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HomeMy WebLinkAboutSpawning Clams NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN in accordance with the provisions of Section 103 of the General Municipal Law that sealed bids will be received by the Supervisor of the Town of Southold, Suffolk County, New York, at the Supervisor's office, 16 South Street, Greenport, New York, until 2:00 P. M. on May 30, 1975, at which time they will be publicly opened and read aloud, to furnish and deliver to the Town of Southold 450 bushels of spawning clams in accordance with the specifications therefor on file in the Supervisor's office, 16 South Street, Greenport, New York. The Town Board of the Town of Southold reserves the right to reject any and all bids and to waive any defect or informality in any bid should it be deemed to be in the best interest of the Town of Southold. Said bids are also subject to the approval of the Department of Environmental Conservation of the State of New York. All bids must be submitted in duplicate, must be marked "Bid for Spawning Clams" and must be signed and sealed in envelopes plainly addressed to the Town Board of the Town of Southold, 16 South Street, Greenport, New York. Dated: May 22, 1975 ALBERT M. MARTOCCHIA SUPERVISOR TOWN OF SOUTHOLD f Tel. (617) 748-0130 HOWARD L. MALLOWES & Son, Inc. Wholesale Dealer in Clams .little-Necks a Specialty MARION, MASSACHUSETTS May 22, 1975 Town Board Town of Southold 16 South Street Greenport, New Yurk Bid for Spawning Clams: Chowder Clams will be $7.00 per bushel delivered. Dilivery will be at my convenience due to weather conditions. (/ EW1411le /11&mxee Howard L. Mallowes & Son, Inc. el1 h� �u 1 Tel. (617) 748-0130 HOWARD L. MALLOWES & Son, Inc. Wholesale Dealer in Clams .Cittle-Necks a Specialty MARION, MASSACHUSETTS May zz, 1975 Town Board Town of Southold 16 South Street Greenport, Vew Yark Bid for Spawning Clams: Chowder Clams will be 37.00 per bushel delivered. Dilivery will be at my convenience due to weather conditions. Howard L. Mallowes & Son, Inc. NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN�in accordance with the provisions of Section 103 of the General Muni- COUNTY OF SUFFOLK cipal Law that sealed bids will be STATE OF NEW YORK f received by the CFerpervtsor of the Town of Southold..S4"County, New York, at the Supervisor's office, 16 South Street,Greenport, New York,unti12:00p.m. on May Sherley Katz, being duly sworn, says that she is an 3-,0 975,at which time they will be Editor, of THE LONG ISLAND TRAVELER - MATTITUCK publicly opened and read aloud, to furnish and deliver to the Townof WATCHMAN, a public newspaper printed at Southold, Southold 450 bushels of spawning clams in accordance with the in Suffolk County, and that the notice of which the specifications therefor on file in the annexed is a printed copy, has been published in said Supervisor's gftipg, 16 South Street, Greenpbrt, New York. Long Island Trove ler-Mattituck Watchman once each The Town Board of the Town of Southold reserves the right to week for ..........................................:..................... weeks reject any and all bids and to waive any dcfectorinformality in any bid successively, commencing on the ..... ............................ should it be deemed to be in the best interest of the Town of day of ........�::.,...:::f................... 19.....::.4.. Southold.Said bids are also subject to the approval of the Department of Environmental Conservation of the State of New York. : C� .............................. ..................... ................... All bids must be submitted in duplicate, must be marked "Bid for Spawning Clams"and must be signed and scaled in envelopes plainly addressed to the Town Sworn to before me this ..... `. y of Board of the Town of Southold, 16 South Street. Greenport. Ncw .................vr!l.L �:CC(.:.., 19. York. Dated: May 22, 1975 ALBERT M.MARTOCC'HIA SUPERVISOR TOWNOFSOUTHOLD ITS/22 '�' Notary PuD11c XDITPI T_ 20K_N Pen:_, °lalc o! P-aw York G34< 9 `isl;. o 1 SPECIFICATIONS FOR BIDS FOR SPAWNING CLAMS TO BE SUPPLIED TO THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK F By these specifications, it is the intention of the Town of Southold to request bids for the furnishing to the Town of Southold of 450 bushels of spawning clams. Said clams shall be certified clams and shall be of the size of small chowder clams. Each bushel to be delivered shall have a minimum weight of 70 pounds. It is the intention of the Town of Southold to use said clams for propagation purposes within the waters of the Town of Southold and that the same will be distributed by the Town within the waters of the Town of Southold in accordance with and subject to the supervision of the New York State Department of Environmental Conservation. By reason of the foregoing, said clams must be acceptable to the said Department of Environmental. Conservation and all bids must be approved by said department. Said clams are to be delivered by the successful bidder to a place within the Town of Southold designated by the Supervisor of the 'Town and are to be delivered to the Town within the first two weeks of the month of June, 1975, on the date or dates specified by the Supervisor of the Town of Southold. The successful bidder will be paid for said clams after the delivery thereof to the Town and the presentation of a voucher to the Town which shall be audited and approved by the Town Board. Dated: May 22, 1975 f P I I SPECIFICATIONS FOR RIDS FOR SPAWNING CLAMS TO RE SUPPLIED TO THF. TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK By these specifications, it is the intention of the Town of Southold to request bids for the furnishing to the Town of Southold of 450 bushels of spawning clams. Said clams shall be certified clams and shall be of the size of small chowder clams. Each bushel to be delivered shall have a minimum weight of 70 poLinds. It is the intention of the 'Lown of Southold to use said clains for propagation purposes within the waters of the 'Gown of Southold and that the same will be distributed by the 'Town within the waters of the Town of Southold in accordance with and subject to the supervision of the New York State Department of Environmental Conservation. By reason of the foregoing, said clams must be acceptable to the said Department of Environmental Conservation and all bids must be approved by said department. Said clams are to be delivered by the successful bidder to a place within the Town of Southold designated by the Supervisor of the Town and are to be delivered to the Town within the first two weeks of the month of June, 1975, on the date or dates specified by the Supervisor of the Town of Southold. The successful bidder will be paid for said clams after the delivery thereof to the 'Town and the presentation of a voucher to the Town which shall be audited and approved by the Town Roard. Dated: May 22, 1975 SPECIFICATIONS FOR BIDS FOR SPAWNING CLAMS TO BE SUPPLIED TO THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK By these specifications, it is the intention of the 'Town of Southold to request bids for the furnishing to the Town of Southold of 450 bushels of spawning clams. Said clams shall be certif'�.ed clams and shall be of the size of small chowder clams. Each bushel. to be delivered shall have a minimum weight of 70 pounds. It is the intention of the Town of Southold to use said clams for propagation purposes within the waters of the Town of Southold and that the same will be distributed by the Town within the waters of the Town of Southold in accordance with and subject to the supervision of the New York State Department of Environmental Conservation. By reason of the foregoing, said clams must be acceptable to the said Department of Environmental Conservation and all bids must be approved by said department. Said clams are to be delivered by the successful bidder to a place within the Town of Southold designated by the Supervisor of the Town and are to be delivered to the Town within the first two weeks of the month of June, 1975, on the date or dates specified by the Supervisor of the Town of Southold. The successful bidder will be paid for said clams after the delivery t'.iereof to the Town and the presentation of a voucher to the Town which shall be audited and approved by the Town Board. Dated: 'May 22, 1975 SPECIFICATIONS FOR BIDS FOR SPAW\TING CLAMS TO BE SUPPLIED TO THE 'TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK By these specifications, it is the intention of the Town of Southold to request bids for the furnishing to the Town of Southold of 450 bushels of spawning clams. Said clams shall be certified clams and shall be of the size of small chowder clams. Each bushel to be delivered shall have a minimum weight of 70 pounds. It is the intention of the Town of Southold to use said clams for propagation purposes within the waters of the Town of Southold and that the same will be distributed by the Town within the waters of the Town of Southold in accordance with and subject to the supervision of the New York State Department of Environmental Conservation. By reason of the foregoing, said clams must be acceptable to the said Department of Environmental Conservation and all bids must be approved by said department. Said clams are to be delivered by the successful bidder to a place within the 'Town of Southold designated by the Supervisor of the Town and are to be delivered to the Town within the first two weeks of the month of June, 1975, on the date or dates specified by the 91 pervisor of the Town of Southold. The successful bidder will be paid for said clams after the delivery thereof to the Town and the presentation of a voucher to the Town which shall be audited and approved by the Town 1?oard. Dated: May 22, 1975 } �z�% �%'1cyL.% (S'�4'L.., � / LL L 72.."�"y�,-Gf' �✓CL2-'Zs.f�� q i 7 A. C. 92 Rev. 10/73 STATE OF NEW YORK - STANDARD VOUCHER Voucher No. _ 1 State Agency: 1 T'oun of Southold 2j Pay to: Dept Div. 3 Payee Reference Payee Name Tom of Southold Shellfish (UmH to $1 s"o.) Audit 6 Control VENDOR: See Instruction 111 3 on reverse. south N�e...�.�(L..n to ze So....) Use Only (Do not exceed 15 spaces.) 16 Wath s zvet 4 Payee-Entployer Identl9- $ Compptroller's Period Covered b Address y cation No. or Soo.Sec. No. Contract No. Contract Payment ILLnn to ze so..ao 11-6001939 --86046 %11.5/75— Address Greenport, 7.Y. 119 9115/75 (1-.n0t to 29 Sw...) City and NOTE: VENDOR MAY ATTACH INVOICE OR BILL IN DUPLICATE TO State (UrnPt to sn so....) ZIP Code THIS VOUCHER, SEE INSTRUCTION #7 ON REVERSE OF VOUCHER. 8 Cash Discount_--____%-------Days. Delivery Terms: NOTE IN CASES WHERE FREIGHT IS INCLUDED VENDOR SHOULD ATTACH THE FREIGHT RECEIPT TO SUB- ----------- Ue-----_-----_ STANTIATE CHARGE. 7 DESCRIPTION OF MATERIAL/SERVICE Purchase Order If items are too numerous 10 be incorporated in the block below Quantity Unit Price Amount No.and Date use Form A.C.93 Rev.and carry Total Forward. June 18 50 bags clams June 20 200 bags clams June 28 210 bags clams July 7 111 bags clams 571 bags clams 0 7.00 = $3,997.00 $3,997 TOTAL u�ls9O7 00 Town Slperrisor Discount August 18, 1975 Tom of Southold NET PAYEE N Y ^ r7��/I�qT�hy7rT .� (///��;;'' .gym.. . . �n-♦„n.,.. w� 1 T77Z"/�' 77 7 .+ SC lJ _. ..� .5 ir' 1 .. .!oward L. was T r Address......2�,2„`'latah;^,".. ...............:. Fed. I. D. No. ....................................... or Soc. Security No. ..4...U.U7(+:�d ,......, � I I 577. ;3ag1 Clams (Seeding) QO qco i00 — --r---- 7'_---1117_ I j I June 18 5 '! 0 Asa gs June 20 200 bags i JuihO 28 210 bags !July 7 111 bags —�! r i � �7” �hP r1 ' ij i1 The undersigned (Claimant) (-Aeting-on-behalf-of-above-named-Claimant) does hereby certify that the `oreco�-c (Cross out one) c'aim is true and correct and that no part thereof has been paid, except as therein stated, and that the balance t!ierein stated is actually due and owing, t..oward L. '4allowes & Son, Inc Duly 75 / Da-ed .:................................................. 12.,....... Signature r' New York State Department of Environmental Conservation Ak 50 Wolf Road, Albany, New York 12233 Iowa Ogden Reid, Commissioner August 8, 1975 Shellfish Regulation Mr. Albert M. Martocehia Town Supervisor Southold, New York 11971 Dear Sir: We are enclosing herewith your copy of agreement covering the above referenced project. This agreement has been approved by all State agenices concerned and has been assigned Contract No. C-86046 by the Department of Audit and Control. This number must be referred to in all correspondence, payments, etc. in relation to the contract. Also enclosed is a supply of New York State Standard Vouchers for your use in billing against this contract. Very truly yoars, As 't irector of Fiscal Ma ent jam /rb Enclosures cc: Bruce McMillan �y [7 /� QIIIS AGREEMENT, made this � day of hpq Y) 1975, by and between the �tJ 71�J ��J�r NEW RK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, acting by and through its Commissioner, hereinafter referred to as the Party of the First Part, and i the TOWN OF SOUTHOLD, acting by and through its Supervisor, duly authorized so �I to do, hereinafter referred to as the Party of the Second Part; I. WITNESSETH: i WHEREAS , the Party of the First Part has the: statutory duty to control, i manage, propagate, and distribute, and to regulate the transportation, import- ation, and exportation of shellfish and crustacea; and WHEREAS , the United States Department of Commerce has established a policy I� jl for the improving and increasing of marine resources and in furtherance of such objective, has provided for financial assistance to programs conducive thereto undertaken in compliance with the provisions of Public Law 88-309; and I WHEREAS , the Party of the First Part has entered into a Grant-in-Aid �I agreement with the Department of Commerce aforesaid (Project No. 3-196-D) , providing for reimbursement to the extent of fifty per centum of eligible it costs incurred in the course of the conduct of such a program, to wit, a shell- I fish seeding program; and Ii WHEREAS , the introduction of shellfish imported from a colder environment, I' properly timed, serves to reinforce native spawning with a later spawning, thus increasing the potential for a successful set; and � I WHEREAS , the timely introduction of a spawning stock of shellfish taken 1 from an environment where they are successful, into a similar environment that jl has, at times, supported such shellfish, serves to provide a potential for i rehabilitation of the shellfish population in the receiving habitat; and iI WHEREAS , the Party of the Second Part is desirous of having a shellfish i seeding program as hereinafter more particularly described in Schedule B i conducted within certain areas under the jurisdiction of said Party of the it Second Part, all to the benefit of the general public resident within the j geographic boundaries of the said Party of the Second Part; and i WHEREAS, the Party of the Second Part has the necessary experience and li supervisory capability to conduct a shellfish seeding program in accordance I i j with the laws and regulations of the State of New York and of the United States; 'i NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: 1. The Party of the First Part will undertake a shellfish seeding program in accordance with the specifications set forth in Schedule B hereof, which is �I II incorporated herein and made a part hereof. 2. The Party of the First Part will engage the Party of the Second Part to carry on the actual work contemplated under Paragraph 1 hereinabove, and the ii Party _of the Second Part, through its agents, servants, or employees, will well i and faithfully discharge all of the duties and obligations thereby incurred. I 3. The Party of the First Part will pay the Party of the Second Part for costs incurred pursuant to Paragraph 2 hereinabove and for all expenses incident I thereto within the limitations set forth in the aforesaid Schedule li, such pay- ill ment to be made on vouchers submitted on the last working day of each month. 4. All claims will be submitted on standard vouchers to be furnished by i lthe Party of the First Part and completed in a form acceptable to the Comptrolley. of the State of New York. I I I it 5. The Party of the First Part, after payment to the Party of the jSecond Part, pursuant to Paragraphs 3 and 4 hereinabove, will request fifty it (50%) per cent reimbursement from the Federal Government under the terms of Ilithe Grant-in-Aid aforesaid. it 6. Within sixty (60) days of demand therefore, the Party of the Second Part will reimburse the Party of the First Part for all payments made on account of the foregoing, except for such portion of the funds expended by the Party of I the First Part which is reimbursed to said Party of the First Part by the Federal I Government under the terms of the Grant-in-Aid aforesaid. 7. The obligation of this contract is expressly conditioned upon the fcontinued existence of the Grant-in-Aid hereinabove referred to, and no obliga- tion shall attach to the Party of the First Part for the expenditure of any I monies or the conduct of any activities after the event, should such Grant-in-Aid agreement be terminated for any reason. 8. This Agreement shall be effective on approval of an executed copy i, thereof by the Comptroller of the State of New York. I' 9. The terms of this Agreement shall be from 15 May 1975 through 15 September 1975, inclusive of both dates, unless sooner terminated as provided in Paragraph 10 hereinafter. i I, LI 10. hither party may terminate this Agreement upon thirty (30) days I I it written notice. I 11. This Agreement shall be subject to all of the terms and conditions IIset forth in Schedule A hereof, which is incorporated herein and made a part hereof. I� v_ II I IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the day and year first above written. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION By �=4PSi D46puty Comm' sinner STATE OF NEW YORK) COUNTY OF 6L6#A1 y ) as. : On the ' day of t:7I 1975, before me personally came 100kil- T LZ-7-" ID,) to me known and known to me to be the same person who executed the foregoing instrument for and on behalf of the 1 I DEPARTMENT OF ENVIRONMENTAL CONSERVATION of the State bf New York, and who, J being by me duly sworn, did depose and say that lae resides in the County of F es r- t-6,PA) t-6RA)y L State of New York, and that he is 9 Deputy Commissioner of I the Department of Environmental Conservation of the State of New York, and that he executed the foregoing instrument for and on behalf of said Department by virtue of the authority in him vested as such.Deputy Commissioner thereof. 4e NOTAPUBLI GAIL KELESHIAN Notary Public, State of New York t No. 0719000 Qualified in Albany County I, My Commission Expires March 30, 19... I' (I I� I it II TOWN OF SOUT[IOLll it By Town Supe:rviso STATE OF NEW YORK) as.: COUNTY OF SUFFOLK) On the` day of 1975, before me personally came &h-L-Lf c.4"A: to me known and known to me to be the same person who executed the foregoing instrument: for and on behalf of the + TOWN OF SOUTHOLD, and who, being by me duly sworn, did depose and say that 1 I he resides in the County ofC State of New York, that he is Supervisor of the Town of Southold, that he executed the foregoing instrument for and on behalf of the Town of Southold by virtue of the authority in him vested i as Supervisor of said Town, and with the approval of the Town Board of said I Town. NOTARY PUBLIC EDNA R ANGELL` �VED AS ra FORiy State of ,New York � NOTARY PUBLIC, .- 7.425 Louis �. Sidi A,. JUN i 8 1975 AUG 6 1975 APPROVED 19— ' WILLIAM E. GINSBURGH MA Die sun cowwau� I i N1.1tYORK t,1AIL Dt.I'Aftln,L:l, r)I.LNVIIIUNMI.NI At.i.I) 61 KVAI IUN - SCHEDULE A The Cio:•.tractur him:bt' :q;rees to the prOVi::ionr. of .`h('lion 139-a and I it)-b of the New York SI•da 1,inunce Law which requc(:s that upon the refusal of :r person, whau called b,aore a grand jury, by;id od ., :;fade dop.irl mint, tempo. Lt_QR) rarq state commission or other stale o oncv, or the Org:mize:l Criisu T,,k Porce is the Dcp:rrt:nont of Looe. which is PC)�,SUgNi empo::ered to compel the attendance of witnesses and examine them under oath to testify in an investigation Concern-inn an} transaCtiori or Contract :ac r r the state, any Political subd iv itiron thereof, a Public authority or with any 3j Th ;u, :c dopa tm ent, agonc.} or c ficial of the state or of any political subdivision thereof or of +r public. authority, to {w7E+v�t< sign a wancr of immunity against subsequent criminal prosecution or to answer any relevant question concerning such _ transaction or contract, (a) such person, and any firm, partnership or corpora,„Iron of which he is a member, partner, director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards- from or entering into any contracts with. New York State or any public department. agency or official thereof, for goods, work or services, for a period of fn'e years alter such refusal, and (b) any and all contracts made with the State of New (f(4 l-)3) York or any public department, agency or official thereof, since the effective date of this law, by such person, and by any firm, partnership, or corporation of which he is a member, partner, director or officer may be cancelled or termi- nated by New York State without incurring any penalty or damages on account of such cancellation or termination, but yy any monies owing by the State of New York for goods delivered or work done prior to the cancellation or termination shall be paid. The Contractor shall comply with provisions of Section 222 of the New York State Labor Law which requires that preference in employment shall be given to citizens of the State of New Yor;i who have been residents for at least six consecutive months immediately prior to the commencement of their employment; and that persons other than citizens of the State of New York may be employed when such citizens are nut available. If the requirements of Section 222 are not complied with, the contract shall be void. The New York State Industrial Commissioner defines residence as folb:ovs: An applicant must prove the required 'r domicile in the State of New York by the production of (a) rent receipts or affidavits from persons with whom they have resided; (b) certificates of attendance at school if he has children of school age, or (c) l:ke documentary proof Of required domicile. "Domicile” is hereby defined as the place in which the family and household effects of the applicant for employment are located. If the -family and household effects of a married min arc located in another State, he will not be regarded as a resident citizen of New York Stade; (d) an applicant may also establish eitizcn- ship of New York State by presenting a certificate from the Board of Elections of any county of the State, indicating that he was registered for voting at the last previous general election. The Contractor -shall keep on file at the site of the work: at all times, at least one of the foregoing proofs of eligibility for e mployment on public works. These files shall be open to the inspection of the Engineer, or his repre- sentative, or to representatives of the Department of Labor. a During the performance of the contract, the Contractor shall comply with the following: Section 220-e of the State Labor Law — (a)That in the hiring of employees for the performance of work under this contract or any stab-contract hereunder, no contractor, sub-contractor, nor any person acting on behalf of such con- tractor or sub-contractor,shall by reason ot race, creed, color, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the. work to which the employment relates; (b)That no contractor, sub-contractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color, sex or national origin; (c)Thal there may be deducted from the amount payable to the contractor by the State or municipality under this contract 0pen:,IIV of frvr dollow; for each person for caeh calendar d,,y tuna,• which acrh prr::rn, w;,:• dila,ruminated dpjr .1 of i'llrnaJ.,l rd in vi,,I,,Ina, of Ibo pn,dirnuut. rd ill" eoulr:na, (I) 1,11M lb,:: runts, ! lea} bra cuurclled or Iennln;lwd by the Slato ur nalm, rl,ly, amt .:II I olowyrt dui or lu be- come due hereunder uucy ba forfeited, for a sccund or any subsnquenl violation of the lcrue: or conditions of this section of the contract; and (o)The aforesaid provisions of this suction covering every contract for or on behalf of lho Stoto or a municipality for the manufacture. sale or distribution of materials, equipment or supplies shall be limited to oparotions performed within the territorial IlmllS of the State of New York. Non-D:scrimir.ation Clauses of the Executive Law and Civil Rights Law — (a)The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin, and will take affirmative action to insure that they are afforded equal employment oppor,.unities without discrimination bneease of race, creed, color, sex or national origin. Such action shall be taken with reference, but not he limited to: recruit- ment, employment, lob assignment,promotion, upgrading,demotion,Ir.,nsler, Ioyotf or termination,rd es of pav or other forms of compensatiun, and selection for training or retraining, including apprenticeship and on-the-job training. (b)'ilie Contractor will send to each labor union or ru[,, s'!iMilive of workers with which he ha:; or is bound by a. collective bargaining or other ngrcemt,ut or understanding„ a notice, to be provided by the Stade Conuris:;ion for Ilum:ra Itq,hts, advising such labor union or representativ.- of tilt! Contractor's :y;moment tinder cl:,u:ws (a) through (i;) (hereinafter culled "non-discrirninution clauses"). If the Contractor was directed to Jo so by tilt, cnntr;tcting uitency as part of the bid or ncl;oliution of lilts contract, the contractor shall request such labor union or rggusentu- tive to furni:;h hint with a written sl;uumcul that :;uch labor union or ropre::mint ivc will not disrrimin:dc because of race, emit, e;olor, sex or nuuonal origin and that such labor union or representative either will ufficmatively coop- ° er,Av, v.ithln the limits of its legal and constructunl authority, in the implementation of the policy and provisions of + the non-discrimination clauses or that it consents and agrees that recruitment, employment and the terms and condi- tions of employment under this contract shall be in accordance with purposes and provisions of these non-discrimina- tion clauses. If such labor union or representative fails or refuses to comply with. such a request that it furnish such a statement, the Contractor shall promptly notify the State Commission for Yuman Rights of such failure or refusal. (c) The Contractor will post and keep posted in conspicuous places, available to employees and applicants- for employment, nctices to be provided by the State Commission for Human Right, setting forth the substance of the provisions of clauses (a) and (b)and such provisions of the State's laws against .discrimination as the State Commis- sion for Human Rights shall determine. r (d) The Contractor will slate, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualitied applicants will be afforded equal employment opportunities without discrimination be- cause of race, creed, color, sex or national origin. (e)The Contractor will comply with the provisions of Sections 291-299 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the State Commission for Human Rights under these non-discrimination clauses and such sections of the Executive Law, and will permit access to his books, records and 'accounts by the State Commission for Human Rights, the Attorney General and the Industrial Commis- sioner for purposes of investigation to ascertain compliance with these non-discr:.mination clauses and such sections of the Executive Law and the Civil Rights Law. (f)This contract may be forthwith cancelled, terminated or suspended, in whole or in part, by the contracting t agency upon the basis of a finding made by the State Commission for Human Rights that the Contractor his not com- plied with these non-discrimination clauses, and the contractor may be declared ineligible for further contracts made by or on behalf of tee State or a public authority or agency of the State, until he has satisfied the State Commission for Human Rights that he has established and is carrying outaprogram in conformity with the provisions of these non- discrimination clauses. Such finding shall be made by the State Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a veri- fied complaint has been filed .with Commission notice thereof has been given to the Contractor and an opportunity ,qrl has been afforded him to be heard publicly before three members of the Commission. Such sanctions may be imposed 1+ and remedies invoked independently of or in addition to sanctions and remedies o,herwise provided by law, (g)The Contractor will include the provisions of clauses (a) through (f) in every sub-contract or purchase order in such a manner that such provisions will be binding upon each sub-contractor or vendor as to operations to be per- formed within the State of New York. The Contractor will take such action in enforcing such provisions of such sub- contract or purchase order as the contracting agency may direct, including sanctions or remedies for non-compliance. If the Contractor becomes involved in or is threatened with litigation wits a sub-contractor or vendor as a result of such direction b} the contracting agency, the Contractor shall promptly so notify the Attorney General, requesting him to intervene and protect the interests of the State of New York. Pursuant to Sections 220.3 and 220-d of the Labor Law, each labarer, workman or mechanic employed by the Contractor, sub-contractor of other person shall be paid not less than the prevailing rate of wages for a legal day's work and shall he provided supplements not less than the prevailing supplements res dcterninod by the Indm;triul Cornnu:r;inner. Tb,: minimwn bomly r.te of wap, to be paid i;luill )t, unl I.•r. than diol :;Intrd In th„ !,p,.edic:tions .rod :;hall 1w dr::q,n;did by the ludu•dri.il C,man r:',sinner. 'lhv Conlructni and rvriy ::otic unlr:n7,n :'.Ball po:.i m :i prominent and does:,iblu pLu:c on the site of the work it Icgible statemaat ut all w:q;c rtes and on specified in the contract to be paid or provided, as the case may be, for the various classes of nrcdautics, working- men or laborers employed on the work. The Department does not represent or warrant that the accompanying schedulo of wages with the classification of workmen, mechanics and laborers, as required by Section 220 of the Labor Law,iscompleto and it reserves the right : to revise such schedule when required. If any occupation not mentioned in the schedule of classifications will be required in the execution of the project, schedules of supplements to be provided and wages to be paid shall be re- quested from., the Industrial Commissioner, by the Contractor through the Engineer and such schedules, shall, upon notice to the Contractor, become and be a part of the wage and supplement schedules embodied in the contract. I � i SCHEDULE B 1. a) Shellfish transplanter shall procure approximately five hundred (500) bushels of hard clams taken from a certified cold water environment at: a time prior to the expected normal spawning time in that area. b) Shellfish transplanter shall relay clams within certified waters under the jurisdiction of the Party of the Second Part, in such particular locations as are deemed suitable to maximize propagation, taking into consideration in con- nection therewith, the advice of State Environ- mental Conservation Department personnel. 2. In the event that shellfish are imported from with- out the State pursuant to Paragraph 1 hereinabove, a permit shall be obtained in compliance with Section 13-0321 of the Environmental Conservation Law. 3. Any shellfish imported from without the State, pursuant to Paragraph 1 hereinabove, shall be certified by a representative of the source state to be free from any marine biotoxins. 4. In no event shall the charges made against the Party of the First Part by reason of work carried out pur- suant hereto exceed the gross sum of Four Thousand ($4,000) Dollars. 5. It is understood by and between the parties hereto that this agreement shall be deemed executory to the extent of the monies available to the State and no liability on account thereof shall be incurred by the State beyond monies available for the purpose thereof.