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HomeMy WebLinkAboutGIS Digital Orthoimagery Data . RESOLUTION (ID # 3578) DRAFT DOC ill: 3578 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. (10 # 3578) WAS DRAFT AT THE REGULAR MEETING OF THE SOUTH OLD TOWN BOARD ON FEBRUARY 12, 2008: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Al!reement between the Town of South old and the New York State Office ofCvber Security & Critical Infrastructure Coordination in connection with the upgraded Geographic Information Systems Digital Orthoimagery Data, subject to the approval of the Town Attorney. p4;"hr1a~~tJ... Elizabeth A. Neville South old Town Clerk AGREEMENT BETWEEN THE OFFICE OF CYBER SECURITY AND CRITICAL INFRASTRUCTURE COORDINATION AND TOWN OF SOUTHOLD FOR UPGRADED GEOGRAPHIC INFORMATION SYSTEMS DIGITAL ORTHOIMAGERY DATA This GEOGRAPHIC INFORMATION SYSTEMS DIGITAL ORTHOIMAGERY DATA ENHANCEMENT AGREEMENT (the "Agreement") by and between the State of New York (hereinafter "the State"), acting by and through the New York State Office of Cyber Security and Critical Infrastructure Coordination (hereinafter "CSCIC") with offices located at 30 South Pearl Street, Albany, New York 12207-3425, and the TOWN OF SOUTHOLD ("Governmental Entity"), located at 53095 Route 25, Southold, New York 11971 (mailing address: P.O. Box 1179, Southold, New York 11971), its successor and/or assigns. WITNESSETH: WHEREAS, CSCIC conducts a Geographic Information System (hereinafter "GIS") Coordination Program designed to improve and enhance various forms of spatial data related to the State of New York; and WHEREAS, CSCIC will be enhancing and improving the State's spatial data through a Statewide Digital Orthoimagery Program (hereinafter "Program"); and WHEREAS, a "Governmental Entity" shall be deemed to include: all New York State agencies, authorities, departments, offices, divisions, boards, bureaus, and commissions; and all public corporations and metropolitan planning organizations in New York State; and WHEREAS, this Program is designed to meet the needs of Governmental Entities and is designed to provide complete statewide orthoimagery coverage on an annual phased cycle, with each phase covering approximately 25% of the State: and WHEREAS, under the Program, the State has contracted for urban areas of the State, approximated by the U.S. Department of Transportation Federal Aid Urban Area boundaries, to be covered by 1.0 Ft GSD natural color orthoimagery and the remaining areas will be covered by 2.0 Ft GSD panchromatic orthoimagery. The State has also contracted for other options (hereinafter "upgrades") for higher resolution and alternate film type or sensor band to be exercised should an individual Governmental Entity opt to contribute additional funding for this purpose; and WHEREAS, the Governmental Entity has determined that digital orthoimagery upgrades are convenient, necessary and desirable for the Governmental Entity, its general population and its agencies, and has opted to contribute additional funding to the State for such purpose. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties do hereby agree as follows: I. Purpose The purpose of this Agreement is to set forth the mutual understanding between the Governmental Entity and the State with respect to the financing and development of upgrades for digital orthoimagery covering the Governmental Entity. II. Consideration The Governmental Entity hereby agrees to pay the State the sum of $14,960 (Fourteen thousand, nine hundred sixty dollars) to CSCIC in consideration for the upgrades for digital orthoimagery as described in Appendix B attached hereto. III. Distribution of Product By separate agreement between CSCIC and the County of Suffolk Department of Information Technology (hereinafter "Suffolk County") Suffolk County has agreed to coordinate with and obtain written acknowledgement from the Governmental Entity to allow CSCIC to deliver all digital upgrades for the Governmental Entity directly to Suffolk County which will be responsible for the distribution to the respective Governmental Entity. IV. Information Sharing CSCIC agrees to provide upgrades for digital orthoimagery covering the Governmental Entity, and to provide the upgraded digital orthoimagery to the Governmental Entity to assist the Governmental Entity in providing services to its general population and its agencies. Specifications of the upgraded digital orthoimagery shall be set forth in accordance with the schedule annexed hereto as Appendix B. The Governmental Entity and CSCIC agree that the upgraded digital orthoimagery will also be made available to the public by CSCIC through methods including, but not limited to, Internet distribution and that such orthoimagery will be provided to the public free of charge or for the costs associated with data dissemination in accordance with fees imposed pursuant to the Freedom of Information law (hereinafter "FOIL") requests. Notwithstanding the foregoing, CSCIC will determine, in cooperation with the Office of Homeland Security (hereinafter "OHS") and the County, those portions of the digital orthoimagery that should be withheld from access due to the sensitivity or security of the information. Such portions of digital orthoimagery may be made available upon specific request to CSCIC following the fulfillment of requirements established by CSCIC in cooperation with OHS for special access to such information. The portions identified as requiring special access for sensitivity or security reasons may also be withheld pursuant to FOil requests based upon the exceptions including, but not limited to, Town of Southold 12/11/07 2 endangering the life or safety of any person (see, FOIL, !:;87[2][f]). Prior to responding to any requests for the identified portions of the digital orthoimagery, including. those requests made pursuant to FOIL, the Governmental Entity will notify CSCIC of the request(s) and consult with CSCIC prior to providing any records or other information in response to the request(s), provided however, that the Governmental Entity will not respond to requests for the identified portions of the digital orthoimagery that fall outside the scope of FOIL (e.g., requests from another governmental entity or non FOIL requests from any individual or entity) without the prior written approval of CSCIC. The portion of this agreement regarding release of the digital orthoimagery will remain in effect in perpetuity or until amended by a writing signed by both parties. V. Disclaimer Neither the Governmental Entity nor CSCIC assumes any risk, liability or responsibility for the accuracy of the data which is the subject of this Agreement. VI. Term of this Agreement This Agreement shall commence upon execution by all parties and approval of the Agreement by the New York State Office of the Comptroller. Except as provided in Section IV above, the Agreement shall continue in full force and effect until all parties have fulfilled their respective responsibilities hereunder. VII. Amendments to this Agreement Any amendments to this Agreement must be made in writing and executed by both parties. VIII. Laws of New York State This Agreement shall be construed in accordance with the Laws of the State of New York. IX. No Third Party Rights Nothing in the Agreement shall create or give to third parties any claim or right of action against the Governmental Entity or CSCIC beyond such as may legally exist irrespective of the Agreement. X. Nonperformance If for any reason the State's contractors and/or subcontractors engaged in the production of the upgraded digital orthoimagery shall fail to perform their agreement with the State, resulting in the State's inability to deliver the upgraded digital orthophotography, or any part thereof, to the Governmental Entity, the State's liability to the Governmental Entity shall be limited solely to the return of any actual consideration paid prorated for any upgraded digital orthophotography delivered to the Governmental Entity. XI. New York State Appendix A - Standard Terms for State Contracts Town of Southold 12/11/07 3 New York State Appendix A -Standard Terms for State Contracts - is attached hereto as Appendix A and made a part hereof to the extent applicable. below. IN WITNESS WHEREOF, this Agreement has been duly executed the date and year set out NEW YORK STATE Governmental Entity ~~ CFIT 1 O nl KLo F OFFICE OF CYBER SECURITY AND . I ~~DEI2-At-- I D~NTI CRITICAL INFRASTRUCTURE COORDIN TION By: ~ ~ - ~ ~ By: Thomas F. Duffy Na e: uSSe 1 Deputy Director Title: ~ oa rJ i S o r Date: (a l ~~ /~OU~ Date: ~~dyI08 Approved: Approved: State Comptrolle A P p R~ V E D B Office of the Att a General B ~r y' DEPT. OF AUDIT & CONTROL y. Sq OVA MAR 1 ~ 2008 ' N r ~ O c c~y E Date: Q Dat t A P O L ~j0 ~~ ER TR FOE STATE COM Rysoq ~e STATE OF r,IEW ~IoR~ ) COUNTY OF 511FFOL(() ~'qT Fi . Fq~q~~~o~ ~93~ On this a`I ~ day of Q. 200Q, before me personally came to me known, and known to me to be th person who executed the above~strument, who, being duly sworn by me, di for her/himself depose and say that ske/he is the (title) of ~ ( over ental Entity), with its pn cipal place of business located at 0 ~ ,and that she/he executed the foregoing instrument in the name of the overnmental Entity, and that stfelhe executed the same as the act and deed of the Governmental Entity for the uses and purposes mentioned therein. ~~ ~ ~ ,~ Notary ublic LINDA J CUli~c~ s NOTARV PUBLIC, State of Nc~w York NO. 01004822563, Suffolk CourNr Term Expires December 31, 20~ Town of Southold 12/11/07 NEW YORK STAn OFFICE OF GENERAl SERVICES PROCUREMENT SERVICES GROUP APPENDIX A (June 4, 2006l. STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS PLEASE RETAIN THIS DOCUMENT FOR FUTURE REFERENCE. Town of Soulhold 12/11/07 5 TABLE OF CONTENTS 1. Executory Clause 2. Non-Assignment Clause 3. Comptroller's Approval 4. Workers' Compensation Benefits 5. Non-Discrimination Requirements 6. Wage and Hours Provisions 7. Non-Collusive Bidding Certification 8. International Boycott Prohibition 9. Set-Off Rights 10. Rccords ll. Identifying Information and Privacy Notification 12. Equal Employment Opportunities For Minoritics and Women 13. Conflicting Terms 14. Governing Law 15. Late Payment 16. No Arbitration 17. Sel"Vice of Process 18. Prohibition on Purchase of Tropical Hardwoods 19. MacBride Fair Employment Principles 20. Omnibus Procurement Act of 1992 21. Recip,'ocity and Sanctions Provisions 22. Purchases of Apparel STANDARD CLAUSES FOR NYS CONTRACTS The parties to the attached contmet, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract") agree to be bound by the [ollowing clauses which arc hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party): 1. EXECUTORY CLAUSE. In accordance with Section 41 oflhe Slate Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract. 2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 oflhc Statc Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the previous cpnsent, in writing, of the State and any attempts to assign the contract without the State's written consent arc null and void. The Contractor maYt however, assign its right to receive payment without the State's prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5~A of the State Finance Law. 3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law (Of, if this contract is with the State University or City University of New York, Section 355 Of Section 6218 of the Education Law), if this contract exceeds $50,000 (or Town of South old 12/11/07 6 the minimum thresholds agreed to by the Office "rthe State Comptroller for certain S.U.N. Y. and C.U.N.Y. contracts), or iflhis is an amendment for any amount to a contract which, :is so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $10,000, it snail not be valid, effedive or binding upon the State until it has been approved by the State Comptroller and liIcd in his office. Comptroller's approval of cOlltractslct by the Office ofGene["ul Services is required when such contracts exceed $85,000 (State Finance [,aw Section 163.6.a). 4. WORKIi:RS' COMP~:NSATION BI~NEFITS. In accordance with Section 142 of the State finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. 5~ NON-DISCRIMINATION REQUIREMENTS. To the extent required by Aiticlc 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional nOll-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, scx, national origin, sexual orientation, age, disability, genetic predisposition or can'ier status, or marital status. Furthennore, in accordance with Section 220-e of the Labor Law, if this is a contract for thc construction, altcration or repair orany public building or public work or for the manufacture, sale or distribution of materials, equipinent or supplies, and to the extent that this contract shall bc perfonned within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disabilily, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the perfonnance of work under this contract. [f this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Conlmctor 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 State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the perfonnance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220~e or Section 239 as well as possible tennination 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 X of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or pennitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthennore, Contractor and its subcontractors must pay at least the prevailing wage rate and payor provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. 7. NON~COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139-d of the State Finance L'lw, if this contract was awarded based upon the submission of bids, Contractor amnns, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Cuntractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non-collusive bidding certification on Contractor's behalf. 8. INTERNATIONAL BOYCOTT PROIIIBITlON. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, lhe Contractor agrees, as a material condition of the contract, that ncither the Contractor nor any substantially owned or at1i.liated person, finn, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 ct seq.) or regulations thereunder. [f such Contractor, or any of the aforesaid atliliatcs of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2NYCRR 105.4). 9. SET-OFF RIGHTS. The State shall have all of its common law, equitable and statutOlY rights of sel-off These rights shall include, but not be limited to, the State's option to withhold for the pUll'oses ofselotf any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this conlract, any other contract with any State department or agency, including any contract for a term commencing prior to the tenn of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. TIle State shall exercise its set-ofT rights in accordance with normal State practices including, in cases of set-off pursuant to an audit, the finalization of such audit hy the State agency, its representatives, or the State Comptroller. 10. RECORDS. 111e Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other Town of Southold 12/11/07 7 evidence directly pertinent to performance under this contract (hcreinatlcr, collectively, "the Records"). The Records must be kepi for the balance of the calendar year ill which they were made and lor six (6) additional years thereafter. TIle State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, ifno such oflice is availahle, at a mutually agreeable and reasonable venue within the State, for the term spccified above lor the purposes of inspection, auditing and copying. '!lIC State shall take reasonablc steps to protect from public disclosure any of the Records which arc exempt from disclosure under Section 87 of the Public Officers Law (the "Statute") provided that (i) the Contractor shall timely inlonn an appropriate State oflicial, in writing, that said records should not bc disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affcct, the State's right to discovery in any pending or fulure litigation. II. IDENTIFYING INFORMATION AND I'RIVACY NOTIFICATION. (a) fEDERAL EMPLOYER IDENTIFICATION NUMBER and/or FEDERAL SOCIAL SECURITY NUMBER. All invoices or New York State standard vouchers submitted for paymcllt for the sale of goods or services or the lease of real or personal property to a New York State agency must include the payec's identification number, i.e., the seller's or lessor's identification number. The number is either the payee's Federal employer identification number or Federal social security number, or both such numbers when the payee has both such numbers. Failure to include this number or numbers may delay payment. Where the payee docs not have such number or numbers, the payee, on its invoice or New York State standard voucher, must give the reason or reasons why the payee docs not have such numbcr or numbers. (b) PRIV ACY NOTIFICATION. (I) The authority to request the above personal infonnation from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disolosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identifY individuals, businesses and others who have been delinqucnt in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) llle personal infonllation is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The infomlation is maintained in New York State's Central Accounting System by the Director of Accounting Operations, Office of the State Comptroller, 110 State Street, Albany, New York 12236. 12. EOUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In accordance with Section 312 of the Executive Law, if this contract is; (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or docs expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in exeess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or docs expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then: (a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, and will undertake or continue existing programs of affinnativc action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employmcnt, job assignmcnt, promoti()n, upgradings, demotion, transfer, layoff, or tenllinatioll and rates of payor other forms of compensation; (b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affinnatively cooperate in the implementation of the contractor's obligations herein; and (c) the Contractor shall state, in all solicitations or advertisements for employees, lhat, in the performance of the State contract, all qualified applicants will be afforded cqual employmenl opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. Contractor will include tbe provisions of "a", "b", and "c" above, in cvelY subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the IlWork") except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State; or (iii) banking services, insurance policies or the sale of securities. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates thc purpose of this scctioTl. The contracting agency shall dctennine whether the imposition of the Town of Southold 12/11/07 8 requirements of the provisions hereof duplicate orcontlict with allY such federal law and if such duplication or contlict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Governor's Office of Minority and Women's Business Development pertaining hereto. 13. CONFLICTING TERMS. In the event of a conflict between the tenlIS of the contract (including any and all attachments thereto and amendments thereot) and the terms of this Appendix A, the terms of this Appendix A shall control. 14. GOVERNING LA W. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise. 15. LATE PA YMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article I I -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 to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. 17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State 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 Contractor's actual receipt of process or upon the State's receipt of the retum thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shaH be sufficient. Contractor will have thirty (30) calendar days ailer service hereunder is complete in which to respond. 18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS. The Conlractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of State Finance Law ~ 165. (Use of Tropical lIard woods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the responsibility of the contractor to establish to meet with the approval of the State. In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be perfonned by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in ~ 165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State. 19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Conttactor either (a) has no business operations in Northern Ircland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employmcnt Principles (as described in Section 165 of the New York State Finance Law), and shall pennit independent monitoJing of compliance with such principles. 20. OMNIBUS PROCUREMl:NT ACT OF 1992. It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises as bidders, subcontractors and suppliers on its procllrcment contracts. Infollllation on the availability of New York State subcontractors and suppliers is available from: NYS Department of Economic Development Division 1"01' SIIlalll3usiness 30 South Pearl St u l Floor Albany, New York 12245 Telephone: 518-292-5220 Fax: 518-292-5884 hup://www.empire.stale.ny.us A directOlY of certified minority and womcn+owncd business enterprises is available from: Town of Southold 12/11107 9 NYS Department of Economic Development Division of Minority and Women's Business Development 30 South Pcarl St -- 2nd floor Albany, New York 12245 Telephone: 518-292-5250 Fax: 518-292-5803 hup:! Iwww.empire.statc.ny.lls 'IlJe Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than $1 million: (a) The Conh'uclor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including eertitied minority and women,owllcd business enterprises, on lhis project, and has retained the documentation of these efforts to be provided upon requc..<;t to the State; (b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92-261), as amended; (c) The Contractor agrees to make reasonable efforts to provide notification to New York State resident.s of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. Thc Contractor agrees to document these efforts and to provide said documentation to the State upon rcquest; and (d) 'nlC Contractor acknowledges notice that the State may seek to obtain offset credits from forcign countries as a result of this contract and agrees to cooperate with the State in these efforts. 21. RECIPROCITY AND SANCTIONS PROVISIONS, Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or perronned outside New York State, the Omnibus Procurcment Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively) require that they be denied contracts which they would otherwise obtain, NOTE: As of May (5, 2002, the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii. Contact NYS Department of Economic Development for a current list of jurisdictions subject to this provision. 22. PURCHASES OF APPAREL. In accordance with State Finance Law 162 (4-a), the State shall not purchase any apparel from any vendor unable or unwilling to certify that: (i) such apparel was manufactured in compliance with all applicable labor and occupational safety laws, including, but not limited to, child labor laws, wage and hours laws and workplace safety laws, and (ii) vendor will supply, with its bid (01', if not a bid situation, prior to or at the time of signing a contract with the State), if known, the names and addresses of each subcontractor and a list of all manufacturing plants to be utilized by the bidder. Town of Southold 12/11/07 10 Appendix B SCHEDULE OF PAYMENTS Governmental Entity agrees to pay $14,960 (Fourteen thousand, nine hundred sixty dollars) payable to the Office of Cyber Security and Critical Infrastructure Coordination, for digital orthoimagery upgrades listed below pursuant to Section II of this Agreement. The funds should be remitted to: Office of General Services Financial Administration Corning Tower, ESP 40th Floor Albany, NY 12242 Attn: GIS Orthoimagery Program NYS Office of Cyber Security and Critical Infrastructure Coordination OPTIONS PURCHASED: . Upgrade urban area from l' natural color to dual 0.5' natural color and color-infrared (GIR) Town of Southold 10/5/07 12