HomeMy WebLinkAboutCornell Coop Extension
ELIZABETH NEVILLE
TOWN CLERK
Town Hall, 53095 Main Road
PO Box 1179
Southold, NY 11971
Fax (631) 765-6145
Telephone: (631) 765 - 1800
southoldtown.northfork.net
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
RESOLUTION #2005-691
Resolution ID: 1271
Meeting: 11/10/0507:00 PM
Department: Community Development
Category: Contracts, Lease & Agreements
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-691 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 10, 2005:
RESOLVED that the Town Board of the Town of South old hereby authorizes aud directs
SUDervisor Joshua Y. Horton to execute an Al!reement with Cornell CooDerative Extension
_ Marine PrOl!ram in connection with the implementation of the Town of South old's Local
Water Front Revitalization Program, in the amount of$150,000. (NYS DOS Contract #006355),
all in accordance with the approval of the Town Attorney.
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Elizabeth A. Neville
Southold Town Clerk
KIERAN M. CORCORAN
ASSISTANT TOWN ATTORNEY
kieran.corcoran(i:vtown.southold. oy. us
SCOTT A. RUSSELL
Supervisor
PATRICIA A. FINNEGAN
TOWN ATTORNEY
patricia. finnegan<<~:town .southold. oy. us
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
LORI HULSE MONTEFUSCO
ASSISTANT TOWN ATTORNEY
lori. montefusco(d,town. southold. oy. us
Telephone 16:31) 765-1939
Facsimile (631) 765-6639
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
MEMORANDUM
To:
Ms. Lydia Tortora
From:
Lynne Krauza
Secretary to the Town Attorney
Date:
April 25, 2006
Subject:
Agreement with Cornell Cooperative Extension
L WRP Grant/Contract #C006355
Please be advised that Lori has reviewed and approved the attached
Contract for Services between the Town of Southold and Cornell Cooperative
Extension in connection with the referenced matter. A copy of the resolution
authorizing Scott to sign this document is also attached.
In this regard, kindly have Scott sign both counterparts of the Contract
where indicated, insert the date of signature on page 1, and return them to me.
will forward an original, fully executed counterpart to Cornell Cooperative. In
addition, the other original and executed Contract will be forwarded to Betty for
her records. We will retain a copy in our file.
Thank you for your attention. If you have any questions, please call me.
Ilk
Enclosures
cc: Ms. Elizabeth Neville, Town Clerk (w/encls.)
Mr. James McMahon, Director DPW (w/encls.)
CONTRACT FOR SERVICES
THIS AGREEMENT, entered into this day of 2006, between the Town of South old,
with offices at 53095 Main Road, Southold, NY 11971, herinafter called the "Town" and Cornell
Cooperative Extension, with offices at 423 Griffmg Avenue, Riverhead, NY 1990 I, hereinafter
called the "Contractor"
WITNESSETII
WHEREAS, The Town of Southold desires to engage the Contractor to render certain
professional services hereinafter described in connection with an undertaking.
NOW, therefore, the parties hereto agree to engage the Contractor and the Contractor hereby
agrees to perform the services hereinafter set forth.
1. Emplovment of Contractor - The Town hereby agrees to engage the Contractor and
the Contractor hereby agrees to perform the services hereinafter set forth.
2. Scope of Work - The Contractor shall perform and carry out, on a satisfactory and
proper manner the services described in Exhibit A: attached hereto and made part of
the contract.
3. Personnel-
a. The Contractor represents that all personnel engaged in the work shall be fully
qualified by reason of training and experience to perform such services set forth
herein.
b. None of the work or services covered by this contract shall be subcontracted
without the prior written approval of the Town.
c. Hold Harmless: Indemnification: The Contractor agrees to indemnify and hold
harmless and defend the Town from and against any claim, lawsuit, and/or court
judgment, including costs and reasonable and necessary attorney's fees, that result
from injury to any person, including death, or damage to property caused by the
negligent acts or omissions of the Contractor or its employees during the
Waterfront Revitalization Project. Contractor shall provide the Town with a
certificate of insurance showing evidence of the following insurance and adding
the Town as an "additional insured" on the General Liability.
1. Commercial General Liability Insurance with a limit of$l,OOO,OOO per
occurrence and $2,000,000 aggregate.
2. Business Auto Insurance with a limit of $1 ,000,000 per accident Combined
Single Limit for BI and PD.
3. Statutory Workers Compensation.
4. Time of Performance - The contract period is from October 15,2005 through March
31, 2008 per the New York State agreement.
5. Compensation - The Town agrees to pay the Contractor the total sum not to exceed
$75,000.
6. Method ofPavment - Payment shall be made in accordance with the billing schedule
and upon receipt by the Town of a properly completed voucher form supplied by the
Town. It is expressly understood and agreed that in no event will the total
compensation and reimbursement be paid hereunder exceed the maximum sum of
$75,000.00 for all of the services required.
7. Monthlv Reoorts and Activity Reoorts - Monthly activity reports should be submitted
along with monthly vouchers for reimbursement for approved expenditures.
8. Additional Rights and Remedies - This contract shall be governed by, subject to, and
construed according to the laws of the State of New York.
IN WITNESS WHEREOF, the parties hereto have executed this contract as of the date
hereinabove set forth.
Town of Southold
By
Scott A. RusseU, Supervisor
FROM SOUTHOLD TOWN PLfW'l1 NG BOARD
FAX NO.
531 755 3135
Aug. 12 2005 10:3SAM P7
EXHIBIT A
P.3
T..k 5:
Natural ResouTce lJoventory and Database data coUectlo>>
The consultant will complete digital inventories and use the data to populate the Natw;al Resource
Inventory and Database (NRID) established by the Town. The inventory will build 00 and supplemem
previously collected data including the Southold Creeks scenic inventory; the Town's existing GIS
database; previous mooring and shoreline data; and existing informatiOn from relevant sources. All GIS
data collected es part of this project shall be presented and stored in Maplnfo format. Inventory work
wm build on the GIS .sses~t completed for the Town creeks under a previous EPF award, and focllS
on the remaining ~rown .shure:line.
The digital inventory to flOpulate the ~m will include:
Inventory of shoreline struotures - digital photos of docks, bulkheads and other shoreline
structures extracted from digital videos and linked to the corresponding tax map lot;
Inventory of all shoreline defense structures - all shoreline- hardening structures such as
reveanents, groins and bulkheads (indudinll lItote"lilc devices) will be mapped and linked to
the corresponding parcel and descriptive metadata includina: the length, size, construction
material (Le.; metal, rock, wood, plastic, etc.), and apparent visual condition;
Inventory of Cl<isting moorings. all moorings will be mapped and linked to digital and aerial
photos;
Navigational channels - aU previously and currently maintained navigational channels, and any
chaonel markers, buoys or beacons, will be mapped and 1inked to aerial photos;
Eelgrass locations. all known eelgrass locations will be mapped and incOl'porated; and
Shellfish restoration areas - all past and CUlTent shellfish seeding locations will be mapped and
linked to aerial photos and dcsctiptive metadata including the snellfish species, quantity and year
oflast known seeding effort.
The Town will provide DOS with an electronic copy of all inventory data.
Product;
Digital inventory data collected for all areas of the Town shoreline outside of the
previously mapped creeks.
Task 6; NlUD presentation to Pe.oulc Estuary Program and LoDg Island Sound Study
The Town will prepare a Powe.Point presentation detailing the process, results, and utility ofthc
inventory and mapping of all Town coastal structun:s and features undertaken as part of the NRID
process. Tbe Town will provide a draft of the presentation to DOS for comment and review. The Town
will present the final presentation at a general meeting of the Peconic Estuary Program and of Ihe Long
Island Sound Study. The presentation will emphasize how the data is being used fM coastal ,..one
management and consistency determinations as part of the Town's L WRP.
The Town will also prepare. summary of the NiUD proccss, includioll costs, fondingmechanisms,
details of the equipment used. and lessons learned.
Products:
Draft PowerPoint for DOS review, and final PowerPoint presentation incorporating DOS
comments, presented at one meeting of the Peconic Estuary Program and at one meeting
of the Long Island Sound Study. Submission ofa draft summary of the Town shoreline
mapping projectS to DOS for review, and submission of three (3) copies of the final
summary incorporating DOS comments.
rROM 'SOUTHoLD TOWN PLANN I NG BOARD
FAX NO.
631 765 3136
Aug. 12 2005 10:35AM P8
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Task 7: Scallop spawner sanctuary Identification
Using information acquired as part of the NRID database and previously collected data. the Town will
identify at least two (2) locations appropriate for the establishment of bay scallop spawner ..nctuaries.
The Town will prepare a summary of the conditions, available biological and physical data for each of
the two (2) identified locations for review by OOS. The swnmary will include, at a minimum, a locstion
map. coordinates and aerial photograph of the identified sites; existing data supporting the
recomm<:ndation of each site including the presence. density and dimensions of eelgrass beds, previous
shellfish harvest or seeding information, presence of predators; and physical characteristics including pH,
deplh ofwo\eT, avenge water tempe"'lure (ifkn<>...n). distance to nea1by eelllI1'ss and known bay scallop
harvest areas or eelgr.ss beds and "'Pat colle<;ton;,
The summary document will als() recommend the most appr<>priatc: spawner sanctuary location. provide
justification for the final site selection, and provide recommendations for the management or designation
of spawner sanctuo.ri.. to discourage recreational or commereiallwvesting of spawninglbroodstock
animals. The Town will include eompleted copies ()f any necessary pennit applications for the
establishment of the recommended Spawner sanctuary with the summary report.
Products:
Identification of two (2) potentiallocatioos for bay scallop spawner sanctuaries, and
summary document providing physical and biological information for all sites,
applioatil>ns for permits. recommendation of sites, justification for fInal site selection,
and re""mmen~ons for Spawncor sanctuary manaz=ent. Submission of a drafi
sUl1'lDlllr)' to DOS for rlmew, and submission of three (3) copies of the final summary
incorporating DOS comments.
Task 8: Scallop spawner sanctuary planliDg and field notes
The Town will designate the recommended spawner sanctuary site as a ''no-harvest ~e" and plant a
minimum of 75,000 adult scallops at the site. The Town's consultant will prepare field notes from each
of the planting events including approximate .wnber and size of the scallops planted, water temperature,
pH. salinity, and time and date, and fully document the planting ""ent.. with I'hntographs of the scallops
and actual planting efforts.
The Town's consultant will submit copies ofthe field notes and documentation phC>tographs at the
conclusion of each pllll1ting event.
Products:
Designation of the recommended scallop spawner sanetuary prohibiting harvest, planting
of 75,000 seallops at the recommended scallop spawner sanctuary site, and submission
of all field notes and photographs to OOS.
Task \I; Seallop spawner sanetuary monitoring
The Town will ~ routine monitoring of the scallop spawner sanctuary to detennine the level of
....,_s. The Town will place spat colloc:tors ill the anticipated path of larval drift, doeument the sUIVival
and reproductive success of the spawner sanctuaries. and obse:tved larval settling OIl adjacent eelgrass
beds.
The Town and ita consultant will prepare and submit a summary of the monitoring process and results to
DOS for review.
Products:
SubmiNiOll of a draft summary of the scallop spawner """"tuo.ries monitoring to OOS
for review, and submission of three (3) copies of the final summary ifteorporating IXJS
COJIl!DQ).t$.
~'ROM : 'SOUTHOLD TOWN PLANN I NG BOARD
FAX NO.
531 765 3136
Rug. 12 2005 10:36AM P9
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Task 10: Scallop spawner sanctuary final report
The Town will prepare a final report that documents the process of the idontification, selecti"", data
collection, planting and monitoring of the spawner sanctuary. The Town will dl'aw information from the
site selection summary report, ficld nololS, and monitoring sununaty.
Pro duets:
Submission of a dl'aft report of the scallop spawner sanctuaries proj ect to DOS for
review, and submission of three (3) copies of the fmal report incorporating DOS
comments.
Task 11, Semi-annual reporting
The Town or its consultant shall submit to the DOS semi-annual reports evay six months on the form
provided, including a description of the work accomplished, any problems encountered, and any
assistance needed. The,report may be submitted as part of a payment request.
Products:
Semi-annual reports during the life of the contract.
Task 12: Projeet completion and Measurable Results
Upon completion of the project, the consultant shall submit a statement to the Town that the work has
been completed in accordance with the contract lII1d all permit requirements, where applicable. The
consultant shall provide the municipality with all reports, analysis, data:, GIS layers, and pTOducts as
specified in this work program. The Department of State shall concur that the work is complete prior to
the munjcipalily paying the CODSUltant and/or submitling to the Department of Slale fac f"'1l1 payment of
grant funds. The municipality shall complete the Measurable Results form attached to this work program
...d provide a copy to the Department of State.
Product:
Completed Measurable Results form.
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Appendix B
BUDGET SUMMARY
A Salaries 8r, Wages (including Fringe Benefits) $ 510.000.00
B. Trawl $ 51;500.00
C. SuppliesIMaterials 5 SO.OO
D. Bquipment 5 SO.OO .
E. ConV:ac1ual Services 5 5138,500.00
F.Other 5 50.00
,
TOTAL PROJECT COST 5 . Si50,000.00'
Total State Funds (50 % of Total) 5 $75,000.00
. .
Total Local Share (50"10 of Total) .$ $75,000.00
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Appendix B (Budget Detail Sheet)
A. SALARIES &< W AGBS
:x:m.J;; ANNUAl. - AMOUNr CHARGIlD
C!HADV TO
Director, Pub-lie Works $82,1146. $7.soo .00
.
Town. GIS Coorctihator 560,227.00 52,500.00
SUBTOTAL $ 10,000.00
B. TRAVEL
Travel to ProjeetMeetinp (meals, Ions &< mileage) - $618
Travel 10 DOS IJ Conference (registration, 1nolr>g, meal. &< mileage) - $882
SUBTOTAL $ 1,500.00
Ie ---~
1-
SUBTOTAL $ 0.00
I D. llQUIPMIiNT
, -
1
SUBTOTAL $ 0.00
B.CONTRAcroAJ,. SEllVlCBS
GIS Natullll Re8aurces Jnvenloly Da1abaae ,$37,000
<:nation ofaBay ScaI10p Spawoer SmctuaIy- 5101,500
SUBTCYI'AL 5138,500.00
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- SUBTOTAL S 0.00
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FACE PAGE
STATE AGENCY (Name and Address):
NYS Department of State
41 Stjite Street
Albany, NY 12231-0001
NYS COMPTROLLER'S #:
ORIG. AGENCY CODE:
C006355
19000
CONTRACTOR (Name and Address):
TYPE OF PROGRAM: Environmental Protection
Fund Act
Town of South old
53095 Main Road
Southold, NY 11971
STATE SHARE FUNDING AMOUNT FOR
INITIAL PERIOD $75,000.00
LOCAL SHARE FUNDING AMOUNT FOR
INITIAL PERIOD $75,000.00
FEDERAL TAX IDENTIFICATION NUMBER:
11-6001939
MUNICIPALITY #
INITIAL CONTRACT PERIOD:
FROM: October 15, 2005 ^ TO: March 31, 2007
MULTI-YEAR TERM (If applicable):
From: October 15, 2005 To: March 31, 2008
1,
APPENDICES ATTACHED TO AND PART OF THIS AGREEMENT
APPENDIX A: Standard clauses as required by the Attorney General for all state contracts
APPENDIX Al fucluding
Attachments I, 2, & 3 thereto: Agency-specific clauses
APPENDIX B: ^ Budget
APPENDIX C: Payment and Reporting Schedule
APPENDIX D: Program Workplan
^ ^
APPENDIX X: Modification Agreement Form (to accompany modified appendices for
changes in term or consideration on an existing period or for renewal
periods)
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IN WITNESS THEREOF, the parties hereto have executed or approved this AGREEMENT on the dates
below their signatures,
Contract No, C0063SS
CONTRACTOR
STATE AGENCY:
By:
Y. Horton
New York State Department of State
By 7L~f ~
;[; d: +-tl f, I< -e fll1~
DOS Di~~~~ of Admini ration
Iind Manaaement
/1/ -::r/O~
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State Agencv Certification
"In addition to the acceptance of this contract, I
also certifY that original copies of this signature
page will be attached to all other exact copies of
this contract."
Title:
Title:
(PrlnIName)
Supervisor
September 8, 2005
Date:
Date:
ACKNOWLEDGMENT
Staie of New York )
County of Suffolk )ss:
On this ~ day of Oc..ft:,~( , 20()( before me personally came
Joshua Y. Horton to me known, who, being by me duly sworn, did depose and say that
he/sheltheyreside(s)in 53095 Main Road, PO Box 1179, Southold, NY 11971 (if the place
ofresident is in a city, include the street and street number, if any, thereof); that helshelthey is(are) the
Supervisor (title of officer or employee) of the Town of Southard, (name
of municipal corporation), described in and which executed the above instrument; and thathelshelthey signed
hislher/their name(s) thereto by authority of the governing body of said municipal corporation.
~
BONNIE 1. DOROSKI
Notary Public, Stale 01 Naw'mrt
. ,SUffolk~un~
Term Expires July 7, 20 ()
ATTORNEY GENERAL'S SIGNATURE:
Approved:
APPROVED
OF AUDIT & cONtROL,
OEPl.
DEe 0 1) 2005
, 1'~C~Ollf\l
fQR-n4E'l
OI'OW
Title: . C' \'
pDBO .;. ~\E'(
ate'~(6 1>.110\'.'"
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51:"E.f'bVJE.f'.
,,550
Alan G. Hevesi
Comptroller
By:
Date:
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STATE OF NEW YORK
AGREEMENT
The AGREEMENT is hereby made by and between the State of New York agency (STATE) and the public
or private agency (CONTRACTOR) identified on the face page hereof.
, WITNESSETH:
, WHEREAS, the STATE has the authority to regulate and provide funding for the establishment and
operation of program services and desires to contract with skiIled parties possessing the necessary resources to
provide such services; and
WH1lREAS~the CONTRACTOR is ready, willing and able to provide such program services and possesses
or can make available all necessary qualified personnel, licenses, facilities and expertise to perform or have
perfonned the services required pursuant to the terms of this AGREEMENT;
NOW, THEREFORE, in consideration of the promises; responsibilities and covenants herein, ilie STATE
and the CONTRACTOR agree as follows:
I. Conditions of Al!reement
A This AGREEMENT may consist of successive periods (pERIOD), as specified within the AGREEMENT
' or within a subsequent Modification Agfeement(s) (Appendix X). Each additionaf or superseding PERIOD
shall be on the forms specified by the particular State agency, and shall be incolporated into this
AGREEMENT.
B. Funding,for the first PERIOD shall not exceed the funding amount specified on the face page hereof.
Funding,for each subsequent PERIOD; if ariy, shall not exceed the amount specified in the appropriate '
appendix for that PERIOD.
C. This AGREEMENr incorporates the face pages attached and all of the marked appendices identified on
~face~ge~oof. '
D. For each ~~ing PERIOD of the AGREEMENT, the ~es shall prepare new appendices, to the
extent 1bat any require modification, and a Moditicaiion Agreement (~ attached Appendix X is ~ blank
fonn Mbe used). Any termS of this AGREEMENT not mOdified shall remain in effect for each PERIOD of
the AGREEMENT. ,
To modify the AGREEMENT within an exiSting PERIOD the parties shall revise or complete the appropriate
appendix 'forms(s). Any change in the amount of consideration to be paid; or change in the tenn, is subject to
the approva) of the Office of the State Comptroller. Any oilier modifications shall be processed in
accordanCe with agency guidelines as stated in Appendix AI.' r
E. The CONTRACTOR shaIl perform all services to the satisfaction of the STATE. The CONTRACTOR
. shall provide services and meet the program objectives sUll)'marized in the Program Workplan (Appendix D)
in accordance with: provisions of the AGREEMENT; relevant laws, rules and regulations, administrative and
fiscal guidelines; and where applicable, operating certificates for facilities or licenses for an activity or
prognun.
F. If the CONTRACl'ORenters into subcontracts for the performance ofworkpurauant.t6 this
,. -AGRBBMENT, the CONTRACTOR shall take ftJIl responsiblllty for the aols and omissions of ils
oj
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subcontractors, Nothing in the subcontract shall impair the rights of the STATE under this AGREEMENT.
No contractual relationship shall be deemed to exist between the subcontractor and the STATE,
G. Appendix A. (Standard Clauses as required by the Attorney General for all State contracts) takes
precedence over all other parts of the AGREEMENT.
n. Pavment and Reoortinl!
A. The CONTRACTOR to be eligible for payment, shall submit to the STATE's designated payment office
(identified in Appendix C) any appropriate documentation as required by the Payment !lnd Reporting
Schedule (Appendix C) and by agency fiscal guidelines, in a manner, acceptable to the STATE.,
B. The STATE shall make payments and any reconciliations in accordance with the Payment and Reporting
Schedule (App~ndix C). The STATE shall pay the CONTRACTOR, in consideration of contract services for
a given PERIOD, a sum not to exceed the amount noted Qn the f.ace page hereof or in the respective
Appendix designating the payment amount for that given PERIOD. This sum shalI not duplicate
reimbursement from other sources for CONTRACfOR ,costs and services provided pursuant to this
AGREEMENr.
C" The CONTRACTOR shall meet the audit requirements specified by the STATE.
m TerminAtions
A. This AGREEMENT may be terminated at any tiine upon mutuaIwritten consent of the STATE and the'
CONTRACTOR.
B. The STATBmayterminate the AGlUillMBNTinunediately, upon wriiten notice of termination to the
CONTRACTOR, if the CONTRACTOR fails to comply with the termS and conditions o{this AGREEMENT
and/or with any laws, rules, regulations, po-Iicies or procedures affecting this AGREEMENT.
C. The STATE may also terminate thiS AGREEMnN'r for any reason in accordance 'with provisions set
forth in Appendix AI.
D. Written notice of termination, where required"shaII be sentbypersona\ ntessenger service or by certified
mail, return receipt requested. The termination shall be effective in accordance wilb terms of the notice.
'E. Upon receipt of notice ofteimination, the CONTRACTOR shall cancel, prior to the effective date of any
prospective tcnnination, all outstanding obligations, an4 agrees not to inCur any n,ew obligations after receipt
ofthc notice without approval by the STATE.
P. The STATE shaII be responsible for payment on claims pursuant to services providlld andoo'sts illourred
pursuant to teims of the AGREEMENT. In no evelitshaII the,STATE be Uable for expenses and obligations
arising from the program(s)in this AGREEMENT after the termination date.
Iv. Jnd"""'ifioatlon
A. The CONTRACTOR sJWl be solely responsible and answerable in damages for any and all accident
and/or lqjuries to penon (including death) or property arising out of or related to the services to be rendered
by the. CON'l'RACToR or its subcontractoiB pursuantto this AGRBBMBNT. The CONTRACTOR shall
lndemi1ify and hold harmless the STATE and Its ofticen and emplo)'lle8 &om. olaims, suits, aotions, damages
and oom of every nature arising out oflbe provision of scrvlOes pursuant to this AGRBBMBNT.
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B. The CONTRACTOR is an independent contractor and may neither hold itself out nor claim to be an
officer, employee or subdivision of the STATE nor make any claim, demand or application to or for any right
based upon any diff~rent status. .
V. Prooertv
Any equipment, furniture, supplies or other property purchased pursuant to this AGREEMENT is deemed to
. be the property of the STATE except as may otherwise be governed by Federal or State laws, rules or
regulations, or as stated in Appendix At.
VI. Safel!Uards for Services and Confidentiality
A. Services performe4 pursuant to this AGREEMENT are secular in nature and shaH be performed in a
manner that does not discriminate on the basis of religious belief, or promote or discourage adherence to
religion in general or particular religious beliefs.
B. Funds provided pursuant to this AGREEMENT shall not be used for any partisan political activity, or for
activities that may influence legislation or the election or defeat of any candidate for public office.
C. Information relating to individuals who may receive services pursuant to this AGREEMENT shaU be
mailli1lir,ed and used only for the purposes intended under the Agreement and in conformity with applicable
provisions oflaws and regulations, or specified in ApPendix At. .
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APPENDIX A
Standard Clauses for All New York State COlltracts
The parties to the attached contrac~ Iicen,e, lease, amendment or other
agreement of any kind (hereinalter, "the contract" or "this contract') agree
.to be bound by the follOwing clauses which are hereby made a part ofthe
contract (the word "Contractor" herein refers to any party other than the
StQte, whether a contractor, licenser, licensee, lessor, lessee or any other
party):
I. !tJOlCUTORY CLAUSE, In accordance with Section 41 of the State
Finance Law, the State shall have no liability under this contract to the
Contractor or to 8I1yone else beyond funds appropriated and available for
this contract.
2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of
the State Finance Law,this contract may not be assigned byllteContraclor
or its r1~ title .or in_therein assigned, transferred conveyed, sublet
or otherwise disposed ofwlthout the previous consen~ in Writing, of lite
St8te and any attempts te assign the contract without the State's Written
consent are null ind void 'lbe Contractor may, however, assign its right to
receive payment without the State's prior written consent UlII~ thls
CCllIlract concerns CCrtificates of Participation pllt1!liant to Article 5-A of
the State Finance Law. .
3. COMPTRnr:r 1>.1> 'S APPROVAL In accordance with Section 112
ofth.. ~ Firlance Law (or, iflhls contract is with the ~ University
or City I.1nlwrsity of New York, Section 355 or Section 6218 of the
BducaIion Law), if this contract exceeds S 15,000 (or the minlmwn
lhRsholds asreed to by the Office of the State Comptroller for certain
S.U.N. Y. and CUN. Y. contracts), or if thls is in amendment for any
_Ulltto acontractwhich, as so amended, exceeds said staluto'Yamoun~ .
or if; by this oon~ the stite agrees to give something other than money
1VIIea the value or reasonably estimated value of such considenti.on
Goeeds SIO,ooo, It sbaIJ not be valid, effective or binding upon tho State
1IlIIlI1t has been approved by the State ComptrolJer and filed in his offi...
.Camptrnller'. approval of contracts let by the Office of General Services
II ~ulred wilen such contracts exceed S30,OOO '(State Finance Law
Seolion 163.6a).
. ... WqJlTCRD'" COMPRMl<l nON BENlmITs, In aocordance with
Seolion 142 oftho~Pinanoe Law,this contract sbaIJ be vpidand orao
6lI:o 8ocIllft'ectUlllesslbeCon1ractor sIuiIJ provido and mojoCalacovaa,e
'durlDgthe IJIlo of this contract tOr lbo bftIefit of sueb employees as are
nquirod to be ooVmd by the provislow of the Worleen' Compensation
Law. . .
. 5. l'iOl'liJlSCRrMDoU.TION REnUIREMF.NTS To the extend'
.RQ1iIred by AI1lcle IS orthe Ilxeoutive Law (also Iatown as lite HUllIIll
lll8hbJ Law) and all olher State and Pederal statutory and constitutional
iIoD-dlscrimiDatioaptovlslons, theCotUractorwillaot dlscrlmlnatoaplnst
lIlayemployee or appUcint tOr omplo)'lll<O.t because ofrace, creed, color,
.... national orlglIi, ~ 9rIontatloo, ege, disabDity or madtalstatus.
Fua1hormoce, in lCCOI'danoe with Sectlon22O-e orthe LaborLaw, Iflhls
...~Dlract tor theOOllStructloo, a1teraUon or repakoranypubllobulIdlng
or JlUbl(c wolt or br the manulllccure, sale or diiltributloll of materials,
eqU/pbieot or Suppllts, and to the _t that lhis contract sIuiIJ be
. jIellbrmed wilbla 6e State orNewYode, Contractor ~ that adChel' it
IIOr 118 .u!lcolltuicC.... man. byroiaon orrace, creed, color, ~1IIty, sox,
orllllionalcm,ta: (a)dIscrimlnato la 1dring 8&8fnst IlIyNowYot!c ~
- · fa qwWled and avaI1ablo to perform' tho WOtt; or (b)
4Iaodmittateigalnst or Intlri1Idate llIIyomployee hired tOr tho performance
May 2003
of work under this contract. If this is a building service contraot as der",ed
in Section 230 of the Labor Law, then, in accordance with Section ~9
thereof, Contiactor agrees that neither it nor its subcontractors shall by
reason of race, creed, color, national origin, age, sex, or disability: (a)
discriminate in hiring against any New York SCate citizen who is quail1ied
and available to perform the work; or (b) discriminate against or intimidate
any employee hired for the performance of work under lids contract.
Contractor is subject to fines of $50,00 per person per day for any
violation of Section 220-e or Section 239 as won as possible teimination
of this contract and forfeiture of all moneys due hereunder-for a second or
subsequent vIolation.
6. WAGE AND HOURS PROVISIONS. If this is a public work
contract covered by Article 8 of the Labor Law or a building serVice
contract covered by Artiole 9 thereot; neither Contractor's employees nor
the employees of its subcontractors may be required or permitted to work
more than lite number of hours or days stated in said statutes, except as
otherwise ~vlded in the Labor \ow.and as set forth in prevailing wage
and supplement schedules issued by the State Labor DOpartnwlt.
Furthermore, Contractor and its subcontracto... must pay at least the
prevalling wage rate and payor provide the prevailing suppl_ts,
including the premium rates for overtime pay, as determined by the State
Labor Department In accordance willt the Labor Law.
7. NON..cDI,UISIVE BIDDING REnTrrn"......,... .In aoconlance
with Section 13~ of tho State Finance Law, ii'this contract wis awarded
based npon lite subtulsslon of bids, Contractorwarrartl8,underpeoalty of
peduty, that its bid was arrived at independently and without collusion
aimed at restricting COmpetitlolL Contractor further Warrants ~ at tho
time Contractor.submitted its bid, an audtorized and responsible penlOn
executed and delivered to the State a non-collusive bidding certification
on Con_r's behalf. . .
8. INTERNATIONAl.. BOYCOTT PROmRITION~.Jnaccoidance
with Section 22O-f or the Labor Law and Section 13'-h of tho State
Finance Law, if this contract eltooeds S5,ooo, the Contraclor osroea. as a
ma!IlriaI condition or the contraet, lItat neither the 00IItract0r nor lIliy
substantlallyowned or afIiI~ person, firm, partnership or corporation
has partlCipaled, Is particlpatiug, or sbalI' pardclpate in an Intemalional
1>oycoU lnvioialloo of the federal Ilxport AdminlstratioaAct ofl 'J7' (50
use App; . Sections 2401 et Ceq.) or l'e$UlatJons thereunder. U such
Contractor,or anyofthe .roresaid affiliates orContractor, lsOlllvlcted or
. Is oCherwise round to have violated sallIlaww or reguladoas upon the IlaI1
detennInatlon of the UnIted States Commerce Dopamueut or any other
appropriate agency of the United States subsequent to the eontraClon.
exeoulion, such contract, o"''''''''IClIt or rnodl1Ication Ihenolo sbaIJ be
rendered IOrfelt mid void. 'lbeContractor sbill so notifY the State
CQmptroller within five (5) business day& 'ohlllch conviction,
detennInatlonor disposltlon ofappeai (2NYCRR 105.4).
9. . SET-OFF RIGHTS. 'lbe State shall have. all of its colnmoa law,
oqultahleand staIutolj'rlshts of set-off. 'lbese rlshtlllllallinclude, butaot'
bollmlted to,theSCate'soptlon to withhold forlhe putpOses ofset-offeny
DIOllC)'l due to the Contractor under Chis oontract up to any llIIOunts due
and owlagto tho State with~ to this contract, llIyotIJet contract with
any sCale dOpanmoat or epley, IncIucIJug Illy COIItrIIll Ibr a letDI
OOIIIft1eIIolpg prior to the termerthis -tncI, Iilus iny &Il1OIIII18 duo ad
owfaI to the SCate ftir lIlIyother -u inc1udlo& wlfwut 1Inicatloa, CU
delinquencies, fee delJnqtteltoles or monetary pona1tles ro1atIwlboreto.
"
:.
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The Stale shall exercise its .et-off rights in accordance with normal State
pnctlcesincludlng, in cases ofset'offpursuantto an audit,the finalization
of such audit by the Staie agency, its representatives, or the State
Comptroller.
10. RECORDS. The Contractor shall establish and maintain complete
and accurate books, records., documents, accounts and other evidence
directly pertinent .to perfonnance under this confract (hereinafter,
collectively, "the Records"). The Records must be kept for the balance of
the calendar yell!" in which Ihey were made and for six (6) additional years
thereafter. The State Comptroller, the Attorney Generai and any other
person or entity authorized to conduct an examination, as well as the
agency or agencies involved in this contrac~shall have access to the
Record, during nonna! bu'ines, hours at an office of the Contractorwithin
the State of New York or, if no such office is available, at a mutually
lIireeable and reasonable venue within the State, for the term specified
above.forthe purpos.. of inspection, auditing and copying. The Stateshall
lab reasonable steps to protect from public di",losure any of the Records
which are eXempt from disclosure under Seotion 87 of the Public Officers
Law (th. "Statute') provided that: (i) the Contractor ,hall timely infonn an
appropriate Stale official, in writing, that said records should not be
disclosed; and (ii) said records shall be sufficiently identified; and (ill)
. deslgn.ation. of said records as exempt under the Statute is reasonable.
Nothing contained herein shn11 dimlnisl1. or in any way adversely ati'ec~
Ihe Stat.'s rightt~ discov.ry in any pending or futnrelitigation.
It. IDENTIFYING INFORMATION AND PRIVACY
t1OT1F1CA'nON. (n) 'FBDBRAL BMPWYBR.IDBNTIFICATION
NtlMBBR and/or FBDBRAL SOCIAL SECURI1Y NUMBBR.A11
iInoIces or New Yode Stale standard vouchers submitted for paymtllt for
dl..a1e of goods or services or the I.... of real or personal ptopertyto a
.New Yode Slate agency must include the payee's identi/icatlqn number,
Le., the seller'. or JeSso~s identlfic;ation numbC(. The numb..- is either the .
payee's Federal employer identification number or Feders!.social security
llIIU>cI', or both such numbers when the 'payee has both such numbeni.
Pail.... to inclu4e dHs nUl1lber or numbets may delay paymtIlt Where the
pa)\le does not have such number or numbers, th. payoe, on its invoice or
'NewYode Slatestandard voucher, must give the reason orreasons why the '
PQeO dO<lS not have such number or numbers.
(b)PRlVACYN01lFICATION. (I) The authority to request the above
penoi>aJ lnfOnnatIon li"om a seller of goods or services or a lessor otreal
or JlerSonat'property, and the anthority to maintain such information, is
. tbundln Section 5 ofth. State Tax Law. DlsclosllR ofthlsinformatlon by
lhe 1Cllei' or 1_ to the SllIle Ismandatoly. Th. princ;ipal purpose for
. wIdch the infonnatlon Is oolle<:ted Is to enabl. the State to identify
Individuals, businesses and others who have been delinquent in filing tax
ncums or may have understated thelr tax Iiabltilles and to geners!ly
.lcteatifY persons alrected by the taxes administC(ed by the Commissioner
<If Taxation and' Finance. The iQformatlon will be used for. tax
edmlnlslntion putpOaes and for anyother purpose authorized by law.
. (2) The J'CISOnaI iQformatlon ~ requested by the pun:haslng unit of the
Iliency contraollng to purchase the gqods or services or lease the real or
)leIIOII8I propertr eovered by this oontract or. I..... Th. information Is
........h1lnedIn N.w Yode State's Central Accounting System by lb.
. Dlnctor of Acccunllng Operitio~ Office of the Stale COmptroller,
ABSOB, Albany, New York 12236.
J2.IIOU4J, RMPLoYMENTOPPORTUNITIF8F.ORMINORlTlll.<l
iAND WOMlr.N . Inacioordancewith Seetlon 312 of the BxeeutiVll Law,
Iftlda COI\Ilaot Is: (i) a writtai{aarecmont or purohase onJer fnst(umccu,
. f'AI\'IdiD8 G>r . total expendItUre in ex.... of $2>,000.00, whereby a
COIIIIIcdnga,genoylsconuuitted to expend or dOllS expend tlmd.m return
.Jbr labor, servtoes, .upplies, equlpmen~ materials or any combination of
May 2003
A-2
the foregoing, to be performed for, or rendered or furnished to lbe
contracting agency; or (ii) a written agreement in excess 0($100,000.00
whereby a contracting. agency is committed to .xpend or does expend
funds for the acquisition, construction, demolition, replacement, 1lIl\l0r
repair or renovation otreal property and improvements thereon; or (Iii) "
written agr.ement in .xc.ss of$1 00,000.00 wh.reby the owner of a State
assisted housing project. Is committed to expend or do.. expend funds for
the acquisition, construction, demolition, replacemen~ major repair Or
renovation of real property and hnprovemenls thereon for such proJect,
then:
(a) Th..Contractor will not discriminat. against employ... or applicants
for .mploymentbccauseofrace, creed, color, national origin, sox, age,
disability or marital stallis, and will undertake or continue existing
programs of affinnatlve action to. ensure that minority group IlIChlbets and
women are afforded equal employment' opportunities without
discrlmination. AIIlnnaliv. action shall mean recruitment, employmtllt,
job assignment, promotion, upgradings, demotion, transfer, layo1l; Or
tennlnatlon and rates of pay or other fOnDS of compensation;
(b) at the requ.st of the contracting agency, Ibe Contractor slutIl request
each employment agency, labor union, or authorized ...pr....tstiv. of
wodcers with whiob it bas a collective bargaining or other ~ or
understanding. to furnish a written statement that such """loyinOnt
agency, labor union or representative will not discriminate on the basts of
race, creed, color, natIonal origin, sex; age, dl.sObility or maritOJ slatusand
that such union or representative will affinnatively cooperate in the
irnplemeniation oflbe contracto~. obligations hereht; and
(c) the Contractor shall state, in aJi solicitations .,;. advertisements Ibr
employees, ~ in th. performance of the State oontract, aD quaIi/lecl
applicants will be a1I'o~ed eqnaI employment q>portuniti.. without
dlscrilnination because of race, c:reed, color, Rational origin, sex, oge,
disability or'maritaJ status.
Contractor will includ. the provisions of".. "b", and "c' abo~ in.every
subcontractover S2S,OOO.ooforth.construction, demolition, repI""'"""<l~.
major repair, RIIOvatton, plannf!lg or desljn of real .prllpCrty aad
improvements thereon (the "Work") except whn the Woric Is for the .
beneficlal use otthe ~. SectIon 3-12.does not ~1y to: (i) Work,
goods or services imrdated to tIds contract; or (It) ....,10)'IIIaIl outside
New Yode~ or (Ii\) banting servioes, bIsunnco pollcks orlh. ssio of .
securities. The Iltate shaI1 constder c:ompIlsnoe '" . cotlfraOtor or
. subcontractor with tho requirements ofanyflldec:at Iaweoncernlng oquat
employmentopportunlty'l'hioh..ftbctu&teichepurpO$oofthls secitlon. 'Ihe
eontractingagency shntt cletamino whether tho 1mposIti0ll of tho.
rOqulranents of the provlslonahercof duplicate oroonilict with any JUoh
faders! law and If suob duplication orcon1llct oxlst8, the ~
agencyshaU waive the appUcabUltyofSectlon 312 to the _ ofBUCh
duplication or con11Jct. CQntractor witl c:ompIywilb all dulyproaw\pted
and law1b1 mles ind ...suJations of the <lovernor's ()ffice ofMinority and
Women's Business DeVllloptllent pertalningh....lo. .
13. CONFLIqING TERM'S. In the eveirt of a con1llct ~n the
lenns of tlte contrllct(including.any and all .lll>"~_tsthll1llO 'and
lImeIldments thereof) and th. tenus of this Appendix A, the terms of this
Appendix A shail oontrol.
14. GOVERNING LAW. This contract shall be governed by the taws
of the State !If New Yoric exoept where the Federalsupremaoy clause
requires othetwls..
, .
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15. tATE PAYMENT. Timeliness of payment and any interest to be
. paid 10 Contraolorfor late payment.shall be governed by Artiole II-A of
the State Finance Law to the extent required by law.
16. NO ARBITRATION. Disputes involving this contract, including the
breach or alleged breach thereof, may not be submitted '10 binding
arbitration (exoept where statutorily authorized), but must, inslead,.be
heard in a court of competent jurisdiolion of the State of New York.
17. SERVICE OF PROCESS. .In addition to the methods of service
allowed by the Stale Civil Practice Law & Rules ("CPLR"), Contractor
hereby consents to service of process upon it by registered or certified
mail, return receipt requested. Service hereunder shall be complete upon
Contracto~s actual receipt of process or upon the Stale's receipl of Ihe
return thereof by the Uniled Stales Postal Service as refused or
Undeliverable. Contraclor must promptly notifY the Slale, in writing, of
each and every change of address 10 which service of process can be made.
Service by the Slate to the lasl known address shall be sufficient.
Contractor will have thirty (30) calendar days' after service hereunder is
complete in which,o respond.
18.. PROHIBITION ON PURCHASE OF' TROPICAL
HARDWOODS. The Contractor certifies and warrants that all wood
prod'lCls 10 be used under this contract aWaid will be in accordance with,
bottlot limited 10, the specifications and provisions of Stale Finance Law
1165. (Use of Tropical Hardwoods) which: prohibits purcbase IIlld use of
tropical butlwoods, unl... specifically exempted, by the State or IIllY
sovemmenw 8gencyorpoUtical subdivision orpubUcbenelitcorporatlon.
Qualification fur an exemption under this law will be the responsibility of
..the contractor 10 establish 10 meet with the approval of the State.
Iaaddition, when ""yporlion of this contract involviugthe use of woods,
whether supply or Insta1lation, is to be performed by IIllY subcontractor, .
the prime ContractorwiU indicate and certifY in thesubmltted bid proposal
tIlot the subeontnctor has been Informed and is in oompliance with
IpeQifications and provisions regarding use of tropical hardwoods u
"decalIed in 1165 SIaIe'Flnance Law. Any sueb use _meet wid; Ibe
IpprOvaI of the State, otherwise, the bid moynot becot.slderedresponslve.
UId<<. bidder certlficatioos, proof of qua1illcation for exemplion wIIJ be
theresponribUlty of the Contractor to meet with the approval oflbe SIaIe.
. 19.MACBRlDEllADtEMPLOYMENTPRINCIPLllS.laacconlance
with 1he Mad3dde Fair BmpIoymeatPrinclples (Cbapler1l07 of the Laws .
of1992), lbepo.ilhctorl!erd>yslipulatestllattheContractor OItbec(a) has
ItO bu.s/nessopetations in Northern Ireland, or (b) slWI take Iawtld steps
In good filith to conduct any business opemtions in NortbemIrdand in
siccordance wilb the MacBride FiIir Bmploymenl Principles (is described
In Sectlon 165 of the New York Slate Finance LaW),1l1d sball permil .
Independenl monitoring of compliance wI!h such principles.
20. . Ol\fl'lIBUS PROCUREMENT ACf OF 1992. Ills tbe polley of
Hew York Sl&te to maximize opportunities for the particlJ?atlon .ofNcw
. York StIte business enletprises, including minority and _llwned
buslneos enterprises as. bidders, subcontractors IIlld suppUers on Its
~tcontracts.
IafGrmation on the availability of New York Staie subcontractors Il1d
suppliers isava1lable ftorn:
NYS ~tofBconon1lc Development
Division fila' SmaD Dullness
30 Soulh P" Slreet, 7* lloor
A1b8lly,NowYorlc: 12245
518-292-5220
May 2003
A.]
A directory of certified minority and women-owned business enterprises
is available from:
NYS Department ofBconomic Development
Minority and Women's Business Development Division
30 South PC81:1 Street, 2'" floor .
Albany, New York 12245
http://www.empire.state.ny.us
The OUUllbus PTocuremenl Act of 1992 requires thai by signing this bid
proposal or contrac~ as applicable, Contractors certifY that whenever the
lotal bid amount Is greater than $1 million:
(a) The Contractor has made reasonable efforts to "courage Ihe
participation of New York Slale Business Bnterprises as suppliers and
su\Jcontractors, including certified minority and women-owned business
enterprises, on this project, IIlld has retained the documentation. of th_
. efforts 10 be provided upon request to the State;
(b) The Contractor has complied with the Federal Bqual Opportunity Act
of 1972 (p.L. 92-261), as amended;
. (c) The Contraclor agrees to make reasonable effilrts 10 proVide
notlficallon 10 New York Slate resldelits of aq>loymenl opportUqitfes on.
this project tbrough listing IIllY sueb positions with the lob Service
Division of the New York Stale Departmenl ofLabo\', or providing such
notificallon in sueb manner u is cOnsistent with. existing collective
bargaining contracts or tgreements. Th. Contractor I&rees to d_
Ibese effilrts and 10 provlde said documentation to the State upon reqtlest;
and
(d) The Contractor acknowledges notice tbattbe Slate may soeIc 10 obtlIIn
offsel CRdiIs ftom fureign countries as a resul~ of thIS contractlllld agrees
to cooperate with tbe State in th_ efforts.
21. RECIPROCITY AND SANCTJONS PROVIllIONS. Biddeq are
hereby notified tbat if their principal p/Alco. of IlasIness Is IocaIed In a
country, natlon,provlncO. _ospoUIIcaI sulidMslon tbatpcaal/zelN_
York State WSldon,. and If the gooda or oervIoes !boy olIb' wlIlbe
substantiallyproduced orperfonned O~HewYorkSlale,IheOmn\bus
P~Act 1994 ~ 1IId2000-.tmeacs(Cbapta-Cl84
and 0IIpIer 383 sespectlvely)requlredut!boyllo di.ded 00lIIra<:CI which
they would otbenrise obcaIn. NO'l1l: A1$ of May IS, ~ the list of
dlscrimlnaloayjurisdlcdons subJectto this provision Inolndesthe8lata of
SouthCarou..a.AIasb, Westvqlnia, W~LoUIsIanaIlldHawali.
Con1act NYS Department ofBconoinlo Devdopment tbr a ciamat list of
jurisdictions subJ~ to 1Iils provision. '
22. PQJ!.CHASIlS 011 A~PARRJ .In acconlance with State FInance.
Law 162 (+e), Ibe State Ih8I\ IIOt purcIaase lUIT 'flPanil_any wador
unable or nnwlWn, to cerIIJy thal: (l) Iuc:h 8ppIl'C\ _ ._ullleturod.1n
compUinoe with .a11appllca1>le laloor and occupadoilal' safe:ty laws,
Including. but Jiot'1lmIted to, child Iabos taw., WlI&O Il1d hourslaWllUld
WotIcplaoe safety IaWl, and (iI)'vatdorVli1lIU(lllly, with ltI bid (or,lfnot
a bld rItuatloa, prior to or II daellrneof 1lgnJai. coDlnct with the StlIto),
iflatown, the - and addresset ofesd1 ~r and a fist ofall
ltUiJIul8cturlng plants to be utilIZed by tile bidder.
"/<
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APPENDlXAI
Ag~cy-Specific Clauses
This Agreement has been entered into pmsuant to the following understandings:
I.
A Title II of the Environmental Protecti~nFundAct provides.for State assistance to municipalities for !:he
State share of the cost of approved local waterfront revitalization projects as defmed in the Act. .
B. The Department is authorized by such Act to evaluate an4 determine eligibility of applications for
funding of projects. .
C. Based upon information, representations and certifications contained in Contractor's application for
funding, Including the Work Program as set forth in Appendix D, the Department haS made a
detennination of eligibility of funding for Contractor's projecrunder such Act.
D. State funds (Funding Amount set forth on the Face Page) for this Project (Appendix D Program
W orkplan) are provided pursuant to a .reappropriation of funds originally made by Title II of the
Environmental Protection Fund Act.
E. The Contractor haS demonstrated its abjlity to finance its share of the Project and has agreed to fund its
portion of the cost of the Project. ;
n. General
A For the purposes ofthis.Agreenlent, the temw "State" and "Department" are interchangeable, unless the
context requires otherwise.
\
. B. The contract period as set forth on the Face Page is the inclusi~ periodwitbin which the provisions of
this Agreement shall be performed.
C. No liabilities are to be mcuned beyond the termination date and no costs will be reimbursed for such
liabilities unless: 1) funds have been reappropriated for the Project in the subsequent State fiscal year,
2) the Department deteirnines that it is in the best interest. of the Department and the State to provide
additional time to complete the Project and 3) an extension agreement is approved in accordance with .
SectionlA of the Agreement. . .
D. SUbject to the. availability of funds, d<:tennlnation by the Department that it is in the best interest of the
State, and.upon mutual written consent of the parties, the Multi-Year Term of this Agreement may be
extended by up to two Contract Periods not to exceed twelve months each.
E; The Depll11ment shall not be liable (or expenses of any kind incurred in excess of the State Funds as set.
forth on the. Face Page, and shall not be responsible for seeking additi<!l).a1 appropriations or other .
sources of funds for the Project. .
- F. The COnllWtor shall perform all services to the satisfaotiOlJ of the Department. The Contraotor shall
provide all services and meet the prograni objectives described in Appendix D in accordance With:
. provjsions of this Agreement; relevant State, fedCl'al and locaI laws, roles and regulations, adminiotrative .
and fiscal guidelines;. where applicable, operating certificates for facilities or licenses for an activity or
program, and conditions of applicable permits, administrative orders andjJldioial orders.
G. The COntractor shall submit with its request for final ~yment a Finall'roject Summary Report in the
format descn'bed in Appendix AI,. AtQch!nent 1 and Measurable Results Fotms, . such forms to be
provided Con~ctor by the Department. . .
At-2
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H. The Contractor agrees to proceed expeditiously with the Project and to complete the Project in
accordance with the timetable set forth in the W orkplan (Appendix D) as well as with the conditions of
any applicable permits, administrative orders, or judicial orders and this Agreement.
I. The Department {,m provide Contractor with a Ouarterlv Contractor Reuort (Appendix A I, Attachment
, 2) pursuant to the Department's Minority and Women-owned Business Enterprises Program. In the event
Contractor utilizes Minority and W omen-ownedBusiness Enterprises as discussed in Section XIV in
Appendix AI, such report shall be provided to the Department at the address on the Quarterly Contractor
Report.
.'
J. The Contractor shall submit two copies ofa "Project Status Report" (Appendix AI, Attachment 3) on
a six month basis for the periods ending June 30 December 31. Reports are due no later than 30 days
following the end of each reporting penod.
In. Additional Requirements for Construction Pfoiects
A Project design, including preparation of final plans and specifications, and supervision of construction
sl!a1I be undertaken by a quaJified architect and/or engineer licensed to practice in the State ofNew York
The Contractor shall submit final plans and Specifications to the Department for its acceptance before
initiating constrUction work or, if the Contractor intends to subcontract for construction work, before the
work is advertised for bidding. No change to proj\\Ct plans may be made without the prior written
, approval of the Department. The Contractor shall also be responsible for erectini a project sign
satisfactory to the Department identifying the Project. The project sign shall remain in place fot the
useful life of the improvements undertaken pursuant to this Agreement. Upon completion of the Project,
the Contractor shall submit to the Department a proper certification from a licensed architect or engineer.
B. Agreements for construction in excess of twenty thousand dollars ($20,000) shall be awarded after and
in acC9fdsnce with competitive bidding requirements of the Qeneral Municipal Law. A certified copy
of a summary of lIlI bids shall be submitted to the Department prior to awarding the A8!'eemen~ and a'n
executed copy of the, construction contract will thereafter be submitted to the Department.
~
C. All purchase contracts involving an eXpenditure of more than ten thousand dollars ($I 0,000) shs1I be
, . awarded to the lowest bidder furnishit\g the required security after advertisementfor Sealedbids in the
tIIII1UleI' provided for in section 103 of the GeneraI Mwdolpal La"". '
D. The State shall nWre periodic inspections of tile project both duriUg its imPlementation and after its ,
ClOlI!Pletion to assure complianCe with this Agreement The Contractor shall allow the State unresfricted (.
acceSs t9 work during lhe preparation and pro~s of the work, and provide for such ~s and
inspection by the s.tate in all cOnstructioncontraots relating to the project. ",
R The Contractor shall be responsible for assuring that the project is designed'and constnJOted in
COnformance with the Uniform Federal Accessibility Standards (UP AS - Appendix Ato 41 CRF part
101-19,6);theAmeriOans withDlsabilities Aot AccessibilityOuidelines (ADAAG-AppendixAofl'itle
9 NYCRR). Where there are discrepanoies among the sets of standa{ds with reganl'to ap8rtlouiar
designJconstrnotion requuell1el1t, the one providing for the greatest degree of accommodation for, the
disabledsball apply. '
F. It is the Contractor's responst'bility, l'ursuant to Section 57 of the Wotkors' Compensation Law. to
maintain for State aUdit and review either~fthattheybave Workers' Compensatloncoverage for any
employees, or a wavier statement from the New York State Department of Labor. 111e Contraotormust
also obtain from any contractor or su1Hlontractor hired to provide a service pUl'll1,lant to lhisAgreemCnt,
simi1al' proof or waiver from the contractor Or 811bcontraotor, and must mal'1tain such documentation on
tile for audit. '
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IV. Reoorts. Documents and Maps
The Contractor shall, where appropriate, identifY documents, reports, and maps produced in whole or in part .
under this Agreement by endorsing on said documents, reports, and maps the following:
"This (document, report, map, etc,) was Prepared for the New York State Department of State
with funds provided under Title 11 of the Environmental Protection Fund Act."
V. License to use and reproduce documents and other works:
By acceptance of this Agreement, Contractor transfers to the Department a nonexclusive license to use,
reproduce in any medium, and distribute any work prepared for or in connection with the Project, including
but not limited to reports, maps, designs, plans, analysis, and documents regardless of the medium in which
they are originally produced. Contractor warrants to the Department that it has sufficient title or interest in
'such works to license pursuant to this Agreement Such warranty shall survive the termination of this
agreement Contractor agrees to provide the original of each such work, or a copy thereof which is.
acceptable to the Department, to the Department before payments shall be made .under this Agreement.
VI. Contractors htsurance Reauirements'
A. Prior to the commencement of the Work, the Contrlictor shall file with the Department of State, Division
ofCoastaI Resources, Certificates ofhtsurance evidenoing compliance with all ~ts contained .
in this Agreement. Such Certifioate shall be of fonn and Substanoe acceptable to the Department.
B. Aoceptance andlorapproVal by the Department does not and shall not be construed to. relieve Contractor
of any obligations, responsibilities or liabilities under the A8reement.
C. All insUl)lllce required by the Agreementshall be obtained at the sole oost and expense of the Contractor;
shall be maintained With insurance camers licensed to do business in New Yarlc State; shaII be priinary
. and non~tributing to anyinsuranoe or self insurance maintllined by the Department; shall be endorsed
to provide written' tiotice be given to the Department, at least thirty (30) days pri\lI' to the cancellation,
non-reneWlll, or material alteration of such Policies, which notice, evidenced byreturnreoeipt ofUnited
States Cectified Mail whioh shall be sent.to New York State Department of State, 41 State Street,
Albany, New York 1;li3I.:oo01; and shall11lm1ethePeopleoflhe State of New Yorlcand lheirdirecton
officers, agents, and 'employees as additional ~ theCeunder.
D. The Contractor shall be solely responsible for the payment of all deductl'bles to which such policies are .
miliject .
E: Each insurance camer must be rated at least "A" Class "VII" in the most recently published Best's
Ins1ininceReport. if, during the term of the policy, a oarrier's iating falls below "A Class "VlI", the
insuranoe must be replaced no tater than the renewal date of the policy with an ~ acceptable to the
Department and rated at least <<A" Class "vn" in the most recently. pubUshed Bests Insurance Report.
F. The Contraotor shall cause aU insurance to be in full force and effect as of the dateoftbis Agreement
lI11d to remain in full force and effect thrOughout the term of this Agreement lI11d as futther required by
this Agreement. The Contraotor shall not take anyaotion, or omit to take anraction that would sllSJlCttd
or invalidate any.ofthe required coverages during the period of time such coverages are required to be
in effect. .
G. Not less than thirty (30) .days pri\lI' to.theexpiratioit date or renewal date, the ContraQtofshall supply the
Department updated replaoement Certificates ofJnsuranoe,.apct amendatory endorsements.
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H. Unless the Contractor self-insured, Contractor shall, throughout the term of the Agreement or as
'otherwise required by this Agreement, obtain and maintain in full force and effect the following
insurance with limits not less than those described belowlind as required by the terms of this Agreeme~t,
or as required by law, whichever is greater (limits may be provided through a combination of primary
and umbrella/excess policies). Where Contractor is self-insured, Contractor shall proVide suitable
evidence of such to the Department relating to the risks and coverage amounts as provided hereunder.
I. Comprehensive Liability msurance with a limit of not less than $ 1,000,000 each occurrence. Such
liability shall be written on the Insurance Service Office's (ISO) occurrence fonn CG 00 01, or a
substitute form providing equivalent coverages and shall cover liability arising from premises
operations, independent contractors, products-completed operations, broad form property damage,
personal & advertising injury, owners & contractors protective; cross liability coverage, liability
assumed in a contract (including the tort liability of another assumed in a contract) and explosion,
collapse & underground coverage.
a. If such insurance contains an aggregate limit, it shall apply separately to this location.
b. Products and Completed Operations coverage shall include a provision thatcoverago will extend
for a period of at least twelve (12) months from the date of final completion and, acceptance by
the owner of all of Contractors Work.
2. Where the Project described in Appendix D includes the construction of any structur~ or building,
a Builder's Risk Policy until the Project is completed and acCepted in the1l1UOunt of the total project
cost.
3. Workers Compensation, Employers Liability, and DisabilityBeneflts ast'equiredbyNew YoixState. '
Workers Compensation Policy shall include the U.S. Longshore & Hlirbor WorIrers' Compensation
Act endOrsement.
'4~ Co1ilprehensive Automobile Liability Insurance with a linait of 1I.ot less tlum $1,000,000 each
, accident. Such insurance shall cover liability arising out ofany automobile inoluding owned, leased,
hired and non owned automobiles.
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5. COmmercial Property InsuranCe covering at a minimnm, the perils inwred underlhe ISO Special
Clauses of Loss Form (CP 10 30), or a substitute form prQvi<ling equivalent 4lOyetages,for loss or
,damage to any owned,bolTowed, leased or rented e8pital equipment, tOols. incl\!dingtcols of their
agmts and employees, staging towers and forms, abd ptOperty ofD08 held In their care, custody
and/or control.
6. An Owner's Protective Liability Policy with linaits no less th.an$1,000,000 in the name of the
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, L The Contractor shall requrre that any subcontractors hired, carry insurance with the same limits and
provisions provided herein.
J. Professional consultants retained by the Contractor inCODllCOtion with lhe Project shaIIshow evidence
of professional liability insurance With limits no less than $1 million.
vn. Prope{tv
A. Pursuant to the provisions set forth in Seotion V,page 3 ofthlsAsrcentent, theownersblpofal1~ '
desoribed therein shaII rtsidewith the Contractor unless otherwise speoitled in writing by the
Department at any time during the term of this Agreer:nentand up to thlrty (30) days following the
issuance of the final payment. '
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B. Contractor warrants that it has fee simple or such other estate or interest in the site of the Project, where
the Project is undertaken at a site, including easements and lor rights -of-way sufficient to tSSure
undisturbed use and possession for the purposes of construction and operation for the estimated life of
the Project. Contractor further acknowledges that where such Project is undertaken 011, or involves the
use ofIands for active or passive recreationiu use, it is a material term. oflhis Agreementthat such lands
shall be available for such recreational use' by the People of the.State of New York. AdditionaIly,
Contractor shall not limit access or discriminate on the operation of the facilities against any person on
the basis of place of residence, race, creed, color, national origin, sex, age, disability or marital status.
vm. DatelI'ime WaITantY
A. Contractor wmants that Product(s) furnished pursuant to this Contract shall, when used in accordance
with the 'Product documentation, be able to accurately process date/time data (including, but not limited
to, calculating, comparing, and sequencing) tninsitions, 'including leap year calculations. Where a
Contractor proposes or an acquisition requires that specific Products must Perform as a package or
system, this warranty shall apply to the Products asa system.
B. Where Contractor is providing ongoing services, including but not limited to: i) col1llulting, integration,
code or data conversion, Ii) maintenance orsupport services,lii) data entry or processing, or iv) contract
adininistrationservices (e.g. billing, invoicing,claimprocessing), Contractor warrants thiltservicesshall
be provided in an accurate and tim!:ly manner without interruption, fiUlure or error due to the inaccuracy
of Contractor's business operations in processing date1tlrne data (including, but not limited to,
calculating, comparing, and sequencing) various date!time transitions, including leap year calculations.
ContraCtor sballbe responsible for damag~ resulting frooi. any delays, errors or untimely perfonnance
resulting there from, including but not limited to the failure or untimely performanCe of suoh SCI:Vices.
C. This Date/I'ime Warranty shaUBUrvive beyond termiJi8tion or ex,piration of this Contract through: a)
ninety (90) days or b) the Contractor's or Product manufacturer/developer's stated dateltime warrai:1ty
term, whichever is longer. Nothing in this WllITlUIty statement Ilha1I be construed to limit any rights or
remedies otherwise available under this Contract for breacli of warranty.
IX. ~
The Contractor may charge a reasonallle. fee for the use of any faoility whichls part of the project.
ABxoept for the imposition of a differential fee schedule for non-residents of the municipality in which
the proj ectis located, the establishment of anypreferential mer fee for anyperson or entitylsprolnoited.
Fees charged to non-residents shaIllJot exceed twice those charged to residents.
B. . Where there is no oharge for residents but a fee is ohargCd to non.residents, non-resident fees cannot
exceed fees charged for residents at comparable Staie or local public facilities:
C. Reservation, membership or annualpennit systems available to residents must ~so be available to non- .
residents and the period of availability must be the same for both residents and non-residents.
D. This provision does nol apply to non-residents fishing and hunting license fees.
X Alienation
Where the Project is undeJ;1aken on or involvesparklands; the following additional provisions apply:
A The Contractor shall not at any time sell or convey any facility!l1' anypor!ion of the Projectaoquired or
. developed purauant to this Agreement or convert such facility or any portl~ of the Project to other lhan .
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XI. Tenninations
A. In addition to any other '/lctions authoozed by this Agreement, the Department may terminate the
Agreement in the best interests of the State of New York by providing written notice to the Contractor
as provided in this Agreement.
B. The Contractor shall complete the project as set forth in this Agreement, and failure to render satisfactory .
progress or to complete the project to the satisfaction of the State may be deemed an abandonment of
the project and may cause the suspension or tennination of any obligation of the State. In the event the
Contractor should be deemed to have abandoned the project for any reason or cause othet than a national
emergency or an Act of God, all monic<s paid to the Contractor by the State and not eXPended in .
accordance with this A.greement shall be repaid to the State upon demand. If such monies are not repaid
within one year after such demand, the State Comptroller of the. State of New York may cause to be
withheld from any State assistance to which the Contractor would otherwise be entitled an amount eq~al
to the monies demanded.
C. In the event that the Department has provided written notice to pte Contractor directing that the
Contractor correct any failure.to comply with this Agreement, the Departrnentreserves the right to direct
that tile Contractor suspend all wOrk during a period of time to be detenninCd by the DePartment. If the.
. Contraotor does not correct such fiIilures during the period provided for in the notice, this Agreement
shall be deemed to be terminated after eXpiration of such time period. During any such.suspension, the
Contractor agrees not to incur any new obligations after receipt of the notice withoutapprovaI by the
Departrnent. .
xn. ,Subcontractinl!: Requirements
A. The Contraotor may SUlJcontract for all or any portion of the activities covered by this 'Agreement as
provided for in Appendix D, subject to prior written approval bY the Department of any subcontractor
and the terms of any subcontract. . .
XIII. Conlpliance with ProeW""""'t Reou;,.."".",ts
,
A All contracts bynumiGipalities forprofessional services, all contracts for constructioninvolvingnotmore
than $20,000 and all purchase contracts involving not more tb!lJl $10,000 are subject to the requirell1ents
of General Munillipal Law 1104-1>, which requires such contracts to comply with the procurement policies
and Proce<hJres of the municipality involved. All such contracts shall be ~ . and in
accord4nce with such municip8t procedures, subject.to any additional requirements imposed by the
STATBas set forth in Appendix D hereof: .
B. The Dwnlcipal attomey, chieflegalofficer or financial administrator of the CONTRAcroRsha11 certify
to the pepartment. of State that applicable public bidding prooedlll'!'8 of G.enera1Municipal Law i 103
. were followed for all construction coiliracts involving more than $20,000 and more than $I(},OOO for
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purchase .contracts. In the case ofcolistruction contracts involving not II;lOre than $20,000, purchase
contracts involving not .more than SIO,OOO. and contracts fOr professional services, the municipal
attorney, chieflegal officerorfinancial adminlstrator shall certlfythat the procedures of the municipality
estabUshed p.ursuant to General Municipal Law ~ 104-b were fully compiled with.
XIV. Reauirements for Con~f G~ Products (2101)
. AGENBRAL MAP PRODUcr REQUlRBMBNTS -The following general ~graphic requlroments
. muSt be adhered to by tho GontraotOr:
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I. Map Products - The Division requires delivet)' of digital lIiap products. unless otherwise specified
in the Request forProposai (RFP), that meet the specifications outlined in this GBNBML MAP
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attorney, chiefJegal officer or fmancial administrator shaH cemfy that the procedures of the municipality
established pursuant to General Municipal Law ~ 104-b were fuIly complied with,
XIV.
Reauirements for Contract GIS Products (2/04)
A' GENERAL MAP PRODUCT REQUIREMENTS - The foIlowing general cartographic requirements
must be adhered to by the Contractor: .
I. Map Products -- The Division requires delivery of digital map products, unl!.'ss otherwise specified
in the Request for Proposal (RFP); that meet the specifications outlined in this GENERAL MAP
PRODUCT REQUIREMENTS section and theADDmONAL DIGITAL CARTOGRAPmc FILE
REQUIREMENTS section. ' If analog mill' products are required by 'theRFP, they must meet
specifications outlin~ in this GENERAL MAP PRODUCT REQUIREMENTS section and the '
ADDITIONAL DIGITAL-READY MAP PRODUCT REQtiJ:REMENTs section.
2. D,eliverableFormat ~ All digital map and attribute tablefilell must be provided in Maplnfo Tab file
format on Recordable CD or DVD. 3.5" floppy diskette media, external hard drive, via e-mail
attachment (preferably in a WinZIP flIe) or downlol\dable from an ftp site on the Internet.
Alternatively, tlj.e digital products may be provided in Amlnfo/GIS export format (.COO) or AmView.
shape file format on the same media types upon approval of the Division. All other digital tbnnats
require prior approval of the Divi.!lion; Coordination with the Division prior to submission of digital
media'is required to e,nsure compatJ.oility of the delivered materials.
3. Documentation - A data dictionary must be included along with the map files descnoing file
contents mid file names, as well as metadata for e.ach file including map projection, horizontal and
vertical datums used, coordinate system, RMS accuracy and log sheet, information sources and
, dates, the map maker 'and date' of prepBration, and creation methodology. Data prOvided IUlder
federal fund\! must be provided in a manner which meets Digital Geospatial Federal Geographic Data
' cOmmittee MetacJats StandardasexecutedbyExecutiveOrderI2906,Aprilll,1994. "Coordinating
Geographic Data Acql!isition and ACcess: the National SPatwData Infrastructure".
4. Map Accurac~ - Unless oth~ ststCrl in the RFP, all dcliverljble map prOducts mustconf~ to
National Map Accuracy Standards for horizonta1 and vertical acclU'llCyas eatablished by the trnited
, States. Bureau of the Budget, lune 10. 1941; revised lune 17. 1,947. For example,for maps at.
1:20.000 or smalIer;not more thl!ll,lO"A of the well-defined map points tested must be more than
,1150 inch (0.508 mm) out of correct position. At 1:24,000; this tolerance translates 10 a required
horiZontal accuracy of 40 feet IfbyprlOf agi-eement With the Division the map product does not
conform to National Map Accuracy Standards, then a,statement ofactua1 map acclU'llCY should be
included in the Documentationabove. ~ermore.hydrographicsurvoys andmapsshonldeont'onn
to recommended accuracy staridard proposed in the joint USGS. NOS. Coastal MaI'VInIl H@I1dbook
1918, Melvin ElIis editor. U.s.,Govenunent PrInting Office, Appendix 6.
S. Datums - Unless otherwise specified in theRFP. all map products should bereferenced to the North
American Horizontal Datum of 1983 (NAD83) and the National Geodetic VertiOl!I Datum of 1988
(NGVD88). '
,B. ADDmONAL DIGITAL CARTOGRAPmCFILEREQUlREMENTS_ The foilowingcartograpWc
cOnstruction requirements must be adhered tp by the Contraotor:
I. Edg!l-matching - All map sheets must be both visually ~ coordinate edge-matched with adjacent
map sheets. Nq edge-matoh tolerance will be allowed. Attributes for spIltable featutes must also
be identical.
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. 2. Common Boundaries -- A.ll features that share a common boundary, regardless of 11I!lP layer, must.
have exactly the same coordinate position of that feature in all conunoti layers.
3. Point Duplication -- No duplication of points that occur within a data string is pennitted.
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4.' Connectivity -- Where graphic elements visually meet, they must also digitally meet. All
confluences of line and polygon data must be exact; "overshoots", "widershoots", "slivers", or
"offshoots" are NOT pennitted.
. 5. Line Quality -- A high quality cartographic appearance must be achieved. Trlll)sitions from straight
lines to curvilinear elements must be smooth, with angwar inflections at the point of intersection.'
The.digital representation must not <(ontain extraneous data at a non visible level. There should be
. no jags, hooks, or zero length segments. Any lines that are straight, or should be straight, should be
digitized using only two points that represent the beginning and ending points of the line.
6. Polygon Closure -- For area features being digitized, the last coordinate pair must be exactly
(mathematically) equal to the flfSt coordinate pair. No liI\e or polygon must cross itself except to
c join at an actualoonfluence. All digitized features across map boundaries must be edited to effect
smooth and -continuous lines. _
-7. . Graphic Precision -- Positional coordinates for all digital graphic elements should not be repol1:eji
to a level of precision greater tlian one thousaildth (.OQ 1) of a foot. .
8. Digitizer Accuracy - The required RMS error for digitizer accuracy must be 0.003 or better for
' digital map registration. .
c. ADDmONALDIGITAL-READYMAPPRODUCf.I.rnQUIREMENTs_ The followjngrequirements
for.larie scale, non-digita\ map products DIlISt be followed to facilitate the future. conversion of the maps
to digital niap products. All large forniat, nortcdigital map products must be provided on stable base
material at a seale stipulatedin the RFP. The map productll DIlISt include an index map to all map sheets
and thorough descriptions of all the. cartographic elementll portrayed on the maps.
I. Base Map Media -- All maps'must be created on mylar or other .stable base material.
2. MaP Scale -- All maps of a Similar series should be created 1,ISlng the. ~ base scale. Unless
. otherWise stated by the Division, all maPs should be compiled at 1:24,000. If other map scales are
approved by the Division, where possible they will conform to standard map scales suoh as 1 :9600;
1:50,000; 1:75,000; or 1:100,000.
3; Map Registration -- The maps must pr9vide a minimum offour (4) comer and four (4) in~ortiob
tied to USGSINYSDOT quadrllngle LatlLong or NY'IM coordinates. . The mlips- must be
geometrically correct and should register. when overlaid on the appropriate USGSINYSDOT
quadrangle oontrolticks. .
4. Map Title and Legend -- The maps DIlISt provide a title and legend block describing the information
contained on the maps, and inoluding the Docuinentation and Datums infotmation requested in the
GENERAL MAP PRODUCT REQtmulMBNTS above and the map scale.
5. c8rt0graphic Quality - The quality of all map line work and symbolization must conform to items
1 - 6 in the map criteria set forth in the ADDmONAL DIGITAL CARTOGRAPmCFILB
RBQtJIREMBNrs section outlined aboVe.
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D. CONTRACTDATABASESTANDARDS
1. Delivery Media - All database and tabular files must be provided on digital media as specified
above in Deliverable Fonnat.
2, Software Format - Database and tabular files can be provided in Corel Quattro, Microsoft Excel or
Microsoft Access format. Other formats that are convertible to one of the aforementioned fonnats
may be used with prior approval oftheDivision.
3. Geographic Attributes - Database and tabular files thitcontain elements with a geographic reference
must provide a corresponding data field and a geographic coordinate pair for each feature location.
Xy Pavment and Records Retention
A. Payments shall be made as set forth in Appendix C.
B. The Contractor shall maintain, at its principal place of business, detailed books and accounting records.
supported by original documentation relating to the mcUlTing of all expenditures, as well as payments
made pursuant to this Agreement. The ContractOr shall make SUch recorda available for review by the
Department upon request at any time. The Department shall have the right to conduct progress
assessments and review books and records as necessary. The Departm~t shall have the right to conduct
an on-site review of the Project and/or books and records of the Cont:raptor prior to, and for areasonable
time following; issuance oftheJ;l'lNAL payment., The Dep~t iihall'be entitled to disallow any cost
or expense, alld/or tenninate or suspend this Agreement, if the Contraotor bas misrepresented any
expenditures or Project activities in its application to the Department, or in this Agreement, Of in any
progress reportS or payment requests made pursuant hereto. ,1he Contractor sbail rrui1'lmm such boob
and accounting records in a mann~ so that reportS, can be prodQCed therefrom in accordanQe with
generally acoeptedaceounting principles. The Contractor shall maintain separate fiscal boob lIl'1d
records for all funds received through the Departlitent pursuant ,to this Agreement.
C. During the tenn of this Agreement aild for a period of sixyearsaftcr its tennination, the Contractor shall
make all such boob and records aVailable to the Department and the Officc of the State Comptroller,
or their designated representatives, for inspOOtion and audit.
XVI. Equal Emnlovment Oonortunity
I
The Contractor hereby assures that it is, and shall be for the duration ~ofthis Agreement, in complianeewith
the Federal Equal Employment Opportunity Act of 1972 (Publlc Law 92-261), as amended.
xvn. Article IS-A of The New York State Executive Law
The Department of State administers aMinorityand Women.,ownedBusiness Enterprises <MWall)Program
I asmandated by Article IS-A of the New York State Exec!1live Law. This law supersedes anyothcrprovision
in state law authorizing or requiring an equal employment opportunity program or a program for securing
participation .by minority andwomen.,ownedbusiness enterprisCs. Under this law, aU state agencies inu8t,
.subject to certain exceptions, establlshgoals forminority and women.,ownedbU8iness Partioipation inccrtain
statll contracts and grants. Where MWBB goals arc required, IlVlll1 in circumstanoes where ~s goal is Zero,
a OuartmvContrantor Rcnort is reqi.iircd (0 be submitted to lhCl.Minority and W omcn-owned BUsiness
Program of the Department on forms provided by the Dep8tln1cnt. '
Article I S-A requires, that rules and regulations be eBtabilshed for OOl;1tractsentered into by the Department.
In aeoordancc with Article IS-A, goals must be set for contracts entered into by the Department in excess
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of$25,OOO for labor, services, supplies, equipment, and materials, or any combination of the foregoing, and
for contracts entered into by the Department in excess of$1 00,000 for acquisition, COllStruction, dem01ition,
replacement, major repair, renovation ,or improvement of relil property. In applying these rules and
regulations, the Department must consider the availability of certified minority and wornen-owned businesses
in the region in which the state contract will be performed, the total dollar value of the contract, the scope
of work to be performed; and the project size and term.
The contractor will, when required as a part of the bid or proposal, submit a Staffinll Plan on the form
provided by the Department. This Plan will detail the work force anticipated in the performance of the state
contract, reported by ethnic background, gender, and Federal Occupational Categories,
After a bid opening and prior to the award of a state contract, the contractor will submit an Eq1.lal
Eml1lovrnent OP110rtunity mEa) Policv statement to the Department within the time frame established by
the Department. The law requires that, as a precondition to entering into a valid and binding state contract,
the contractor will agree to the following stipulations and will include them in the EEO PolicvStatement:
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- The contractor will not discriminate against any employee or applicant for employment because
of race, creed, color, national origin, sex, age, disability or marital statUs.
.. The contractor Will undertake or continue existing prognims of-affirmative action to ensure that
minority group members and women are afforded equal employment opportunities without
. discrimination because of race,creCd,. color, national.Origin, .sex, age, disability .or lnarital status.
For these purposes, affirmative action applies in areas of reetuitment, employment, job assignment,.
promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of
compensation. . .
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- The COl1tractor will make active and conscientious efforts to employ and. to utilize minority groiJp
. membeJ:S and women at all levels and in all segments. of its work foreeon state contracts, and the
contractor will document these effoJ;1S. .
- . The contractor will state in all solioitations and advertisements for employees that, in the
performance ~f the state cOntract, all qualified applicants Will be afforded equal employment
opportunities without dil;crirnination. becaus.e of race, creed, color, national origin; sex, age,
disability or marital status.
-The contractor will, at the reqUCllt of the Department, request each employment agency, llibor
union, or authorized representative of workers with which it has a collective bargaining or other
agreCment or understanding, to fumlsh a written statement that iluch employment' agency, labor
union, orrepre$entative will not diserlminate because of race. creed, color, national origin, sex, age;
disability or marital.tatus, and that suoh union or representative will affirmatively coOperate in the
implementation of the contractor's obligations hetein. .
-Thecontractor will include the provisions regarding the BEO Policv StJltP.""""t and the Staffi1\(!'
fW1 enumerated above in each and every sllbcontract of Ii stlIte contract in such a manner that the
sllboontraOtor 'is bound by these requirements. .
- Failure toprovideanEEO Policy Statement and . Staffinll Plan without reasonable written
juStifiCation or ~mmibnentto provide thesC requii'ernCnts byaspecified date wiUresu1t in rejection ,
of the conlrliotor's bid or proposal. .
- Afrec the award of a state con~ the contractor will submit to the Department a: Workf~
. RmnIOVltWlt UtilizatiOl/ Re>>ort. on the form supplied by thO Department, dotai11ng the work force
aotua11y utilized on the state contract, by etbniobaokgrolDld, gender and Federal OcCupational
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Categories; as specified on the fonn. This Report will be submitted to the Department on a quarterly
basis throughout the life of the contract.
· The contractor, and any of its subcontractors, may be required to submit compliance reports
relating to their 'operations and implementation of their affirmative action or equal employment
opportunity program in effect as of the date the state contract is executed.
Questions regarding this program should be directed to the Department's Minority and Women-owned
Business Program by calling (518) 474-5741. Potential contractors can access the NXS Directorvof
Certified Minority and Women-owned Business Enternrises on-line through the Empire State Development
~bsite at: htto:/Iwww.empire.state.nv.us. double click (left column) oD: NY <;1 BIZ (Doing Business inNew
York); put the curser over: Small and Growing Business and, frQm that menu, click on: Minority and
Women-Owned Business. From the center column, highlighted in blue, click on the bullet: "Search the
Directory of Certified ,Minority- apd W omen-Owned Business Enterprises."
The Department makes no representation with respect to the availability or capability of any business
listed in the Directory. .
XVDI. Notice of Public Prllceedinirs
The Contractor agrees to provide the Dep,artment with prompt and timely written notice at least two
,weeks in advance of all public proceedings, including, but not limited to; public meetings or heiuings,
relating to the Project. '
XlX. Submission of all correspondence and doclltt;j""f:ation
A. The Contractor agrees to provide the Departmentwith original and two copies of aIldocutnentation
relating to this Project, including, but not limited to: notices of publio meetings, products descn'bed
in Appendix D, and payment request documentation as described in Appendix C.
B. All information as described in A. above shall include the NYS Comptroller's # as indioated on the
'Face Page of this Agreement. '
xx. ' Environmental Review
A Contractor agrees to provide the Department, in a timely manner, with all docnmentation,inoluding
but not limited to, permit awlications, environmental assessments, designs,plans, sl\ldies,
environmental impact statements, findings, and determinations, relating to the Project.
B. Contractor acknowledges that compliance with the State Environmental Quality Review Act is a
material tenn and condition of this A,gt'eemetit. In no event shall any payments be made'under this
Agreement until, Contractor has provided Department with appropriate doownentation that coqtractor
has met any requirements imposed on Contractor by the State En~nmental QUality Review Act.
XXI. Fullv-Execut...d Al!l'eement or Aniendment Thereto
A. If this Agreement or amendments thereto, a1loca~ funds to'taling $15,000 or less, it shall be deemed
to be fully executed when approved and signed by the Contraotor and the Department.
B. If this Agreement, orBmendmen~ thereto; allocates funds to(a\ing more than $15,000,' it shall be
" deemed to be full executed when approved by the Office of the State ComptrOlIer.
~ .
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FINAL PROJECT SUMMARY REpORT
AI, Attachment I
Final payment of the grant is dependent upon the satisfactory completion and acceptance by the Department of State,
Dwislon orCoas/a! Resources oflhis FlNALPROJECfSUMMARY REPoRT along with the requisite documentation. In
addition to the other requirements of the contract, the g\'Ilnt recipient is resnonsible. to relav the inmortllnce. the sil!l1ificanco
and the value of the comoleted Dfoiectto the community. the rellion and the state through the completion of the report.
The following outline should be used to complete the PiNAL PROJECf SUMMARY REPORT:
1. Project Title:
2. Name of Municipality:
3. Actual Project Costs:
s. State funds expended (identity source, ego EPF, l;lean Waterl Clean Air
Bond Act, etc.):
b. Local funds expended:
c. Other funds expended:
4. Project Manager: Name:
Title:
Mailing address:
Tel number:
Fax number:
. E-mail address:
( )
( )
5. Fedenl Tax Identification Number:
6., Project Background (briefly explain in a short paragraph,why this p'roject was necessary, what its value is and/or its
impottance to the community):
7. Project Work (briefly descnbe the.work that waS done to complete the project):
8. Project Descriptions (use the following guidelines 10' ~ the project and please be concise in the desoription):
' a. For a Planning Project describe the findings or recommended strategies.
b. For a Design Project describe what is to be built
c. For a Construction Project describe what was built
9. Project Measwable Rllsu.Its: To be completed on fonDS qttiwhett
1 O.l'roJect Documentation: The Department of Slate, Dtvisfon ojCoastal Ruources reqiuros a viaua1 dOClllDentalion of
the Ilu.viron""",ta I Pro1ection Fund projects. Project products should be visually doc:;:~ using a 3Smm Cl\IIICla
or a digital camera. The 3Smm color .Iitles AntllOr dlrital """""'" dise should be la~!._ . fNl whoa 11Ibml1ted
al9ug with the completed F1NALPROIECTS!JMMAR.Y REPoRT.
VlBUa!s should illustn,te the f'mal project pi:oduct an<!, as appropriate, activities undertaken 10 oomplete the project. lJ.or
example, IOQIe projects, would call for ;visuals that iI1c1ude pholographs of volunteers participating In a wcdand
restoration project (planting Spartlli.a);pholographs of hIstotical./gns markers, !darb, etc. being placed; or photographs
ofm utlst's rendering of a waterfront dCll/gn .
D~ planDing, and conslru.ction projects call for dJtrerent visual docuinentation. Therefore, the fonowing guidelines
sre BIIQe8ted:
· For dcs1gn projects, visuals of renderingsand/or grap~lhat depict tho final product
· Forplannlng projects, viaua1s of any graphics, where appropriate, d1at lIlustrale tho fina1 product
· For CODBtruction projects, visuals ofwode In progress and the finished project '
In Idditlon to the 3Smm color .lidesldigieal c:amm disc, a video (vhs fOlDlllt) of tho project wilh s verbaldesoriptlon is
deelnlblo but not tnAntl.tuQ'. The video may be liBed In a futuro documentary.
. .
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AI, Altac1nnent 2
NYS Department of State '. Minority and Women-owned BUsiness Enterprises Program
41 State Street Albany NY 12231-0001 . (518) 474- 5741
'.
Minority and Women-owned, Business Enterprises (MWBE) Program
Quarterly Contractor Report
-
INSTRUCTIONS:
1. Please prepare reports based on calendar quarters, or prepare one annual report.
2. Use a separate Report sheet for each contract or program area
3. Record the amount paid for each service/product for the time period identified below.
4. Semd completed reports to the Minority and Women-owned Business Enterprises Program at the above address.
REPORT PERIOD
Report should cover a calendar quarter OR the program year. FROM: TO:
Enter the inclusive dates of the quarter or for the program year. ;r- ;r ;r .
.
CONTRACTOR NAME PROGRAM DOS CONTRAOT NUMBER
.
CONTRACTOR ADDRESS . SOM"" Area of Contract lI(orlc '
( )
NAME and miE of CONTAOT PERSON (Pleaso Print) TELEPHONE NUMBER
TYPE of DESCRIPTION of AMOUNT PAID
VENDOR NAME and ADDRESS VENDOR SERVICElPRODUCT THIS PERIOD COMMENTS
o MBE $
o WBE
. o MBE -
o WBE
o MSl:
D,WBE ,-
o MBE ,
o WBE , .
o MBE
o WBE
o MBE
OWBE
o MBE
oWBE
OMBE
, " OWBE .
o MBE
o WBE
, .
PAGE 1 of'
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"
Al - Attachment 3
tONTRACfOR:
Agreement #
PROJECT STATUS
As of
(Submit semi-annually and wIth each payment request.)
7!W!;
#
M
Date of
Completion
Percent of
Comoletion
Products/ Accomplishntents
Please IiO~ problems enoolUltered, proptise4adjustment(s) to work Program/schedule, and reason(s) for
proposed adjustment(s):
Please pro~ide d1e folloWing info11lliltion:
Name of 0ClI1ta0t .Person:
Emal1 Ackhss:
Phone Number: .
FIX Number:'
.'
Appendix B
BUDGET SUMMARY
A. Salaries & Wages (including Fringe Benefits) $ $10,000..00
B. Travel $ $1;500.00
C. Supplies/Materials $ $0.00
D. Equipment $ $0.00 .
E. Contractual Services $ $138,500.00
F. Other $ $0.00
/
TOTAL PROJECT COST $ . $150,000.00
Total State Funds (50 % of Total) $ $75,000.00
Total Local Share (50% of Total) $ $75,000.00
. '
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B-2
Appendix B (Budget Detail Sheet)
A. SALARIES & WAGES
TITLE ANNUAL AMOUNT CHARGED
SALARY TO THIS PROJECT
Public Works Director $82,446.00 $7,500.00
Town GIS Coordinator $60,227.00 $2,500.00
SUBTOTAL $ 10,000.00
B. TRAVEL
Travel to Project Meetings (meals, tolls & mileage) - $618
Travel to DOS LI Conference (registration, lodging, meals & mileage) - $882
'.
SUBTOTAL $ 1,500.00
I C. =PLffiSfldA~
I
SUBTOTAL $ 0.00
I D EQUlPMEm
i
SUBTOTAL $ 0,00
E. CONfRACIUAL SERVICES
GIS Natural Resourc.es Inventory Database - $37,000
Creation of a Bay Scallop Spawner Sanctuary - $101,500
SUBTOTAL $138,500.00
I F OrnER
I
SUBTOTAL $ 0.00
.,
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APPENDIX C
Payment and Reporting Schedule
XXII. Pavment Schedule
A. The Department shall make interim payments for eligible costs incUlTed up to an amount not to exceed
90% of the State Funds Requested. The final payment will be ~ade upon satisfac~ory completion of the
Project.
B, Not more frequently than once every 30 days, a properly executed payment request, on forms as
prescribed by the DePllliment, and required work products docwnenting completion of one or more of the
tasks set forth in Appendix D, Program Workplan, and total project costs incUlTlld to date, may be
submitted.
I. Payment provided above shall be made to the Contractor upon the submission by the Contractor of
properly ~xecuted payment request. Such request shall contain the following: (1) "Sunnnaiy Sheet
Documentation Forms" as provided by the Department, for reimbursement of actual and eligible
expenditUres, (2) the required D!ltail Study, and (3) a properly executed State Voucher.
2. Payment requests will be reviewed in accordance with the terms and cOnc\itlons of this Agreement to
detennine total allowable project costs incurred and the numl1er and perCentage of allowable project
. tasks completed to date. For the purpose of determining the level of reimbursement, otherwise
allowable project costs may be reduced ifthe.perceniage of task completion is deemed insufficient
. ..
J. . Total allowable project costs, adjusted pursuant to 2. above, will be prorated between State Funds .
and Local Share costs in the same proportions as Total State Funds is to Total Local Shaie as set
forth on the Face Page.
4. Interim payments will be issued in amounts equal to the State Funds calculated in 3. abo:ve, less all
previous payments to date.
S - The tinaI payment will be issued upon teceipt and approval .of a paYDlent request IlIlI1bd "FINAL"
docwnenting all project costs incurred and tasks completed and submission of the Fin8I Project
Summary Report and Measurable Results F9l'DlS. Such final payment req~ shall be submitted
within 60 days following the ending da~ of this Agreement.
n. . Reoortifll1
A. Payment requests as described in LB. abo~ ilhaII be certified by a duly authorized tepresentative of the
'Contractor as aceurately representihg such accomplishments and expenses as recorded in the Contractor's
accounting records, including, where goods or services are provided bY.third parties not party to this
Agreement, a certification that any payinent obligations arising from the provision of such goods or
services have been paid by the Contractor and do not duplicate reimburaement or costs and services
received from.other sources. .
B. Notwithstanding the above requirements, upon written notification by the Department, the Contractor
may be required to submit source docwnentation and additional verification of allowable eJqlenditures.
.\ '<.
"
"
C-2
C. Payment requests shall be submitted to:
New York state Department of State
Contract Administration Unit ~ L WRP
- 41 State Street - lOth Floor
Albany, New York, 12231-0001
D. Claimed expenditures per cost category may not exceed the amounts indicated in the Budget, Appendix
B, by ten percent (10%) without approval of the Department, provided that the Total Project Cost as set
forth in Appendix B, Budget Summary is not exceeded. Any el'lpenditure in excess of such 10% or that
changes the State Share or Local Share funding amount shall require an amendment to the Project Budget
S\Ibmitted in writing by the Contractor and approved by the Department. No expenditures shall be
- allowed for items not set forth in the Project Budget without written approval of the Department
m.~
A. Notwithstanding the submission of timely and properly executed payment requests, the Department shall
be under no obligation to make payment for expenditures incurred without the prior Department
-approvals and/or amendments required'under this Agreement and, further, shall have the right to
" withhold any such payment pending the execution of such approval and/or amendment.
B. Interest income earned on funds received pursuant to this Agreement shall be used to finther the purpose
of this Project or shall be deducted from tonil eliglole cost to determine the net eliglole costs to be
reimbUrsed by the Department. -
C. ' TIle Department shall baV\l the right to ~ducton-site progtess assessments and reviewS of the Project
and Contractor's books and records during the life of this Agreement and for a reasonable tUne following
issuance of the FINAL payment The Contractor shan furnish proper facilities, where Dece8SlI1y or ~
useful, for such access and inspection.
D. The Department shall be entitled to disallow any cost' or expense, or terminate Or SUSpend this
Agreement, if found that the Contracl!n' has misrepresented any expenditures or project activities in this
Agreement, or in any progtess reports or payment~ IIIllde pursuant hereto. \
E. The Contractor shall maintain separate fiscal boob and fCcords for all funds received through the
Department and project activities cOnducted pursuant to this Agreement, and shall JIIllbl all suoh boob
and records available to the Department, the Office of the State Comptroller, or their designated
representatives for inspection and audit for a pC!jod of six Years following termination of this Agreement.
/
"
APPENDIX D
PROGRAM WORK PLAN
Contractor:
Program Contact Person:
Phone: (Office)
(Fax)
Town of Southold
James McMahon
(631)765-1283
(631) 765-9015
Implementation of the Town of Sonthold L WRP
1. Project Description
The Town of Southold has adopted a Local Waterfront Revitalization Program (L WRP) which has been
approved by the Secretary of State. As part of the L WRP, the Town recommended several key
information and action needs to improve the Town's ability to inventory and analyze shoreline impacts
and increase shellfish reproductive success. The Town proposes to undertake planning, inventory,
mapping and implementation components toward the development of a Geographic Information System
(GIS) - based Natural Resource Inventory Database (NRID), and to establish a bay scallop spawner
sanctuary. Each of these components impleinents recommendations of both the Long Island Sound
Coastal Management Program and the Peconic Estuary's Comprehensive Conservation and Management
Plan as well as the Town's LWRP. The completion of these tasks will improve the Town's ability to
plan, permit, and prioritize actions necessary to protect natural resources along the shoreline and
implement the policies of the Town's LWRP.
The Town has developed a partnership with the Cornell Cooperative Extension of Suffolk County to
complete work related to the implementation of the Town's LWRP under previousEnvrronmental
Protection Fund (EPF) awards. This partnership will be extended to cover the tasks associated with this
work plan.
2. Prl!lect Attribution and Number of CODles
The Contractor must ensure that all materials printed, constructed, and/or produced acknowledge the
contributions of the Division of Coastal Resources to the project. The materials must include the following
acknowledgment:
"This (document, report, map, etc.) W/lS preparedfor the New York State Department of State,
lJivision of Coastai Resources, withfunds provided under Title 11 of the Environmental Protection
Fund. "
the contributions of the Division of Coastal Resources must also be acknowledged in community press releases
issued for the project. Project press releases shall be submitted to the Department of State for review and
approval prior to release to ensure appropriate attribution.
The Contractor must submit to the Department of State three cODles of all written reports and supporting
graphics, fmal design documents, and other printed materials. .
3. Comnllance with Procurement Reoulrements
The municipal attorney, chief legal officer, or financial administrator for the Town of Southold shall certify to
the Department of State that applicable public bidding procedures of General Municipal Law ~ I 03 were followed
for all construction contracts involving more than $20,000 and more than $10,000 for purchase contracts. In the
" ,cr
"
case of construction contracts involving not more than $20,000, purchase contracts involving not more thiUl
$10,000, and contracts for professional serVices, the mWlicipal attorney, chieflegal officer, or financial
administrator shall certifY that the procedures of the mWlicipality established pursuant to General MWliClpal Law
~104-b were fully complied with,
D-2
4, Component Tasks
Task 1. Project seoplng meeting
The Town of Southold, the Department of State (DOS), and Cornell Cooperative Extension of Suffolk
County shall hold an initial meeting to review goals and targets, project requirements, work schedule,
,'existing infonnation and data, and the details of the DOS contract. Areas of the project where additional
consultant services may be required will be identified. Points in the project timelinewhere approval by
Deplp1ment of State, is required prior to commencement of additional tasks will be identified. The, '
!l1eetingwill also addreE(slocal responsibility for project oversight, inclUding compliance with the State
EnviroiJmentaI Quality Review Act (SEQRA); whether a steering COmmittee wi1\ be formed with local
st8keholders and government agencies; and the proposed project schedule. If a Steering Commi!tee is
' formed, its composition will be determined at this meeting. A brief meeting summary will be prepai-ed
by ilie Town or its consultant indicating the agreements/understsndings reached at the meeting.
Product:
SIIIDnIa1y ,of sceping meeting including responsibilities agreed to :;md proposed projec.t
sohedule.
Task 2: Con.ftdtantPtocurement Record
The Town Will provide DOS with a record of the aotions taken to prooure the preferred consultant,
,Cornell Cooperative Extension of Suffolk County. The municipal attorney, ohief legal officer Or ,
financial administrator of the municipality shall certifY in writing to the DOS that apPlicable provisions
ofGeneraI Munioipal Law were fully complied with,
Product:
Written oertification of oonsultant prooureinent Procedures.
TllSk3: 8abeontra~ preparation and execution
The Town of South old shall prepare a dra1huboontraot with Cornell Cooperative Extension (the
corisu1tant) to address 1asb of this contract. : The subcontract s\Jall contain a detailed work plan with
adequate opportunity to ,review stages in completion of the products, a payment sohedule (payments
' should be tied to the receipt of products idet1tified in ,the work plan), and a project cost. The draft
Suboontraotwill be submitted to the Dep~t of State for review and approval prior to Bnsl execution
by thO Town and Cornell Cooperative Extension. A copy of the fina1Subccintraot, incorporating the
Deparlnrent of Slate's connnents on the draft, will be provided to 'the Department of State. '
PrOdllct:
Draft COllllultlmt contract for review prior to execution, and executed consultant contract '
,inCOlporating DOS comments.
Task 4:
Community and Waterfront Revltallzatfon Conference Attendance
'.
The Town of South old will attend the Department of State's Community and Waterfront Revitalization
Confermoeon October 19, 2005. '
,Product:
Attendance at Community and Waterfront Revi(aiizatjon Conference.
,
I. I.
. ,
'.
Task 5:
D.3
Natural Resource Iuventory and Database data collection
The consultant will complete digital inventories and use the data to populate the Natural Resource
Inventory and Database (NRID) established by the Town. The inventory will buiid on and supplement
previously collected data including the Southold Creeks scenic inventory; the Town's existing GIS
database; previous mooring and shoreline data; and existing information from relevant sources. . All GIS
. data collected as part of this project shall be presented and stored in MapInfo format. fuventory work
. will build on the GIS assessment completed for the Town creeks under a previous EPF award, and focus
on the remaining Town shoreline.
The digital inventory to populate the NRID will include:
. Inventory of shoreline structures - digital photos of docks, bulkheads and other shoreline
structures extracted from digital videos and iinked to the correspondfug tax map lot;
. Inventory of all shoreline defense structures - ill shoreline- hardening structures such as
revetments, groins and bulkheads (including geotextile devices) will be mapped and linked to
the corresponding parcel and descriptive metadata including the length, ~, construction
material (i.e., metal, rock,. wood, plastic, etc.), and apparent visua1 condition;
. . Inventory of existing moorings - all moorings Will be mapped and linked to digital and aerial .
photos; .
. Navigatiowil channels - all previously and currently maintained navigational channels, and any
channel markers, buoys or beacons, will be maPPed and 1inked to aerial photos;
. &Igrass locations - all known eel8rass locations wit! be mapped and fucorporated; and .
. S4cllfish restoration areas - ill past and current shellfish seeding locations will be maPPed and
linked to aerial photos and descriptive metadata including ti:1e shellfish species, quantity and year
of last known seeding effort.
The Town will provide DOS with an electronic copy of all inventory data.
Product:
Digital invimtory data collected for all jIFellS of the Town shoreline outside of the
previously niapped creeks.. .
Task 6: NIUD presentation to Peeonlc Estuary Program and Long I$Iand Sound study
. The Town will prepare a Power Point presentation detailing theproccss, results, and utility of the
inventory and mappingofall Town coastal structures and features nndertaIren as part of tile NRID
P1'!JCess. The Town will provide a draft of the presentation to DOS for comment and review.. The Town
.will present the finaI presentation at a general meeting of thll Peconic Estuary Program and of the Long
Island Sonnd Study. The presentation will cmphasi7Al.how the data is being used for coasta1zone
management and consistency determinations as part of the Town's LWRP.
The Town will also prepare a summary of the NRID process, including costs, funding mechanisms,
details of the equipment used, and lessons learned.
Products:
Draft Power Point for DOS review, and final PowerPoint presentation incOrporating DOS
comments, presented .at one meeting of the Peconic Estuary Program and at one meeting
of the Long Island Sonnd Study. Submission ofa draflsummary of the Town 8horellne
mapping projCCl8 to DOS for review, and submission of three (3) copies of the finaI
summary inoorporating DOS comments.
"
c'
Task 7: Scallop spawner sanctuary Identification
D-4
Using information acquired as part of the NRID database and previously collected data, the Town will
identify at least two (2) locations appropriate for the establishment of bay scallop spawner sanctuaries.
The Town will prepare a summary of the conditions, available biological arid physical data for eaoh of .
the two (2) identified locations fDr review by DOS. The summary will include; at a minimUm, a IDeation.
map, cDordinates and aerial photograph .of the identified sites; existing data supporting the
recommendation of each llite iIioluding the presence, density and dimensiDns of eelgrass beds, previDus
shellfish harvest Dr seeding information, presence of predators; and physical characteristios including pH,
depth .of water, average water temperature (if known), distance to nearby eelgrass and known bay scallop
.harvest areas Dr eelgrass beds and spat cDllectors. .
The summary document will.alsD recDmmend the moat appropriate spawner sanctuary locatiDn, provide
justification fDr the final site selectiDn, and provide recommendatioris fDr the management Dr desigoation
.of spawner sanctuaries to disoourage recreational Dr cDmmercial harvesting .of spawning/broodstock
animals. The TDwn will include completed cDpies of any necessary permit applications for the
establishment .of the recDmmended spawner sanctuary with the summary report.
Products:
Identificatioti .of twO (2) potentiallocatious fDr bay ScallDP spaWner sanctuaries, and
SUOUIllIl:y document praviding physical and biolDgiCaiinfarmation for all sites,
applicati9DS for permits, recommendatiDn of sites, justification for tlna1 site selectian,
and recommendatians for spawner sanctuary management Submission Dfa draft
SUOUIllIl:y to DOS far review, and submission .of three (3) copies .of the final summalY'-
incorpomting DOS comments.
. Task 8: SCaDDp spawner sa..ctuary planting and field nDtes
The Tawn will d~ignatethe recommended spawner sanctuary site as a ''no-harvest zone" and plant a
minimum .of 75,000 adult scallaps at lhe site. The Tawn's oonsultant win prepare field nates ftom each
.of lhe planting events. including approximate number and size Dflhe scallops planted, water temperature,
pH, salinity, and time and date, and fulJy 40cument lhe planting events with phDtographsaf the scallops
and actual planting effarts. . . . .
. The Tawn' s consultant will submit copies .of lhe field nates and documentation 'phatographs at the
conc;lusion .of each planting event. .
PrDducts:
Designstian Dflhe recommended scallop spaWner sanctnsry prohibiting harwst, planting
.of 75,000 scallops at lhe recommended scallop spaWner sanctuary lfite, and submission
.of allneld nates and phatographs to DOS. .
Task 9: ScalI.op spawner sanctuary m.onlt.orlng .
The TDwn will undertake routine monitoring afthesoallop spawner sanctuary to determine the level .of
SUccess. The Tawn will place spat collectors in lhe antioipated path oflarval drift, document /he survival
and reproductive sUccess .of the spawner sanctuaries, and observed IarvallfCttIing on adjacent eelgrass .
beds.. .. .
The TDwn and its consultant will prepare and submit a SUlIIrlWy .of lhe monitoring prooess and resuJts to
Dos rorreview. . .
Products:
. Submission of a draft summary of lhe scallop spaWner lfanOtuaries monitoring to DOS
for review, and submission of dJree (3) copies .of die final summary inoorporattog DOS
comments. .
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D-S
Task 10: Scallop spawner sanctuary final report
The Town will prepare a final report that documents the process of the identification, selection, data
collection, planting and monitoring of the spawner sanctullly. The Town will draw information from the
site selection 8UtntnlIIy report, field notes, and monitoring sununllly.
Products:
Submission of a draft report of the scallop spawner sanctuaries project to DOS for
review, and submission of three (3) copies of the frnal report incorporating DOS
conunents.
Task 11: Semi-annual reporting
The Town or its consultsnt shall submit to the DOS semi-annual reports every six months on the' form
provided, including a description of the work accomplished, any problems encountered, and any
assistsnce needed. 'The report may be submitted as part of a payment request. '
Products:
Serni-annual reports during the life of the contract. (
Task 12: Project completion and MeasUrable Results
Upon completion of the project; the consultant shall submit a statement to the Town that the work has
been completed in accor~e with the Contract,and all permit ~ts, where applicable. The
con.suItsnt shall provide the municipality with all reports, analysis, data, GIS Iayers,lind products as
specified in this Vfork program. The Department of State shall concur that the work is cOmplete prior to
thetnunicipality paying the conaultsnt and/or submitting to the Department of State for final payment of
grant furids. The municipality shall Complete the Measurable Results form attached to this work program
and provide a copy to the Department of State. ,
Product: '
Completed Messurable Results form.
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APPENDIX X
Agency Code: 19000
Contract Period:
Contract No.: C006355
Funding for Period: $75,000.00
This is an AGREEMENT between 1HE STATE OF NEW YORK, acting by and through the New York State Department of
Stale, having its principal office at41 State Street, Albany, New York, 12231 (hereinafter referred to as the STATE), and
Town of Southold (hereinafter referred to as the CONTRACTOR), for modification of Contract Number C006355, as
amended above and in attached Appendice( s)
All other provisions of said AGREEMENT shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the dates appearing under their
signatures.
CONTRACTOR SIGNATURE
By:
By:
(print name)
(print name)
Title:
Title:
Date:
Dale:
State AlleIlcv Certification: "In addition to the acceptance of this contract, I also certify that original copies of this signature page will be
attached to all other exact copies of this contract"
State of New York
County of
)
)ss:
On this _ day of . 20-, before me personally came
to me known, who, being by me duly sworn, did depose and say that helshe/they
reside(sHn (if the place of resident is in a city,
fuclude die street and street number, if any, thereof); that helshe/they is(are) the (title of officer
or emploYee) of the (name of municipal corporation), descnoed in and which
executed. the above instrument; and that he/she/they signed his/her/their name(s) thereto by authority of the governing body of
said municipal corporation.
NOTARY PUBLIC
Approved:
Alan G. Hevesi
Comptroller
By:
Date: