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HomeMy WebLinkAboutNYS DOS LWRP Grant T005872 - RECFJVE) NAR 10 1998 George E. Pataki Alexander E Treadwell Secretary of State February 25, 1998 Ms. Valerie Scopaz Town Planner Town of Southold P.O. Box 11779 53095 Main Road Southold, NY 11971 Re: Local Waterfront Revitalization Project Agreement Number T005872 Dear Ms. Scopaz: Enclosed is a fully-executed copy of an agreement between the Town of Southold and the Department of State. Also enclosed are vouchering procedures guidelines and documentation forms for submitting requests for payment. If you have any questions regarding the enclosures please contact me at (518) 474-6000. jmf Enclosures cc: V. DeBraccio Sincerely, M. Fuller Administrative Assistant Southold Town Planning Board Division o] Coastal Resources and Waterfront Revitalization Albany, NY 12231-0001 Voice: (518) 474-6000 Fax: (518) 473-2464 NEW YORK STATE DEPARTMENT OF STATE LOCAL WATERFRONT REVITALIZATION PROJECT AGREEMENT NUMBER T005872 This is A. an Agreement between the following parties: New York State Department of State 41 State Street Albany, New York 12231 hereinafter referred to as the "Department" Town of Southold 53095 Main Road Southold, NY 11971 hereinafter referred to as the "Recipient" WITNESSETH: WHEREAS, the Environmental Protection Act provides for State assistance to municipalities for local waterfront revitalization programs; and WHEREAS, the Recipient has been chosen to receive State Assistance as the result of a competitive application process; WHEREAS, based upon the information, representations and certifications made by the Recipient, in such application, the Department finds that State assistance payment may be so made; and WHEREAS, the Department is required by statute to enter into a written contract (Agreemen0 with the Recipient; and WHEREAS, the Recipient has submitted, and the Department has evaluated and approved, an application setting forth the purposes and details of said Project, which is annexed hereto as E,,dfibits A, B, and C: NOW, THEREFORE, in consideration of the promises, responsibilities and covenants herein, the Department and the Recipient agree as follows: I. TERMS OF THE AGREEMENT A. This Agreement consists of the body of this Agreement (i.e., that portion preceding the signature of the parties in execution), and Appendix A and Exhibits A, B, C, and Attachments FPSR and MR which are annexed hereto and incorporated herein. B. The term of this Agreement shall begin on March 1, 1998, and terminate on March 31, 1999, and in the event of reappropriation of these funds by the State Legislature, and in such event and upon written notice by this Department, the termination date of this Agreement shall be March 31, 2000, unless modified or terminated in accordance with the provisions of this Agreement or applicable law; C. Except as provided in Section VIII hereof, this agreement is executory and will not be effective until approved by the State Comptroller. The Department shall not be responsible for nor the Recipient entitled to pa, anent for any liabilities incurred prior to approval of the Agreement by the Comptroller if the Agreement does not receive such approval. D In the event of any inconsistency or conflict in the interpretation among the documents of this Agreement, said conflict shall be resolved by giving precedence to the documents in the following order: 2. 3. 4. Appendix A The body of this Agreement Exhibits A, B, and C Attachments FPSR and MR E. No liabilities are to be incurred beyond the termination date and no costs will be reimbursed for such liabilities unless: 1) funds have been reappropriated for the Project in the subsequent State fiscal year. 2) the Department detemfines that it is in the best interest of the Department and the State to provide additional time to complete the Project and 3) an extension agreement is approved in accordance with Section VIII of this Agreement. F. State assistance pa,vments for the term of this Agreement shall not be more than the amount set forth in the application approved by the Secretary of State. G. The Department shall not be liable for expenses of any kind incurred in excess of the State Funds requested as set forth in Exhibit A, and shall not be responsible for seeking additional appropriations or other sources of funds for the Project. H. Expenditures per cost category may exceed the amounts indicated in the Project Budget by up to ten percent (10%) or $1,000, whichever is greater, without approval of the Department, provided that Total State Funds and Total Local Share as set forth in Exhibit A is not changed. Any expenditure in excess of such 10% or $1,000 or any change to the Total State Funds or Total Local Share, shall require an amendment to the Project Budget submitted in writing by the Recipient and approved by the Department. No expenditures shall be allowed for items not set forth in the Project Budget without prior written approval of the Deparanent. I. The Recipient shall perform all services to the satisfaction of the Department. The Recipient shall provide all services and meet the program objectives summariz6d in Exhibit B in accordance with: provisions of this Agreement; relevant laws, roles and regulations, administrative and fiscal guidelines; and where applicable, operating certificates for facilities or licenses for an activity or program. l'. The Recipient may subcontract for all or any portion of the activities covered by this Agreement as provided for in the approved Exhibit C, subject to prior written approval by the Department of any 2 subcontractor and the terms of any subcontract. If the Recipient enters into subcontracts for the performance of work pursuant to this Agreement, the Recipient shall take full responsibility for the acts and omissions of its subcontractors. Nothing in the subcontract shall impair the rights of the Department under this Agreement. No contractual relationship shall be deemed to exist between the subcontractor and the Department. K. Additional requirement for construction projects: Project design, including preparation of final plans and specifications, and supervision of construction shall be undertaken by a qualified architect and/or engineer licensed to practice in the State of New York. The Recipient shall submit final plans and specifications to the Department for its acceptance before initiating construction work or, if the Recipient intends to subcontract for construction work, before the work is advertised for bidding. No change to project plans may be made without the prior written approval of the Department. The Recipient shall also be responsible for erectmg a project sign satisfactory, to the Department identifying the project and shall maintain it during construction. Upon completion of the project, the Recipient shall submit to the Department a proper certification from a licensed architect or engineer. All contractors participating in the construction project shall provide insurance as described below. lftbe Recipient is a self-insured municipality, the Recipient shall purchase and maintain an O~vner's Protective Liabiliw Policy with limits no less than $4,000,000 in the name of the State of New York. In all other cases, the following forms of insurance shall be procured and maintained by the Recipient or the subcontractor for construction undertaken or contracted for by the Recipient: I. Worker's Compensation and Employer's Liabili~' Insurance with a limit of $1,000,000 under Coverage B and, where applicable, coverage under the Jones Act and the Longshore Act. 2. Comprehensive Liability Insurance (for contractual and independent contractors) with limits no less than $l,000,000 combined (bodily injury and property damage) single limit per occurrence and $2,000,000 aggregate. 3. Comprehensive Automobile Liability Insurance covering owned, hired, and non-owned vehicles with a combined bodily injury and property, damage liability limit of at least $1,000,000 per occurrence. 4. The Recipient shall require a Builder's Risk Policy until the project is completed and accepted in the amount of the total project cost. 5. An Owners Proteettve Liability Policy with limits no less than $1,000,000 in the name of the Recipient and the State of New York. 6. Professional consultants retained by the Recipient in connection with the project shall show evidence of professional liability insurance with limits no less than $1,000,000. The Recipient shall, where appropriate, identify documents, reports, unel maps produced in whole or in part under this Agreement by endorsing on said documents, reports, and maps the folloWing: "This (document, report, map, etc.) ~as prepared for the New York State Department of State with funds provided under Title 11 of the Environmental Protection Fund." Title to Completed Project; Copyright - For planning, designs and other non-construction projects, it is understood and agreed that the Department will acquire upon completion, all rights, title, and interest in and to the said Project and to all reports, maps, analysis, and other documents and materials, in whole or in part, prepared for or connected with the Project, including the fight of republication. No reports, maps, analysis, or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by, or on behalf of, the Recipient. The Contractor shall indemnify and hold harmless the Department from any damages to property or injury to persons (including death), and any and all claims, suites, actions, damages and costs of every nature arising out of the provisions of this Contract resulting from the acts or omissions of the Contractor or its agents, employees, subcontractors or suppliers. However, the Contractor shall not be obligated to indemnify the Department for property damage or personal injury (including death) directly and solely caused by the Department or its employees. Article 15-A of the New York State Executive Law ~ The Deparm~ent of State administers a Minofi ,ty and Women-owned Business Enterprises (MWBE) Program as mandated by Article 15-A of the New York State Executive Law. This taw 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 and women- owned business participation in certain state contracts and grants. Where MWBE goals are required, even in cimumstances where this goal is zero, a Quarterly Grantee Report is required to be submitted to the Affirmative Action Office of the Department on forms provided by the Department. Article 15-A requires that rules and regulations be established for contracts entered into by the Department. In accordance with Article 15-A, goals must be set for contracts entered into by the Department in excess of $25,000 for labor, services, supplies, equipment, and materials, or any combination of the foregoing, and for contracts enterad into by the Department in excess of $100,000 for acquisition, construction, demolition, replacement, major repair, renovation or improvement of real property. In applying these rules and regulations, the Department must consider the availabihty of certified minority and women- owned businesses in the region in which the state contract will be performed, the total dollar value of the contract, the scope of svork to be performed, and the project size and term. The contractor will, when re~u_ ired as a part of the bid or proposal, submit a Staffing Plan on the form provided by the Department. This Plan will detail the work force anticipated in the performance of the state contract broken down by ethnic background, gender, and Federal Occupational Categories. 4 After a bid opening and prior to the award of a state contract, the contractor ~vill submit an Equal Employment Opportunity (EEO) Policy Statement to the Department within the time frame established by the Department. The law requires that, as a precondition to entering into a valid and binding state contract, the contractor shall agree to the following stipulations and will include them in the EEO Policy Statement: · 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 women am afforded equal emplo)rnent opportunities without discrimination 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 assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation. · The contractor will make active and conscientious efforts to employ and to utilize minority, group members and women at all levels and in all segments of its work force on state contracts, and the contractor will document these efforts. · The contractor will state in all solicitations and advertisements for employees that, in the performance of the state contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. · The contractor will, at the request of the Department, request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a xw/tten statement that such employment agency, labor union, or representative 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 the implementation of the contractor's obligations herein. · The contractor will include the provisions regarding the EEO Policy Statement and the Staffing Plan enumerated above in each and every subcontract of a state contract in such a manner that the subcontractor is bound by these requirements. · Failure to provide an EEO Policy Statement and a Staffing Plan without reasonable written justification or commitment to provide these requirements by a specified date will result in rejection of the contractor's bid or proposal. · After the award ora state contract, the contractor will submit to the Department a ~orkforce Employment Utilization Report, on th~ form supplied by the Department, detailing the work force actually utilized on the' state contract, by ethn/c background, gender and Federal Occupational Categories, as specified on the form. 5 TbSs Report will be submitted to the Department on a quarterly basis throughout the life of the contract. · The contractor, and any of its subcontractors, may be required to submit compliance reports relating to their operations and implementation of their affirmative action or equal employment opportunity program in effect as of the date the state contract is executed. Questions regarding this program should be directed to the Affirmative Action Office by calling (518) 474-2750. To assist potential contractors, a copy of the IVYS Directory of Certified Minority and Women-owned Business Enterprises is made available for inspection at the Department of State Affirmative Action Office, 41 State Street, Albany, New York 12231. The Department makes no representation with respect to the availability or capability of any business listed in the Directory. 11. PAYMENT AND RECORDS RETENTION A. The Department shall make interim payments for eligible costs incurred up to an amount not to exceed 90% of the State Funds Requested. The final payment will be made upon satisfactory completion of the project. Pa_xments shall be made in accordance with D. below. B. Notwithstanding the above requirements relating to payments, upon written notification by the Department, the Recipient max- be required to submit source documentation and additional verification of allowable expenditures. C. Interest income earned on funds received pursuant to this Agreement shall be used to further the purpose of this Project or shall be deducted from total eligible costs to determine the net eligible costs to be reimbursed by the Department. D. Payments shall be made as follows: 1. Not more frequently than once every 30 days, a properly executed payment request, on forms as prescribed by the Department, and required work products documenting completion of one or more of the tasks set foCdi in Exhibit B, and total pr6ject costs incurred to date, may be submitted. Such pa.xment request shall be submitted to: New York State Department of State Contract Administration Unit - LWRP Albany, New York 12231-0001 2. Payment requests will be reviewed in accordance with the terms and conditions of this Agreement to determine total allowable project costs incurred and the number and percentage of allowable project tasks completed to date. For the purpose of determining the level of reimbursement, othenvise allowable project costs may be reduced if the percentage of task completion is deemed insufficient. 6 11I. 3. Total allowable project costs, adjusted pursuant to 2. above, will be prorated between State Funds and Local Share costs in the same proportions as Total State Funds is to Total Local Share as set forth in Exhibit C. 4. Interim payments will be issued in amounts equal to the State Funds calculated in 3. above, less all previous payments to date. 5. The final payment, calculated pursuant to 2. and 3. above, 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 Summary Report (Attachment FPSR & Attachment MR). Such final payment request shall be submitted within 60 days following the ending date of this Agreement. E. Notwithstanding the submission of timely and properly executed payment requests, the Deparmaent shall be under no obhgation to make payment for expenditures incurred without the prior Department approvals and/or amendments required under this Agreement and, further, shall have the right to withhold any such payment pending the execution of such approval and/or amendment. F The Recipient shall maintain, at its principal place of business, detailed books and accounting records supported by original documentation relating to the incurring of all expenditures, as well as pa_x ments made pursuant to this Agreement. The Recipient shall make such records available for rexiew by the Department upon request at any time The Department shall have the right to conduct progress assessments and review books and records as necessary. The Department shall have the right to conduct an on-site review of the Project and/or books and records of the Recipient prior to, and for a reasonable time following, issuance of the FINAL payment. The Department shall be entitled to disallow any cost or expense, and/or terminate or suspend this Agreement, if the Recipient has misrepresented any expenditures or Project activities in its application to the Department, or in this A~eement, or in any progress reports or payment requests made pursuant hereto. The Recipient shall maintain such books and accounting records in a manner so that reports can be produced therefrom in accordance with generally accepted accounting principles. The Recipient shall maintain separate fiscal books and records for all funds received through the Department pursuant to this Agreement. G. During the term of this Agreement and for a period of six years after its termination, the Recipient shall make all such books and records available to the Department and the Office of the State Comptroller, or their designated representatives, for inspection and audit. TERMINATIONS A. This Agreement may be terminated at any time upon mutual written agreement of the Depamnent and the Recipient. B. For fault: 1. If the Department determines that the Recipient has failed to comply with the terms and conditions of this Agreement and/or with any laws, rules,.regulations, policies or procedures affecting this Agreement, the Department shall notify the Recipient in writing. 7 IV. 2. Such notice shall specify such failures and shall specify a reasonable period but not less than fiflcen (15) days fi.om receipt of the notice that the Recipient has to correct such failures. 3. The Department reserves the right to suspend all work during the period provided in the notice. 4. If the Recipient does not correct such failures during the period provided for in the notice, this Agreement shall be deemed to be terminated after expiration of such time. C. Any written notice shall be sent by certified mail, retum receipt requested. D. Upon suspension, the Recipient shall retain all funds which have been advanced but not identified as expenditures supported by incurred eligible costs of the Recipient and shall not expend or obligate them during such period of suspension. E. Upon receipt of notice of termination, the Recipient agrees to cancel, prior to the effective date of any prospective termination, as many new obligations as possible, and agrees not to incur any new obligations after receipt of the notice without approval by the Department. 1. The Recipient shall not be relieved of it's responsibility to pay eligible costs incurred pursuant to this Agreement prior to the effective date of termination. F. The Department shall be responsible for pa.vment to the Recipient on claims pursuant to eligible services provided and costs incurred pursuant to this Agreement, including those referred to in E. 1. above. In no event shall the Department be liable for expenses and obligations arising from the program(s) in this Agreement after the termination date. G. Upon termination, all funds advanced but not identified as expenditures supported by incurred eligible costs of the Recipient under this Agreement shall accrue to the Department and shall become immediately due and owing. INDEMNIFICATION A. The Recipient shall be solely responsible and answerable in damages for any and all accidents and/or injuries to persons (including death) or property arising out of or related to the services to be rendered by the Recipient or its subcontractors pursuant to this Agreement or in relation to this Agreement. The Recipient shall indemmfy and hold harmless the Department and its officers and employees from clarms, suits, actions, damages and costs of every nature arising out of the provision of services pursuant to this Agreement or in relation to this Agreement. B. The Recipient is an independent contractor of the Department and may neither hold itself out nor claim to be an officer, employee or subdivision of the Department nor make any claim, demand or application to or for any right based upon any different status. 8 V. PROPERTY Any equipment, furniture, supplies or other property purchased pursuant to this Agreement is deemed to be the property of the Department, except as may otherwise be governed by Federal or State laws, rules, regulations, or written waiver by the Department. VI. SAFEGUARDS FOR SERVICES AND CONFIDENTIALITY A. Services performed pursuant to this Agreement are secular in nature and shall be performed in a manner that does not discriminate on the basis of religious belief, or promote or discourage adherence to religion in general or particular religious beliefs. B. Funds provided pursuant to this Agreement shall not be used for any partisan political actMt3', or for activities that may influence legislation or the election or defeat of any candidate for public office. C. Information relating to individuals who may receive services pursuant to this Agreement shall be maintained in conformity with applicable provisions of laws and regulations. VII. FULLY-EXECUTED AGREEMENT OR AMENDMENT THERETO A. If this Agreement or amendments thereto allocates funds totaling $10,000 or less, it shall be deemed to be fully executed when approved and signed by the Recipient and the Department B. lfthis Agreement, or amendments thereto, allocates funds totaling more than $10,000, it shall be deemed to be fully executed when approved by the Office of the State Comptroller. 9 IN WITNESS WHEREOF, the parties hereto have executed or approved this Agreement on the dates below their signatures. CONTRACT NUMBER T005872 RECIPIENT - Town of Southold TITLE Supervisor DATE February 13, 1998 Approved as to Form: DEPARTMENT CERTIFICATION "In addition to the acceptance of this contract, the Department also certifies that original copies of this signature page will be attached to all other exact copies of this contract." NEW YORK S~EPARTMENT OF DATE ~ Approved: ATTORNEY GENERAL STATE COMPTROLLER DATE / DATE ' ~"~ GOVERNMENTAL BODY State of New York ) County of Suffolk )ss: On this 13 th day of February ,1998 , before me personally came Jean W. Cochran to me known, who, being by me duly sworn, did depose and say thatS_he is the Supervisor of Southold Town the municipality described in and which executed the above instrument; and that _She signed l~s/her name thereto by order of the local legislative body of the above mentioned municipalit,~"~-~N~4~~ NOTARY PUBLIC 10 PATRIGIA D. GAR$1K State of New york 01GA4522513 mndBdon al, II. APPLICATION FOR FUNDING Local Waterfront Revitalization Project Funding A. State Funds Requested B. Local Share To Be Applied A~olicant A. Name of Municipality: Address: Exhibit A $3,500 $3,500 Town of Southold PO Box 1179 53095 Main Road Southold, NY 11971 [I1. B. Federal Tax Identification Number: 11-6001939 C. Contact Person: Valerie Scopaz Title; Town Planner Phoae: Area Code 516-765-1938 Certifications Payments accrued under this funding will not duplicate reimbursement received from other source. As required by Title 11, Section 54-1101 (6) of the Envimmnenlal Protection Act, a necessary and measurable public benefit shall accrue from the expenditure of State and local funds for the project set forth in Exhibit B. The information presented in this application is true and accurate, the Local Share set forth above is available to the Applicant for expenditures pursuant to this Application, and the person signing below is authorized to make all such repre~antations contained herein on behalf of tbe applicant municipality. nature Jean W. Cochran Supervisor 2 / 13/98 Typed Name Title Date A-1 Exhibit B 1. Proiect Name and Descrintion: Ferry Impact Workshop East End co~nmunities are concerned about increased velficular traffic generated by ferries serving Connecticut casinos. The resolution of ferry conflicts are a crucial issue in maintaining community character in these communities. The Town of Southold will sponsor a workshop to discuss ferry related impacts on Long Island coastal connnunities, with a particular emphasis on the north shore and East End of Long Island. This workshop will be held jointly with the New York and Connecticut Chapters of the American Planning Association xvho are sponsoring a wider regional series of x~ orkshops on land based impacts of interstate ferry. transit itl the metropolitan region of New York City and the Tri-State area. This grant will assist in the funding of the East End Ferry Impact Workshop which will be jointly sponsored by the Town of Southold and the Nexv York and Connecticnt Chapters of the ganerican Planning Association. The workshop will present tile wider regional ferry issues as well as more local issues. It will seek to resolve issues related to use of public infrastructure and water-dependent uses. and the management of tourism generated tr,~c. It will seek to develop a community consensus on fen3.' issues among five Tox~ms. The applicant must ensure that all materials printed and/or produced related to the conference reflect the Department of State (DOS), Division of Coastal Resources logo. feature the Secretary of State and the Governor, and acknowledge the contributions of the Division tu the project. The materials must acknowledge that their prodnction xvas funded in part by an Environmenta Protection Fund Local Waterfront Revitalization Program Grant from DOS. Developtnent of the program for the ferry impact workshop and holding the workshop involves several discrete tasks that are broken out below. Public meetings and DOS review are included within these tasks. DOS approval any and all consultant subcontracts is necessary before work can commence. Component Tasks: Task 1 Contract Preparation and Execution. The Town of Southold shall prepare a dra~ contract with the New York and Connecticut Chapters of the ganerican Planning Association to conduct the East End Ferry Impact Workshop. The contract shall contain a detailed work plan with adequate opportunity to review stages in completion of the work, a payment schedule (pa3qnents should be tied to receipt of products in the work plan), and a project cost. Submit the draft cantract to DOS for review and approval. A copy of the final contract, incorporating DOS's comments on the drafL vdll be provided to DOS. Product: Executed consultant contract. Task 2 Develop program outline. The Town of Southold and the New York and Connecticut Chapters of the American Planning Association will develop the program outline for the East End Ferry Impact Workshop. DOS review of the program outline is required. B-1 Task 3 Product: Completed program outline. Arrange and publicize workshop. The Town of Southold and the New York and Connecticut Chapters of the American Planning Association will arrange and publicize the East End Ferry Impact Workshop. Task 4 Task 5 Task 6 DOS review of the arrangements and publicity of the East End Ferry Impact Workshop is required prior to the finalization of workshop arrangements and the release of publicity material. Product: Finalized workshop arrangements and publicity material. Ferry Impact Workshop The Town of Southold and the New York and Connecticut Chapters of the American Planning Association will arrm~ge and publicize the East End Ferry Impact Workshop. Product: Completed Ferry Impact Workshop. Report on Ferry Impact Workshop The Town of Southold and the New York and Connecticut Chapters of the American Planning Association will prepare a smmnary report of the East End Fen).' hnpact Workshop. This report will present the findings of the Workshop. DOS review of the smmnary report on the East End Ferry Impact Workshop is required prior to finalizing the report. Product: Completed summary report on the East End Ferry Impact Workshop. Measurable Results The Town of Southold shall complete the Final Project Summax3, Report attached to this work program and provide a copy to the Department of State. Product: Completed Final Project Summa~ Report. Project Management Responsibilities: The project will be managed by the Town Planner of the Town of Southold and the Town of Southold Transportation Committee. B-2 2. Schedule Task Expected Description __~:: ~i !i_ /I i Executed contract Products I i 2 ! 3 4 i 5 i 6 7 i 8 i 9 10 i 11 , 12 Contract preparation and execution Develop prol~ram outline , Completed pro.gram outline Arrange and publicize ~vorksbop Finalized workshop arrangements and publicity i material ReportFerrY Iml~aCton FerryW°rksh°Pimpact Workshop [-'---~ . Fern' impact Workshop !I Completed summary report on Ferry impact I workshop i B-3 Exhibit C BUDGET SUMMARY A. Personal Services $3,000.00 B. Fringe Benefits $0.00 C. Travel $0.00 D. Supplies/Materials $0.00 E Equiplnent $0.00 F. Contractual Sep,'ices $3.500.00 G Other $500.00 TOTAL PROJECT COST $7,000.00 Total State Funds (50% of Total) Total Local Share (50% of Total) $3,500.00 $3.500.00 Note - Describe the anticipated project costs for each of the above cost categories in detail on the following pages (i.e. the trifle and pa>' rate of municipal e~nployees to work on the project, type of consultant to be retained, t2,.~e of equipment and materials to be purchased). A. PERSONAL SERVICE REOUEST TITLE Town Planner EXHIBIT C (Budgcl I)cl;.I Shccl) ANNUAl. SALARY $50,000.00 % OFTIME CtlARGED 600% SUBTOTAL AMOUNT CI'tARGED TO THIS PROJECT $3,000.00 $3,000.00 I~, FilINGE BENEFIT BRE~,KDOWN Not applicable SUBTOTAL $-0- Exhibit C (Budget Detail Sheet) C. TRAVEL. I SUBTOTAL $-0- D. SUPPLIES/MATERIALS SUBTOTAL $4)- E. EQUIPMENT SUBTOTAL $-0- F. CONTRACTUAL SERVICES Consultant services to organize and mn Regiooal Ferry Workshop SUBTOTAL $3,500 G. OTHER Volunteer Services of the To~aa of Southold Transportation Committee 50 hours at $10 an hour SUBTOTAL $500 APPENDIX A Standard Clauses for All New York State Contracts Revised December 1996 The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the contract (the word "contractor" herein refers to any party other than the State, whether a contractor, licensor, licensee, lessor, lessee or any other party): i EXECr, fFORY CLA UfE. In accordance with Section 41 of the State Finance Law, the State shall have no liabili~ under this contract to the Contractor or to anyone else beyond funds approphated and available for this contract. 2. NON-ASSTGNMENT CLA USE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its fight, title or interest therein assigned, transferred, conveyed, sublet or other~vise disposed of without the previous consent, in writing, of the State and any attempts to assign the contract without the State's written consent are null and void. The Contractor may, however, assign its right to receive pa3ment without the State's prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law. 3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law (or, if this contract is x~ith the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $10,000.00 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $10,000.00, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. 4. ORKERS COMPENSATION BENEFITS. In accordance with Section !42 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. 5. NON-DISCRIhaTNA TION REQUIREMENTS In accordance with Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non- discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, age, disability or marital status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminale against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractom shall be reason of race, creed, color, national origin, age, sex, or disability:. (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for 2 any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all monies due hereunder for a second or subsequent violation. 6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. 7. NON-COLLUSIVE BIDDiNG REQUIPff3!dENT In accordance with Section 139-d of the State Finance La,v, if this contract was awarded based upon the submission of bids, Contractor warrants, under penalty of perjury', that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further warrants that, at the ttme Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non-collusive bidding certification on Contractor's behal£ 8. iNTERNATIONAL BOYCOTTPROH1BITIO~ In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5.000.00, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, para~ership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Section 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is con¥icted or is othetwvise found to have violated said laws or regulations upon the final determination of the United States Commerce Depamnent or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2 NYCRR 105.4). 9. SET-OFF R1GHTS TheStateshallhaveallofitscommonlaw, equitableandstatutoryrightsofset_off. These fights shall include, but not be limited to, the State's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any mounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its sct-offrights in accord-ance with normal State practices including, in cases of set- off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller. 10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, "the Records"). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in tiffs contract, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records kvhich are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute") provided that (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's fight to discovery in any pending or future litigation. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION. A. FEDERAL EMPLOYER IDENI IFICATION NUMBER and/or FEDERAL SOCIAL SECURITY NUMBER. All invoices or New York State standard vouchers submitted for payment for the sale of goods or services or the lease of real or personal property to a New York State agency must include the payee's identification number i.e., the seller's or lessor's identification number. The number is either the payee's Federal employer identification number or Federal social security number, or both such numbers when the pay~ has both such numbers. Failure to include this number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or New Yorl~ State standard voucher, must give the reason or reasons why the payee does not have such number or numbers. B. PRIVACY NOTIFICATION. (i) The authority' to request the above personal infor-mation from a seller of goods or services or a lessor of real or ~ersonal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory,. The principal purpose for which the information is collected is to enable thc State to identify, individuals, businesses and others who have been delinquent in filing tax returns or mav have understated their tax liabilities and to generally identify persons affected b3 the taxes administered by the Conunissioner of Taxation and Finance. The information will be used for tax administration purpose and for any other purpose authorized by law; (ii) The personal information is requested by the purchasing trait of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in New York State's Central Accounting System by the Director of State Accounts, Office of the State Comptroller, AESOB, Albany, New York 12236. 12. EQUAL EMPLOYbfENT OPPORTUW1TIES FOR kITNORlT1ES AND WOMEN. In accordance with Section 312 of the Executive La,v, if this contract is: (i) a written agreement or purcha.~ order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess ors 100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property, and improvements therein; or (iii) a ~witten agreement in excess of $100,000.00 whereby the owner of a State- assisted housing project is committed to expend or does expend fund~ for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then: A. The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation; B At the request of the contracting agency, the Conmactor shall request each employment agency, labor union or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, or furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the ~nplementation oftbe contractor% obligations herein; and C. The Contractor shall state, in all solicitation or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportumties without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. Contractor will include the provisions of "A", "B" and "C", above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design or real property and improvements thereon (the Work) except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) emplo.xment outside New York State; or (iii) banking services, insurance policies or the sale of securities. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal emplo.vment opportunity which effectuates the purpose of this section. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal laxv and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the ex'tent of such duplication or conflict. Contractor will comply with all duly promulgated and laxx~l rules and regulations of the Division of Minority and Women's Business Development pertaining hereto. 13. CONFLICTING TERMS'. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control. 14. GOVERNING LA W This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise. 15. LATEPAYMENZ Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article XI-A of the State Finance Law to the extent required by law. 16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. t 7. SERVICE OFPROCESS.. In addition to the methods of service allowed by the State Civil Practice Law and Rules ("CPLR"), Contractor hereby consents to the service of process upon it by registered or certified mall, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United State Postal Service as refused or tmdeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which t,o respond. 18. PROHIBITION ON PURCHASE OF TROPICAL HARD WOODS. Thd Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of State Finance Law §165 (Use of Tropical Hardwoods) which prohibits pumhase and use of tropical hard~voods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the responsibility of the contractor to establish to meet with the approval of the State. In addition, when any portion of this contract involving the use of woods, whether supply or installation is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in §165 State Finance Law. Any such use must meet with the approval of the State, otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibilit3' of the Contractor to meet with the approval of the State. 19. MACBR1DE FAIR EMt'LOYMENT PRINC1PLE3~ In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992), the Contractor bereby stipulates that the Contractor either (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles. 20 OMNIBUS PROCUREMENT ACT OF 1992. It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women- owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers is available from: NYS Department of Economic Development Division for Small Business One Cormnerce Plaza Albany, New York 12245 A directory of certified minority and women-owned business enterprises is available from: NYS Department of Economic Development Minority and Women's Business Development Division One Commerce Plaza Albany, New York 12245 The Onmibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify, that whenever the total bid mount is greater than $1 million: A. The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women-owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; B. The Contractor has complied with the Federal Equal Oppommity Act of 1972 (P.L. 92-261), as amended. C. The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the lob Service 6 Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and D. The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts. 21 RECIPROCITY AND SANCTIONS PROVISIONS. Bidders are hereby notified that if their principal place of business is located in a state that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 amendments (Chapter 684, Laws of 1994) require that they be denied contracts which they would otherwise obtain. Contact the NYS Department of Economic Development, Division for Small Business, One Commerce Plaza; Albany New York 12245, for a current list of states subject to this provision.