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NYS DOS Contract #C006975
RESOLUTION 2010-468 ADOPTED DOC ID: 6009 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-468 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 29, 2010: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Contract #C006975 between the Town of S0uthold and the New York State Department of State in connection with Developing Priority Impaired Waterbody and SGA Subwatershed Management Plann~ subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Vincent Orlando, Councilman · AYES: Ruiand, Orlando, Talbot, Krupski Jr., Russell ABSENT: Louisa P. Evans MARTIN D. FINNEGAN TOWN ATTORNEY martin.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD £~C~IV~'D June 30,2010 New York State Department of State One Commerce Plaza, 99 Washington Avenue Albany, NY 12231-0001 Attention: Ms. Laurissa Parent, Secretary 1 Office of Coastal, Local Government and Community Sustainability Re: Agreement #C006975 w/Town of Southold Developing Priority Impaired Waterbody and SGA Subwatershed Management Plans Dear Ms. Parent: Pursuant to Erin O'Brien's email dated June 10, 2010, I am enclosing a copy of the referenced Agreement, previously executed by Supervisor Russell, along with the completed forms entitled 'Agreement Information Form" and "Contract Administration Update Form". Kindly send us a fully executed original Agreement for our records as soon as it is available. If you have any questions regarding this matter, please do not hesitate to call me. Very truly yours, Secretary to the Town Attorney /Ik Enclosures J cc: Ms. Elizabeth A. Neville, Town Clerk (w/encls.) Mr. John Cushman, Comptroller (w/encls.) Mr. Mark Terry, Principal Planner (w/encls.) Developing Priority lmparied Watct%ody and SGA Subwatcrshed Manageraent Plans Am-cement Information Form On the Face Pagn, is the Contraetor*s address correct? If incorr~ please provide thc correct address: ! On the Face Page, is the Federal Tax ID # shown correctly?. ff incorrect (or miss~'mg) please provide the correct Federal Tax ID #: Have any coats shown in Appendix B been incurred and/or any tasks in Appendix D began? (~ NO If any costs shown ia Appandix B have been incu~ed and/or any tasks in Appendix D have begun, please provide brief description: Enter proposed start date for contract: Note: lf costs have been incurred, the start date must reflect the date you bega~ inc~n)~g ~hose costs dncludin~ match). Enter proposed end date for contract: ~"~/( /[~ Note: Theinitialcontracttermcannotexceedthreeyears. NOTE: For DOS to process the Agreement, this form must be completed in it's entirety. Please remm following items to DOS: Complete Agreement (3) signed and notarized signature pages Signed Agreement Information Form Signed Contract Administration Form Address to retum to: NYS Department of State Contract Administration Unit Attn: Lnurissa Parent One Commerce Plaza 99 Washington Avenue - Suite 1010 Albany, NY 12231-0001 Town of Southold - ~t//C006975 Dc~,~loping Priority lmparied Watcd~niy and SGA Subwat~rsh~l Management Plans CONTRACT ADMINISTRATION,UPDATE FORM Please update/specify information for up to (3) people to receive contract related correspondenoe from DOs and indicate which person should be the primary correspondence rec(oienr The primary recipient must be an employee of the Town of Soutbeld and will receive original DOS corre4pondence, wtth attachments. The other indivtduals listed will receive copies of DOS tran~mittal lettere, witkout attachments. NOTE: The Supervisor must be listed on this form, bat does not need to be the primary correspondence recipient. No updates necesaary ~r~ Please mak~ tl~ following Honorable Scott A. Rmsell Supervisor Tawu of South~ld 53093 Main Road PO ROx 1179 Sout~oM, NY 11971- Primmy recipient ofcor~spondence from DOS ] Phone Numbs: ~ Copythiape~ononcotreapondoncefi'omDOS I ~ Email Addt~s: [ F~x Numbe~. ................... scotLr~sseg{~towo3outhokl.ny, ns [. ! TownofSouthh~ld ~ [] Copy this pe~on on correspondence from DOS [ _ J i ........................................ I ? ~outhold, NY !197140'~°~ [ Email Add~ess: [ FaxNmnber:. t Please list up to (3) individuals who are autlmrtzed to execute amendments and/or sign payment requ~ts for this project: Name: Title: Signntnre of the Supervisor: IN WITI,~S THEREOF, the parties hm~o haw ~xe~uted or approved this AGI~I~.MENT on the dates below their sigaatur~. By:T°wn of Southoid~ Contract No. C006975 STATE AGENCY: New York State Department of State Title: Date: "In nddifion to the ~_ _ k,~-',~ce of this contract, ! also cmi~ that original copies of this signature page will be attached to all other exnct copies of this e, ontr~t." State of New Yo~ r I' - · ) County of ~, .¥~Cb ~ ~-. )ss: ~CO~"~L ~, ~J ~Ct[ ,to=~o~,who~ing~=d~yswo~dd~y~t d~d~ in and w~ch ~ut~ ~e a~ve ~t; ~ i~t ~s~ ~s the aut~fiW to si~ on ~lfof ~id ~miiog and ~t hdsbe ex~ the foggoing a~t for ~ on ~fof said T~m ~resJuly 7,20 ATTORNEY GENERAL: Approved: Thomas P. DiNapoli State Complroller Title: Date: By: Date: IN W1TN~S THEREOF, the parties hereto have exeCUted or approved this AGREEMENT on the dates below their signatures. Town ofCONTRA~C~u~id By: Title: Date: Contract No. C006975 STATE AGENCY: New York State Delmt~ment of State B~ (rrka N~) Tide: Date: $ A ¢ ' tion "In addition to the acceptance of this contract, I also certify that original copies of this signature page will ho aRached to ali other exaa copies of this colilrac~." ACKNOWLEDGMENT StateofNewYork_ ,,. . County of ~'~3 ~fO~ ~_ ~ss: On this ~day of HO~.4 ,in theyesr 20 {O, before me pemonally appesr~d , to mc known, who hoing by me duly sworn, did depose and say that he/sh~-isthe ~O~¢qtXo~ of' tx L."T0 . x O*c .% 'l otd ,th o, tio. described in and which executed thc above inslzun~nt; and that heffshc has the authority to sign on behalf of said organization; and that he/she executed the forgoing agr~ment for and on behalf of said organization. N~,~ARY PUBLIC I~ota~y Public, Stats 0~ New Yorf[ No. 0JD06095328, Suffolk Ceunty Term Expires July 7, 20 ~ ATTOR]qEY GENERAL: Approved: Thomas P. DiNapoli State Comptroller Title: By: Date: Date: IN WITNESS THEREOF, the parties hereto have executed or approved this AGREEMENT on the dates below their signatures. CONTRACTOR Town of By: Title: Contract No. C0(}6975 STATE AGENCY: New York State Depnrtment of State By: (IMm Nm) Title: Date: tate 'fi ' "In nddition 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." ACIO4OWLEDGMENT ) , in the year 20 I O , before me p~rsonally appeared , to me known, who being by me duly sworn, did delx~se and say that Of. '¥~ TO.~% Of{.- S1,'~ {~ ,the olgalfization described in and wh/ch executed ~hc above/nstrument; and thnt he/she hns the amhority to sign on behalf of said organiznfion; and that he/she executed the foregoing agreement for and on behnlf of said organization. BONN1EJ. DOROSk~ No. 01006095328, Suffolk Count~ Tena Expi,res Ju~ 7, 20 _J I ATTORNEY GENERAL: Title: Date: Approved: Thomas P. DiNapoli State Comptroller By: Date: FACEPAGE STATE AGENCY (Name and Address): NYS Dcpamn~m of State One Commcrcc Plaza 99 Washington Avenue- Suitc 1010 Albany, NY 12231-0001 NYS COMPTROLLER'S #: C006975 ORIG. AGENCY CODE: 19000 TYPE OF PROGRAM: Envimtammtal Protmtion Fund Act - 2008 LWRP CONTRACTOR (Name and Address): Town of Southold 53095 Main Road Southold, NY 11971 ISTATE SHARE FUNDING AMOUNT FOR INITIAL PERIOD $55,000 LOCAL SHARE FUNDING AMOUNT FOR INITIAL PERIOD $55,000 ' FEDERAL TAX IDENTIFICATION NUMBER: 11-6001939 MI~ICI~ALITY # INiTiAL CONTRACT PERIOD: FROM: TO: APPENDIX A: APPENDIX Al: Including APPENDIX B: APPENDIX C: APPENDIX D: APPENDIX F: APPENDIX G: APPENDIX X: APPENDICES ATTAC~b:n TO AND PART OF TI-lIS AGREEMENT Standard clauses as required by the AttOrney General for all state contracts Agency-specific clauses Attachrtwnt I - Final Project Summapd Re,pon Attachment 2- Minority and Womon-owned Business Enterprises (MWBE) Program Qumt~rly Contractor Report Attachment 3 - Project Status Form Attaclmgnt 4 - Pmcurament Certification Budget Payment and Repotting Schedule Program Work Plan Notices Electronic Payments Modification Agreement Form (to accompany modified appendices for changes in term or consideration on an existing period or for reaaewal pc-rio&) STATE OF NEW YORK AGREEMENT This AGg~.~-MEI'Cr is hereby made by and between ~ State of New York agency (STATE) and the public or private agency (CONTRACTOR) identified on the Face Page hereof. WHEREAS, the STATE has thc authority to regulate and provide funding for the establishmem and operation of program service~ and desires to contract with skilled parties possessing the necessary resources to provide such services; and WHEREAS, the CONTRACTOR is ready, willing end able to provide such program service~ and possesses or can make available all necessary qualified personnel, licenses, facilities and expertise to perform or have performed the services required pursnant to thc terms of this AG~; NOW, THEREFORE, in consideration of the promise~ respon~'bilities and covenants ~ the STATE and the CONTRACTOR agree as follows: I. 'tions of A t A. This AGREEMENT may consist of successive periods (PERIOD), as specified within the AGREEMENT or within a sub~equcot Modification Agreement(s) (Appendix X). Each additional or superseding PERIOD shall be on the forms specified by the particular State agency, and shall be inooq}orated into this AGREEMENT. B. Funding for the first PERIOD shall not exceed the funding amount specified on the Face Page bercof. Funding for each subsequent PERIOD, if any, shall not exceed thc amount specified in the appropriate appendix for that PERIOD. C. This AGREEMENT incoq~orates thc Face Page attached and all of the marked appendices identified on thc Face Page hereof. D. For each succeeding PERIOD of this AGREEMENT, the parties shall prepm~ new appendices, to the extent that any require modification, and a Modification Agrcemant (the attached Appendix X is the blank form to be used). Any terms of this AGREEMENT not modified shall remain in effect for each PERIOD of the AGREEMElqT. To modify thc AGREEMENT within an existing PERIOD, thc parties shall revise or ex~-r~plct e the appropriate app,mdix form(s). Any change in the amount of consideration to he paid, or change in the term, is subjcct to thc approval of thc Office of the State Comptroller. Any other modifications shall be processed in accordance with agency guidelines as stated in Appendix Al. E. The CONTRACTOR shall perform nil services to thc satisfaction of the STATE. Thc CONTRACTOR shall provide services and meet the program objectives summarized in the Program Work Plan (Appendix D) in accordance with: provisions of this AGREEMENT; relevant laws, roles and ~guintions, administrative and fiscal guidelines; and where applicable, operating certificates for facilities or licenses for an activity or progrant F. If the CONTRACTOR enter$ into subcontracts for the performance of work pursuant to this AGREEMENT, the CONTRACTOR shall take full responsibility for the acts and omissions of its subcontractors. Nothing in the subcontract shall impair the rights of the STATE under this AGREEMENT. No contractual relationship shall be deemed to exist between thc subcontractor and the STATE. G. Appendix 3,. (Standard Clauses as required by the Attorney General for all State contracts) takes precedence over all other parts of this AGREEMENT. 1I. Payment and Renortin~ A. The CONTRACTOR, to be eligible for payment, shall submit to the STATE's designated payment office (identified in Appendix C) any appropriat~ documentation as requ/red by the Paym~t and Reporting Scbedule (Appendix C).and by agency fiscal guidelines, in a manner acceptable to the STATE.. B. Thc STATE shall make paymants and any reconciliations in accordance with thc Payment and Reporting Schedule (Appendix C). Thc STATE shall pay thc CONTRACTOR, in consideration of contract services for a given PERIOD, a sum not to exceed the amount noted on thc Face Page hereof or in thc respective Appendix designating the payment tunount for that given PERIOD. This sum shall not duplicetc reimbursement from other sources for CON'fRACTOR ccets and.se~ices provided pursuant to this AGREEMENt. C. The CONTRACTOR shall meet the audit requirements specified by the STATE. HI. Terminations A. This AGREEMENT may be torminated at any t/me upon mutual written consent of thc STATE and thc CONTRACTOR. B. The STATE may terminate this AGREEMENT immediataly, upon written notice of termination to the CONTRACTOR, if the CONTRACTOR fails to comply with the tin,as nmi conditions of this AGREEMENT and/or with any laws, rules, regulations, policies or proceduros affecting this AGREEMENT. C. The STATE may also terminate this AGREEMENT for any reason in accordance with provisions set forth in Appendix Al. D. Written notice of termination, where r~iuived, shall be sent by personal messenger service or by ce~ified mail, return rcceipt requested. Thc termination shall bc effective in accordance with terms of thc noticc. E. Upon receipt of notice of termination, the CONTRACTOR agrees to cancel, prior to thc effective date of any prospective tcrminatinn, as many outstanding obligations as possible, and agrees no! to incur any new obligations after receipt of thc notice without approval by thc STATE. F. Tha STATE shall be responsible for payment on claims pursuant to services pwvided and costs incu~-ed pursuant to terms of this AGREEMENT. In no event shall the STATE be liable for expens~ and obligations arising from the program(s) in this AGREEMENT after the tenninatinn date. IV. Indenmiflcation A. The CONTRACTOR shall be solely responsible and answerable in damages for any and all accidents and/or injuries to persc~s (including death) or property arising out of or related to the services to be rc'adered by the CONTRACTOR or its subcontractors pursuant to this AGREEMENT. 'the CONTRACTOR shall indenmify and hold harmless the STATE and its officers and employees from claims, suits, actions, damages and costs of every nature arising out of the provision of services pursuan! to this AGREEMENT. B. The CONTRACTOR is an indcpondent contractor and may neither hold itsdfout nor claim to be an offic.~, employee or subdivision of thc STATE nor make any claim, demand or application to or for any right based upon any different status. 3 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 F~lcral or State laws, rules or regulations, or as stated in Appendix Al. VI. Safem~rds for Services and Confidentiality A. Services pcrformexl pursuant to this AGREEMENT are sccular in nature and shall be performed in a ~nn~r that does not discriminate on the basis of religious bclief, or promote or discourage adhetcncc to religion in general or particular religious beliefs. B. Funds provided pursuant to this AGREEMENT shall not be used for any pa~isan 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 pumuant to this AGR~-~ shall be maintaimed and used only for the proposes intended under this Agreement and in conformity with applicable provisions of laws and regulations, or spccificd in Appendix Al. APPENDIX A STANDARD CLAUSES FOR NYS CONTRACTS The paties to the nttachcd ceatn~ct, liccose, lease, nmendmenl o~ othcr agreemant of any kind (herelnat~r, #the emmact' or "~is ~ontn~') qree to be bound by the following che~es which axe he. by nmde a I~t of the conln~ (thc word 'Contractor" hm~n re~s to any ps, ty othor limn the Stste, wl~her a comraetor, lice~gr, line,see, lesser, ~ or any othn' I. EXIF. CUTOR¥ CLAUSE. in eccetdance with Se~on 41 of the Slate Finance Law, the Slate shall have no lisbt'lity under tl~ contraat to the Con~racto~ or to anyone else beyond fun.ds npl~'of gated and available f~ 2. NON-ASSIGNMENT CLAUSE. In ecconiance with Seetion 138 of the Stata Finance Law, this commet nmy nat be reigned by d~Contrecto~' ~ ~ di~ ~t ~e ~ ~ in ~ of~ State ~ ~y ~p~ m ~ ~e ~t ~out ~e 5~s ~ ~s~ ~ null a~ ~id. ~e C~, h~, ~ ~ d~t ~ ~s C~ifi~ OfP~ p~ ~ ~de ~A of · c S~ F~ ~w. 3. COMPTROLLER'S APPROVAL. in accordance with Section 112 of the Stale Hnance Law (or, if this cone*act is with the State University or City Unive~alty of New Yndt, Section 355 or Section 6218 of the Education Law), if this conlmct exceeds $50,000 (or thc minimum thr-~d'.olds ~grecd to by the Office of the Slate Comptrol]e~ for cedaln S.U.N.Y. and C.U.N.Y. cone'acts), or if this is an amendment ~' any amount to a contract which, as so amended, exceeds said ~ntute~r amount, or if, by this contract, the State agrees to give something other than moony when the value or reasonably estimated value of' sgch consideration e;(c~ $ I 0,0Q0, it shall not be valid, =lfectivo or binding upo~ the Slate undl it has been nlqxoved by the State Comptroller and filed in bis office. Comptroller's aplx~val of oootrects let by 1be Office of Oanand Services is r~qui~d when such contracts exceed $85,000 (Stale Finance Law Section 163.6.n). 4. WORKERS* COMPENSATION BF.,NEFITS. In accordance with Sectin~ 142 of the Stste Finance Law, this conb'ect shell be void nmi of no force nnd effect unless the Contractor shell provide and nwintain coverage during the life of this contract for the benefit of soch employees as are required to be co~wnd by the provisions of the Workers' Compensation Law. 5. NON-DISCRIMINATION REOUIREMENTg. To th= e~tte~t required by Aflinlc 15 of the Executive Law (also known as thc Honmn Rights Law) and all other Stale and Fedend stsmtory nmi conslitufional non-dL~rimina~ion provisions, the Contractar will not discrlmkmteagalnat n~y employee or applicznt for employment because of race, creed, color, sex, antlonal odgln, ~xual m~enta~inn, age, disobility, gen~in predisposition or carrier status, or mm'iml statuz. Fmthennoee, in nccordence with Section 220-e or'the Labor Law, if this is n contreet for thc conslmctinn, nltcrati on or repair of any Imbl lc bui Idin8 or publin work or for the manuthcture, sole or dimrib~linn of matetinls, equipment or suppliex, and to the extant that this comrect shall be petfcemed within the State of New York, Con~n~or agrees that neither it r~' its sobcommeto~ shall, by rasson ofraue, creed, color, disability, sex, or national origin: (n) discriminate in hiring against nny New York State citizen who is qualified and nvallzble to perfo~n the work; or (b) discrlminate against or imimidate any employee hired for the pe~o~mance of work under this contract. If this is a building sooAcc contract as defined in Section 230 oftbe Labor Law, then, in nccordance with Section 239 the~of, Conwac~or ngrses that nehbeF it nm' i~ sube~n~ract~ shall by ~ ~ ~ ~ ~, n~J ~ ~ ~ ~ ~li~: ~(b)~~h~ ~pl~b~e ~~b ~. ~b ~ fi~ of S~.~ ~ ~ ~ ~ f~ ~Y ~o1~ ~on ~9 u ~1 ~ ~ ~i~ of ~ due h~ f~ a ~ ~ ~t ~d~. K WAGE ~D HO~ ~O~SIO~. If ~n~ ~ ~ ~de 8 of ~e t~ ~1~ of in ~ my ~ ~ t~ num~ ~ ~ ~ ~ ~ ~d~ in ~ ~ ~w ~ u m ~h in ~1~ ~e ~ ~ppl~mt ~1~ i~ ~ ~lins ~ ~ ~ ~y ~ ~ ~e ~1~ ~, ~~lin ~ ~e~w. ~. NON~OLLUS~ BIDDING CE~FICA~ON. wi~ ~ 139~ of ~ S~ F~ ~w, ~u~, ~ i~ ~ ~ ~ ~ i~fly md ~t ~infion ~ at ~ing ~. C~ ~ ~ ~L at ~e ti~ Con~ ~i~ im bt~ ~ ~ ~d ~k ~n ~ ~ deli~ to t~ S~e a n~ll~ ~g ~i~ion ~ Con~tu(s ~1~ 8. INTERNATIONAL BOYCOTT PROHIBmON. In ac~y~ance with Section 220-f of the Lahe~ Law and Section 139-h of dm Stere Finance Law, if this con~'ncl exceeds $5,000, ~he Contru~or ngrees, ns n matn~al conditim~ of' the contract, that ncitbet thc Contractor nor any sub~andally owned or affiligted peri,m, firm, po~ner~ip or empomtico has participated, is I~tlcipming, or shall panieipata in an intonmtional boycot~ in violation of the fedond Export Administration Aet of 1979 (50 USC App. Sections 2401 et soq,) or regulations thereunder. If soch Con~rectur, or any of the aforesaid affiliates of Contreetce, is convieted or is otherwise found to here violated said lavm or t~ulatiotts upon the final detarminadon of the Uniled Smex ~ ,,il ~I~C~ Dq~ I "iici(J[ or ~qy ~ apprepristu agency of the Unitnd States sobsequant to the commat's execution, soch con,act, amendment or modifi~a~on du~eto shall be rendered forfeit and void. The Contractor shall so notify the Sta~ Comptroller withio five (5) businaa days of suc~ eonvicfico, determination or dispceition of appeal (2NYCRR 105.4). 9. ~. The State ~11 here all of its commo~ inw. equitable sod statut~y fights of sat-off. These rights shell include, but nm be limited to, the Statds option to withhold for the purposes ofsat-offnny moneys dan tu the Contractor under this contract up to a~y amonnts dee and owln 8 r~ the State with regard to this eomrect, any other ccottact with any State depaflmant or agency, incindlng any contraet for n term cemmancing prior to the term of thin 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. The State shall exercise its set-offrights in ec~wtinnco with nomml State prectice~ including, in cases ofset-offpursoant to an audit, the finalization of such audit by the State agcs~--y, its represontatives, or the State Comptroller. June 2006 1~. ~RECORDS. The Contractor shall establish md maintain md accor~ bco~ record~ documents, ac~mts md o~r ¢vidsnco divectiy pa~tinont to perfonmmco ~mder this contract (hctzinaRet, col leotlvol y, #thc Rcoords"). The Renords must he kept for the helance of thereafter. The State Comptroller, the Attorney Ocnetal and my cthcr peram or cotity authorized to conduct an examination, as well a~ thc agancy or agencies involved in this con~aat, aludl havo Kcem to the Records during normal bualnc~ honr~ at aa office of the Cmmactor within tho State of New York or, if no mdt oW~ue is available, at 8 mutually agreeable and remmnable venue within the State, for the term specified above for the porpcees of inspaedon, auditing and ~ag. lbo State :shall take r~monable ate~ to protect from publi~ disulcom'e any of the Records which an: exempt from disdcoure under ~ee~ion 87 of the Public Offx:er~ Law (thc 'Statute') provided that: (0 the Contractor shall timely inform an appropriate State o/racial, in writing, thatsuJd records should not bo disdceed; and (ii) said records shall be sufficiently identified; and (iii) dssignatim* of esJd recor~ es ~empt undsr thc Statute is re~opdtle. Nothing contained hmln ~dmll diminish, or in any way ad~ly affect, thc State's right to di~ovezy in any pending or future litisatlon. 11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION. (a) FEDERAL EMPLOY-ER iDEIq'rIF1CAT1ON NUMBER amlVor FEDERAL SOCIAL SECURITY NUMBER. All invoioea or New Yoek Stale atandsrd voudtera mbmitted for payment for the sule of gonds or sorvlces or tho laese of real or immmal pv0poty to a New Yodt SUt~ agency mu~t include the payee's idantifieation musher, i.e., the sulla~ or lessuCs idmtification nmnbe~. The number is either the payee's Federal employer identification number or Federel social secu~ty numher, or both sudt numhe~ when the payco has both such numbers. Failare to iuelade this numbes or numbers may dday payracot. Whumthe payee does not have such number or numbers, the payee, on its invoice or New Ymk Stale standard voucher, must give the reason or reasons why the payee does nct have such number or numbers. (b) PRIVACY NOTIFICATION. (I) The aatholity to request thc above personal iafonnatlon from n suller of goods or servlcos or u lessor of resl or personal prope~y, and the nuthority to umitoaln mdt information, is found in Sectio~ $ ortho Slate Tax Law. Disclocore ofthi~ information by the seller or lesenf to the State is mandatmy. The pd nclpal pm'posu for which the infommtlon is collected is to enable the State to identify individuals, businesses and other~ who hevo been delinquent in tiling tax returns or may have understated thek tax liabilities and to gmerally identify persons affected by the taxes edministe~d by the Ct~,bmk~ouer of Taxatlaa md Finance. The ird'ormation will he used for tax ndminlsttation puq~ose~ and for any othe~ paqx~c antheri:;a~ by law. (2) The persmml informatioa is ri:quested by thc purchasing unit of the pursonal properly cove~d by this contr~t or lease. The iafetmatlon is nmlntalned in New York Stam'a Ccoual Accounting System by the Direcxor of Accounting Opet~ons, Office of the Slate C.e~mplroller, I I 0 State Streat, Albany, New York 12236. 12. EOUAL EMPLOYMENT OPPORTUNITIES FOR M [NORIT! AND WOMEN. In aeoordanco with ~:etion 312 of thc Exeeutivo Law, if this contra~t is: (i) a Mitton agreemcot o~ purchase order in~tmment, providing for a total etpanditore in excoss of $25,000.00, whereby a ¢omraating agency is committed to expend or does expead fimds in mum for labor, su~vices, supplies, equipment, materials or my combiuetico of thc foregoing, to be Ire'formed for, or rendered or furnished to the contraating agency;, or (ii) a written agr~mcot in eacesu of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacemcot, major repair or renovation of real propany and improvements thereo~; or (iii) writton agreemeat in excoss of $100,000.00 whereby the o.,mer of a Siam A-2 es~sted boualng prejuet is o,,...-'tted m expand or dues expcod funds for the acquisition, eemm~ioa, demolition, replacumcot, umjor ~it or tea~ltion of mai p, qA~tty nd in~provcegnts Ilegon for sudt J~o~zt, (a) Thc Co~tmctor will not diserimionte against employees er applicants for empleymcot because of race, eneed, co~', national odgln, ~x, age, womon are affordud equal en~oymant oppudunities wi0tont job mi~nmmk ~, .p~ dmtofion, wauefer, layoff, ef termination and rates of pay or other forms ofcompanestion; (b) at the mluest of the comracting agency, the Contractor shall request eaah employment e~ncy, isbce uoioa, or ambotiend represmtatlvo of wonkora with which it has n ¢ollectivo bmgainin$ or cthor agresmcot or undemtmding, to fumid~ a wdum ~ tlua ~h employment agency, labor oninn or re$~mmtativo will not d/a~mionte on the basis of thet tach union or representativo will MYmuetivoly coopareto in the implementation of the contractoes obligationa henein; and (¢) the C~ltractor sludl gate~ in all solicitations or ndvefllsutuents for employes~ that, in the perfomunco of the State crmttaoL all qualified appliesnts will be mTordsd equal umpleymmt opportunities without Contractor will incbids thc provialous of "a", "b", and "c" above, in eva7 suben~tract over $25,000.00 for the consbxtction, dsmolition, replaestomL major repair, rcoovotion, planning or design of md propmy and impn)vononts thereon (the "Work") ~xes~ where the Work is fes the bcoe~cial uaeoftheContrector. Sentinn 312duesnot applyto: (0work, goods or aervices mudated to this contract; m' (ii) mwploymeat outside New Yodc Stata~ or (iii) banking sefl, k:es. insurance policins or the sale of securities. The State slmll conaldes compliance by a conlra~or of subcontractor with the requirements ofm~y federal law conce~ing equal employment oppummity which effectuates the purpose of thls section. The oontrec~ng agency shall determine whether the imposition of the requirements of the provisions hesuof duplicote or conflict with any such fedcreJ law and if such duplication or conflict exists, the contrming agency shall waive the applicoldlity of Seedon :312 to the extent of such duplication or conflict. Contractor will comply with all duly e,,.mlgated and lawful roles and ragulaffoon of'the Govca~o~s Ot~ice ot'Minority and Woman'a Business Development pa~aioing he, cio. 13. CONFLICTING TERMS. In the event of a conflict between the terms of thc conlract (including any and all attnchmonta thereto and nmendm~nts t/m~o0 and the terms of this Appendix A. the tsnns of this Ap~ndix A shall eonWoL 14. GOVERNING LAW. This conlrKt sludl he governed by the laws of the State of New York except where the Fcde~al supremncy clause Zecluires othenvlse. 15. LATE PAYMENT. Thueliness of~t am/any interest to he paid to Contractor for late payment shall be govm~ed by Article I 1 -A of the State Finmce Law to th~ ~xtmt required by law. 16.~. DiRoutes involving this contract, including the bres~h or alleged bfmK:h thesuof, may not he submitted to binding ashitn~tion (cxccpt wheFe slatutorily authorized), but must, instead, he heard in a court of compctent jurisdictioa of the State of New York. J~e2~6 17. SERVICE OP PROCESS, In nddi6on to the methods of service allowed by tho State Civil Practice Law & Pules ("CPLR"), Conunctor m~il, retom reccipt requested. ~rvJca ber~nder shall be campl~e upon ContrectoPs antuel receipt of process or upon ~ Ste~s tec~pt of the mum thereof by ~ United Stal~ Pcatel Service es ~uand or undeliverable. Contractor must promptly ~otify the State, in writing, of cach and cve~/change of address to whi~ anrvice of Mo~es can be nm~c. Service by thc State to the last knovm address shell be sufficient. Contrec~ will have thirty (30) calemiar days a~r service hereunder is complete in which to respond. lg. PROHIBITION ON PURCHASE OF .TROPICAL HARDWOODS. Thc C~ntmctor ce~fle~ and wmrants that all wood prnducts to be usnd under this contract awonf will be fa accordance with, but not limited to~ the apecifications and provisions of Smtc Finoncc Law §165. ~Use of Tropical Hardwoods) which pa~ibits purchase and use of tropical hardwood~ unlms specie,ally ~empte~ by the State or any governmental agoncy or politi~l subdivision et public benciil gotporction. Qualification for ~n ex~nption ond~'this haw will be the responsthility of the contractor ~o establish to meet with the approval of~e S~te. In nddilimh.when any poRion of this contract involving the xtse of woods, whether supply or inst. nlletiotl, is to be pea'formed by any subeonlmclm', the psime Comractor will indicate ami car ti fy in the anblnitted bid ps ~osal that the subeontractor has been inf~med and is in cemplfan~ with specifications and ptovlslona regnrdlng use of Irpplcal hardwoods se detailed in §165 State Finance Law. Any such use must meet with the approval of thc State; otbeswlse, thc bid may not be considgged respon siva. Under bidder certifications, p~f of qunlificalion for exemption will be thc teaponsthili~ of the Contrantor to meet with the aMlrovnl of the State. 19. MACBRIDK PAIR EMPLOYMENT PRINCIPLE$1nac~rdance with the MncBri~e Fair Emplo~'i~at Principles (Chap~r 807 of the Laws of 1992), thcConttactor heathy s~ipolatm that the Contractor either (a) bas no business opemllom in Northern I~-Iond, or (b) shall take lawful steps in good faith to conduct uny bminess operations in Northern Ireland in nccordnnca with the MncBrlde Fair Employment P~nciples (as described in Section 165 of the New Ymk State Finsuce Law), and shall ponnit independent monitoring of cempllance with such painciple~ 20. OMNIBUS PROCUREMENT ACT OF 1~. It is the policy of New Ycek Slate to maximi~ oppo~unitiea for the pa~icil~tion of New York State business eme~'is~, including mionrity and women-m~ned businms enterpris~ es bidders, subconuactors and suppliers on its procuremcet contracts. Infornmtion on the avnilabiliB, of New Yod~ State subcontraetm and suppliers is available from: NYS Depamnent of Economic Development Division flor Small Business 30 South Pearl St - 7* Floor Albany, NewYod~ 12245 Telephone: 518-292-5220 Fax: 518-292-5884 http://w.,vw.emplre.stat e. nF u s A-3 A directmy of certified minority and women-owned bosinc~ cete~'ises is avcilchle from: NYS Dapertn~nt of I~ononic Development Division of Miondty and Women's Business Devek~mmt 30 $o~th Pond St - 2mi Floor Alhcny, New Yogk 12245 Tdqdmon: S I ~-292.-5250 Fax: 518-292-5803 'l'on Omnibm pmonmnem Act of 1992 requirm tbet by s~ning thls bid total bid amount is gt~cater than $1 million: (a) Thc ~ ban made reasonable effmts to encourage the participation of N~v York State Business Ente~rises as suppliers and anbeomracto~ factnding ca~li~d miontlty nnd womce-owned business ciforts to be provided upon request to the State; (b) ~ Coati'actor hca complied with the Fedts~l Equal Oppommity Act of 1972 (P.L. ~2-261), an amonded; (c) Tbe Conlractor a~*ces to make rcasunabie effor ts to provide ontificttsion to New Yo~k State ~zcidont~ of employment oppmtunide~ on this projeet du~ugh listin~ any such positions with the Job Service D~ of the Nzw Yc~k Stain l~t of Labor, or providing su~ n0tifieation in such msnn~r ss is consistent with existing cellective bargaining contcaets Wovido said donnnentadon to the State upon nxtu~st; end (d) The Contrae~r acknowiedgca nolioe that tbe Stain may seek to obtain oft'set eredtta ~om foreign conmtles as a rcault of this contmc~ and e~ecs t0 conparnte wlth the State in thcse cffom. 21. RECIPROCITY AND SANCTIONS PROVISIONS. Bidders me hereby no(ified that if their principal pface of business is located in a country, nction, province, ~ate or polidcai subdivision that lgnalizes New York State vendors, ami if the $onds or ae~vices they offer will be ~bstantially prodaoM or pe~fmmed ontaldoNewYodt Sta~e, tbe Omnibus Pmouremant Act 1994 and 2000 amandm~nta (Cbelzer 684 and Chapter 383, ~vely) t~q~it~ thct thcy be dmied onm~-aet~ whlch they wo~ld cthctwise obtain. NOTE: As of lVlay 15, 2002, the list of discsiminctevy j ut~dlctiops subject to thia provi~on in¢l~ca the states of South C.a~olina, Alaska, West Virginia, Wyoming, Louis~ona and Hnvmii. Cont,~t NYS Depam'nent of Eonnomie Devcio~wnem for a current list of jurisdictions subject to this Wovislon. 2~. pI~CHASES OF APPAREL In accordance with State Fionncc Law 162 (4-a), thc Stateshcll not pu~=hase any apparel f~om any vendor unable o~ unwilling to sertif~t that: (i) such ~¢1 was mnonfaetured in compliance with all applicable labor and occupational safety laws, including, bul not limited to, child labor laws, wage and hours laws and wo~placa sefcty laws, and (ii) vendor will supply, with its bid (or, if not a bid situation, prior to or at thc timc of'signing n contntct with the State), if known, the names and ndthl~c~ ofcach sul~'ontractor and a list of all manufactu~g plants to be udlized by the bidder. J~e2006 IL APP]~qDIX A1 AgencY-Sl~cific Clauses This Agrocmeni has b~n entered Into Imranant to the following m~derstsndings: A, Title 11 of thc Envirunm~tal Protection Fund Act provides for State assistance to municipalities for the Stat~ share of the cost of approved local waterfront rovitel/zation projects as defined in the Act. B. Thc Department of State (I~ent) is authorized by such Act to evaluate and determine eligibility of applications for funding of projects. C. Based upon information, represenmti&~s and ce~ifications contained in Contractor's application for funding, including the Program Wodc Plan as set forth in Appen~ D, the Depnmnent has made a detomination of eligibility of funding for Contractor's project under such Act. Do Smte funds (Funding Amount set forth on the Fa~ Pago) for this Project (Appendix D Pro.am Work Plan) are provided pur~nant to a mq~opriation of funds originally made by Title 11 of the Environmental Protection Fund Act. E. l'ne Contractor hns demonstrated its ability to finance its share of the Project and hes agreed to fund its portion oftbe cost oftbe Project. F. The 2008 "Request for Applicntions" required the Applicant to budget for costs associated with training for projects which fall u~der the following categories: Visioning and Development of Local or Regional Revitalization Strategies, ComPleting or Implementing a Local Watea f~uat Revitalization Program, Preparing or Implementing Waterbndy/Watershed Manngement Plans, Downtown and Hamlet Revitalization, Urban Waterfront Redevelopment, Creating a Bluewny Trail, Adapting to Ciimnte Change, Interpreting Waterfront Resources - New York State Constal Resources Interpretive G. Wbere ConUnctor is required to attend training session(s) in Appendix D, Program Work Plan, thc Contractor agrees to participate in the designated training session(s). The Dcpaximent will nntify the Contractor when training session(s) will be held. The Contractor alp~es to subngt payment for the required regislration fee(s) in accordance with the notification lct~er from the Depamnent. H. Failure of the Contractor to transmit the registration fees or attend the training session(s) will result in the withholding of payments in the amount of the registration fee(s) and could result in this contract being terminaled. In no case should the funds allocated for training be used for any other propose without prior approval of the Department. General For the pu~oses of this Agreement, the terms "State" and "Department" are int~'changeable, unless thc context requires otherwise. In addition, the terms "Agreement" and "Contract" are interchangeable, unless the context rcquires otherwise. B. The contract period as set fo~h on the Face Page is the inclusive period within which the provisions of this Agreement shall be performed. C. No linbilities incurred prior to the contract period will be cligiblc under this Agreement, No liabilities are to be incurred beyond the contract period and no costs will ho reimbursed for such liabilities unless: 1) funds have been reappropriated for thc Project in the subsequent State fiscal year, 2) the Department determines that it is in the best interest of the Department and the State to Al- 2 provide additional time to c~iul,lctc the Project and 3) an extension agrccment is approved in accordance with Section IA. of thc Agreement. Subject to the availability of funds, do, t.,'iiiination by the Depamnsnt that it is in the best inten~t of the State, and upon mutual written consent of the paRies, the Initial Contract Period of this Al~cement may be extended byup to two contract periods not to excend twelve months each. The pm'tics shall revise or complete the appropriate appendix form(s), which may be subject to approval of the Offica of the State Co~rolicr. F. To modify any terms of this Agreement within an existing period, the panics shall revise or ~omplcte thc appropriate nppandix form(s), which may be subject to approval of thc Office of the Slute Comptroller. G. The Deparm~ent shall not be liable for ~ of any kind incurred in excess of the State Funds as ~ forth on the Face Page, and shall not be responsible for ~.k~ng additional appropriations or other ~ourees of funds for thc Project. The Conunctor shall po'form aH services to the satisfaction of the DepatUnont. The Conm~ctor shall provide all services and mec~ thc program objectives dcsoribed in Appendix D in accordance with: provisions of this Agreement; relevant State, federal and local laws, rules and regulations, administrative and fiscal guidelines; where applicable, operating certificates for facilities or licenses for an activity or program, and conditions of applicable pea~liits, administrative orders and judicial xbe contractor shall submit with its request for final payment a Final Project Summary Report in the format described in Appendix Al, Attschment. TI~ Contractor agrees to proceed expeditiously with the Project and to complete thc Project in accordance with the timetable set forth in the Work Plan (Appendix D) ns well as with the conditions of any applicable permits, adrninislrutive orders, or judicial orders nmi this Agreement. The Contractor shall submit a Qus~erlv Conl~actor Renort (Appendix Al, Attachment 2) pursuant to the Department's Minority and Women-owned Business Enterprises Program. In the event Contractor mllizes Minority and Women-owned Business Enterprises as discussed in Section X'VI in Appendix Al, such report shall be provided to the Department at the addr~s on thc Quarterly Contractor Report. The Contrector shall submit a "Project Status Report" (Appendix Al, Attachment 3) on a six month basis for thc periods ending Junc 30 and Decemhcr 31. Repor~ are due no later than 30 days following the end of esch reporting period. Additional Reouirements for Construction Projects Project design, including preparation of final plans and specifications, and supervision of construction shall bc undcrtaken by a qualified architect and/or engineer licensed to practice in thc State of New York. Thc Contractor shall submit £mal plans and specifications to the Department for. its acceptance before initiating construction work or, if the Contractor intends to subcontract for construction work, before thc work is advertised for bidding. No change to project plans may bc made without thc prior written approval of thc ~ent. Thc Contractor shall also be responsible for erecting a project sign satisfactory to thc Dcpartment identifying thc Project. Thc project sign shall rcraain in place for thc nscfu] life of thc improveraents undc~aken pursuant to this Agreement. Upon completion of thc Project, the Contractor shall submit to thc Dcpartment a proper certification from a licensed architect or enginccr. Al- 3 VI. Bo The State shall make periodic inspections of the project both during its implementation and after its c~mpletion to assm'e compliance with this Agreement. The Comractor shall allow the State unrestricted access to work during the preparation and pro~;resa of the work, and lnovide for such access and inspection by the State in all construction contracts rehting to the project. Co Thc Contractor shall be reslxmSible for assming that the project is designed and ennmucted in conformance wi~h the Uniform Federal Accessibility Standards (UFAS - Appendix A to 41 CRF part 10l-I 9.6), the Americans with Disabilitie~ Act Accessibility (}uideline~ (ADAAG - Appendix A of. Title 9 NYCRR). Where there are di~crepsncies among ~h¢ sets of standards with regard to a particular design/anusUnotion requirement, the one providing for the greatest degree of accommodation for the disabled shall apply. It is the Contractor's respomibilily, pursuant to Section 57 of the Workers' Compematlon Law, to . maintain for State audit and re~iew eithe~ proof thai they have Workers' Compensation coverage for any employees, or a waiver slatement from the New York State DepaRment of Labor. The Contractor must also obtain from any contractor or sub-contractor hired to provide a service pur~nnt to this Agreement, similar proof or waiver from the contractor or subcontractor, and must l~sintail~ such documentation on fde for audit. Rcuorts. Documents and Mans The Contractor shall, where appropriate, identify documents, reports, and maps produced in whole or in par~ 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." License to use and ranroduce documents and other works: By acceptance of reis Agreement, Contractor transfers to thc Department a nonexclusive liceus~ to use, ~-produce in any medium, and distribute any work prepared for or in connection with the Project, including bm not limited to reports, maps, designs, plans, analysis, and documents regardless of the medium in which they are originally produced, Contractor warrants to the Depamnont that it has sutT~cient title or imc~st in such wo~s to license pursuant to this Agreement. Such warranty shall survive the tc~n~natinn of this agreement, Contractor agrees to provide thc original of each such work, or a copy thereof which is acceptable to thc D~artment, to the Dcpartme~ before payments shall be made under this Agreement. Contractors Insurance Reouirements Prior to the commencement of the work, the Contractor shall file with the Department of State., Certificates of Insurunce evidencing compliance with all requirements contained in this Agreement. Such certificate shall be of form nmi substance acceptable to the Deportmant. B. Acceptance and/or approval bythe Department does not and shall not be construed to relieve Contractor of uny obligations, mspousibilities or liabilities under the Agreement. Co All insurance required by thc Agrecmem shall be obtained at the sole cos~ and expense oftbe Contractor;, shall be maintained with insurnnce carriers licensed to do business in New York State; shall be primary and non-contributing to any insurance or self insurance maintained by the Department; shall be endorsed to provide written notice be given to the Department, at leas~ thkty (30) days prior to thc cancellation, non-renewal, or material alteration of such policies, which notice, evidenced by return receipt of United States Certified Mail which shall be sent to New York State Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, New Yod~ 12231-0001; Al-4 and shall natne the People of thc State of New York and their direet~s officers, agents, and ea~ployees as additional insured thereunder. D. Thc Contmetor shall he solely responsible for the paymeat of all deductibles to which such policies E. Each inmxranc~ carrier must bo rated al least #A" Class "Vli" in the most recently published Beat's Insu~nce Report. If, during the term of the policy, a carrieffa rating falls below "A Class *VII", th~ insurance must bo replaced no later than thc renewal date of thc policy with an insurer acceptable to the Department and rated at least "A'* Class "VH" in thc most r~ently published Beal*s lusuranoe Report. F. The Cont~aetor shall cause all insurance to bo in full force and ~fect as of the date of this Agreemem and to remain in full force and effcet throughout thc I~am of this Agreement and as furthor re4uirod by this Agreement. The Contractor shall not take any action, or omit to take a~y action that would suspend or invalidate any of the roquimd coverages during the period of time mr, h ouverasns are required to be in effect. G. Not less than thirty (30) days pl4or to tho expiration date or renewal date, the Conlrac~r sl~ll supply the Department updated replacement Certificates of Insurance, and mendatory endorsemeats. H. Unless the Contractor salf-insored, Contractor shall, throughout the't~ of the Agreement or as otherwise required by this Agreemem, obtain and maintain in full force and effect the following insurance with limits not less than ~o~e described below and as required by the terms of this Agroeraent, or as required by law, whichever is greater (limits may be provided through a combination of primary and umbralla/excass policies). Where Contraetor is self-insured, the Con.actor shall provide suitable evidence of such to the Depamnent relating to the risks and coverage amounts as provided hereunder. Comprehensive Liability insornnce with a limit of not less than $1,000,000 each ocotrrence. Such liability shall be written on the Insurance Service Office's (ISO) occurrence form CG 00 01, or a substitute form providing equ'n~alent coverages and shall cover liability arising from premises operations, independent conm~ctors, products-completed operations, broad form pwpefly damage, personal & advertising injury, owners & contractor~ protective, cross liability coverage, liability assumed in a con~raet (including the tort liability of another ammmed in a contract) and explosion, collapse & undetgrooud coverage. a. If such insurance contains an aggregate limit, it shall apply separately to this location. bo Products and Completed Operations coverage shall include a provi.'sion that coverage will extend for a period of at least twelve (12) months from the date of final comple~inn and acceptance by the owner of all of centractors work. Where the Project described in Appendix D includes the censlxuction of any structure or building, a Builder's Risk Policy until the Project is completed mad accepted in the amount of lbo total project cost. Workers Compensation, Employers Liability, and Disability Benefits as required by New York State. Workers Compensation Policy shall include the U.S. Longshore & Haflx)r Workers' Compensation Act endorsement. YH. Al-5 4. Col~it,/¢hensive Automobile Liability Insuranoe wilh a limit of not less than $ 1,000,000 each accident. Such insurance shall cover liability arising out of any automobile including owned, leased, hired and non owned automobiles. 5. Comincrcial Propm'ty ~ covering at a minimum, the pe~ls insu.n}d under the ]SO Spesia] Clauses of Loss Form (CP 10 30), or a substitute form providin~ equivalent coverages, for loss or damage to any owned, bun~owed, leased or reared capital equipment, tonls, including tools of their agants and employees, staging towers and forms, and property of the Depata~ent held in their care, custody nncttor control. 6. An Own~s Proteetive Liability Policy with limits no less than $1,000,000 in the name of the Contractor. I. Professional consultants it~tuincd by the COntractor in connection with the Project shall show evidence of professinnal liability insurance with limits no less than $1 million. Proneflv Pursuant to the provisions set forth in Section V, Page 3 of this/~ the ownership of all ~ descn'bed therein shall reside with the Contractor unless otherwise.specified in writing by the Depamnent at any time during the term of this Agreement and up to thirty (30) days following thc issuance of the final payment. Bo Contractor warrants that it has fee simple or such other estate or interest in the site of the Project, where the Project is nndea~aken at a site, ino]uding easements and/or rights-of-way sufficient to assure undisturbed use and possession for the pmpuses of construction and operation for the estimated life ofthe Project. Contractor further acknowledges that where such project is undertaken on or involves the use of lands for active or passive recreational use, it is a matmial term of this Agreement that such lands shah be available for such re~cetional use by the People of the State of New York. Additionnlly, Cnntraetor shall not limit access or disoriminate on the operation ofthe facilities against any person on the basis of place of residence, race, creed, color, national origin, sex, age, disability or marital status. VIH. Date/Time Warranty Contractor warrants that product(s) fumisbed pursuant to this contract shall, when used in aecordance with the product documentation, be able to accurately process date/time data (including. but not limited to, calculating, comparing, and sc:quenci~) transitions, inctuding leap y~ar calculations. Where a Con~'actor proposes or an acquisition requires that specific products must perform es a package or system, this warranty shall apply to the products as a system. Where Contractor is providing ongoing services, including but not limited to: i) comulting, integration, code or data conversion, ii) maintenance or support services, iii) data entry or processing, or iv) contract administration services (e.g. hiHiag, invoicing, claim processing), Contractor warrants that services shall be provided in an accurate and timely manner without intea~mption, failure or error due to the inaccuracy of Contractor's business operations in processing date/time data (including, but not limited to, calculating, con-q~'in~ and sequencing) various dare, tinge transitions, including leap year calculations. Contractor shall be responsible for damages resulting from any delays, errors or untimely performance resulting there fi'om, including but not limited to the faihtre or nntimaly performance of such services. Al- 6 C. This Date/Time Warranty shall survive beyond t~mination or expiration of this Contract through: a) ninety (90) days or b) thc Conttactoffs or Product n~m ff~tom-/developet's stated datoRin~ warrant~ term, whichever is longer. N0thlnE in this wnn'anty statement shall be construed to limit any rights or remedies otherwise available undar this Contract for breach of warranty. Thc Contractor may charge a reasonable fee for the use of any facility which is part of the project. Except for the imposition of a differ~tial fee ~.,hedule for non-rezidents of the municipality in which the project is located, the estsblialuneat of any prefea~-ntial user fen for any p~raon or entity is prohibited. Fees charg~ to non-residents shall not exceed twice those cherged to residents. B. Wherc there is no charge for residents but a fcc is charged to non-residmts, non-resident fees cannot exceed fees charged for residents at comparable Siatc or local public facilities. C. Reservation, membership or annual permit systems available to residents must also be available to non-residents and the period of availability must be the same for beth residents and non-residents. D. This provision do~ not apply to non-residents' fishing and hunting license fees. Ali~_atlon Where the project is undertaken on or involves parklands or public waterfront land, the following additional provisions apply: Ao Thc Contractor shall not at any time sell or convey any facility or any portion oftbe project acquired or developed pursuant to this Agreement or conve~ such facility or ny portion of the project to other than public park or public waterfront purposes without the expres~ authority of nn act of the Legislature, which shall provide for the substitution of other lands of equal fair market value and reasonably equivalent nscfulness and location to those to be discontinued, sold or dispo~d of, and such other requirements as shall bc approved by State. "~he ContraCtor'agrees to own a prop~ty interest sufficient to maintain and operate the project in perpetuity. The Conuactor shall not authorize the operation of the project, or any portion thereof, by any other person, entity, or organization pursuant to any managen~ant agreement, lease or other arrangement without f'~t obta'ming the written approval of the State. XI. Subcontractint Reoniromants A. The Contractor may subcontract for all or any portion of the activities covered by this Agreeraent as provided for in Appendix D, subject to prior written approval by the Department of any subcontractor and the terms of any subcon~xect. Subec~ractors shall comply with all applicable requirements of the Agreement betweea thc Contractor and thc State. XH. Compliance with Procurement Reouirornents A. AIl contracts by monicipulities for service, labor, and coustmction involving not moro than $35,000 and purchase contracts involving not moro than $10,000 are subject to the requirements of General Municipal Law § 104-b, which r~luirea such contracts to comply with the procurement policie~ and procedures of the municipality involved. All such contracts shall be awarded after and in Al- 7 accordance with such municipal pro.dura, subjcot to any additional requis~a~mts hnpesed by the Slate as sot forth in Appendix D hereof. B. Thc municipal attorney, chief legal officer or financial administrator of the Contractor shall cattily to the Dcpartmcot of State that applicable public bidding procedures of General Municipal Law §103 wc~ followed for all service, labor, and construction contracts involving more than $35,000 and all purohasc contracts involving more than $10,000. In the came of contacts by monicipalitias for service, labor, and construction involving not more than $35,000 and purolmse contracts involving not more than $10,000, the municipal attorney, chief legal officer or financial administrator shall ce~ify that the procedures of thc municipality established pursuant to Gcnc~l M~nicipal Law §104-b were fully complied with. C. Ail contracts by non-municipal entities such as a community-based organization, shall have its chief legal officer or financial administrator ccflify to thc Stat~ that alternative proposals and quotations for professional servic~ wer~ seeured by use of written r~acsts for proposals through a publicly advertised process to cusure the prudent and economical usc of public funds for professional services of maximum quality at rcnsonable cozt. XHL Rcouirements for Contract GIS Products (2/04) A. GENERAL MAP PRODUCT REQUIREMENTS ~The following general cartographic requirements must be adhered to by the Contractor:. 1. Map Products - Thc Depm'tment requires dcliv~y of digital map products, unless otherwise specified in the Request for Proposal (RFP), that meet the specifications outlined in this . GENERAL MAP PRODUCT REQUIREMENTS section and the ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS section. If analog map products are required by the · RFP, they must meet specifications outlined in this GENERAL MAP PRODUCT REQUIREMENTS section and the ADDITIONAL DIGITAL-READY MAP PRODUCT REQUIREMENTS section. Deliverable Format - All digital map and attribute table files 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 WinTJP file) or downlo~4ahle from an tip site on the Intorn©t. Alternatively, the digital products ma~ be provided in Archffo/GIS export format (.cO0) or ArcView shape file format on the same media types upon approval of thc I~t. All othcx digital fi~mats require prior approval of the Department. Coordination with the I)c~t prior to submission of digital media i~ required to casurc compatibility of thc delivered mate~'ials. Documentation -- A data dictiousty must be included along with the map files describing file contents and file names, as well as metadata for each file including map projection, horizontal ami vertical datums usc~ coordinate system, RMS accuracy and log shc~, information souwns and dates, th~ map maker and date of preparatiort, and creation methodology. Data provided under federal funds must be provided in a Ipnnn~' which meets Digital Gcospatial Federal Geographic Data Committee Metadata Standard as executed by Exeeutiva Order ! 2906, April 11, 1994, "Coordinating Geographic Data Acquisition and Access: the National Spatial Data Infrastructure". Map Accuracy - Unless othcrwisc stated in the RFP, all deliverable map products must conform to National Map Accuracy Standards for horizontal and vertical accuracy as established by the United States Bureau of the Budget, June 10, 1941, revised June 17, 1947. For example, for maps at 1:20,000 or smaller, not more than 10% of the well-defined map points tested must be AI-8 more than 1/50 inch (0.508 mm) out of correct position. At 1:24,000, this tolerance translates to a r~uired horizontal accuracy of 40 feet. ffby prior ngreemem with the Dq~artmeut the map product does not conform to National Map Aceu~acy Standards, thlm a slatcogut of actual map accuracy should be included in the Doctunentation above.. Furth~'more, hydro~phic surveys and maps should conform to recommemled accuracy standard proposed in the joint USGS, NOS, Coastal Maonint Handbook. 1978, Melvin Ellis editor, U.S. Govelmmmt Printing Office, Datums - Unless otherwise spacified in the RFP, all map products should be ref~wcocod to the North American Horizontal Datum of 1983 (IqAD83) and the National Geodetic V~fical Datum of 1988 (NGVD88). B. ADDITIONAL DIGITAL CARTOGRAPHIC FII.I~ REQUIREMEN'rs -- The following cartographic construction requirements must be adhered lo by the Contractor: Edge-matching - All map sheets must be both visually and coordinate edge-matched with adjacent map sheets. No edge-match tolerance will be allowed. Attributes for splitable features must also be identical. 2. Common Boundaries - Ail featmes that share a common boondao', regardless of map layer, must have exactly the same coordinate position of that fcev, wc in all conm~ofl layer. 3. Point Duplication - No duplioation of points that nccur within a data string is parmitted. Connectivity - Where Ipaphic elements visually meet, they must also digitally meet. Ail confluences of line and polygon data must be exact; "ovembeots", "undershoots", "slivers", or "offshoots" are NOT permitted. Line Quality - A high quality cartographic appearance must be achieved. Transitions from straight lines to cm'vilinear elements must be smooth, with angular inflections at the point of intersection. The digital representation must not contain 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. Polygon Closure - For area featurm being digitized, the last coordioate pair must be exactly (mathenuttieally) equal to the first coordinate pair. No line or polygon must crees itself except to join at an actual conlluencc. All digitized features ac, ross map boundaries must be edited to eff~t smooth and continuous lines. Graphic Precision - Positional coordinates for all digital graphic elements should not be reported to a level ofprecisioo greater than one thousandth (.001) of a foot. Digitizer Accuracy - The required RMS error for digitizer accuracy must be 0.003 or better for digital map registration. C. ADDmONAL DIGITAL-READY MAP PRODUCT REQUIREMENTS -- The following requirements for large scale, non-digital map products must be followed to facilitate the future conversion of thc maps to digital map products. Ail large fommt, non-digital map products must be provided on stable base material at a scale stipulated in the RFP. The map products must include an index map to all nmp sheets and thorough descriptions of all the cartographic elements portrayed on the maps. Al-9 Base Map Media - All maps must be created on mylar or o~gr stable base material. Map Scale - All maps of a similar series should be created using the san~ beg scale. Unless otherwise stated by the Depamnent, all maps should be compiled at 1:24,000. ff other map scales arc apl.~ ,,,vcd by the Department, where possible they will conform to standard map scales such as 1:9600; 1:50,000; 1:75,000; or 1:I00,000. Map Registration - The maps must provide a minimum of four (4) comer and four (4) interior ticks tied to USGS/NYSDOT quadrangle Latfl_,ong or NY'I'M coordinates. The maps must be geometrically correct and should register when overlaid on th~ app,opriatc USGS/NYSDOT quadrangle control ticks. Map Title and Legend - The maps must provide a title and legend block describing the informati°n contained on the ~ and including the Documentation and Datums information requested in the GENERAL MAP PRODUCT REQUIREMENTS above and the map scale. Cartographic Quality - Thc qunlity of all map line work and symbolization must conform to items 1 - 6 in the nmp eriterln set forth in thc ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS section outlined above. D. CONTRACT DATABASE STANDARDS 1. Delivery Media -- All database and tabular file~ must be provided on digital media as specified above in Deliverable Format. Software Format - Database and tabular files can be provided in Corel Quattro, MicrosuR Excel or Microsoft Access format. Other formats that are convertible to one of the aforementioned formats may be used with prior approval of the Department. Geographic Attributes - Database and tabular fges that contain elements with a geographic reference must provide a corresponding data field and a geographic coordinate pair for each feature location. XIV. Pavmant and Records Retention A. Payments shall be made as set forth in Appendix C. The Contractor shall maintain, at its principal place of business, detailed books and accounting records supported by original doonnentation relating to the incun'in~ of all expenditures, as well as payments made pursuant to this Agreement. The Contractor shall make such rocords available for review by thc Department upon request at any time· The Department shall have the right to conduct progress assessments and review books and records as necessary. The Department shall have the right to conduct an on-site roview of the Project and/or books and records of the Contractor prior to, and for a reasonable time following, issuance of the fma} payment. The Department shall be entitled to disallow any cost or expense, and/or terminate or suspend this Agreement, if the Contractor has misrepresented any expenditures or Project activities in its application to the Department, or in this Agreement, Or in any progress reports or payment requests made pursuant hereto. The Contractor shall maintain such books and accounting records in n manner so that reports can be produced therefrom in accordance with generally accepted accounting principles. The Contractor shall maintain separate fiscal books and records for all funds received through the Dt~ar~rnant pursuant to this Agreement. Al- 10 C. During the f,aus of this Agreement and for a period of siX years after its i~mlnation, thc Contractor shall make all such books and records available to the Departmem and the Office of thc State Comptroller, or their designated repre~entativas, for inspection and audit. XV. Bonal Enmiovmant Oonoflunitv The Conlractor hereby assores that it is, and shnll be for the duration of this Agreement, in compliance with the Federal Equal F. mployment Opportunity Aci of 1972 (Public Law 92-261), as amended. XVI. Article 15-A 9fTbe New York State Executive Law The DepaRment of State administers a Minority and Women-ownad Business Enterprises (MWBE) Program as mandated by Article 15-A of the New York State Executive Law. This law supersedes any other provision in state law authorizing or requiring an equal employment opportunity program or a program for securing participation by minority and women-owned business enterprises. Under this law, all state agencies must, subject to certain exceptions, establish goals for minority ami womea-owned business paflicipetion in certain state contorts and ~rants. Where MWBE goals are required, even in circumstances where this goal is zero, a CO tractor R rt is required to he submitted to thc Minority and Women-owned Business Program of thc Department on forms provided by the Depamnent, as set forth in Appendix Al, Attachment 2. Article 15-A requires that rules and regulations he established for onntracts entered inW by thc Department. In'accordance with Article 1 S-A, goals must be set for contracts entered into 5), the Department in excess of 525,000 for labor, se~ces, supplies, equipment, and materials, or any combination of the foregoing, and for contracts entered into bythc Dcparlme~ in excess of $100,000 for acquisition, construction, demolition, replacement, major repair, renovation or improv~t of real property. In applying these roles and regulations, the Depal'Imant must comider the availability of certified minority and woman-owned businesses in the region in which the state conlmcd will be performed, the total dollar value of the contract, the scope of work to be performed, and the project size and tenn. The contractor will, when required as a pmi of the bid or proposal, submit a ff.~ on the form provided by the Depanmant. This Plan will detail the work force anticipated in the performance of the state contract, reported by ctlmic baclcgronnd, gender, and Federal Occopationnl Categories. After a bid opening and prior to the award of a state contract, the contractor will submit an Equal Emolovmant Oanorttmitv (EEO~ policy Statement to the Department within the time frame established by thc Depardnant. 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 Policy State~nant: · 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 programs of affirmative action to ensure that minority group members and wong~ are afforded equal ~,~loyment opportunities without discrhnination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, affirmative action applies in areas of recruitment, employment, job asslgnment, promotion, upgrading, demotion, Uansfer, layoff, or termination and rates of pay or other forms of compensation. AI-,I1 · The contractor will make active and consdantious effofls to ~ot, loy and to utilize minority group members and women at ali levels and in all scsmcnts of its work force on state conUacta, and thc contractor will document these efforts. · The contractor will state in all solicitations and advc~iscn~nts for employees that, in thc performance of the state contract, all qualified applicants will bo afforded cqnal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. · Thc contractor will, at thc roquest of thc Dcl~, request each ~ployment agency, labor union, or authorized representative of workers with which it has a coUective bar~in/ng or other agreement or understandin~ to furnish a written statement that such employment agency, labor union, or represcotative will not discriminate because of race, creed, color, national origin, sex, age, disability or marital status, and that such union or representative will affirmatively cooperate in tho implementation of thc contractor's obligations berein. · Thc contn~c~r will include thc provisions regardi~ the ~ end the ~ mura~ated above in each and every subcontract of a state.contract in such a manner that thc subcontractor is bound by these rcquircments. · Failure to provide an ~ and a Staffin~ PI~ without reasonable w~ttan justification or co,~-~tmcm to provide these requirements by a specified date will result in rejection of thc contractor*s bid or proposal. · After the award of a state contract, the contractor will submit to the Department a Workforce ~mploymant Utilization Reno,. on the form supplied by the Department, detailing thc work force actually utilized on thc stato contract, by ethnic background, gender and Federal Occupational Categories, as specified on the form. This Rcoort will hc submitted to thc Department on a quarterly basis throughout the life of the contract. · The contractor, and any of its subcontractors, may be requi~ to submit compliance repurts relating to their operations and implernantation of their affirmative action or equal ~.i~loymant opportunity program in effect as of thc date the state contract is cxacutcd. 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 thc NYS Diroaory of Certified Minority and Won~m-owned Business Enteq~ises on-line through thc F, mpire State Development website at: http://www.empire.statc.ny.us and click on NY BIZ. From the list on the top left of the page, click on Small and (]rowing Business and, from that drop-down menu, click on: Minority and Women-Owned Business. On the top of thc page click on the heading "MWBE Directory.** The Dopanmcnt makes no rcpresantation with respect to the availability or capability of any business listed in the Directory. XVH. Notice of Public Prncecdino~ The Contractor agrees to provide the Departmcot with prompt and timely written notice at least two weeks in advance of all public proceedings, including, but not limited to; public meetings or hearings, relating to the Project. Al- 12 XVIIL S-~l~i-qsi0nofall con-es~ndoncem~d documemation A. Unless otherwise stated in Appendix D, thc Contractor agrees to provide thc Department with the required products in the following fommts. All products and shall include thc NYS Compuoilc~s # as indicated on the Face Page of this Agreement and where applicable, reflect the Task # it relates to in the Appendix D; 1. Draft products: two paper copies of each product must bo submitted. 2. Final products: two paper copies of each product must bo submitted. In addition all final products (including repelS, desigea, maps, drawings, and plans) must be subnu'tted as an electronic copy (in Adobe~ Acrobat~ Portable Dnc~t Format - PDF), created using 300 dpi sca~nlnS resolution, and be submitted on a labeled CDR type CD. The CD nmst bo labeled with the contractor imme, contract #, and project rifle. 3. Pictures and photographs must be dated and captioned w/th the location and a brief description of the activity being documented. B. Contractor agrees to provide thc Department with original and one copy of payment requeat docomeatation as de~eribod in Appendix C. XIX. Environmmtal Review Contractor agrees to provide the Department, in a timely manner, with all documentation, including but not limited to, pannit applications, cnviromnental assessmants, designs, plans, studies, enviromnental impact statements, findings, and detenninarions, relating to the Pwjact. Contractor acknowledges that complianoc with thc State Environmcotal Quality Review Act is a material term and condition of this Agreement. In no event shall any payments be made under this Agreement until Contractor has provided Dq~qment with appropriate documanlarion that contractor has met any ~lnircmonts imposed on Conlractor by thc State Environmental Quality Review Act. XX. Default and Termination A. The Department may terminate the Agreement in accordance with the t~,~ and conditions in Section IH. In addition to whntever other reaerved fights it has to tannlnnto the Agreement; thc Department may terminate the Agreement when it is in the beat interests of the State ot (I) for cause, (2) for convenience, or (3) due to unavailability of funds. If the Department determines the Contractor has breached a term of the Agreement and if the Department determines the defect can be remedied, it may issue a writtan notice providing thc Contractor with a minimum of 30 days to correct the defect and the notice may include a prospective termination date. If the Contractor fails to correct the defect or fails to make a good faith effort to do so as deteonincd by the Department to the Department's satisfaction, the D~-pamncot may terminate the Agrccmcnt for cause. The Depa~ment shall also have the right to postpone or suspend the Agreement or deem it abandoned without this action being a breach of the Agreement. The Department shall provide written notice to the Contractor indicating the Ag~ement has been postponed, suspended or abandoned. During any postponement, suspension or abandonment thc Contractor agrees not to do any work under thc Agreement without prior written approval of thc Department. In the cvenl the Agreement is postponed, suspended, abandoned or terminated, the Departmant shall make a settlement with thc Contractor upon an cqnitablc basis in good faith and under thc general compensation principles and rates established in the Agreement by the Department. This settlcmcm Al- I~ shall fix the value of the work which was performed by the Contractor to the Departm~'s satisfaction prior to the postponement, suspension, abandonmem or termination of the Agrccmem. F. Any funds paid to the Contractor by thc De, attract w~ich ar~ not expended und~ the terms of thc Agreement shall be repaid to the Department. XXI. Fullv-Ex~euted Am-o~m~nt or Amendm~t Thereto A. If this Agreement, or amendments thereto, allocates funds totaling $50,000 or less, it shall be deemed to be fully executed when approved and signed by the Contr~tor and the Departm~t. B. If this Agre~m~mt, or am~mdments thc'to, allocates funds totaling more than $50,000, it almll be dcen~! to be fully executed whcn approvcd by the Office of the State Comptroller, A.I, Attachment I FINAL PROJECT SUMMARY REPORT 1. Project Title: 2. Name of Municipality:. Actual Project Costs: a. Stste funds expended (identify source, er. EPF, Clean Water/Clean Air b. Local funds expended: c. Other 6rode expended: Projea Manaser: Name: Title: Mailing address: Tel. number.. Fax number:. E-mail address: 5. Federnl Tax Identification Number:. 6. Project Background (briefly explain in a shorl paragraph why this pmjecl was necassa~y, what its valuc is and/or its importance to the community): 7. Project Work (briefly describe the wod~ that was dom to complete the project): Project Descriptions (use the following guidelines to describe tho project and please be concise in the description): a. For a Planning Project descn'be the findings or recommended st~tegies. b. For a Design Project descn'be what is to be built. c. For a Construction Project describe what was built. 9. Projec~ Measurable Results: To be compk'ted on forms attached. 10. project Documentation: The Dcpanmmt of State, O~ce of Coastal, local Governmem and Community Sustainabillty requires a visual documentation of the Environmental Proteetion Fund projects. Project products should ho visually documented using a 35nun camera or a digital camera. The 35mm color slides nad/or dinitsl cna-,ern disc should be labeled and dated when submitted along with the completed FINAL PROJECT SUMMARY P, EPORT. Visuals should illustrate the final project product and, as appropriate, activities undcrtnkco to complete the project. For example, some pro~ects would call for visuals that include pholographs of volunteers participating in a wetland restoration project (planting Spartina); photographs of historical signs mafiters, kiosks, etc. being placed; or photographs of an artist's rendering of a waterfront design. Design, planning, and construction projects call for different visual documcmation. Tbe~fom, the following guidelines are suggested: For design projects, visuals of tznderings nad/or graphics that depict the final product. For planning projects, visuals of any graphics, wi'me appropriate, thai illustrate the final product. For conatmction projects, visuals ofwerk in progress and Ibc flnishod project. In addition to the 35mm color slides/digitsl camera disc, a video (vhs fom,.at) oftbe project with a vcdml description is desirable but not mandatory. The video may be used in a future documental. Al, Attnc. lm~mt 2 NYS Department of State · Minonty and Women-ore, ed Business Enterprises Program 41 State Street Albany NY 12231-0001 · (518) 474-5741 Minority and Women-owned Business Enterprises (MWBE) Program Quarterly Contractor Report IHSTRUC~OHS: 1. P~ease 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 servlca/product for the Ume period Ide~tified below. 4. Send completed repots to the Mino~ and Wo~en-om~l Business Enterprises Pmgrem at the above address. REPORT PERIOO Report should cover a calendar quarter OR the program year. FROM: TO: Enter the inck~sive dates of the quarter or for the progrem yeer. .~ ,' -' CONTRACTOR NAME PROGRAM ~ CON~ACT NUMBER CONTRACTOR ADDRESS : S~nd~ Area of Cor#~act Work NAUE end TITLE of CONTACT PERSON (Pl~se Print) t TFtFPHONE NUMBER TYPE of DESCRIPTION of AMOUNT PAJD VENDOR NAME and ADDRESS VENDOR SERVICE/PRODUCT THIS PERIOD COMMENTS n IdBE $ ~ WBE [] MBE o WBE [] MSE [] WBE o MBE a WBE o MBE (~ WBE [] MBE n WBE o MBE r~ WBE r~ MBE [] WBE [] MBE [] WBE PAGE 1 of__ Project Status Form RECI~IENT PROJECT TITLE Status Report Date: Task Brief Task Date of percent of # ~ A~ Comoletion ~ Al - Attachment 3 Product Submitted to DOS ADJUSTMENTS - Please indicate proposed adjustment(s) to work program/schedule, reason(s) for the proposed adjustment(s), and any other problems encounlered dnr/n~ this reuorfin~ Der/ed: Person to contact if we have questions about the information pwvided on this form: Name: Email Address: Title: Affiliation: Phone: Fax: Al - Attachment 4 Certification to New York State Department of State that all State and Local and Private Procurement Requirements Have l~en Met (Che~ the paragraph that applies) I he~'eby certify that I am the municipal attorney, chief legal offiee~ or financial adminisWator for thc and that the contra~t/procurement with , appended h~to pursuant in whole or in pm't to · was awarded in accordance ali requirements of law and NYS Depm~meot of Slate Con~a~ No. the following provisions: 1. For Muuicip~l Entities (exc~pt NYC or Borough): __ Applk~ble public bidding procedures of Genend Municipal Law § 103 relating to the procurexnent for service, labor, and/or construction involving more than $~$,000 or pumhase involving more than $10,000. __ procedures nstablished by this municipality pursuant to the General Municipal Law § 104-b relating to the proenrenaent for service, labor, and/or construction involving not more than $35,000 or purchase involving not more than $10,000. 2. For Now York City or Borough: __ AppliCable public bidding procedures of Genend Muuicipal Law § 103 and regulati°ns °f the Procurement Policy Board relating to the procurement for service, labor, and/or construction involving more than $35,000 or purchase involving more than $10,000. __ Procedores established by the municipality pursuant to the General Mun/cipal Law § i04-b and regulations of the Procuremenl Policy Board relating to tho procurement for sorvice, labor, and/or construction involving not more than $35,000 or purchase involving not more than $10,000. 3. For Not-for-Profit Organization or othor entities not listed above: __ AIl requirements of law, including the NYS Not-for-Profit Corporation Law, the bylaws of this organization, and pursuant to a publicly advertised proce~ to ensure thc prudent and economical usc of public funds to obtain maximum quality at a reasonable cost. Title: Date: Atiached - Executed Contract between Contractor and Subconlractor Revised: January 21, 2010 APPENDIX B BUDGET SUMMARY A. Salaricz & Wages ('including Fring~ Benefits) B. Travel C. Supplies/Materials D. Equipment E. Contractual Services F. Other $0.00 $250.00 $0.00 $0.00 $109,625.00 $125.00 TOTAL PROJECT COST $110,000.00 Total State Funds $55,000.00 Total Local Share $55,000.00 Appendix B (Budget Detail She~) A. SALARIES & WAGES TITLE ~ AM ~CHARGED TInS p omer SUBTOTAL $0.00 TRAVEL . . Travel to NYS Community Seminar Seri~s traitfing s~sions SUBTOTAL $250.00 SUPPLIES/MATERIALS SUBTOTAL $0.00 EQUIPMENT SUBTOTAL $0.00 IE. CONTRACTUAL SERVICES Consultant services for thc development and preparation of the watershed management plans SUBTOTAL $109,625.00 Registration for NYS Community Seminar Series trahling scssibns (Registration fcc $125 per pc~on per session) SUBTOTAL $12~.00 PAYMENT AND REPORTING SCI~EDULE L Pavmcot Schedule A. The Department shall mak~ interim payments for eligible costs incurred up to an amount not to exceed 90% of thc State Share Funding Amount. The final payment will be made upon satisfactory cot~,letion of the Project. B. Not more frequcotly than once ~very 30 days, a properly execoted payment requ~t, on forms as prescribed by the Department docummting total project co~t~ incurred to date, may be submitted. Payment provided above shall be made to tbe Contractor upon the submission by the Contractor of properly executed paym~t request. Such request shall contain the following:. (1) "Sun-rotary Sheet Documentation Forms" as provided by the Department, for t~-nbutsemcot of actual and eligible expenditures, (2) the required work products, and (3) a properly executed State Voucher. Payment requests will be reviewed in ac~ordunce with the terms nad conditions of this Agreement to determine total allowable project costs ine~arred and the number and pacentaga of allownble project tasks completed to date. For the purpose of determining the level of r~imbursemcot, otherwise nHowable project costs may be reduced if the per~ntage of task completion is deemed insufficient. Total allowable project costs, adjusted pursuant to 2. above, will be prorated between State Share and Local Share costs in the samc proportion~ a~ Total State Share is to Total Local Share as set forth on the Face Page. 4. lntel'im payments will be issued in amounts equal to the State Funds calculated in 3. above. The final payment will be issued upon receipt and approval of a payment request marked "FINAL" documenting all project costs incurred and tasks completed and submission of the Final Project Surmnaty Report. Such final payment request shall be submitted within 60 days following the ending date of this Agreement. H. Renortinn Payment requests as described in I.B. above shall be certified by a duly authorized repremmtative of the Contractor as accurately represeoting such accomplishments and expenses as recorded in thc Contractor's accounting records, including, where goods or services are provided by third parties not party to this Agreement, a certification that any payn~nt obligations arising from the provision of such goods or servic~ have been paid by the Contractor and do not duplicate veimburseraent or costs and services received from other sources. B. Notwithstanding thc above requirements, upon written notification by the Department, thc ConUactor may be required to submit source documentation and additional verification of allowable expcoditures. Co Do Co Eo C-2 Payment requests shall bc submitted to: New York State Departmnat of State Office of Coastal, Local Govcmment& Con~nunity Sustainability Om~ Comm~ca Plaza -Suite 1010 Albany, New York, 12231-0001 Clahned expenditures must be in accordance with the project budget in Appendix B. Any chnn~ to the cost categories co~tnlned in the Budget, Appendix B, in excess of 10% will require prior approval of the Department. If thc tctal Coutract amount is in excess of $50,000, approval will also be required by the Office of the State Comptroller. No expenditures shall be allowed for items not s~ forth in the project budget. Notwithstanding thc submission of thncly and properly cxccated payment requests, thc De. meat shall be under' no obligation to make payment for expenditures incurred without the prior Department approvals and/or nmendmenta required under this Agreemeat and, further, shall have the fight to withhold any such payment pending the execution of such approval and/or amendment. Interest inenmc earned on funds received pursuant to this Agreemont shall be used to fmthcr thc purpose of this Project or shall be deducted fi.om total eligible cost to determine thc net eligible costs to be reimbursed by thc Department. The Department shall have thc right to conduct on-site progress assessments and reviews oftbe Project and Contractor's books and records during the life of this Agreement and for a reasonable time following issuance of the final payment. The Contractor shall furnish propen' facilities, where necessary or useful, for such access and inspection. The Department shall be entitled to disallow any cost or expense, or terminate or suspend this Agreement, if found that the Contractor has misrepresented any expenditures or project activities in this Agreement, or in any progress reports or payment requests made pursuant hereto. The Contractor shall maintain separate fiscal books and records for all funds received through the De~t and project activities conducted pursuant to this Agrsemant, and shall make ali such books and records available to thc Department, the Office of the State Comptroller, or'their designated representatives for inspection ~ audit for a period of six years following tennirmtion of this Asrccment. APPENDIX D PROGRAM WORK pLAN Contractor: Contract Number: Program Contact Per~on: Phone: Fax: Town of Southold C006975 Mark Terry 631.765.1983 631.765.6136 Developing Priority ImPaired Waterhody and SGA Subwater~hed Management Plans 1. Project Description To advance implementation of thc Pcenni,~ ~ Program's (PEP) 2006 Subwaterabed Managcment Plans, the Town of Sonthold (Contractor) will develop wnter~hcd management plans for thc Town/Jockey, Goose, and Richmond Creek complexes that will addn~s water quality iraimirments, including closed sh¢llfishing wetera and causes including point nmi nonpoint pollution. Work will include watershed assessments, identification and cost benefit analysis of alternative nmnngement strategies, and preparation of reconunendntions. Conmtltant services will be proctm~ for the preparntioo of the watershed manngoment plans. The Town/Jockey Creek, Goose Creek, and Richmond Creek have been identified as priority impaired waterbodies by the Peconi¢ £stumy Program. These c-reek systems have been threatened due to severe water quality impairments causing closed shellfishing waters and other limited use. According to the Dopartment of Environmentsl Conservafion's Priority Waterbody List each creek is impaired for shellfishing activities with a primary pollutants being pathogens, dissolved oxygen, and nutrients. The primary sources of pollutants include urban runoff and storm sewers. A portion of Town/Jockey Creek and Richmond Creek have been designated as Significant Coastal Fish and Wildlife Habitats by the Department of State. The watershed nmnagcmcnt plans will characterize the watershed, land use and lnnd cover, demographics, natural resoure~, and inframucture; a,~e~ local control~ and practices; identify priority nonpoint source controls and stormwater management reoommandntious; and develop a comprehensive implementation strategy. The goals of thc pwject inclqde improving water quality impainncnts, oponing onrrenfly closed shellfishing waters, enhancing critical habitat, supporting recreational enjoyment, and fostering community awareness. Once completed and implemented the watershed plans will mitigetc known soutc~ of pollution by employing several nonpoint source and stormwater managon~nt practices; will protect and restore various habitats and ~pocies which have ~ threatened by stormwater runoff polhition; will advance the PEP Shellfish Waters Management Inin'ativ¢; and will impletn~nt infiltration and detention practices to decrease ruooff volumes. 2. Project Attribution and Number of CopJe~ The Contractor must ensure that all materials printed, constructed, and/or produced acknowledge thc contributions of the Department to thc project. Thc materials must include the following acknowledgment: D-2 WTkts (document, reporf, map, et~) ~os prepared for tke New York State Department of State ~ith funds pro~ided under Title 11 of tke En~tronment~d Protection Fnn~ o Thc Contractor must submit to the Department all required products, clearly labelled with thc NYS Comptrollcds Contract # as indicated on the Face Page of this Agrc~m~ont and wberc applicable, thc related Task # from this Work Plan. Thc Contractor shall submit: Draft products: two paper copies of each product. Final products: two paper copies of each product. In addition, ali final products (including reports, designs, maps, drawings, and plans) must be submitted as an electronic copy (in Adobe~ Acmbat~) Portable Docume~ Format - PDF), created using 300 dpt scanning resolution, and be ~bmit~d on a labeled CD-R type CD. The CD must be labeled with the contractor name, contract #, and project tide. Pictures and photographs must be dated and captioned with the location and a brief description of the activity being documented. The comributions of dw Deparm~nt must also be acknowledged in community press rele~e~ isaned for the project. Project press release~ shall be submitted to the Depa~mant for revi~v and ~pmval prior to release to ensure appropriate at~ibution. Compliance with Procurement Requirements The municipal attomey, chief legal officer or financial administrator of the municipality shall coXify in writing to the Dqmrtment that applicable provisions of General Municipal Law w~ fully complied with (Appendix AI-XXI). 4. Training A required coraponent of the Tide 11 Environmantal Protection Fund program is Contractor participation in a training s~sion or sessions focused on dc~loping and implementing revitalization stratqgies (Appendix Al-l). Thc propose of these training sessions is to build knowledge and provide support to community le~ders to advance revitalization efforts and advance grant priorities. The specific lralnlng session(s) to be attended will be determined during thc initial project seeping meeting. S. Project Components T~kl: InitialPmjectMecti~ The Contractor, the Depaflmant, project partners and any otber appropriate entities shall hold an initial meeting to review thc project scope, project requirements, roles and rasponsib/lities of pwjcct parmers, thc sclc~tien process for procuring consultant services for the project, State Environmental Quality Review Act (SEQRA) compliance requirements, the numbex of public meetings and techniques for public involvement proposed for the project, attendance al NYS Community Seminar Series training settees, and any other information which would assist in project completion. In addition, the mechanism of formation for thc coordinating organization, and the composition ora technical advisory committee, shall be diseased during initial project meeting. The Contractor, or a designated project partner, shall prepare and distribute to all D-3 project partners a brief meeting summary clcady indicating the agrecm~tshmdera~andings reached at ~he meeting. Work on zubs~quent tasks shall not ~ prior to Department approval of the proposed approach as outlined in the meeting summary. Products: Initial project meeting with appropriate pm'tics. Writte~ m~,~ing summary outlining agreement sAmdcraandings rcachcd. Task 2: Co~wuunity Training The Contractor will participate in the Community Training Progntm as stated in Section 4 above. Product: Copy of transmittal letter submitting payment for registration fees. Participation in training session(s). Task 3: The Contractor shall establish a technical advisory co:~ittee to oversee all aspects of the project in cooperation with municipal officials, the project administrator and the project consultant(s), if applicable. Thc committee shall be ,~,~csentativc of project stakeholders, including ~xesentatives of State, county and/or municipal ageacies with jurisdiction over project activities or the project area, and non-govenummtal and community based organizations. A draft list of propoaed members shall be circulated to th~ Dq~rtment for revicw and approval prior to eatablishment of the committee. Products: Draft and final list of proposed members of project advisory committee. Project advisgry committee established. Task 4: Preparation of Community Outreach Plan The Contractor or its consultant, s), the Project Advisory Committee, and other partners as appropriate, shall prepa~ a method and process to encourage conmaunity participation in the planning process. The Outreach Plan will identify key individuals, organi~tions, and emities to be involved, and will identify the visioning process and the roles and r~0onsibilities in coordinating ~he cnti~ outxeach process, logistics, and tho propped schedule of public mectings. At a minimum, the outreach process shall include at least thr~ public workshops to be conducted as part of the watershed visioning and consensus-building process. All public meetings shall be publicized in the community through press releases, announceme~s, individual mailings, and any other appropriate means. A sunu'nary of each public outreach session shall be made available in writ~n form and through other appropriate means, such as websites. The Contractor or its consultant(s) shall submit the drat~ Co.m~anity Outreach Plan to the Depat~ncnt for review and approval, and shall incorporate thc Department's commeata in the final Community Outreach Plan. Product: Draft and t'mal Community Outreach Plans submitted to the Department for review and approval. D-4 Task 5: Request for Proposals The Contractor shall draft a Requeat for Proposals (RFP) including a ctn~,l,Y~ project description with site conditions, expeeted final results, a schedule for completion, and critei'ia for selecting a preferred proposal, la addition to watei~hed planning sa-vices, contractual services may be needed to conduct any publio outreach and education programs discussed during project seoping. The RFP may also be used to hire a Project Administrator to facilitate communication between and among the involved participants. The Project Adminism~tor shall be re~on~ible for the day-to-day functioning of the coordinnting organi~tion, including mntters related to gnmt administration. The selection of a Project Administrntor and the terms of employment nrc ~mbject to approval by the I~ent. The Contractor shall submit the RFP to thc Dcpamnem for review and aplYmval prior to release for solicitation of propo.~ls. Products: Approved RFP released through advisement in local papers, the New York State Contract Reporter, and other appropriate means. Task 6: Consultant Selection and Compliance with Procoremc~ Rcquixcmcnts In consultation with the Department, thc Contractor and an apt~uprinte pcview conu~dt~ee sludl review all proposals received as a result oftbe RFP. At a minimum, the following criteria are suggested for usc in ~,aluating consultant responses: Quality and completeness of thc response. Understanding of the proposed scope of work. Applicability of proposed alternatives or enhnncements to information rcquestcd. Cost-effectiveness of the proposal. Qualifications and relevant experience with respect to the tasks to be performed. Reputation among previous clients. Ability to complete all project tasks within ~h¢ allotted time and budget. Incomplete proposals that do not address all of the requested components should not be accepted for review and consideration. For preparation/certification of final designs and consUuction docoments, and for supervision of construction, a licensed professional enginenr or licensed architecOqandseape architect is required. Thc municipal attomcy, chief legnl officer or financial administrator of tbe municipality shall co'tify in writing to the Department that applicable provisions of General Municipal Law were fully complied with. The Contractor's procurement record and consnitanl selection is subject to approval by thc Products: Consultant(s) selected and approved by the Departmant. Written certification of procurement procedures. D-5 Task 7: Subcontract Preparation and Execution 'rile Contractor shali prepsr~ a draR subcontract or subcontreci$ to conduct project work with the consultant(s) selected. II~e subcontract(s) shall contain a detailed work plan with adequate opportunity for r~vi~w at appropriate stagea of project completion, a payment schedule (paymonts should be tied to receipt of products), and a project cost. The subcontract(s) shall sp~ify thc composition of thc ~ltirc consuttaat t~,mm; ingluding firm nam~ and area of responsibility/expertise, and those professionals from thc consultant team or consulting faro that will be directly involved in sp~ific project tasks. Thc Contractor shall submit the draft subcontract(s) to thc Department for review and approval, and shall incoqaoratc the Dcpartmant's commmts in th~ final subcontract(s). A copy of the final, executed subcontract shall be submitted to thc Dcimrtngnt. Products: Draft and final, executed consultant subcontracts. Task 8: Second Project Mecting In consultation with tl~ Departngnt, thc Controgtor shall hold a second project scoping mooting with the comultant(s), and other project partners as appropriate, to rc~i~w project requlr-,mcots, site conditions, and rol~ and g~ponsibilities; identify n~v informat/on needs and next steps; and transfer any information to the consultant(s) which would assist in completion of thc project. Thc consultant(s) shall prepar~ and di~'ibutc a brief meeting smmnmy clearly indicating the agreements/understandings reached at the meeting. Work on subsequent tasks shall not proceed prior to Department approval of thc proposed approach as outlined in thc me,ting summary. Products: Second project meeting with appropriate patties. Written meeting summary outlining agrecammtshmdergandings reached. T~k9: Prepare Draft Watershed Management Plans In collaboration with the project partners and the technical advisory group, tbe Contractor, or its consultant(s), will prepare the Draft Wate~hed Management Plans for the Town/Jockey Crcclg Goose Creek, and Richmond Creck watershed, which shall include thc elements described in the subtasks below. Thc Draft will reference all sources of info~tion and identify any information gaps and issues requiring further study. Thc Contractor, or its consuttant(s), will submit thc Dra~ to thc Depaflment for review and approval. Conm~ents from the Dep~rtment must be addressed to thc satisfaction of thc Department prior to £malization of thc Draft Watershed Managerflcnt Plan, and its components. In addition, thc DraR should bc distsibuted to members of thc technical advisory group and other apprupfiatc project partners for review. Subtask 9.1: Characterize the Waterbodiea and its Contributing Areas Thc Contractor, or its consultant(s), will prepare a writtan characterization of thc study area supported by maps and other data as appropriate, that describes (a) the upland watersheds and Co) the condition of natural resources. A. Description of the upland watershed and contributing areas The characterization oftbc upland watcrshcd and contributing areas will include descril~ions and map elements thai: Delineate tho wateraheds and its constituent subwatersheds/contdbuting areas detem~in~d by an analysis of topography, existing dralnago infrastructure, surface hydrology, field observation, and other appropriate factors. If appropriate, subwat~hed,qcontfibuting areas will be thc prima~y unit of analysis and for presea~tation of recommemlalions for protection and restoration. Identify historical, current, and projected land uses and impervious cover associated with each subwatershed/contributing areas. Calculate historic, current, and projected population demity within each subwaterahed/contfibuting area. Inventory features of thc watersheds. Items to consider include., but aro not limited to; geographic setting, topography, geology, hydrography, floodplains, soils, areas of erosion, precipitation, zoning, related infrastructure (e.g., roads, bridge, s, stonnwater outfalls, darns), and locally significant and stato-designated habitats (c.g., w~tlanda). Estimate runoff and pollutant loadings for each subwatershed/contrilmting area under current conditions, and anticipated pollutant loads resulting fi'om new or expanded uses in the watershed. Thc Contractor shall submit the draft upland watershed characterizations w thc Department for ~dew and approval, and shall incorporate the Department's conm~ents in thc final upland watershed cbamcterizatiom Products: Written characterizations oftba upland wateraheds supported by maps, tables, and graphics, as appropriate. B. Assessment of natural rcsomces The Contractor, or its consultant(s), shall develop a detailed description of the ecological condition (including water, sediment, and biological quality) of streams, wetlands, and stormwater management basins baaed on existing data (e.g., DEC Waterbody hveatory and Priority Wat~rbody List, DEC Water Quality Claaaiflcations, and local monitoring programs) and new information collocted specifically for this project. The assessment of natural resources shall include descriptiom and map elements that: Identify water quality classifications for all segments of the war,bodies. Identify and describe impairments to water quality and living resources. Inventory data on living resom'ces (e.g., fish, maccoinvertebrates). Dcsoribe key water and habitat r~som'c~s warranting special protection or restoration. The Contractor shall submit the draft natural resources characterizations to the Depamnent for review and appwval, and shall incorporate the Department's comments in the final natural resource charact~izations. Products: Written characterizations of the watershed's natural resources supported by maps. tables, and graphics as appwpriate. D-7 C. First public meeting In consultation with thc Department, a public information meeting shall 10c conducted during thc watershed and waterbody characterization phase of thc project, to solicit public input in defining and charactewizing thc nonpoint source pollution issues in thc waterbody. A written sununary of public input obtained at this meeting shall be prepared and provided to the Depamuent for rcvicw and comment. Products: First public information meeting held. Minutes/summary of meeting prepared and submitted to the Depamnent Final Characterization of watersheds with comments fi*om the Department and public meeting incorporated. Subaisk 9.2: Prioritization of Subwatcrsheds/Con~buting Areas The Contractor or its consultant(s) shall, based on the analysis of information ~ thc watershed chat~tion (Task 9.1 ), cvainate and rank suhenat crahads/contributing areas according to existing impairments, vulnerability, and/or threats to water quality and habitat, and identify priority subwatc~contrthuting areas for foct~ no.point source pollution manasement action. The Contractor or its consultant(s) shall submit thc draft Subwatershcd Prioritization Report to The Departmcot for review and approval, and shall i~w, orporate Thc Department's co,aa~ents in thc final Subwatershcd Priorltization Report. Products: Draft and final Subwatershcd Psioritization Reports submitted to The Dcpamnent for review and approval. Subtask 9.3: Assessment of Laws and Practices Affecting Water Quality The Contractor or its consultant(s) shall identify and d~c. ribe federal, state, county, and local laws and practices that affect water quality, including point and nonpoint source pollution, habitat protection, and restoration in the watet~hed. The assessment may be based on the nonpoint assessurent tool developed by the Department to identify gaps in local programs and practices. Thc assessment of laws and practices shall include the following: a description and analysis of federal and state laws, programs and practices that affect point and nonpoint source poHutinn in the watershed; · a description and analysis of local land usc plans, regulations, ( including zoning, site plan review, subdivision regulations, stonnwater management, and wetlands, waterenur~ and floodi~ regulations), programs and practices. an analysis of the strcngtha and weaknesses of local laws, programs, and practices as they relate to management of point and nonpoint source pollution and protection of aquatic habitat. identification of potential gaps and amendments to local laws and needed changes to municipal precticcs and programs to better protect and restore thc watershed and its resources. !)-8 The Contractor or its consultant(s) shall submit thc draR Asses.smant of Laws and Practic~ Repod to The Department for review and approval, and shall incorporate The Depaxtment's co~,,,t,cnts in the final Assessment of Laws and Practices Report. Products: Draft and f'nud Assessment of Laws and Practices Rcperts submitted to The D~t for review and approval. Subtask 9.4: Identify Msuagement Suategies Based on the characterization of the waterhedies and their watersheds (Subtnsk 9.1), subwatershed prioritization (Subinsk 9.2) and the assessment of laws and practices (Subtask 9.3), the Contractor or its consultant(s) will identify managcmant strategies to (a) protect and Co) ~nstore the resources of the waterbodies and their watershed. A. Management strategies for watershed protection Watched protection strategies may include but shall not be limited to: Land use planning techniques. Land consolation strategies and identification of parcels for ~ space acquisition. Identification of buffer areas and conditions needed and in~plcmentation of vegetated buffer programs. Erosion and sediment control measures. Stormwater management practices. · Training, education, and stewerdsbip programs. · Identification of monitoring and research n~nis to advance watershed manegcment in the waterbody. The Contractor shall submit the draft management strategies to the Depamnent for review and approval, and shall incoq~orate the Department's comments in the final management strategies. Products: Identification and written descriptions of specific managermmt strategies for water quality and habitat protection. B. Management strategies for watershed restoration Watershed restoration strategies may include but shall not be limited to: Watershed-level and site specific actions to restore water quality and living resources/habitat. Stonnwater remediation measures to reduce pollutant loadings in each subwatershed (e.g., wetland creation, vegetative trestmcnt systems, ~rofitting, reduction of impervious surfaces). Potential sites for fish and wildlife habitat restoration including areas within streams, strcara corridors, freshwater and tidal wetlands, and ponds for potential improvement to ecological integrity (c.g., habitat stmoture, dynamics, connectivity, and quality). 10-9 Available resources include: (i) Guidan~ Specifying Manag~aent Measures for So~ of No~t PoH~ in ~ W~, ~ ~ ~ 6217(g) of ~ Coa~ ~e A~ R~u~fi~ ~s of 1~; (2) M~ ~c~ Ca~ for No~t ~ PoH~ P~i~ ~ W~ ~ ~t~on ~ N~ Yo~ S~te (~t of~m~ ~ 19~); (3) Wat~ PI~ H~k f~ ~1 ofN~t So~ Pullmi~ (~. 1~); (4) ~c N~ Yo~ State St~t~ M~t ~i~ M~I (2~1) ht~://w~.dmay.gov/~72.~; (5) N~ Y~k Guidcl~ f~ U~ ~s/on ~ ~i~t C~I (199~; ~ ot~ ~, ~, ~ ~io~l ~t ~tions d~v~ ~ lit~ ~, ~ wi~ ~owl~ble in~, ~ ~ ~. The Contractor shall submit the draft management sUategies to the Depamnent for review nnd approval, and shall inaorporate the Depnrtn~nt's comments in the final management strategies. Idantification and writtea descriptiom of ap~ifi¢ managonlant stratagi~s for water quality and habitat restoration. Subtask 9.5: Phasing of Management Strategies The Contractor or ira consultant(s) will pr~-paw phasing plato to implement the identified management strategies for the watethudies and their watershed. The impl~nnantation component will: Evaluate and rank potential projects nmi other actions within each subwatershud according to anticipated reduction in nonpoint source pollution, water quality improvements, and benefits to fish and wildlife. Clearly at~ionlete priorities, mensmable objectives and steps to implement the identified protection and restoration strategies. Include cost estimates, poteatial funding sources, and a phasing schedule noting Icad/invo!ved organizations for each action. The Contractor shall submit thc draR stratcgy/phasing plans to thc Dcpartment for rcvicw and approval, and shall iucoq~orate thc D~artment's comments in thc final strategy/phasing plans. Products: Written slrategy that identifies priority subwaterzhcds and schcdulea phasing of n~magement strategics within each subwatcrshed as described. Products: DraR Wat~rshcd Management Plans, including all elements and products described in the subta-~. Task 10: Second Public Mccting In consultation with the De~g a sccoud public information meeting shall 5e conducted prior to preparation of the final Watershed Management Plans to allow for public trvi~v and comment on the draft document. A written s~ of public input obtained at this meeting shall be prepared and providod to the Depamnent for review and comment. Public input shall be D-lO incorporated into the Final Watershed Msn%o~t Plans to the satisfaction of the Department prior to finalization and/or publication of the plan. Products: Public information meetings held. Minutes/Summary of mo~ings pr~ and submiued to the Department. Task 11: Prepare Final Watershed Management Plans The Contractor or i~s consultant(s) will complete the Final Watershed Management Plans, which will incorporate and reflect commmts received from the project pa~ncrs, the Department, DEC, the technical advisory group, the public, and any other interested parties as appropriate. Commeats and revisions suggested by the Dapamnent must he incorporated into the plan to the satisfaction of the Dcparlmcnt prior to finalization and/or publication of the document. Products: Finsl Watershed Management Plans. Task 12: Semi-annual Reporting The Contractor or its consultant(s) shall submit to the D~pammmt semi-mmual reports (every six months) on thc form provided, including a des~ption of thc work accomplished, any problems encountered, and any assistance needed. Products: Semi-annual reports during the life of the contract. Task 13: Final Project Summary Repo~ and Measurable Results forms The Contractor or its consultant(s) shall work with the Department project manager to complete the Final Project Summary Report and Measurable Results forms. Final payment shall not he authorized until these forms have been completed and filed with project deliverables. Products: Completed Final Project Su~,~,u~-y Raprai and Measurable Results forms. 6. Project Management Reaponsibilities The Contractor shall administer thc grant, execute a contract with thc ~t, and ensur~ thc completion of work in accordance with the approved Work Plan. Unlass otherwise specified in the Project Description or under Project Components, thc Contractor and/or its approved consultant(s) or sul~ontracto~(s) shall conduct aH work as described in the component tasks The Contractor: will be responsible for conducting all project work in conformance with the Work Plan included in the executed contract with the Department. will he responsible for all project activities including drafting request for proposals and managing subconUacts with consultants and subconsultants. will certify to the Department that the procorement record for project consultants and subcontractors complias with the npplicablc provisions of General Municipal Lnw. will receive approval from the Department for nny and all consultant subcontracts before heginning project work. will be responsible for submission of all products and payment requests. D-Il will be responsible for coordinating participation and soliciting ~ts from local govemmant personnel, project volonteem, and tbe public. will keep the Departracnt informed of all important meetings for the duration of this contract. will receive approval from ~he Depamnant before pumhasu of any equipment. will secure all necessary p~,lits and perform all required e~viromnantai reviews. will ensu~ that all materials printed, constructed, and/or produced reflect the Division of Coastal Resoumes logo, feature the Secretary of Stat~ and the ~ov~'nor, and acknowledge the contributions of the Department to the project. will ensur~ that all products prepared as a part of this agrecmant shall include the NYS Comptrollers Contract # as indicated on tl~ Facx Page of this Agr~meat. will er. sure the project objectives am ~ achi~ed. will ensure that comments received fi'om the Depattmant and the project advisory committee., or otber advisory group, am satisfactorily responded to and reflected in subsequent work. will reco?iT~ that payrtgmts made to consultants or subcontractors cove:ring work carried out or products produced prior to receiving approval from the I~porlmant will not be reimbursed units and until the Department finds the work or products to be accqstabl¢. will participate, if reqnaated by the D~N:~tment, in a training session or sessions focxu~d on d~veloping and implementing revitalization strat~gi,~s. The purpose of the training sussion(s) is to build knowledg~ and provide support to co~-,~,mit¥ le~ders to advance revitalization ~fforts and complete priority projects. The Depaztment: will review and approve or disapprove of subcontracts betwecn the Contractor and consultant(s) and any other subcontractor(s). will participate in initial project scoping and attemd meetings that are imlxsrtant to the project. will review all draft and final products and provide comments as necessary to meet the objectives. must approve any and all design, site plan, and precomtruction documems before construction may begin. APPENDIX F NOTICES All notices pvamittnd or required hereunder shall be in writing and shall be transmitted citber: (a) via cestifled or registered United States mail, return receipt requested; (b) by facsimile transmission; (c) by pe~oml delivery; (d) by expedited delivery service; or (e) by e-mail. Such notices shall be addressed as fellows or to such diffet~mt addresses as thc parties may from time-to-time designate: State of New York Denartment of State Title: Address: Telephone Number: Facsimile Number: E-Mail Address: Laurisss Parent 99 Washington Avenue, Suite 1010 Albany, NY 12231 5 i 8486-9540 518473-2464 laorissa.parent~dos.statc.ny, us Town of Southold Title: Address: Telephone Number: Facsimile Numbor: E-Mail Address: Scott A. Russell Supervisor 53095 Main Road POBox 1179 Southold, NY ! 1971 631-765-1889 631-765-1823 scott.mssell~town.sonthold.ny.us Any such notice shall be decn~xl to have been give~ either at the time of personal delivery or, in the case of expedited dellver~j service or cci'tiffed or registered United States mail, as of the date of first atte.ipted delivery at the address and in thc manner provided herein, or in the case of facsimile transmission or cmnil, upon receipt. Thc parties may, from time to time, specify any new or different address in the United States ~ theh' address for purpose of receiving notice under this A~roamant by giving fifteen (15) days written notice to the other party sent in accordance herewith. The paflies agree to mutually designate individuals as their respective representatives for the purposes of receiving notices under this Agreement. Additional individuals may be designated in writing by the parties for pmpoaes of implementation and administration/billing, resolving issues and problems and/or for dispute resolution. ELE~.-~RONIC PAYMENTS Contractor shall providc complctc and accurate billing invoicc~ to thc Agency in order to rcccivc payment. Billing invoices submitted to thc Agency must contain all infonmtion and supporting documentation required by the Contract, the Agency and thc State Comptroller. Payment for invoices submitted by the Conirnctor shall only be t~ndered electronically unless paymem by paper check is expressly authorized by the Commissioner, in the Co~h~issioner's sole discretion, due to extmuating circumstances. Such electronic payment shall be made in accordance with ordinary State procedures and practices. The Contractor shall comply with the State Comptroller's procedures to authorize electxonic payments. Authorization forms are available at the State Comptroller's website at www.osc.state.nv.us/eoav/index.htm, by email at $1~ or by telephone at 518-474-4032. Contractor acknowledges that it will not receive paymmt on any invoices submitted under this Contract if it does not comply with State Comptroller's electronic paymmt procedures, e0tcept where the Commissione~ has expressly authorized payment by paper check as set forth ibove. APPENDIX X MODWICATION AGREEMENT FORM Agency Code: 19000 Contr~t No.: (2006975 Contract Period: Fmuti~ for Period: $55,000 This is an AOREEMI~HT betvn~n THE STATE OF NEW YORK, acting by and thamgh the New York State Depamnent of State, having its principal office at 99 Wnahin~on Avenue, Albany, New Y~ 12231 (hereinafter refcned to as the STATE), and Town of $outhold 0te~einafier rex%ned Io as the CONTRACTOR), for modiflcatim~ of Contract N.mher C006975, as amended above nnd ia attached App--0 Terms and conditiona of this amendment are subject to continued availability of fund* for this conUact. All other provisions of said AGREE2~ENT shall t~main in full force and effi~ct. IN WITNESS WHEREOF, the paniea he.to have executed this AGREEMENT as of ll~ datea appearing under their signatu~s. CONTRACTOR SI(3NATURE NYS DEPARTMENT OF STATE BT. By: Co~t mmo) (print Title: Title: Date: Date: State A~v Cefilfz~ion: 'ln ~Miti~n Io the a~el~moe of ihll oonlrn~, I also e~ify Ihst od~nn] eq~es of this s|~nal~ ~ ~ ~ s~ to all e~e~' exnet eq~e~ of thls em~act." ACKNOWLEDGMENT State of New York County of On this day of, , in the year 20 , before me pe~onally appeared , to me known, who being by me duly sworn, did depose and say that he/she is the of , the organization described in and which executed the above instrument; and that he/sha has the authority to sign on behalf of said organization; and that he/she executed th~ foregoing agreement for and on behalf of said organization- Thomas P. DiNapoli State Comp~oller By: Date: NOTARY PUBLIC