HomeMy WebLinkAboutNYS D of AG & Markets C800504 - Ag & Farm Implementation~ROM NYS AG & MKT ~ISC MGT
$TATE OFNEWYORK
DEPARTMENTOF AGRICULTURE ANO MARKETS
1W1NNERS C!RCLE
AIRAN~ NEWYORK 12235
December 10, 1998
8-498768-5167656145 P.02
Ms. Jean W. Cochran, Superviser
Town of Southold
Town Hall, 53095 Main Road
PO Box 1179
$oulflold, NY 11971
Dear Supervisor Cochran:
I am very pleased to inform you that the Department of Agriculture and Markets is awarding the
Town of Soathold the sum of $155,000 f~3m federal funds we received to assist win farmland protection
efforts.
On July 17. 1998. the Department submitted a request for:federal f~nding under Section 388 of
the Federal Agriculture Impn3vement and Reform Act of 1996 which established the Farmland Protection
Program. The Depa~'m~ent was notified that the United States of A~ne~=a, Commodity Credit Corporation
(CCC) and the Natural Resources Conservation Service (NRCS), awarded We State $1.4 million to
purchase conservation easements or development rights on viable farmland which is under development
The State's request for funding was a coordinated response and one that was cooperatively
prepared with assistance fi'om Department and municipal staff, County Comell Cooperative Extension
offices, and the USDA Natural Resources Conservation Service. Federal funds are to be used in
conjunction with farmland protection funding provided to you by the State. in 1998. These funds must be
used to purchase the development rights/conservation easements on the farms listed in the attached
document. I have aJse enclosed a copy of my aw-and letter designating bhe amount of State funding
a~lecated to you in 1996.
We are in the process of developing a rent,act which will authorize the transmittal of bo~h the
federal funds, authorized herein, and the state funds as awarded in the atfached letter. In me meantime, if
you have any questJoes concerning the federal award or the contz~ct prccese, please contact Kim Blot or
Bob $0mem at (518) 457-7076.
Sincerely.
Donald R. Davidsen, D.V.M.
Commissioner
DRD/rcs
Enclosures
cc: Marilyn Stephenson, Area Conservationist, USDA NRCS
Ken Schmiff. Chair, Suffolk County AFPB
09:50 FROM NYS AG & MKT FISC MGT
Town ,Of Southold
C. & M. Young
Main Road
Laurel, New, york 11948
Tax Map Number. 125-01-006,1
Estate of L. Woodhull
Elijah Lane
Mattituck, New York 11952
Tax Map Number. 108-03.4306.1
J. Eickhoff
Pugliese Vineyards
Bridge Lane
CutchogUe, New York 11935
Tax Map Number;. 97-01-016.1
ACTM Equities
Oregon Road
Cutchogue, New York 11935
Tax Map Number. 95-01-003
G. Young
Main. Road
Odent, New York 11957
Tax Map Number. 19-01-001.2
R. Blum "
Main Road
Cutchogue, New York 11935
Tax Map Number. 75-01-015.1
L. Edson
Main Road
Cutchogue, New York 11935
Tax Map Number. 102-02-016
8-498?68-5169656145 P. 0]
RESOLUTION - JUNE 8, 1999
RESOLVED, that the Town Board of the Town of Southold hereby
authorizes Supervisor Jean W. Cochran to execute all necessary
agreements to secure the Department of Agriculture and Markets Farmland
Protection Implementation Grant. This grant is identified by Contract
#C800504; the amount of the grant is $492,500.00 and the contract pedod
runs from 4/6/98 - 3/31/2001.
STATE OF NEW YORK
DEPARTMENT OF AGRICULTURE AND MARKETS
1 WINNERS CIRCLE
ALBANY, NEWYORK 12235
DIVISION OF FISCAL MANAGEMENT
(518) 457-2080
May 14, 1999
Jean Cochran
Supervisor
Town of Southold
PO Box 1179
Southold, NY 11971
Dear Supervisor Cochran:
191
su,-?,,,~so~,s~F~c~ I
OF SCU1HOLD J
Enclosed for your review is one complete copy plus four copies of the signature
page of your agreement with this Department for your Agricultural and Farmland
Protection Implementation Grant. $492,500 is being made available for this purpose.
The term of your agreement is April 6, 1998 through March 31, 2001.
Please review the agreement carefully, particularly the section labeled "Appendix
D ~ General Conditions." This refers to the administrative aspects of the grant and our
recordkeeping and payment procedures. This section cannot be changed, nor can
Appendix A, which must be included in all State contracts.
Before the contract can be considered to be fully-executed, it must be approved
by this Department, the Attorney General and the Office of the State Comptroller. I will
send you a fully-executed, complete copy once it has been approved by all parties.
Payment will be made to you as follows:
· At least 60 days before a payment request is submitted to us, you must send
us the proposed agreement(s) to purchase the development rights or to obtain a
conservation easement, the monitoring plan and a copy of any subagreement
between your municipality and another entity to hold or maintain the interest in
real property;
· If all of the above are accepted, you will be notified in wdting that you may
then submit a Standard Voucher to us at least 45 days prior to the planned
closing date, along with: a budget report detailing the proposed match, an
executed purchase agreement with the landowner, an appraisal by a New York
State Certified General Real Estate Appraiser, and a title policy insuring the
interest in real property being obtained for the Department's share of the
I~ Pmem.~ ON RECYCLED
purchase price. This will satisfy our concerns that the purchase price is
acceptable and supported by an expert appraisal, that clear title to the land has
been established, that the easement agreement between the landowner and the
municipality is adequate to assure the land's preservation without unduly limiting
a farmer's flexibility in managing the land for a variety of agricultural promotion
purposed, and that you have an appropriate plan in place to monitor and enforce
the provisions of the easement.
· Once all the above have been satisfied, we will submit the voucher to the
Office of the State Comptroller. You will receive payment directly from the
Comptroller so that you can purchase the development rights at a formal closing.
Please send all reports and vouchers to:
NYS Department of Agriculture & Markets
Division of Fiscal Management
Albany, NY 12235
You only need to complete sections three through seven of the voucher. I have
enclosed a Standard Voucher for your use.
Since we are contracting with a municipality, we are required by the Comptroller
to use your municipal code as your tax identification number. We have entered this
number on the top right of your contract. All payments will automatically be mailed by
the Comptroller's Office directly to your county's fiscal address on file with them (usually
the Treasurer's Office). Therefore, in order to ensure that your checks will be deposited
into the proper account when they are received in the fiscal office, you should confer
with your fiscal officer in advance and work out an identifying account number or name
to enter in block 5 (Ref/Inv. No.) of the Standard Voucher you submit to us. This
identifier will appear on the check stub you receive and will enable your fiscal officer to
properly identify the check and deposit it into the proper account.
If the agreement is acceptable, please have each of the copies signed and
notarized in the space provided. Return all copies to me at the above address. Once
the contract has been approved by all parties, we will send you a fully-executed copy
and will ask you to send us the matedal described above.
Finally, please complete and retum the enclosed Contractor Information
Checklist. You do not need to fill in the bottom portion of the form.
Feel free to call me at (518) 457-8170 if you have questions about the General
Conditions, if you need help filling out a Standard Voucher, or if you're questioning the
status of your payment. You should call Bob Somers, the program's administrator, at
(518)457-2715 if you have technical questions about your project.
Sincerely,
Gail Fuller
Associate Budget Analyst
cc: M. Davis
R. Somers
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-6145
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS
ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
HELD ON JUNE 8. 1999:
RESOLVED, that the Town Board of the Town of Southold hereby
authorizes Supervisor Jean W. Cochran to execute all necessary
agreements to secure the Department of Agriculture and Markets Farmland
Protection Implementation Grant. This grant is identified by Contract
#C800504; the amount of the grant is $492,500.00 and the contract period
runs from 4~6~98 - 3131/2001.
Southold Town Clerk
June 8, 1999
JUL-12-1999 09:49 FROM NYS AG & MKT FISC MGT TO 8-498768-5167656145 P.01
New York State Department of Agriculture and Markets
Division of Fiscal Management
I Winners Circle
Albany, New York 12235
FAX: (518) 485-7750
Date:
TO
NAME:
DEFT.:
PHONE:
PHONE:
No, of Peges iqnclucli~g cover):
~UL-12-1999 09:40 FROM NYS AG & MKT FISC MGT 8-498768-5167656145 P.02
NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS
Albany, New York
998 Farmland Protection Award Recipients
From: Klm Blot
Date: May 12, 1999
Subject: Request for Revised Budgets for Properties Targeted for the Purchase of
Development Rights
All recipients of farmland protection funding must provide a revised: budget to the Department
along with the signed contract, The revised budget must identify the owner (name and
address) and tax parcel identification number f6r- each land parcel where the Development
Rights are being purchased. Please read the following requirements carefully. Some or all of
these conditions may apply depending upon the source of funds provided for the purchase of
development fights.
1, Funding provided by the State can be used to cover up to 75% of the costs assodated with
the ac~luisition of a property's development rights, including title insurance, appraisal fees,
surveys, reasonable land trust endowment fees, otc. State funding can only be used on
properties identified in the Commissioner's award notification letter. (copy attached)
2. Funding provided by the Federal. Government can be used to cover up to 50% of the cost
for the purchase of development rights only, Federal funding can only be used on
properties identified in the Commissioner's award notification letter. (copy attached)
3. If State and Federal funds are to be used on two or more separate farms (i.e., different
landowners),, a detailed budget must be completed for each farm. All budgets must clearly
show expenditures by categoP/ and source of funds, including in-kind contributions and
match. The match can be in the form of a bargain sale agreement, municipal funds.
allocations from a land trust, or other sources. Where Federal funds have been provided,
these funds can be used as a mat~ to State funding providing that such funds are not
allocated from the Clean Air/Clean Water Bond Act. Bond Act funds cannot be matched
with Federal funds.
4. Please fax a copy of the budget to Bob $omers at 457-2716 for approval prior to forwarding
the signed contract.
If you have received Federal funding, there are additional requirements contained in Appendix
E. Please read carefully as failure to comply with the provisions will result in forfeiture of the
funds. The requirements include:
1. A USDA Natural Resource Conservation Service (NRCS) conservation plan must be
completed on the farm parcel You should contact your county USDA NRCS Office to
request a conservation plan if one has net been completed on the property..
2. A local municipality must be the holder or co-holder of the easement. If the municipality is a
co-holder of the easement, it must identify the other holder(s) of the easement and have an
agreement detailing the responsibilities of each party with regard to easement enforcemen~
and monitoring.
If you have any questions please contact Bob Somers at (518) 457-2713.
'~UL-12-1999 89:40 FROM NYS AG & MKT FISC MGT 8-498768-5167656145 P.O~
FARMLAND PROTECTION IMPLEMENTATION PROJECTS APPROVED BY
THE DEPARTMENT OF AGRICULTURE AND MARKETS
COUNTY/TOWN
SUFFOLK (C)
ORANGE (C)
SOUTHAMPTON (T)
SOUTHOLD ('I')
AMHERST (T)
PI'~'SFORD ('I")
STUYVESANT (T)
ONONDAGA (C)
ESSEX (C)
SARATOGA (T)
RIVERHEAD (T)
Round V RoUnd V
$ EPF 97/98 $ BOND 97/98
195,.060 564,400
167,265 ,-'
702,000
337,500
300,000
500,000
316,000
461,250
253,000
283,000
435,600
$ FED 98199
400,000
83,000
155,000
85,000
200,000
160,000
154,000
83,000
80,000
TOTAL 3,515,075 1,000,000 1,400,000
(C) Indicates County and (T) indicates Town
EPF - The NYS Environmental Protection Fund
BOND - The NYS Clear Air/Clean Water Bond Act
FED - Federal Funding Provided by the USDA CCC for non-Bond Act projects
approved in Round V, FY 19~7.*.198
~$UL-12-1999
09:40 FROM NYS AG & MKT FISC MGT
~TAT£ OF NEW YOR~
DEPARTMENT OF AGRICULTURE AND MA,RK~TS
8-498768-5167656145 P.04
April 6, 1~98
Ms. Jean W. Cochran, .Supe~isor
Town of Southold
Town Hall, 53095 Main Road
PO Box 1179
Southold, NY 11971
Dear Supervisor Cochran:
I am very pleased to inform you that the Department of Agriculture and Markets
has awarded' the Town of Soub~oid the sum of _~337,500 to assist the Town in' its
farmland preservation efforts. These funds may be used to purchase development
rights or conservation easements on any of the following prope~es YOu submitted for
consideration under your Agricultural and Farmland Protection Implementation Grants
application:
C. & M. Young
L Woodhull Est.
J, EiCkhoff (Pugliese Vineyards)
ACTM Equities
Rom (Peconic land
W. Ruland
W. Ackermann
R. Van Nostcand.
R. Blum
Raphael Vineyards
L Lappe
L Edson
Before the state funds can be provided for' the purchase of easements or
development fights on any of the approved properties, it will fimt be necessary to
develop a contract between the Department and ~ Tow~. This contract must contain,
at 'least, an agreed upon plan of work and budget. Project experMitums which occur
prior to the approval of the contract by the State Compb-oller might not 'be mimbum, ed.
Therefore, we =strongly advise that you not incur any ex1=endY~res for whicJn state
reimbursement wile be sought until.the contract is approved.
t W~nners C{rele ~, Albany, New Yozt[ '~2235 4. ~: (S18)4b'7-4'(~ ~,P~*. (518) 4S7-3087
°3UL-12-1999 09:41 FROM NYS AG & MKT FISC MGT 8-498768-5167656145 P.05
Ms. Jean W. Cochran ·
Page 2
^pnl 6, 1998
I~'order to fadlitate the timely development of 'a contract, I am requesting that
you identify the principal contact person with whom you would like us to work. Please
provide Ibis information to Robert Somers who heads our AgrioJItuml Proteclion unit.
He may be reac~ed by phone at 518~57-2713, by fax at 518-457-2716, or by mail in
care of the Department's main orris-,= located at I Winnem Ci~de, Albany, New York
12235-0001. ~
The Department looks fomrard to Working with you in pre. serving your valuable
farmland resources for agricultural production purposes now and in the future.
SinCerely,
Donald R. Davidsen
Commissioner.
DRD/bas
Mr. RJcharfl C. Ryan; Chairman, Land Preservation Comm~ea
Chair, County. Agricultural and Farmland Protection Board
FROM NYS RG & MKT FISC MGT
STATE OF NEW YORK
DEPARTMENT OF AGRICULTURE AND MARKETS
I WlNNER$ CIRCLE
AU~ANY, NEW YORK 12Z35
December 10, 1998
8-498768-5167656145 P.06
Ms. Jean W. Cochins, Supervisor
Town of Southold
Tow~ Hall, 53095 Main Road
PO Box 1179
South~ld, NY 11971
Dear Supervisor Cochran:
I am very pleased to infon-n you that the Department of Agriculture and Ma~ets is awarding the
Town of $outflold the sum of $155,000 from federal funds we received to assist with farm~and protection
efforts.
On July 17, 1998, the Department submitted a request for:fedex-al funding ued~ Section 388 of
the Federal Agriculture Imprcveme~t and Reform Act of 1996 which ~=blished the Fsrmlaed Protection
Pr~jram. The Department was notified that the United States of America, Commodity Credit Corporation
(CCC) and the Natural Resources Conservation Service (NRCS), awarded the Slate $1.4 million to
purchase conservation easements or development rights on viable farmland which is under development
pressure.
The State's request for funding was a coordinated response and one that was cooperativehj
prepared with assistance from Department and municipal staff, ceunty Comell Cooperative Extension
officeS, and the USDA Natural Resources Conserval~on Sel~.,e. Federal funds am to be used in
conjunction with farmland protection funding provided to you by the State in 1998. These funds must be
used to purchase the development dghts/~z:mservafion easements on the fan'ns listed in the attached
document. I have also e~lciosed a c.~py of my award letter de~ignafing the amount of State funding
alluca~ed to you in 1998.
We are in the process of developing a contract which will authorize the transmittal of I:~th the
federal funds, authorized herein, and the state funds as awarded in the attadned letter, In the meantime, if
you have any questions c~nceming the f~leral award or ',he c~ntract precis, please contact ~ BIo~ or
Bob Somera at (518) 457-7076.
Sincerely,
Donald R. Devidsan, D.V.M.
Commissioner
DRD/rcs
Enclosures
cc: Madlyn Stephenson, Area Conservationist, USDA NRCS
Ken Schmitt. Chair, Suffolk County AFPB
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFOlhM. ATION OFFICER
OFFICE OF THE TOWN CLEH
TOWN OF SOUTHOLD
July 1, 1999
Gail Fuller
Associate Budget Analyst
State of New York
Department of Agriculture & Markets
Division of Fiscal Management
Albany, New York 11235
P 2;~b
TOWN CLERK
US Postal Service
R~ceik, Tor Certified Mail
N~'I~ ,~arance Coverage Provided.
Do not use for International Mail (See reve[se
Sentto Gail I-uller
Aeen~r'i:~lra RiJdnet Analyst
~r~umber$ te ~f ~or~
Albany, NY 11235
Pos~ge $
~fl~ Fee ~ . ~
Return acap[~n~
~0m & ~a~ 1.25
Ream R~ ~ ~ ~,
TOTAL ~o~ :~ ~
Dear Ms, Fuller:
I am transmitting to you the agreements and checklist for the
Department of Agriculture & Markets Farmland Protection Implementation
Grant #C800504 at the direction of the Town Attorney. We will await
further instructions from you, Thank you for your assistance,
Very truly yours,
Southold Town Clerk
cc: Town Attorney
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-6145
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS
ADOPTED AT A REGULAR MEETING OF THE $OUTHOLO TOWN BOARD
HELD ON JUNE 8, 1999:
RESOLVED, that the Town Board of the Town of Southold hereby
authorizes Supervisor Jean W. Cochran to execute all necessary
agreements to secure the Department of Agriculture and Markets Farmland
Protection Implementation Grant. This grant is identified by Contract
#C800504; the amount of the grant is $492,500.00 and the contract period
runs from 4~6~98 - 3/31/2001.
Southold Town Clerk
June 8. 1999
Deparunen[ol Agncmmm aha ~,la~Kecs
Division of Fiscal Management
1 Wmnc~s C. hd¢
Albany, N~w Yc~k 12235
CONTRACTOR INFO~TION CHECKLIST
t~B.~ine.s.s Narn¢
Town of Southo]d
DBA
P.O. Box 1179, 53095 Main Road, Southold, NY 11971
Southold NY 11971 ( 516 )! 765-1889
Contact Pe,~a Social Security or Federal ID Numb~ (I) Municipality Code (2)
k, Supervisor Jean W. Cochran 11-600-1939 /
S~:L~-CT ONLY ONE OF THE FOLLOWING:
~'~ GOVerm~enml or Quasi-GovernmentalAge~cy
[--] NewYo~ Corporation
[~, Out-of-State Corp~tion
Non-Profit/Non-Charitablc Corporation
Non-Profit/Charitable Carpot~on
Individual
(3) (4)
(3) (4)
"COMPI~-r s'- ONLY THOSE BLOCKS BELOW W~IICH ARE APPLICAB! .1~;
r 1. Da~ c~ I~.oqxn~ou ~ County '-
4. Anttmtized to do b.~ness in New York State ~'~ Yes ['~ No''
5. NY Secretary of State t'~ndfies Re~trnti<m # & E-~npt ~ Ye~
7. Rea.son for Exemption
IL Parmer Name(s)
9. Partner Address(s)
10. Telepl~me NumbS?)
( )
SEE REVERSE SIDE FOR AN EXPLANATION OF FOOTNOTES.
AGREEMENT
New York State
Department of Agriculture and Markets
I Winners Circle
Albany, NY 12235-.0001
Agency Code 06000
AGRICULTURAL AND FARMLAND PROTECTION
IMPLEMENTATION GRANT
STATUTORY AUTHORITY: Agriculture and Markets Law Article
25AAA
Contract Number:. C800504
Amount of Agreement: $492,500
Contract Pedod:
Renewal Date:
Municipal Code:
4/6/98 to 3/31/01
47-03-7900-0000
Contractor Name/Project Sponsor. Town of Southold
Street: PO BOX 1179 City: Southold
State: NY Zip: 11971
Billing Address (if different from above):
Street:
City: State: Zip:
T~e/Oescdption of Project: Town of Southold Agricultural & Farmland Implementation Grant
THIS AGREEMENT INCLUDES THE FOLLOWING:
l~3 This Coversheet
[] Appendix A (Standard Clauses for ail New York State Contracts
[] Appendix B (Project Budget)
[] Ap~lx C (Agricultural & Farmland Protection Board
Appendix D (The Department's General Conditions)
[] Appeedb(E (Fedara Cond~ns)
[] Appendix F -Cooperative Agreement 73-2C31-8-440
FOR AMENDMENTS CHECK THOSE THAT APPLY:
The Contractor and the Depar{
terms and conditions cc
,-~ CON'~CcTOR
Signetura of Contractor's Authorized Representative:
Date: 6/11/99
Typed or Printed Name of Above Representative:
Jean W. Cochran. Supervisor
~ of Authorized Representative:
Notary Pul3{ic: Off this day before me personally appeared
, to me known, and
known to me to be the same person who e~e<~uted Ihe abeve
instrdment and duly actqtowtedged the exect.,flon of the same.
Attorney General:
[] Additional Work
[] Extension of TIme
From to
[] Increase Amount
[] Decrease Amount
[] Renewal: __Remaining
[] Revised Budget
[] Revised Scope of Work
[] Other
ff Incraase/Decraase in Amour:
Previous Amo~'"~t: $
Increase/decrease
New Total: $
ment agree to be bound by the
ltained in this Acjreement
NYS DEPARTMENT OF AGRICULTURE &
MARKETS
Signature of Aulhorlzed Officiai:
Data:
Typed or Printed Name of Above Official:
'i-r~e of Author[zed Official
State Agency Certification: In addition to the acceptance
of this contract, I also certify that original ceplse of 5~is
signature page will be attached to all other exact copies
of this contract.
AGREEMENT
New York State
Department of Agriculture and Markets
I Winners Circle
Albany, NY 12235-0001
Agency Code 06000
AGRICULTURAL AND FARMLAND PROTECTION
IMPLEMENTATION GRANT
STATUTORY AUTHORITY: Agriculture and Marketa Law Article
25AAA
Contract Number:. C800504
Amount of Agreement: $492,500
Contract Period:
Renewal Date:
Municipal Code:
4/6/98 to 3/31/01
47-03-7900-0000
Contractor Name/Project Sponsor. Town of Southold
Street: PO Box 1179 c~: Southold
State: NY Zip: 11971
Billing Address (if different from above):
Street:
City: State: Zip:
T'~le/Description of Project: Town of Southold Agricultural & Farmland Implementation Grant
THIS AGREEMENT INCLUDES THE FOLLOWING:
[] This Coversheet
[] Appendix A (Standard Clauses for ail New York State Contracts)
[] Appendix B (Pro~ect Budget)
[] Appandlx C (Ag~cultuml & Farmland Pmtecifon Board
Appaca~on)
[] Appendix D (The Department's General Conditions)
[] Appendix E (Federal Conditions)
[] Appendix F -Cooperative Agreement 73-2C31-8-440
[] Additional Work
[] Extension of ~me
From to
[] Increase Amount
[] Decrease Amount
[] Renewai: _Remaining
[] Revised Budget
[] Revised Scope of Work
[] Other
FOR AMENDMENTS CHECK THOSE THAT APPLY:
If Increase/Decrease In Amount:
Previcus AmourS: $
New Total: $
The Contractor and the Depar{ ment agree to be bound by the
terms and conditions contained in this Agreement
('x CONTR.~CTOR ! NYS DEPARTMENT OF AGRICULTURE &
~ ~,~ ~ Su v. MARKETS
Signature of ~or's Authorized Representative: i Signature of Authortzed Official:
Date: 6/11/99
Typed or P~ntad Name of Above Representative:
Jean W. Cochran, Supervisor
Title of Authorized Representative:
Notary Public: On this day before me personally appeared
, to me known, and
known to me to be the seine person who e~cuted the above
instrument and duly acknowledged the execution of the same.
Attomey General:
Date:
Typed or Printed Name of Above Officlah
T'~e of Authorized Official
State Ageacy Cerlfflcation: In addition to ~le acceptance
of thla contrect, I aiso certify lhat ortgtnai ceplas oHhla
signature page will be attached to all other e~act ceplas
of this contract.
AGREEMENT
New York State
Department of Agriculture and Markets
I Winners Circle
Albany, NY 12235-0001
Agency Code 06000
AGRICULTURAL AND FARMLAND PROTECTION
IMPLEMENTATION GRANT
STATUTORY AUTHORITY: Agriculture and Markets Law Article
2SAAA
Contract Number:. C800504
Amount of Agreement: $492,500
Contract Pedod:
Renewal Date:
Municipal Code:
4/6/98 to 3/31/01
47-03-7900-0000
Contractor Name/Project Sponsor:. Town of Southold
Street: PO Box 1179 City: Southold
State: NY zip: 11971
Billing Address (if different from above):
Street:
City: State: Zip:
T~Desc,pUon of Project: Town of Southold Agricultural & Farmland Implementation Grant
THIS AGREEMENT INCLUDES THE FOLLOWING:
[] Appendix A (Standard Clauses for ail New York State Contracts)
[] ,akopendix B (Pro~ect Budget)
[] Appendix C (Agricultural & Farmland Protection Board
Ap~aaon)
[] Appendix D (The Department's General Cond'~ns)
[] Appendix E (Federal Conditions)
[] Appendix F -Cooperative Agreement 73-2C31-8-440
FOR AMENDMENTS CHECK THOSE THAT APPLY:
The Contractor and the Depar{
terms and conditions cc
~-"~ .. CQI~'FF~CTOR
supv.
Signature of Oont~a~or's Aulhorlzod Representative:
Date: 6/11/99
Typed or Printed Name of Above Representative:
Jean W. Cochran, Supervisor
Tiife of Auti-todzed Representative:
Notary Pub#c: On this day before me personally appeared
, to me known, and
known to me to be lhe same person who e~ecuted the above
instmmont and duly act(nowladged the ex~ifon of ~e same.
Attorney General:
[] Additkxtai Work
[] Extension of Time
From to
[] Increase Amount
[] Decrease Amount
[] Renewal: _Remaining
[] Revised Budget
[] Revised Scope of Work
[] Other
if Increase/Decrease In Amount:
Previous Amomt: $
Increase/decrease
New Total: $
rnent agree to be bound by the
ntained in this Agreement
NYS DEPARTMENT OF AGRICULTURE &
MARKETS
Signature of Authorized Official:
Date:
Typed or Printed Name of Above Official:
T~e of Authored Official
State Agency Certification: In addition to the acceptance
signature page will be attached to all other exact copies
of this contract.
New York State
Department of Agriculture and Markets
I Winners Circle
Albany, NY 12235-0001
Agency Code 06000
AGREEMENT
contract Number. C800504
Amount of Agreement: $492,500
AGRICULTURAL AND FARMLAND PROTECTION
IMPLEMENTATION GRANT
STATUTORY AUTHORITY: Agriculture and Markets Law Article
2SAAA
Contract Period:
Renewal Date:
Muntd~pai Code:
4/6/98 to 3/31/01
47-03-7900-0000
Contractor Name/Project Sponsor. Town of Southold
Street: PO BOX 1179 CH: SOuthoId
State: NY Zip: 11971
Billing Address ('d different from above):
Street:
City: State: 7Jp:
Trile/Descdption of P~ect: Town of Southold Agricultural & Farmland Implementation Grant
THIS AGREEMENT INCLUDES THE FOLLOWING:
[] This Coversheet
[] Appendix A (Standard Clauses for ail New York State Contracts)
[] A~ix B (Project Budget)
[] Appendix C (Agricultural & Farmland Protection Board
~Ap/~L D ('the Department's Generai Conditions)
[] Appendix E (Federal Conditions)
[] Appendix F -Cooperative Agreement 73-2C31-8-440
FOR AMENDMENTS CHECK THOSE THAT APPLY:
Signature
[] Additional Work
[] Extension of Time
From to
[] Increase Amount
[] Decrease Amount
[] Renewai: _Remaining
[] Revised Budget
[] Revised Scope of Work
[] Other
ff Increase/Decrease In Amount:
Previous Ammxtt: $
Increase/decrease
New Total: $
Attorney General:
Notary Public: On this day before me personetiy appeamcl
, to me known, and
known to me to be the seine person who e.~ecuted lhe above
instn~ment and duly acknowledged the e~ecuticn of the same.
Date:
Typed or Printed Name of Above Official:
T~tte of Authorized Official
State Agency Ce~ficaticn: In addition to the acceptance
of ~ls contract, I aiso carflfy that orlglnai copies of this
signature page wa be attached to ail other e~act copies
of this contract.
Typed or Printed Name of Above Representative:
Jean W. Cochran. Supervisor
~ae of Authorized Representative:
Date: 6/11/99
The Contractor and the Department agree to be bound by the
terms and conditions ~
· -,. CONI'~ACTOR I NYS DEPARTMENT OF AGRICULTURE &
- ~o ~-~,~~ ~ _ _ . MARKETs
of ctor's Autborlzed Reprasentat~e: Signature of Au~horizdd
· "; ' · New York State
Depar~tent of Agriculture and Markets
I Winners Circle
Albany, NY 12235-0001
Agency Code 06000
AGRICULTURAL AND FARMLAND PROTECTION
IMPLEMENTATION GRANT
STATUTORY AUTHORITY: Agriculture and Markets Law Article
25AAA
AGREEMENT
Contract Number.' C800504
Amount of Agreement: $492,500
Contract Pedod:
Renewal Date:
Municipal Code:
4/6/98 to 3/31/01
47-03-7900-0000
Contractor Name/Project Sponsor. Town of Southold
Street: PO Box 1179 CH: SouthoId
State: NY ;Dp: 11971
Billing Address (if different from above):
Street:
City: State: Tip:
T~le/Descdplion of Project: Town of Southold Agricultural & Farmland Implementation Grant
THIS AGREEMENT INCLUDES THE FOLLOWING:
[] Appendix A (Standard Clauses for all New York State Contracts)
[] Appandix B (Project Budget)
[] Appendix C (Agricultural & Farmland Protection Board
~0~Append
ix D (The Department's General Conditions)
[] Appendix E (Federal Conditions)
[] Appendix F -Coopamtive Agreement 73-2C31-8-440
FOR AMENDMENTS CHECK THOSE THAT APPLY:
If increase/Decrease In Amount:
[] Additional Work
[] Extension of Time
From to
[] Increase Amount
[] Decrease Amount
[] Renewal: _Remaining
[] Revised Budget
[] Revised Scope of Work
[] Other
Previous Amount: $
Increase/decrease
New Total: $
The Contractor and the Depar{'ment agree to be bound by the
terms and conditions c° ~tained In this Agreement
~ .~,-'~'/'"'. Supv.
Signature of Conll~ctor's Augnorized Representative:
Date: 6/11/99
Typed or Printed Name of Above Representative:
Jean W. Cochran, Supervisor
Title of Authorized Representative:
Notmy Public: On this day before me personally appeared
, to me Imown, and
known to meto belhe same porsen who e~uted lhe above
Instrument and duly aci~owledged tl~e exacution of the same.
Altomey General:
NYS DEPARTMENT OF AGRICULTURE &
MARKETS
Signature of Authoflzed Official:
Date:
Typed or Printed Name of Above Official:
Title of Authorized Official
State Agency Cedification: In addition to the acceptance
of this contract, I alse ceriffy that o~gtnal copies of this
signature page will be attached to all other exact copies
of this contract.
APPENDIX A
STANDARD CLAUSES FOR ALL NEW YORK STATE CONTRACTS
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 bythe following clauses which are hereby made a part of the contract (the word "Contractor" herein
refers to any party other then the State, whether a contractor, licenser, licensee, lessor, lessee or any other party):
1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under
this contract to the Contractor or to anyone else beyond funds approprietad and available for this contract.
2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be
assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or othen~ise disposed of without
the previous consent, in writing, of the State and any attempts to assign the contract are null and void. The Contractor may,
however, assign its right to receive payment without the State's prior written consent unless this contract concerns Certificates of
Participation pursuant to Article 5-A of the State Finance Law.
3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law (or, if this contract is with the
State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $10,000
(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, 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. WORKERS' COMPENSA'~ON BENEFITS. In accordance With Section 142 of the State Finance Law, this contract shall
be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the
benefit of such employees as ara required to be covered by the provisions of the Workers' Compensation Law.
5. NON-DISCRIMINA'RON 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 ifs 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) discriminate 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 subcontraofors shall, by reason of race, creed, color, national origin, age, sex or
disability:. (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b)
discriminate against or intimidate any employee hired for the performance of work under this coNract. Contractor is subject to fines
of $50.00 per person per day for any violation of Sectio~ 220-e or Section 239 as wall as possible termination of this contract and
forfeiture of all moneys due hereunder for a second or subsequent violation.
6. WAGE AND HOURS PROVISIONS. If this is · public work contract covered by Article 8 ct the Labor Law or a building
service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required
or 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 sot 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 REQUIREMENT. In accordance with Section 139-d of the State Finance Law, 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 coitusion aimed at restricting competition. Contractor further warrants that, at the time Contraofor
submitted its bid, an authorized and racponeible person executed and delivered to the State a non-collusive bidding certification on
Contractor's behalf.
8. INTERNA~0NAL BOYCO'I'r PROHIBmON. 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, the contractor agrees, es a material condition of the contract, that neither the
Contractor nor any substantially owned or affiliated person, firm, partnership or corporation hac participated, is participating, or shall
participate in an intemational boycott in violation of the federal Export Administration Act of 1979 ($0 USC App. Sections 2401 et
(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 woman are afforded equal
employment opponunitiss without discrimination. Affirmative action shall mean recruitment, employment,
job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other
forms of compensation;
(b) at the request of the contracting agency, the Contractor shall request each employment agency, labor
union, or authorized representative of workers with which it has a collective bargaining or other agreement
or under-standing, to furnish a written statement that such employment agency, labor union or
representative will not discriminate on the basis of race, creed, color, national migin, sex, age, disability or
marital status and that such union or representative will affirmatively cooperate in the impismantation of
the contractor's obligations herein; and
(c) the Contractor shall state, in all solicitations or 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.
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 of 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) employment outside New York State; or (iii) banking services, insurance policies or the sale of securities. The State shall
consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment
opportunity which effectuates the purpose of his section. The contracting agency shall determine whether the imposition of the
requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the
contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply
with all duly promulgated and lawful rules and regulations of the Governor's Office of Minority and Woman'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 LAW. This contract shall be governed by the laws of the State of New York except where the Federal
supremacy clause requires othenvise.
15. ~ 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 atatutorily authorized), but must, instead, be heard in a court of competent jurisdiction
of the State of New York.
17. SERVlC OFPR SS InadditiontothemethodsofsewiceallowedbytheSteteCivilPracticeLaw&Rulas
CCPLFF), contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service
hereunder shall be complete upan Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United
States Postal Service as refused or undeliverable, contractor must prorr~,~ notify the State, in writing, of each and every change o!
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 to respond.
18. PROHIBITION ON pURCHASI~ OF TROPICAL HARDWOODS. The 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 the
State Finance Law Article 165. (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless
specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation. Qualifications
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 perlormed by any
subcontractor, the pdme Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed
end is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in Article 165 State Finance
Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. Under bidder
certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State.
3
George E. Pataki
Governor
STATE OF NEW YORK
DEPARTMENT OF AGRICULTURE AND MARKETS
Donald R. Davidsen, D.V.M.
Commissioner
April 6, 1998
Ms. Jean W. Cochran, Supervisor
Town of Southold
Town Hall, 53095 Main Road
PO Box 1179
Southold, NY 11971
Dear Supervisor Cochran:
I am very pleased to inform you that the Department of ^gdculture and Markets
has awarded the Town of Southold the sum of $337,500 to assist the Town in its
farmland preservation efforts. These funds may be used to pumhase development
rights or conservation easements on any of the following properties you submitted for
consideration under your Agricultural and Farmland Protection Implementation Grants
application:
C. & M. Young
L. Woodhull Est.
J. Eickhoff (Pugliese Vineyards)
ACTM Equities
Fiore (Peconic land Trust)
W. Ruland
W. Ackermann
R. Van Nostrand
R. Blum
Raphael Vineyards
L. Lappe
L. Edson
Before the state funds can be provided for the purchase of easements or
development rights on any of the approved properties, it will first be necessary to
' develop a contract between the Department and the Town. This contract must contain,
at least, an agreed upon plan of work and budget. Project expenditures which occur
prior to the approval of the contract by the State Comptroller might not be reimbursed.
Therefore, we strongly advise that you not incur any expenditures for which state
reimbursement will be sought until the contract is approved.
1 Winners Circle · Albany, New Yot~ 12235 · Phone: (518}457.4188 ·Fax: (518) 457-3087
Ms. Jean W. Cochran
Page 2
April 6, 1998
In order to facilitate the timely development of a contract, I am requesting that
you identify the principal contact person with whom'you would like us to work. -Please
provide this information to Robert Somers who heads our Agricultural Protection Unit.
He may be reached by phone at 518-457-2713, by fax at 518-457-2716, or by mail in
care of the Department's main offices located at I Winners Circle, Albany, New York
12235-0001.
The Department looks forward to working with you in preserving your valuable
farmland resources for agricultural production purposes now and in the future.
Sincerely,
Donald R. Davidsen
Commissioner
DRD/bas
CC:
Mr. Richard C. Ryan, Chairman, Land Preservation Committee
Chair, County Agricultural and Farmland Protection Board
$18 4S7-?07~
F~: 518 457-2716
STATE OF NEW YoRK
DEPARTMENT OF AGRICULTURE AND MARKETS
1 WINNERS CIRCLE
ALBANY, NEW YORK 12235
December 10, 1998
Ms. Jean W. Cochran, Supervisor
Town of Southold
Town Hall, 53095 Main Road
PO Box 1179
Southold, NY 11971
Dear Supervisor Cochran:
I am very pleased to inform you that the Department of Agriculture and Markets ~s awarding the
Town of Southold the sum of $155,000 from federal funds we received to assist with farmland protection
efforts.
On July 17, 1998, the Department submitted a request for federal funding under Section 388 of
the Federal Agriculture Improvement and Reform Act of 1996 v/nich established the Farmland Protection
Program. The Department was notified that the United States of Amedca, Commodity Credit Corporation
(CCC) and the Natural Resources Conservation Service (NRCS), awarded the State $1.4 million to
purchase conservation easements or development dghts on viable farmland which is under development
pressure.
The State's request for funding was a coordinated response and one that was cooperatively
prepared with assistance from Department and municipal staff, county Comell Cooperative Extension
offices, and the USDA Natural Resources Conservation Service. Federal funds are to be used in
conjunction With farmland protection funding provided to you by the State in 1998. These funds must be
used to purchase the development rights/conservation easements on the farms listed in the attached
document. I have also enclosed a copy of my award letter designating the amount of State funding
allocated to you in 1998.
We are in the process of developing a contract which will authorize the transmittal of both the
federal funds, authorized herein, and the state funds as awarded in the attached letter. In the meantime, if
you have any questions conceming the federal award or the contract process, please contact Klm Blot or
Bob Somers at (518) 457-7076.
Sincerely,
Donald R. Davidsen, D.V.M.
Commissioner
DRD/rcs
Enclosures
cc: Madlyn Stephenson, Area Conservationist. USDA NRCS
Ken Schmitt, Chair, Suffolk County AFPB
Town of Southold
C. & M. Young
Main Road
Laurel, New York 11948
Tax Map Number: 125-01-006.1
Estate of L. Woodhull
Elijah Lane
Mattituck, New York 11952
Tax Map Number: 108-03-006.1
J. Eickhoff
Pugliese Vineyards
Bridge Lane
Cutchogue, New York 11935
Tax Map Number: 97-01-016.1
ACTM Equities
Oregon Road
Cutchogue, New York 11935
Tax Map Number: 95-01-003
G. Young
Main Road
Orient, New York 11957
Tax Map Number: 19-01-001.2
· R. Blum
Main Road
Cutchogue, New York 11935
Tax Map Number: 75-01-015.1
· L. Edson
Main Road
Cutchogue, New York 11935
Tax Map Number: 102-02-016
Towr~ Hall, .53095 Mare Road
P.O. Box 1179
Southold. New Ye~ 11971
Fu (516) ~6~-~g23
Telephone (J 16) 76~. 1801
LAND PRESERVATION COMMITTEE ·
TOWN OF $OUTHOLD
Pro_iect Title: Purc,hase of Development Rights of selected farmlands within the Town of
Southold.
Ap~Town of Southold, Suffolk County, NY
by: lean W. Cochran, Supervisor, Town of Southold
Richard C. Ryan, Chairman, Town of Southold Land Preservation Comm.
~Town Hall 53095 Main Road,
PO Box 1179, Southold, Nrf 11971
Tel. (516) 765-1801
Fax (516) 765-1823
Maximum available as a ma~ch to expenditure of approximately
S2.275 NEllion in estimated costs. Town of Southold share to be:
about $1 ~Wallion r~g from bond Lssue approved 11/05/96 ;md;
necessa~T funclz from a $'2, lvfilllon development fights and open
space bond referendum, mtieipated to rec~ve voter-approval on
l 1/04/97.
Commence January 1, 1997
End (appmr,.) October, 1998
TOWN OF $OUTHOLD
Pro(e~ Summary
A~-ic~flture in r. be Tow~ of Southoid
The Towu ocli. 'e~ m ~ o~abou: 54..square miie~, and ~,,-~;,,~ 9820 ~ of
~ ~ ~.~ ~ 5869 ~
~e F~ B~., ~ Ccmd Coo~e ~o~
~ ~ ~ io~ ~ or ~ to ~e T~
~ :o ~n~e ~e ~. S~g 20
ion of the area. Further, the growing of nursery stock and tuff(sod), has become a portion
of the industry which has contributed sLmaiflcantly to the health of the farm community in
the Town.
' ~.PJannhlg~m~ Recognizing the inexorable' encroachment of development on
farmland, the Town has pursued a vigorous program of Farmland Preservation. The
current Land Preservation Committee was ~-t-established by Local Law in 1983. The
goals and tasks of the Committee are spelled out in Chapter 25 - Agricultural Lands
Preservation, of the Town Code(see Attachment "A"). Selection of farmland parcels for
preservation, is performed in accordance with a set of factors established by the
Committee (see Attachment "B'). These factors meet the priority criteria of Sectiun 325
of the New York State Agriculture and ,Markets Law. Additionally, the Code details
prolu'oitions and restrictions on use and/or alienation of farmlands preserved thereby.
Prior Activity: In 1983, 1987 and 1994, the community_approved bond issues, each for
$l.75 lW_Rlion, to acquire the development rights to farmland. In 1996, the vote,m ~
approved a $2. Nlillion bond issue, for the confinnafion of development fights purchases.
A serious and dedicated commitment to farmland preservation, thus far to the nme of
57.25 ~-W~ilion, has been demonstrated by the voters and taxpayers of the Town of
Southold.
Present Project: The commitment continues. The remaining funds of the 1996 bond
issue (approx. $1. ~XYxllion), as well as an additional $2. ~¥fillion anticipated via a bond
referendum for more purchases of development rights and open spaces, subject to voter-
approval on 11/04/97, are ear-marked to projects submitted to the Land Preservation
Committee.
Further, the Town has worked closely with third parties (i.e. Peconic
Land Trust and The Nature Conservancy) in certain s~,n6ons where the purchase of
development fights has been further enhanced by conservation easementa ~curefl on
adjacent lands. This approach has effectively "leveragod" more land into preservation, at
less cost to the Town. '-
The ongoing program will be conducted much in the same manner as
in the past. As will be shown herein, farmland owner-applications are in hand which would
commit the funds available, if all are successfully concluded. Additional applications are
always forthcoming. It is expected that this pattern will continue and may accelerate,
dependent upon fund-availability, economic influences and public awareness. These viable
and productive farmland applications, otten represent an opportunity to ~
~alarg~ an expanse of preserved agricultural land, coupling together ~ and new .ly-
acqui~d areas of development rights held by the Town of Southold and the County of
Suffolk.
1. Outstaading OtTers:
- One Il-acre farm parcel is in contract, at a cost of $88,960.
- Offers are outstanding on 8 farmland ownerships, comprising about 275 acres,
having an estimated cost of $1.5 Million.
2. Work in progress:
- There are at present, applicatio~ in front of the Committee from 7 farmland owners
offering development fights to approximately 330 acres of prime farmland, with an
estimated cost of $2.275 Million. These applications are being reviewed by the
Committee. Appra'~sals have been commissioned for some parcols. The applications are
assigned a priority order, ,~i,~g established aiteria, that is flexible to accommodate other
worthy farmlands brought to the attention of the Committee. Exp~ence indicates that the
amoum of acreage protected will only be limited by available fimding - not the level of'
fa.malaad-owner interest. Therefore, it is critically-important to ac, cms all sources of
funding, in striving to preserve the grearest amount of'farmland available.
3. Description and Status of Project Parcels above-noted ('m pdority order- s~ map
attachments):
1. C. & ~ Young, ,Main Road, Laurel; $CTMg 125-01-006.1
11 acres of farmland. In contract. Cost = $88,960.
2. L. Woodhull Est., Eliiah Lane. Mattituck; SCTM~ 108-33-006.1
i7 acres of farmland. Contract to be executed. Estimated cost,= $71,500.
3. J. Eickhoff (?ugliese Vineyards), Bridge Lane, Cutchogue; SCTMg 97-01-016.1
13.3 acres of farmland. Contract to be executed. Estimated cost = $119, 700.
4. ACTM Equities, Oregon Road, Cutchoffue; SCTlvlg 95-01-003
31 acres of farmland. Conuact t/~ be ~x~nmted. Estimated cost -- $185,000.
5. Fiore {'Peconic Land Trust), Main Road, Peconied SL'TM# 86-01-009
36.5 acres of farmland. Contract to be executed. Estimated cost = $255,000.
6. W. Ruland, .Main Road, Martimck; SCTM~ 115-02-002.1 & 003 and 107-011-10
64.2 acres of farmland. Offer outstanding_. Estimated cost = $450,000.
7. G. Youn~ .M~ Road. Orient: SCTM# 19--01-001.2
34.5 acres of farntland. Offer outstanding. Estimated mst = S151.~3}0.
8. W. Ackermann, ;Middle Road. Cumhogue; SCTIvlg 101-,~-004 and 108-03-007
58.7 acres of farmland. Offer outstanding. Estimated cost = $335,600.
9. IL Van Nostrand..King Str~. Orient: SCTM# 25-11-00-'
17.6 acres of farmland. Offer outstanding. Estimated cost TM $149,600.
Total estimated cost of DR's in offers/enntraets extended: $1.717.400.
10. R. Blum, Main Road, Cutchogue; SCTM~ 75-01-015.1
24.9 acres of farmland. Appraisal commissioned. Estimated cost = $200,000.
11. Raphael Vineyard, Main Road, Peconie; S~rM# 85-03-011.1
50 acres of farmland. Appraisal commissioned. Estimated cost = $350,000.
12. F. Lappe, Main Road, Southold; SCTM# 75-06-011 and 75-07-003.
54.3 acres of farmland. Estimated cost = $350,000.
13. L & R V'meyards, Middle Road, Mattitudq $CTM_2 101-01-004.1, 04.3 & 005.2
117.5 acres of farmland. Estimated cost = ~/00,000.
14. C. Baiz, Main Rd. & Ackerly Pond Rd., Southold, SCTM~ 69-05-004.1 and
69-03-009.3 and 56-05-001.3.48 acres of farnfland. Estimated cost -- $385,000.
15. H. Watt~, Middle Road, Cutchogue; SCTM~ 101-01-014.4-014.6.
12.6 acres of farmland. Estimated cost = $100,000.
16. L. Edson, Main Road, Cutchogue; SCTM~ 102-02-016.
24 acres of farmland. Estimated cost = $190,000.
Total estimated cost of owner-applications (331.3 acres) = 52.275 Million.
F. allgmenl~ The development fights are held by the Town of Southolck in a dedicated
fashion and in perpetuity. This fi~et is reflected in the title retained by underlying fee owner
oftha preserved farmland. Any proposed alteration in the terms o£town-held easement,
requires a public hearing, prior to adoption. The management/monitoring of the terms of
each easement, is a task of the Land ~on Committee.
~ Reviews and appraisals are on-going before the Committee. Offers and
contract/dosing ofprojec~ have commenced with available funds. Based on p~t
experience, bond funds currently ayah'able, as well as those antidpated via 11/4/97 voter-
approval, are expected to be disbursed or fully committed by October, 1998.
The Town of Southold Land Preservation Committee stands ready to pa~ddpate in this
pro,'am ~d~ the State of New York. The Town has a history of suce_~__~eful protection of
it's farmland resource, through purchase of development rights. The above-noted projects
attest to facts there are farmland owners willing to sell developmem rights to parties
willing to pay the price to preserve them.
Some owners will ultimately choose not to sell, however history, indicates that those
instances are quickly substituted by others who do. It is anticipated that this program ~411
proceed at a healthy pace, ~ven the invemory of parcels that qualify with the selection
criteria adopted.
Generally, the development fights are within a cost-range of $6000. to $8,500. per acre,
with the preponderance of the purchases nearer the ~5000. figure.
The process of review, recommendation, negotiation and contract/closing, involves the
Town Board, generally;, the Town Attorney, specifically, and the members of the Land
Preservation Committee, specifically.
Chairman: Richard C. Ryan, P.L.$.; Peal Estate O~cex (NYSDOT/DEC), retired;
licensed real estate broker.
Members: James Rich, Businessman, retired; farmland owner.
James Pint, P.E.: Suffolk County Health Dept. (water quality).
Noreen McKenna, Coop. Ed. Coord.-Southampton College; farmer.
Thomas Madi_mr~ Adverdsing/Media Executive, retired.
Fred Lee, farmer.
Michael Croteau, Graphic Designer, farmer.
Approximately SI. ,.Million re.~ available from the Town bond. approved by
referendum in 1996. An additional $2. ~Xrdlion in bonds for development fights and open
space purchases, is anticipated mbsequent to voter approval on 11/04/97.
Normal overhead ~xpenses. in the form of bond issuance-expense, secretarial
support/office expense, as well as the regular land acquisition expenses (title absaacting
and insurance, recording fees. etc.), are antidpated.
TOWN OF SOUTItOLD
LAND PRESERVATION COMMIITEE
Factors to be Considered in Land-Parcel Selection
The Town Code, in defining the purposes for the Open Space and Agricultural L~nds
Preservation Chapters, states that the acquisition of open space or open area in lands
located within the Town, is in the public interest and a proper purpose of the Town. In
defining the Agricultural Lands Preservation program, the Code states that the acquisition
of development rights in lands used in bona fide agricultural production, will conserve,
protect and encourage the improvement of prime agricultural lands, both for the
production of food and the preservation of open space. These two programs have similar,
but not identical goals.
The Land Preservation Committee is given the resporm'bility of recommending to the
Town Board, the purchase of fee or easement title to particular land parcels which meet
the goals of these two land presentation pro,reruns.
In order for the Committee to fulfill it's duty to the Town Board and to the citizens of
the Town, to recommend such land pamels fur acquisition, the following factors, as well
as others applicable to specifac circumstances, are considered in reviewing the re!etive
benefits to the Town, for any candidate-parcel.
Farmland Selection Factors:
1. Currently involved in a bona fide a_mScuitural production practice.
2. Soils quality for agricultural production.
3. Current/anticipated future practices, land-intensive or swacture-inte~s/ve.
4. Size - 10 acres or greater.
5. Land designated within an established. _-~ricultural Dim/ct, pursuant to ~ law.
Open Space Selection Factors:
1. Relatively natural and undisturbed condition.
2. Special topographic or historic features.
3. Significant wildlife habitat - ~xistin~potential.
4. Special views - to and/or fi.om parcel
Suffolk County Agricultural and Farmland Protection Board
c/o Comell Cooperative =.Extension - Suffolk County
246 Griffing Avenue. Riverhead, NY 11901-3086
October 8, 1997
Marjorie Brague, Director
Division of Fiscal Mar~emcnt
NYS Dept Of Agriculture and Markets
1 Winners Circle
Albany, New York 12235
Dear lvls. Braguc:
The Suffolk County. Agricultural and Farmland Protection Board met on October 8, 1997 to
review proposals for matching State fimds for the Suffolk County A~m-iculture and Farmland
Pro_re'am and to review proposals ~om local municipalities for State funds for their pro~aras.
The Town of Southold application was reviewed. Southold has a proven record of farmland
development fights acquisition going back 14 years. New matching funds and developmcm
pres.mre ha~ caused the Town to become more active in the last four years. Southold h~ passed
¢omm~liry approved bond issues in 1994, 1996 and is proposing one in 1997.
Thc Suffolk County Agzicultural and Fmnland Protection Board endorsed the Town's grant
application at it~ Octol~r 8, 1997 mc~d~g and 1oo~ forward to working with them in a
cooperative way as it Im~ in the past.
Two parce~ on the Town's list am also on the County's list. They are #9 IL Van Nostrand and
#14 C. Biaz. Whoever has enough funding first will go after acquiring these parcels.
Sincerely,
K.~meth SchmilI
Chairma~
Suffolk County A~ricuitural and ~:nmiand Protection Board
New Yod~ t t~l
relep~ ¢3M) 'J~,S-I IOi
I.~N~) PRESERVATIC)N COIdl~'l-~El~
~er 1, 1997
Dear Bob:
Per our telephone conversation this dat~, please find listed beJow, ~he eaumer~ed project
parcels found in the October 1 ~, 1997 propos~ together with my indication of their
cunzat ~ agricultu~ use.
1. C. & M. Young: vegetable crops (this project ha~ been completed).
2. L. Woodlmll Est.: apm,~ and pcr~mial plants.
3. J. ~ickhoff(l~,~iese ~rmeyards): vegetable crops,
4. ACTM Equit~; project tG'minated.
5. ~ore (Peconlc ]..and Trust): potatoes.
6. W. Ruland: pot~oes and vegetable crops.
7. G. Young: vegetable crops.
8. W. Ackemumn: grapes.
9. R, V~n Nostrsad: vesetable crops.
I0, R. Blum: grapes,
ll, Rzphad V'meymds: grapes,
~2. F. Lappe: potatoes.
13. L. & IL V'meyards: grapes.
14. C. ~ ~'apez & vege~le crops.
15. H. W~s: curremly flffiow- shted for grapes.
16. L. Edson: potatoes.
Please call mc: igyo~ nccd more infommtion r~wding th~ project ~
licafion.
Richard C. Ryan
Agreement No. _73-2C31
COOPERATIVE AGREEMENT
BETWEEN THE
UNITED STATES OF AMERICA
COMMODITY CREDIT CORPORATION
and the
NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS
for the
FARMLAND PROTECTION PROGRAM
This Cooperative Agreement, made this. day of ,1998 is entered
into by and between the United States of America, by and through the Commodity
Credit Corporation (CCC) and the Natural Resources Conservation Service (NRCS)
(hereinafter "the United States"), and the New York State (NYS) Department of
Agriculture and Markets for the implementation of the Fanniand Protection Program
(FPP). The CCC shall utilize the expertise and services of its various agencies of the
United States Department of Agriculture, including the NRCS and the Farm Serviee
Agency (FSA). For purposes of this Cooperative Agreement, the term "Parties" refers
collectively to the United States and the NYS Depar'anent of Agriculture and Markets.
I. AUTHORITY.
This Cooperative Agreement is entered into by the United States under the
authorities of the Commodity Credit Chatter Act, 15 U.8.C. 714 et seq.; section 388 of
the Federal A40'iculture Improvement and Reform Act (Pub. L. 104-127, 16 U.$.C. 3830
note); and the Boll and Conservation Domestic Allotment Act (Pub. L. 46, 16 U.8.C.
590a et seq.). The CCC $dmlninter8 the FPP under the general supervision of the Chief
of the NRCS who is a Vice President of the CCC.
IL BACKGROUND AND PURPOSE.
Enacted on April 4, 1996, section 388 of the Federal Agriculture Improvement
and Reform Act authorizes the Secretary of Agriculture to purchs~e conservation
easements or other interests in land with prime, unique, or other productive soil that is
subject to a pending offer from a State, Tribe, or unit of local government for the purpose
of protecting topsoil by limitln~o non-agricultural uses of the land. On March 20, 1998,
CCC published a notice in the Federal Register requesting proposals for participation
from States, Tribes, and units of local government See 63 FR 13615.
WHEREAS, the NYS Department of Agriculture and Markets and CCC have
mutual interests in preventing the conversion of agricultural lands to non-agricultural
uses; and
WHEREAS, NRCS and CCC administer the FPP; and
WHEREAS, the NY$ Department of Agriculture and Markets administers a
farmland protection program, and has pending offers for acquiring agricultural
conservation easements from landowners within the State of New York, and therefore,
the United States and the NYS Department of Agriculture and Markets have agreed to
combine their resources to assure that such areas are p:roteeted from conversion to
nona,~oricuimral uses.
Therefore, the parties agree to enter into this Cooperative Agreement.
IIL OBLIGATION OF FUNDS
Upon execution of thi.~ agreement, the CCC shall obligate the sum of
$1,400,000 for the acquisition of United Stat~ interests in conservation easements or
other interests in land. The NYS Department of Agriculture and Markets must request
payment of this amount in accordance with Part IV of this Cooperative Agreement by
September 30, 2000. After this date, any remaining funds will be released from this
obligation.
This Cooperative Agreement is the authorizing document to obligate CCC funds
to acquire easemants. The CCC's contribution for the acquisition of each conservation
easemant or other interests in land shall not be more than 50% of/he purchase price of
the conservation easement or other interests in land acquired by a county or local
government under Agreement with the NY$ Deparmaent of Agriculture and Markets and
may not be used for closing and related adminlntrative costa inculred for acquiring the
easement or other interests in land. Attachment A to this Cooperative Agreement
specifies the CCC funds to be used within the State of New York and includes a list with
detailed breakdown of the: (1) name and mniling address of the landor, (2) tax map
number(s) o.f the property; (3) number of acres to be acquired; and (4) esiimated easement
value. However, nothing in this document obllg~t~ the CCC orthe NY8 Depamnent of
Agdenlture and Markets to purchase all of the conservation easemems or interests in land
listed. There may be further additions or deletions to the list depeodlng on the prices paid
for the conservation easements or other intere~ in land, the ability to obtain good and
clear title, and future funding for acquisitions after fiscal year 1998. Additions or
deletions to the list will be made with mutual agreement between the Parties to this
Cooperative Agreement.
IV. PAYMENTS
The NYS Department of Agriculture and Markets shall notify NRCS when the
CCC funds are to be paid. CCC funds shall be paid t9 the NYS Depa~nent of
Agriculture and Markets after NRCS is notified that the conservation easement or ~ther
interests in land has been recorded and the NYS Department of Agriculture and Markets
has paid the landowner. All easement deeds utilized or approved by the NY,e,
Department of Agrleulture and Markets shall be annroved in advance by the NRC$
The NYS Department of Agriculture and Markets will submit Form SF-270
(Request for Advance/Reimbursement of Funds) and'ihe supplement information
specified below to the New York NRCS State office. The NYS Department of
Agriculture and Markets may submit the Form SF-270 after all the easements have been
recorded and the landowner has been paid or on a quarterly basis for each quarter that
easements have been recorded and the landowner has been paid.
At a miniraullh the following information shall be included in, or attached to, the
8F-270: (1) NYS Department of Agriculture and Markets; (2) agreement number, (3)
easement contract number;, (4) total amount of dollars paid for easement, specifying the
CCC share and the non-CCC share of the easement cost; (5) term of easement; (6) acres
acquired; (7) schedule payment number or final; (8) Tax Identificatio6'Niumber (TIN) for
NYS Department of Agriculture and Markets; (9) Federal Information Processing
Standards (FIPS) number for NYS Department of Agriculture and Markets; (10) Bank
routing number and account number for desired deposit location; and (11 ) copy of the
easement deed that colltaills the contingent right clause as described in Part V of this
Agreement.
A. Thc NYS Depaslment of Agriculture and Markets shall assure that
conservation easements or other interests in land acquired by county or local government
and approved co-holding land Irnsts, if any, under fltis agreement:
.:
1. nm with thc land in ~ty; ifa shorter duration is sought, the NYS
Department of A~t, rlculture and Markets must secure approval of the INrRC~,,
2. prevent the land from being converted to non-agricultural uses;
3. provide for the management and administration of the easement or other
interests in land by the county or local government and approved co-holding land Irust, if
ally.
4. require management of the property in accordance with a conservation elan
that is developed utilizing the standards and specifications of the NRCS field office
technical guide and is approved by the Conservation District; and
5. include the following provision where title is held by thecounty or Idea!
government and approved co-holdiag land trust, if any.
"Contingent Right in the United States of America:
In the event that the county or local government and approved co-holding land trust, if
any, fails to enforce any of the terms of this easement [or other interests in land], ~
determined in the sole discretion of the Secretary of the United States Department of
Agriculture, the said Secretary of Agriculture and his'~)r her successors and assigns shall
have tb.e fight to enforce the terms of the easement through any and all authorities
available under Federal or State law.
In the event that the county or local govemmem and approved co-holding land tnL~ if
any, attempts to terminate, tran,fer, or otherwise divest itself of any tights, tide, or
interests of thi.q easement [or other interests in land] without the prior consent of the
Secretary of the United States Department of Agriculture and payment of consideration te
the United States, then, at the option of such Secretary, all fight, tide, and interest in this
easement [or other interests in land] shall become vested in the UNITED STATES OF
AMERICA."
B. Unless otherwise agreed to by the Parties, a county or local govemmem and
approved co-holding land trust, if any, shall hold title to any conservation e&sement or
interest in land. However, tide may be held by the United States at the request of the
Secretary of Agriculture upon mutual agreement of the Parties.
VI. RESPONSIBILITIES.
A. The United States responsibilities:
1. The United States, by and through the IN'RCS, shall provide technical and other
services reqt!ir.ed to develop and implement conservation plans under this Cooperative'
Agreement. 'To ensure that the conservation plan is implemented appmpdately, the
NR. CS will be provided the opportunity to conduct periodic field visits on lands that are
enrolled in the FPP.
2. The CCC shall, subject to the availability of fun. ds, disburse the anpropfizte
funds to the NYS Department of Agriculture and Markets m accordance wit~ Part III and
IV of this Cooperative Agreement.
B. The NYS Department of Agriculture and Markets responsibilities:
4
1. The NYS Department of Agriculture and Markets shall assure that the county
or local government performs necessary legal and administrative actions to ensure proper
acquisition and recordation of valid easements or interests in land.
2. The NYS Department of Agriculture and Markets shall use all awarded funds ·
under this agreement for the acquisition of conservation easements or interests in lhnd
within approved FPP areas. CCC funds shall pay for not more than 50% of the purchase
price of the conservation easement or other interests in land acquired.
3. The NYS Departhaent of Agriculture and Markets shall pay all costs of
easement procurement and will operate and manage each easement in accordance with the
NYS Departmem of Agriculture and Markets farmland protection p.rogram and the FPP.
The United States shall have no responsibility for the'costs or management of the
easements purchased by the NYS Department of Agriculture and Markets. The NYS
Depamnent of Agriculture and Markets shall indemnify, defend, and hold the United
States hamaless for any costs, damages, claims, liabilities, and judgments arising from
past, present, and future acts or omissions of the NYS Depa~hnent of Agriculture and
Markets ia connection with the acquisition and management of the easements [or other
interests in land] acquired pursuant to this Cooperative Agreement. This indemnification
and hold harmless provision includes but is not limited to acts and omissions of the NYS
Department of Agriculture and Market's agents, suocessors, assigns, employees,
contractors, or lessees ia connection with the acquisition and management of the
easements acquired pursuant to this Cooperative Agreement which t~xtlt in: (1)
violations of any laws and regulations which are now or which may in the future become
applicable, and including but not limited to the Resource Conservation and Recovery AcL
as amended, 42 U.S.C. 6901 et seq., the Federal Water Pollution Control Act, as
amended, 33 U.S.C. 1251 et seq., the Comprehensive Environmental Response,
Compettnation, and Liability Act, as amended, 42 U.$.C. 9601 et seq., the Toxic
Substances Control Act, as amended 15 U.S.C. 2601 et seq., the Federal Insecticide,
Fungicide, and Rodenficide Act, as mended, 7 U.S.C. 136 et seq., and the Safe Drinking
Water Act, as mended, 42 U.S.C. 300f et seq.; (2) judgments, claims, demands,
.penalties, or fees assessed against the United States; (3) costs, expenses, and damages
recurred by the United States; or (4) the release or threatened release of any solid waste,
ha~rdous waste, hazardous substallce, pollutant, contarainant, oil in any form, or
petroleum product into the environment.
4. The NYS Department of Agriculture and Markets shall require the
incorporation into each conveyance instrument in which CCC funds are used as part of
the acquisition the "Contingent right in the United States of America" provision
described ia Part V of this Cooperative Agreement.
5. Prior to certification for payment, the NYS Department of Agriculture and
Markets shall ensure that all lands for wh/ch a conservation easement or other interest in
land has been acquired will have a conservation plan, as described in Part V'of this
Cooperative Agreement.
5
6. The NYS Department of Agriculture and Markets shall prohibit all non-
agricultural uses of the encumbered properties.
7. In acquiring easement and interests in land, the NYS Department of
Agriculture and Markets shall ensure that the title to the lands or interests therein shall be
unencumbered or, if encumbered by outstanding or reserved interests, the NYS
Department of Agriculture and Markets shall ensure that such encumbrance shall not
interfere with the purposes for which the land or interests there'm are being acquired. The
NYS Department of Agriculture and Markets shall assure that proper title evidence is
secured and that the United States is insured for the aden_uaey of the title at least to the
amount of the CCC price paid for the United States interest. In the event ofa fail~re of
title, the [STATE/County/Local Government] will reimburse the United States for the
amount of the CCC paid, less any amount paid to thC'United States from title
8. The NYS DepaCanent of Agriculture and Markets shall ensure that the
consideration paid to any landowners for the conveyance to the NYS Depma~ent of
Agriculture and Markets of any lands or interests in lands is no more than the fair market
value of the land or interests conveyed, as determined by an appraiser licensed in the
State. Any appraisal shall conform to the Uniform Appraisal Standards for Federal Land
Acquisitions (lntemgency Land Acquisition conference, 1992).
9. The NYS Department of Agriculture and Markets shall submit the
documentation identified in Part IV of this agreement prior to CCC disbursing funds for
payment.
10. Performance Reporting: The NYS Depaxanent of Agrieulture and Markets
will submit an annual report of the status of easement acquisition to CCC, or when
requested by CCC or blRC8. This report format will be defined by NRCS and submitted
to the United States representative for this AgrcemenL
VIL GENERAL PROVISIONS.
A. The period of this agreement shall be from the d~t_¢ of the last signature aff~xed hereto
through I2mmlt~A~2,~?2.
B. No assignment in whole or in part shall be male of any right or obligation under thin
Cooperative Agreement without the joint approval of beth the United States and the NYS
Department of Agriculture and Markets. Nothing herein shall preclude the United States
or the NYS Department of Agriculture and Markets from entering into mutually
acceptable arrangements or agreements. Such documents shall be in writing, reference
this agreement, and be maintained as part of the official agreement file.
6
C. This Cooperative Agreement ma3~ be mended, extended, or modified by x~inen
amendment signed by the authorized officials of the United States and the NYS
Department of Agriculture and Markets.
D. This agreement may be terminated by either party hereto by a written notice to the
other party at least 30 calendar days in advance of the effective date of the termination.
This agreement may be terminated by the United States if the United States determines
that the NYS Department of Agriculture and 'Markets has failed to comply with the
provisions of this agreement. In the event that this agreement is terminated for any
reason, the financial obligations of the parties will be as set forth in 7 CFR Part 3(~16.
E. This Cooperative Agreement shall be enforced and interpreted in accordance x~ith .
applicable Federal laws and regulations, directives, e~rculars, or other guidance: When
signed, this Cooperative Agreement will become binding on the NY$ Departmem of
Agriculture and Markets and the United States to be administered in accordance x~i[h 7
CFR Part 3015-Uniform Federal Assistance Rag~.flations and Pa~ 3016-Uniform ·
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments.
F. As a condition of this Cooperative Agreement, the NYS Department of Agriculture
and Markets assures and certifies that it is in compliance with, and will comply in the
course of the agreement with the Office of Management and Budget (OMB) Circular,
102 Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and local governments and other related circulars.
G. The program or activities conducted under this Cooperative Agreement shall be in
compliance with the nondiscrimination provisions contained in Titles VI and VII of the
Civil Rights Act of 1964, and other applicable nondi.~crimismtlon statutes: namely.
Section 504 of the Rehabilitation Act of 1973. These statutes are implemented tl~ough
vegul~ons of the Secretary of Agriculture (7'CFR, Part 15 and 15b), which provide that
no person in the United States shall on the grounds of race, color, national origin,, or
handicap be excluded from participation in, be denied the benefits of, or be otherw/~e
subjected to d/scdmination under any program receiving Federal financial assistance
from the Department of Agriculture or any agency thereof or ha any program actixitx,
conducted by the Department.-
H. The activities under this agreement will be in compliance with Title V of the Drag-
Free Workplace Act of 1988, 41 U.S.C. 702, and 7 CFR, Part 3017, Subpart F.
I. Employees of the NYS Department of Agriculture and Markets shall not be covJidered
as Federal employees or agents of the United States for any purpose under this
agreement.
J. The NYS D6partment of Agriculture and Markets shall give CCC, NRCS. or the
Comptroller General, through any authorized representative, access to and th~ rigk: :o
examine all records, books, papers, or documents related to this agreement.
7
K. If any recipient of Federal funds under this Cooperative Agreement materially fails to
comply with the terms of this Cooperative Agreement, the United States reserves the
right to wholly or partially recapture funds provided in accordance with 7 CFR Parts
1403, 3015, and 3016.
8
VIII. PRINCIPAL CONTACrS.
The United States representatixte for this Cooperative Agreement is:
Richard Swenson, State Conservationist
Natural Resources Conservation.Service ,'.-;
on behalf of theCommodity Credit Corporation
The Galleries of Syracuse
441 S, Salina St., Suite 354
Syracuse, NY 13202-2450
(315) 477-6504
The NYS Department of Agriculture and Markets representative for this
Cooperative Agreement is:
Robert Bettcker
NYS Deparh~ent of Agriculture and Markets
Fiscal Management
1 Winners Circle
Albany, NY 12234
518-457-9564
IN WITNESS WHEREOF, the following anthorized representatives of the United
States and the NYS Departmenl of Agriculture and Markets have executed this
Cooperative Agree~nent.
NYS Department of Agriculture and Markets
By: ~ ALGER' ~
Deputy Commissioner
D,S'FAT~RICA
DITY C _~.~ORPORATION
SWANSON
State Conservationist
9
ATTACI~4ENTA - SPECIAL P~OVISIONS
'I. DRUG-FREE WORKPLACE CERTIFICATION
II. CERTIFICATION REGARDING LOBBYING
III. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND O?HER
RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS
~ IV. ~ CLEA~AIR AND WATER CERTIFI~N-
V. ASSURANCES AND COMPLIANCE
VI. EXAMINATION OF RECORDS
ATTACHMENT A - SPECIAL PROVISIONS
The signatories agree to compl~ with the following special provisions
which are hereby attached to this agreement.
I. Drug-Free Workplace
By signing this agreement,._the sponsors are providing the -
certification set out below. If it is later determined that the
sponsors knowingly rendered a false certification, or otherwise
violates the requirements of the Drug-Free.Workplace Act, the
Service, in addition to any other remedies available to the Federal
Government, may take action authorized under the Drug-Free-Workplace
Act.
Controlled substance means a controlled substance ~n'Schedules I
through V of the Controlled Substances Act (21 U.S.C. 812) and as
further defined by regulation (21 CFR 1308.11 through 1308.15);
Conviction means a finding of (inciuding a plea of nolo
contendere) or imposition of sentence, or both, by any judicial body
charged with the responsibility to determine violations of the
Federal or State criminal drug statutes;
Criminal drug statute means a Federal or non-Federal criminal
statute involving the manufacturing, distribution, dispensing, use,
or possession of any controlled substance;
Employee means the employee of a grantee directly engaged in the
performance of work under a grant, including: (i) All direct charge
employees; (ii) All indirect charge employees unless their impact or
involvement is insignificant to the performance of the grant; and,
(iii) Temporary personnel and consultants who are directly engaged ~
in the performance of work under the grant and who are on the
grantee's payrol'l.-.This definition does not include workers not on-
the payroll of th~grantee (e.g., volunteers, even if used to meet a
matching requirements; consultants or i~dependent contractors not on
the grantees' payroll; or employees o~gbrecipients or
subcontractors in covered workplaces).
Certification:
A. The sponsors certify that it will or will continue to provide a
drug-free workplace by:.
(a) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of'a
controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
(b) Establishing an ongoing drug-free awareness program to
inform employees about--
(1) The danger of dr6g abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free
workplace;
(3) Any available drug counseling, rehabilitation, and
employee assistance programs; and
(4) The penalties that may be imposed upon employees for
drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be ~ngaged in
the performance of the grant be given a copy of the statement
required by paragraph (a);
(d) Notifying the employee in the statement required by
paragraph (a) that, as a condition of employment under the grant, the
employee will --
(1) Abide by the terms of the statement; and
(2) Notifying the employer in writing of his or her
conviction for a violation of a criminal drug statute occurring
the workplace no later than five calendar days after such a
conviction;
in
(e) Notifying the Service in writing, within ten calendar days
after receiving notice under paragraph (d)(2) from an employee or
otherwise receiving actual notice of such conviction. Employers of
convicted employees must provide notice, including position title, to
every grant officer or other designee on whose grant activity the
convicted employee was working, unless the Federal agency has
designated a central point for the receipt of such notices. Notice
shall include the ~dentification number(s) of each affected grant;
(f) Taking one of the following acgions, within 30 calendar days
of receiving notice under paragraph ~)~), with respect to any
employee who is so Convicted --'
(1) Taking appropriate personnel action against such an
employee, up to and including termination, consistent with the
requirements of the Rehabilitation Act of 1973, as amended; or
'(2) Requiring such employee to participate satisfactorily
in a drug abuse assistance or rehabilitation program approved for
such purposes by a Federal, State or local health, law enforcement,
or other appropriate agency;
(g) Making a good faith effort ~o continue to maintain a d~/g-
free workplace through implementation of paragraphs (a), (b), (c),
(d}, (e) and (f).
(h) Agencies shall keep the original of all disclosure rePcrts
in the official files of the agency.
B. The sponsors may provide a list of the site(s) for the
performance of work done in connection.with a specific project or
other agreement.
II.
Certification Regarding Lobbying (7 cFR 3018) (Applicable if
this agreement exceeds $100,000) - The sponsors certify to the
best of their knowledge and belief, that:
(1) No Federal appropriated funds hav~..been paid or will be paid, by
or on behalf of the sponsors, tO any-person for influencing or
attempting to influence an officer or employee of an agency, Mer~er
of Congress, and officer or employer of Congress, or a Merber cf
Congress in connection with the awardihg of any Federal contract, tke
making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been
paid or will be paid to any person for 3influencing or attempting to
influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an ~m_ployee of a Member of
Congress, in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit
Standard Form - LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
· (3) The sponsors shall require that the language of this
certification be i~cluded in the award documents for all subawards at
all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingI~j-
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entsred in~o.
Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, Title 31,
U.S. Code.. Any person who fails to file the required certifica=ion
shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
III.
Certification Regarding Debarmentf SUspensionf and Other
Responsibility Matters - Prima~-~ Covered Transactions~
(? CFR 3017)
(1) The sponsors~ certify to the best of its knowledge and belief,
that it and its principals:
(a) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded frqm covered
transactions by any Federal department or agency; ......
(b) Have not within a three-year period preceding this proposal
been convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal,
state or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery,.-br~bery, Wfalsification or destruction
of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise crir~nally or
civilly charged by a governmental entity (Federal, State cr local)
with commission of any of the offenses enumerated in paragraph (1)(b)
of this certification; and
(d) Have not within a three-year period preceding this
application/proposal has one or more public transactions (Federal,
State or local) terminated for cause or default.
(2) Where the primary sponsor is unable to certify to any of the
statements in this certification, such prospective participant shall
attach an explanation to this agreement.
IV. Clean Air and Water Certification
(Applicable if this agreement exceed $100,000, or.a facility to be
used has been the 'subject of a conviction under the Clean Air Act (42
U.S.C. 1857c-8(c)(1) or the Federal Water Pollution Control Act (33
U.S.C. 1319(c)) and is listed by EPA~_o_r_is not otherwise exempt.)
The project sponsoring organization(s) signatory to this
agreement certifies as follows=
(a)
Any facility to be utilized in the performance of
this proposed agreement is , is not ,
listed on the Environmental Protection Agency
List of Violating Facilities.
('b)
(c)
To promptly notify the State.Achninistrative
Officer prior to the signing of this agreement
by SCS, of the receipt of any communication
from the Director, Office of Federal Activities,
'U.S. Environmental P~otection Agency, indicatinc
that any facility which he proposes to use fpr
the performance of the agreement is under
consideration to be listed on the Environmental
Protection Agency List of Violating Facilities.
To include substantially this certification,
including this subparagraph (c), in every
nonexempt subagreement.
CLEAN AIR AND WATER CLAUSE
(Applicable only if the agreement exceeds $100,000, or a facility to
be used has been the subject of a convection under the Clean Air Act
(42 U.S.C. 1857c-8(c)(i) or the Federal Water Pollution Control Act
(33 U.S.C. (1319(c)) and is listed by EPA or the agreemen% is nct
otherwise exempt.)
A. The project sponsoring organization(s) signatory to zkis
agreement agrees as follows:
(1)
To comply with all the requirements of section 1!4
of the Clean Air Act as amended (42 U.S.C. 1857,
et seq., as amended by Public Law 91-604) and
section 308 of the Federal Water Pollution Contrci
Act (33 U.S.C. 1251 et. seq., as amended by Public
Law 92-500), respectively, relating to inspection,
monitoring, entry, reports, and information, as
well as other requirements specified in section i14
and section 308 of the Air Act and the Water Act,
respectively, and all regulations and guidelines
issued thereunder before the signing of this
agreement by SCS. ~
(2)
That no portion of the work required by this
agreement will be performed~%n-a facility listed
on the Environmental Protection Agency List of
Violating Facilities on the date when this
agreement was signed by SCS unless and until
the EPA eliminates the name of such facility
or facilities from such listing.
(3)
To use their best efforts to comply with clean
air standards and clean water standards at the
facilities in which the agreement is being
performed.
(4)
To insert the substance of the provisions of this
clause in any nonexempt subagreement, including
this subparagraph A.(4).
The terms used in this clause have the following
meanings:
(1)
The term "Air Act" means the Clean Air Act, as
amended (42 U.S.C. 1857 et seq., as amended by
Public Law 91-604).
(2)
The term "Water Act' means Federal Water Pollution
Control Act, as amended (33 U.S.C. 1251 et seq.,
as amended by Public Law 92-500).
(3)
The term "clean air standards" means any
enforceable rules, regulations, guidelines,
standards, limitations, orders7 controls,
prohibitions, or other requirements which are
contained in, issued under, or otherwise adopted
pursuant to the Air Act or Executive Order 1173~,
an applicable implementation plan as described
in section ll0(d.) of the Clean Air Act (42 U.S.C.
1857c-5(d)), and approved implementation procedure
or plan under section lll(c) or section Ill(d),
respectively, of the Air Act (42 U.S.C. 1557c-6(c)
or (d)), or an approved implementation procedure
under section l12(d) of the Air Act (42 U.S.C.
1857c-7(d)).
(4)
(5)
The term "clean water standards" means any
enforceable limitation, control, condition,
prohibition, standards, or other requirement
which is promulgated pursuant to the Water Act
or contained in a permit issued to a discharger
by the Environmental Protection Agency or by a
State under an approved program, as authorized
by section 402 9f the Water Act (33 U.S.C. 1342),
or by a local government to ensure compliance with
pertreatment regulations as required by section
307 of the Water Act (3 U.S.~'i-1317).
The term "compliance' means compliance with clean
air or water standards. Compliance shall also mean
compliance with the scheduled or plan ordered or
approved by a court of competent jurisdiction, the
Environmental Protection Agency or any air or water
pollution control issued pursuant thereto.
(6)
The term "facility" means any building,, plant,
installation, structure, mine, vessel or other
floating craft, location or site of operations,
owned lea-sed, or supervised by a sponsor, to be
utilized in the performance of an agreement or
subagreement. ' Where a location or site of
operations contains or includes more than one
building, plant, installation, or structure, the
entire location shall be'deemed to be a facility
except where the Director, Office of Federal
Activities, Environmental Protection Agency,
determines that independent facilities are
collocated in one geographical area.
V. Assurances and Compliance
As a condition of the grant or cooperative agreement, the reciuient
assures and certifies that it is in compliance with and will c~mply
in the course of the agreement with all applicable laws, regula%ions,
Executive Orders and other generally applicable requirements,
including those set out in 7 CFR 3015, 3016, 3017, 3018 and 30F5
hereby are incorporated in this agreement by reference, and such
other statutory provisions as are specifically set forth herein.
VI. Examination of Records
Give the Service or the Comptroller General, through any authorized
representative, access to and the right to. examine all records,
books, papers, or documents related to this agreement. Retain all
records related to this agreement for a period of three years after
completion of the terms of this agreement in accordance with the
applicable OMB Circular.
APPENDIX D
GENERAL CONDITIONS FOR
AGRICULTURAL AND FARMLAND PROTECTION IMPLEMENTATION
AGREEMENTS
New York State Department of Agriculture and Markets
These general conditions apply to the administrative aspects of the
Grant Agreement and reflect New York State's contract recordkeeping and
payment procedures. These general conditions cannot be changed.
PAYMENT
Payment of state funds shall be made to the Contractor after approval of
this Agreement by the State Comptroller, upon the submission of a payment
request (Standard Voucheri, an executed purchase agreement with the
landowner, a budget report detailing the Contractor's match, two copies of an
appraisal by a New York State Certified General Real Estate Appraiser, the
required title policy, a copy of all subordination agreements, an approved
easement or pumhase of development rights, a monitoring plan, and any
agreement between the Contractor and another to hold or maintain the interest
in real property.
The Contractor shall submit all requests for payment, reports and
supporting documents to the following address: NYS Department of Agriculture
and Markets, Division of Fiscal Management, 1 Winner's Circle, Albany, NY
12235. Invoices, standard vouchers and any reports will not be considered
received by the Department and any interest which may be due the Contractor
will not begin to accrue until they have been received by the Division of Fiscal
Management.
Payment to the Contractor under this Agreement shall not be made
unless the Contractor shall have submitted to the Department a written payment
request together with such information as required by the Agreement. Payment
shall not be due until the 60th calendar day after receipt of the payment request,
where contract funds have been appropriated and made available to the
Department.
Upon examination of the Contractor's payment request and supporting
material, the Department may, in its sole discretion, modify or adjust the amount
requested to reflect contract funds expended as of the date of the request.
Subsequent to its review and approval of the payment request, the Department
will transmit the request to the Comptroller for payment.
The total payment made under this Agreement will not exceed the
Contractor's actual costs and expenses arising from the completion of the work
under this Agreement.
TrrLE
The Contractor shall ensure that the title to the lands or interests therein
shall be unencumbered or, if encumbered by outstanding or reserved interests,
the Contractor shall ensure that such encumbrance shall not interfere with the
agricultural and farmland protection purpose for which the interest therein is
being acquired. The Contractor shall provide a title policy and title insurance,
at a minimum, for the State's share of the interest in real property being
obtained. In the event of a failure of title, the Contractor will use the title
insurance proceeds towards the purchase of an interest in another approved
parcel contained in Appendix C or reimburse the Department for the amount of
State funds paid.
EASEMENT REQUIREMENTS
The Contractor shall require that all easements or other interests in land
acquired under this agreement:
1. run with the land in perpetuity;
2. prevent the land from being converted to non-agricultural uses;
3. require that all amendments to the approved easement be authorized
by the Department.
APPROVED AGREEMENTS AND MONITORING PLANS
The Contractor shall submit the proposed agreements to purchase
development rights or to obtain a conservation easement, the monitoring plan
and any subagreement to hold or maintain the interest in real property at least
sixty (60) days prior to the planned submission of the payment request for that
transaction. The Contractor and the Department shall negotiate the terms and
conditions of such agreements and monitoring plans, when necessary. The
Department shall advise the Contractor in writing when the agreements and
monitoring plans have been approved. No funds available under this Agreement
shall be disbursed until the Contractor's agreements and monitoring plan have
been approved by the Department.
2
COMPLIANCE WITH LOCAL, STATE AND FEDERAL LAWS
The Contractor is responsible for complying with all local, state and
federal laws applicable to the work performed under this Agreement.
PAYMENT CONTINGENCY
Funds for payment under this Agreement are provided to the Department
through appropriations from the New York State Legislature. These
appropriations are made on a fiscal year basis. New York's fiscal year begins
on April 1 of each calendar year and ends on March 31 of the following calendar
year. Funds for payments under this Agreement were or are expected to be
appropriated to the Department during the 1997-98 fiscal year. Payment for
work pursuant to this Agreement which is completed or continued by the
Contractor after the 1997-98 fiscal year is subject to appropriation of funds by
the Legislature in each subsequent fiscal year.
FINANCIAL LIMIT
The financial limit of State appropriated funds under this Agreement is
Three Hundred Thirty Seven Thousand Five Hundred Dollars ($337,500) and
the Department shall not be obligated to make any payment to the Contractor
in excess of that amount.
NON-DUPLICATION OF PAYMENTS
The payments received by the Contractor under this Agreement shall not
duplicate payments received from any other source for the work performed
under this Agreement. In the event of such duplication, the Contractor shall
remit to the Department the amount which duplicated payment received from
other sources.
SUBCONTRACTS
Any subcontracts under this Agreement shall be in writing and shall
clearly describe the goods or services to be provided and the total cost of such
goods or services. Subcontracts for services only shall separately state the rate
of compensation on a per-hour or per-day basis.
3
FINAL REPORT
Not later than thirty (30) days from completion of the work under this
Agreement, the Contractor shall file with the Department a final written report
including: a map depicting the location of properties where interests were
purchased; a copy of the recorded easement or purchase of development rights
and any monitoring plans or agreements for another to hold or maintain the
interest in real property; and a copy of the final budget showing project
expenditures.
RECORDS MAINTENANCE, EXAMINATION AND RETENTION
The Cdntractor shall maintain records and accounts in specific detail to
identify all contract funds received and expended under this Agreement. The
Contractor shall maintain a daily written record which contains the name(s) of
the officer(s) and employee(s) providing services under this Agreement and the
amount of time expended upon such services.
The Contractor shall maintain the records required under this paragraph
as set forth in Appendix A to this Agreement.
INDEMNIFICATION
The Contractor agrees to indemnify and hold harmless the State of New
York and the Department from all liability incurred by the Department for bodily
injury and personal property damages resulting from the negligent acts, errors or
omissions of the Contractor, its officers, agents or employees in the provision of
services under this Agreement, provided that the Departn~ent promptly notifies
the Contractor of any such claim and affords the Contractor an opportunity to
defend such claim and cooperates fully with the Contractor in the defense of
any claims.
NON-SECTARIANPURPOSE
The Contractor shall not expend funds received under thi~ Agreement for
any purposes other than for performance of the work under this Agreement, and
hereby represents that no contract funds shall be expended directly or indirectly
for any private or sectarian purpose.
4
CONTRACTOR NOT DEPARTMENT EMPLOYEE OR AGENT
Neither the Contractor, nor its agents, employees, suppliers or
subcontractors shall be in any way deemed to be employees or agents of the
Department or of the State of New York in performing the work under this
Agreement.
DEVIATION FROM WORK
The Contractor shall perform the work under this Agreement as set forth
in the application attached as Appendix C. Any substantial deviation from the
application shall require the prior written approval of the Department.
MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE
For this Agreement the Department has established the following goals:
Minority business enterprises
1%
Women owned business enterprises 1%
TERMINATION
The Department may terminate this Agreement for convenience upon
giving thirty (30) days written notice to the other party. Upon receipt of such
notice from the Department, the Contractor shall immediately cease work and
prepare a statement of costs, expenses and non-cancelable commitments
incurred as of the date of such termination.
The Department may terminate this Agreement for cause upon giving
one (1) day's written notice.
The Contractor's failure to perform in accordance with the terms of this
Agreement due to circumstances reasonably beyond the Contractor's control
should not constitute cause for termination pursuant to this provision. In the
event of such failure to perform, the Department may, at its option, either grant
the Contractor a specified period in which to correct its performance, or
terminate this Agreement in accordance with this paragraph.
MODIFICATION
This Agreement may not be modified unless such modification is made in
writing, executed by the Department and the Contractor and approved by the
Attorney General and Comptroller of the State of New York.
NECESSARY SIGNATURES
This Agreement shall not be binding and effective upon the Department
unless and until approved by the Attorney General and the Comptroller of the
State of New York.
MACBRIDE FAIR EMPLOYMENT PRINCIPLES
STIPULATION
Chapter 807 of the Laws of 1992 prohibits a State department from
contracting for the supply of goods and services or construction with any
Contractor who does not agree to stipulate that it either has no business
operations in Northern Ireland, or if it does have such business operations, it
shall take lawful steps in good faith to conduct such operations in accordance
with the MacBride Fair Employment Principles.
PLEASE READ AND INITIAL EITHER STATEMENT #1 OR STATEMENT #2.
DO NOT INITIAL BOTH STATEMENTS.
__ 1. The Contractor, and any individual or legal entity in which
the Contractor holds a 10% or greater ownership interest
and any individual or legal entity that holds a 10% or greater
ownership interest in the Contractor has no business
operations in Northern Ireland.
__ 2. The Contractor, and any individual or legal entity in which
the Contractor holds a 10% or greater ownership interest
and any individual or legal entity that holds a 10% or greater
ownership interest in the Contractor shall take lawful steps
in good faith to conduct any business operations they have
in Northern Ireland in accordance with the MacBride Fair
Employment Principles and shall permit the independent
monitoring of their compliance with such principles.
Dated:
7
APPENDIX E
FEDERAL CONDITIONS FOR AGRICULTURE AND FARMLAND
IMPLEMENTATION AGREEMENTS
New York State Department of Agriculture and Markets
These additional conditions apply to the portion of the grant which
was funded pursuant to a cooperative agreement between the United
States of America Commodity Credit Corporation and the NYS Department
of Agriculture and Markets.
FEDERAL FUNDING
Pursuant to Cooperative Agreement 73-2C31-8-440, the Commodity
Credit Corporation (CCC) has provided One Hundred Fifty Five Thousand
Dollars ($ 155,000) of funding for this Agreement. The Contractor agrees to
comply with applicable provisions of that Agreement and to assist the
Department in complying with its obligations.
RESTRICTIONS
The ceO's contribution for the acquisition of each conservation easement
or other interests in land shall not be more than Fifty percent (50%) of the
purchase price of the conservation easement or other interests in land acquired
by a county or local government under Agreement with the Department and
may not be used for closing and related administrative costs incurred for
acquiring the easement or other interests in land.
PAYMENT
CCC funds shall be paid to the Contractor only after receipt and approval
of the final report by the Department and upon receipt of funds from the CCC
pursuant to Cooperative Agreement 73-2C31-8-440. Nothing in this Agreement
shall obligate the Department to make any payment on the One Hundred Fifty
Five Thousand Dollar ($155,000) portion of the Agreement funded through CCC
funds in excess of actual funds received from the CCC. The State is funding
Three Hundred Thirty Seven Thousand Five Hundred Dollars ($337,500) of the
Agreement and the Department shall not be obligated to make any payment of
state funds in excess of that amount. The Department shall reduce the amount
of any payment request from the Contractor if funds received are insufficient to
cover the full payment.
8
EASEMENT REQUIREMENTS
The Contractor shall require that all easements or other interests in land
acquired under this agreement:
1. provide for the management and administration of the easement or
other interests in land by the county or local government and approved co-
holding land trust, if any;
2. require management of the property in accordance with a conservation
plan that is developed utilizing the standards and specifications of the NRCS
field office technical guide and is approved by the Conservation District;
3. include the following provision:
"Contingent Right in the United States of America:
In the event that the county or local government and approved co-holding land
trust, if any, fails to enforce any of the terms of this easement [or other interests
in land], as determined in the sole discretion of the Secretary of the United
States Department of Agriculture, the said Secretary of Agriculture and his or her
successors and assigns shall have the right to enforce the terms of the
easement through any and all authorities available under Federal or State law.
In the event that the county or local government and approved co-holding land
trust, if any, attempts to terminate, transfer, or otherwise divest itself of any
rights, title, or interests of this easement [or other interests in land] without the
prior consent of the Secretary of the United States Department of Agriculture
and payment of consideration to the United States, then, at the option of such
Secretary, all right, title, and interest in this easement [or other interests in land]
shall become vested in the UNITED STATES OF AMERICA."
INDEMNIFICATION
The Contractor shall indemnify, defend, and hold the Department
harmless for any costs, damages, claims, liabilities, and judgments arising from
past, present, and future acts or omissions of the Contractor in connection with
the acquisition and management of the easements [or other interests in land]
acquired pursuant to this Agreement. This indemnification and hold harmless
provision includes but is not limited to acts and omissions of the Contractor's
agents, successors, assigns, employees, contractors, or lessees in connection
with the acquisition and management of the easements acquired pursuant to this
Agreement which result in: (1) violations of any laws and regulations which are
now or which may in the future become applicable, and including but not limited
to the Resource Conservation and Recovery Act, as amended, 42 U.S.C 6901 et
9
seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C 1251 et.
seq., the Comprehensive Environmental Response, Compensation, and Liability
Act, as amended, 42 U.S.C 9601 et seq., the Toxic Substances Control Act, as
amended 15 U.S.C. 2601 et seq., the Federal Insecticide, Fungicide, and
Rodenticide Act, as amended, 7 U.S.C 136 et seq., and the Safe Drinking Water
Act, as amended, 42 U.S.C 300f et seq.; (2) judgments, claims, demands,
penalties, or fees assessed against the United States; (3) costs, expenses, and
damages incurred by the United States; or (4) the release or threatened release
of any solid waste, hazardous waste, hazardous substance, pollutant,
contaminant, oil in any form, or petroleum product into the environment.
TITLE INSURANCE
The Contractor shall provide title policy insuring, in addition to the
State's share of the interest in real property being obtained, the amount of the
CCC funds paid for the United State's interest. In the event of a failure of title,
the Contractor will reimburse the Department for the amount the CCC paid,
less any amount paid to the United States from title insurance.
ASSIGNMENT
No assignment in whole or in part shall be made of any right or obligation
under this Agreement without the joint approval of both the United States and
the Department. Nothing herein shall preclude the United States or the
Department from entering into mutually acceptable arrangements or
agreements. Such documents shall be in writing, reference this Agreement, and
be maintained as part of the official agreement file.
ENFORCEMENT
The Cooperative Agreement shall be enforced and interpreted in
accordance with applicable Federal laws and regulations, directives, circulars, or
other guidance. When the Contractor signs this Agreement, the Contractor
agrees to be bound by the Cooperative Agreement to be administered in
accordance with 7 CFR Part 3015-Uniform Federal Assistance Regulations and
Part 3016-Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments.
NONDISCRIMINATION
The program or activities conducted under this Agreement shall be in
compliance with the nondiscrimination provisions contained in Titles VI and VII
10
of the Civil Rights Act of 1964, and other applicable nondiscrimination statues;
namely, Section 504 of the Rehabilitation Act of 1973. These statutes are
implemented through regulations of the Secretary of Agriculture (7 CFR, Part 15
and 15b), which provide that no person in the United States shall on the grounds
of race, color, national origin, or handicap be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination under any
program receiving Federal financial assistance from the Department of
Agriculture or any agency thereof or in any program activity conducted by the
Department.
DRUG FREE
The activities under this Agreement will be in compliance with Title V of
the Drug-Free Workplace Act of 1988, 41 U.S.C. 702, and 7 CFR, Part 3017,
Subpart F,
FAILURE TO COMPLY
If any recipient of Federal funds under this Agreement materially fails to
comply with the terms of this Agreement, the Department reserves the right to
wholly or partially recapture funds provided in accordance with 7 CFR Parts
1403, 3015, and 3016.
11
~ W. COCHRAN
SUPERVISOR
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1889
OFFICE OF THE SUPERVISOR
TOWN OF SOUTHOLD
August 13, 1999
Marjorie Brague, Director
Division of Fiscal Management
NYS Dept. of Agriculture and Markets
One Winners Circle
Albany, NY 12235
Re: Proposal - FY 99-00
Agricultural and Farmland Protection Implementation Projects
Dear Ms. Brague:
Enclosed please find an original and three(3) copies of the proposal of the Town of
Southold.
I trust you will find the proposal complete and in satisfaction of the requirements of your
Department's Request for Proposals (RFP's).
While the Town of Southold is in receipt of a number of solicitations from farmland
owners interested in preserving agricultural lands, the proposal herein reflects the priority
parcels, as currently recommended by our Land Preservation Committee.
Please feel free to contact my office with any questions you may have.
Very truly yours,
Jean W. Cochran
Supervisor
Enclosure
cc: Town Board
Town Attorney
Chairman, Land Preservation Committee
JEAN W. COCHI~AN
SUPERVISOR
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1889
OFFICE OF THE SUPERVISOR
TOWN OF SOUTHOLD
Proiect Title: Purchase of Development Rights of selected farmlands within the Town of
Southold.
Applicant: Town of Southold, Suffolk County, NY
By: Jean W. Cochran, Supervisor - Town of Southold
Richard C. Ryan, Chairman - Town of Southold Land Preservation Comm.
Address & Tel.#: Town Hall, 53095 Main Road
PO Box 1179, Southold, NY 11971
Tel. (516) 765-1889
Fax (516) 765- 1823
Amount Requested: Maximum available. Town funds presently available (via bonding)
approximate $2 Million.
Duration of Proiect: Commence August 31, 1999
End (approx.) October 1, 2000
JEAN W. COCHRAN
SUPERVISOR
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1889
OFFICE OF THE SUPERVISOR
TOWN OF SOUTHOLD
Proiect Summary
The Town of Southold proposes a cooperative effort under terms of the 1996 Clean
Water/Clean Air Bond Act and the 1993 Environmental Protection Fund for Agricultural and
Farmland Protection Implementation Projects, to acquire the development rights to agricultural
properties. Said properties, which have been submitted by their owners to the Land Preservation
Committee (LPC) of the Town of S outhold for sale of such rights to the Town. The common
characteristics of these properties and the community in which they are situated are described
below. The plan under which the Town proposes to utilize its own, and other public funds, has
been reviewed and approved by the Suffolk County Farmland Protection Board, as required (see
Attachment "C").
Agriculture in the Town of Southold: The Town of Southold has been a farming community
since it's founding over 350 years ago. The ensuing years have seen many changes, most
noticeably population increases and the encroachment of home building, since the early 1950's.
The Town is located about 100 miles from the center of the New York metropolitan area and is
adjacent to the Long Island suburbs of New York City. This suburban population, nearing 3
Million, has been expanding eastward and has developed most of the farmlands of western
Suffolk County and continued expansion into the eastern extremity as well. Agricultural products
are shipped to these populated areas fi-om Southold Town, as well as to other New England
locations. A significant amount of farm produce is retailed fi.om farm stands to local residents
and tourists frequenting the Town. A large and thriving agricultural community exists in the
Town, but its long-term viability remains threatened by pressures of land development.
The Town comprises an area of about 34,000 acres, from Peconic Bay to Long Island
Sound, and contains over 10,200 acres of agricultural land. The Town is part of Suffolk County
Agricultural District No. 1, which encompasses about 5900 acres within town-boundaries. An
infrastructure is in place in eastern Suffolk County, to support agricultural enterprises. Offices of
the Farm Bureau, Cornell Cooperative Extension, farm credit agencies and farm equipment and
supply dealers are in close proximity. Agricultural practices are ever evolving, with wine grapes,
vegetables, nursery and greenhouse stock, and sod becoming production leaders.
Current statistics indicate the following agricultural acreage and respective use, within
the Town of Southold:
1820 acres: vegetables and fruits
1743 acres: vineyards
856 acres: potatoes
1503 acres: fallowlands
763 acres: nursery and trees
665 acres: sod
954 acres: hay, rye and other grains
161 acres: greenhouse uses
156 acres: pasture
7,495 acres - Total
Plan of Work
Planning Document: Recognizing the inexorable encroachment of development on farmland,
and its attendant degradation to a rural character and sense of place, the Town Board has pursued
a vigorous program of Agricultural Lands Preservation. Local Law first established the current
LPC in 1983. The tasks and goals of the Committee are spelled out in Chapter 25 - Agricultural
Lands Preservation, of the Town Code (see Attachment "A"). Selection of candidate farmland
parcels for preservation is performed in accordance with Chapter 25 and a set of criteria
established by the LPC (see Attachment "B"). These factors meet the qualifying thresholds of
Section 325 of the New York State Agriculture and Markets Law. Additionally, the Town Code
details prohibitions and restrictions on use and/or alienation of thereby-preserved agricultural
lands.
Prior Activity: In 1983,1987, 1991 and 1994, the Town of Southold voters approved bond
issues, each for $1.75 Million and again in 1996, 1997 and 1998, each for $2. Million, to acquire
farmland development rights in order to preserve important agricultural lands and the farming
economy, as well as other open spaces within the Town. Thusly represented ($13. Million) is the
serious and dedicated commitment of the community to its quality of life.
Present Proiect: The commitment continues. The remaining available funds of the above-noted
approved bond referendums (approximately $2. Million) will be applied to the costs of
purchasing the project parcels herein listed.
Further, the Town is working closely with third-party land trusts, in certain
instances, where other forms of easement and fee acquisition enhance the development rights
purchase. Additionally, the Town Board is joining in partnership with Suffolk County, to jointly
share acquisition costs for certain projects deemed worthy of preservation. These approaches
effectively "leverage" more agricultural lands into preservation, at less cost to all partners
(basically, the approach represented in this application).
The ongoing program will be conducted much in the same manner as in the
past. As will be shown herein, farmland-owner applications are in hand, which exceed the level
of town funding presently available, if all were purchased. Additional applications are always
forthcoming. It is expected this pattern will continue and may accelerate dependent upon
economic influences, public awareness and funding. The LPC is also commencing out-reach,
initiating a solicitation of owner-applications from selected priority areas of important
agricultural lands in the Town.
Present Status:
A. Outstanding Offer-Applications: Ail project parcels herein listed have
landowner applications for development rights purchase, currently submitted to the LPC. These
applications represent approximately 180 acres of productive farmland; having estimated
development rights purchase-costs in excess of $1.8. Million.
B. Work in Progress: The above-referenced applications are in the process of
review, appraisal and evaluation by the LPC. Purchase offers for the development rights and
further contract negotiations, are forthcoming.
C. Brief description and Status of Project Parcels (in priority order). Individual
maps for each project are attached (Attachment "D"):
1. R. Schreiber. Oregon Road, Cutchogue. SCTM# 095-01-004. 32+ acres of sod.
Estimated cost = $320,000.
2. M. Lieb. Oregon Road, Cutchogue. SCTM# 083-03-002. 12+ acres of fallowland
Estimated cost = $120,000.
3. J. & C. Sidor. Middle Road, Mattituck. SCTM# 107-10-003 & 004. 32+ acres of
potatoes and rye; in Ag. District. Estimated cost = $320,000.
4. G. Conway. Middle Road, Southold. SCTM# 063-01-001.5.8.5 acres of vegetables.
Estimated cost = $100,000.
5. J. & S. Scott. Main Road, Cutchogue. SCTM# 102-02-023.40+ acres of rye and
pasture; in Ag. District. Estimated cost = $450,000.
6. E. Ernst & ors. Main Road, Southold SCTM# 056-01-011 & 056-03-013.3.54 acres
of fallowland. Estimated cost = $550,000.
Other applications before the LPC, are not here-listed for reasons of current priority and funding
considerations.
Easements: the Town of Southold holds the development rights, in a dedicated fashion and in
perpetuity. This fact is reflected in the title retained by the underlying fee owner of the preserved
agricultural lands. Any proposed alteration in the terms of the town-held easement requires a
public hearing, prior to adoption. The management/monitoring of the terms of each easement, is
currently a task of the LPC.
Timetable: Purchase Contract executions are a responsibility of legal counsel to the respective
parties. Evaluations and appraisal reviews are an initial task of the LPC, thereafter approved by
by the Town Board and subject to a public hearing. Based on past experience, the funding
currently available (as supplemented by any grant award resulting from this application) is
expected to be disbursed or contractually obligated by October, 2000.
Deliverables
The Town of Southold is ready to participate in this program with the State of New York
Department of Agriculture and Markets. The Town enjoys a history of successful, committed
protection of its agricultural resources through purchase of development rights. The above-
referenced project parcels attest to the fact there are willing farmland owners ready to sell such
rights to the Town. Some of these project parcel owners may ultimately choose not to sell,
however experience has shown that most purchases are accomplished, when pursued with
concerted effort. Generally, the development rights are now within a cost range of $9,000. to
$11,000. per acre, with the preponderance tilted towards the higher end of the range, reflecting
the now-inflationary influences of the development/agricultural land market in the Town.
Key Personnel
The process of review, recommendation, negotiation and contract/dosing, involves the Town
Board, the Town Attorney, and the members of the LPC, specifically:
Chairman: Richard C. Ryan, P.L.S.; Licensed real estate broker; Real Estate Officer
(NYSDOT/DEC), retired.
Members: James Pim, P.E.; Suffolk County Department of Health Services (water quality)
Noreen McKenna, Coop. Ed. Coord. - Southampton College; farmer.
Ray Huntington, business administrator, retired.
Fred Lee, member - Cornell Coop. Extension Agricultural Program Advisory
Committee; farmer.
Reed Jarvis, vineyard manager.
Joseph Krukoski, member - Suffolk County Farm Select Committee; farmer.
Budget
Approximately $2. Million remains available in Town bond funds, for application to the
acquisition costs associated with the above-referenced project parcels. Normal overhead
expenses and ordinary soft costs, are anticipated as additions to the actual costs of development
rights purchase.
DIVISION OF FISCAL MANAGEMENT
(518) 457-2080
STATE OF NEW YORK
DEPARTMENT OF AGRICULTURE AND MARKETS
1 WINNERS CIRCLE
ALBANY, NEWYORK 12235
March 9, 2000
Jean W. Cochran
Supervisor
Town of Southold
Town Hall
PO Box 1179
Southold, NY 11971
Dear Ms. Cochran:
Enclosed is a fully-executed copy of your Agricultural and Farmland
Implementation Grant with this Department.
Sincerely,
Gail Fuller
Associate Budget Analyst
cc: M. Davis
PRINTED ON RECYCLED PAPER
New York State
Department of Agriculture and Markets
I Winners Circle
Albany, NY 12235-0001
Agency Code 06000
AGREEMENT
Contract Number:. C800504
Amount of Agreement: $492,500
AGRICULTURAL AND FARMLAND PROTECTION
IMPLEMENTATION GRANT
STATUTORY AUTHORITY: Agriculture and Markets Law Axticle
2SAAA
Contract Period:
Renewal Date:
Municipal Code:
4/6/98 to 3/31/01
47-03-7900-0000
Contractor Name/Project Sponsor:. Town of Southold
Street: PO BOX 1179 City: Southold
State: NY ;Dp: 11971
Billing Address (if different from above):
Street:
City: State: Zip:
Title/Description of Project: Town of Southold Agricultural & Farmland Implementation Grant
THIS AGREEMENT INCLUDES THE FOLLOWING:
[] This Coversheet
[] Appendix A (Standard Clauses tor ail New York State Contracts)
[] Appendix B (Project Budget)
[] Appendix C (Agricultural & Farmland Protection Board
Application)
[] Appendix D (The Department's General Conditions)
[] Appendix E (Federal Conditions)
[] Appendix F -Cooperative Agreement 73-2C31-8-440
FOR AMENDMENTSCHECKTHOSETHATAPPLY:
[] Add~ Work
[] Extension of 'l'~me
Fmm to
[] Increase Amount
[] Decrease Amount
[] Renewat: __Remaining
[] Revised Budget
[] Revised Scope of Work
[] Other
Previous Amount: $
Increase/dacrease
New Total: $
The Contractor and the Department agree to be bound by the
terms and conditions cc ntained in this Agreement
,--. CON'rt:IACTOR
~ (~.~.o ~ Supv.
Signature of Conf~ctor's Authorized Representative:
Date: 6/11 / 99
Typed or Printed Name of Above Representative:
Jean W. Cochran. Supervisor
'l"~e of Authorized Representative:
Notary Public: On this day before me personally appeared
, to me known, and
known to me to be the same pery~g-~/¢~t,~/,[i~ ~4u~
instrument and duly acknowl~d~,~cle~r~fJ~
, NYSAI IORNEY GE;~izi,~,L
Attorney General:
FEB ~ ? 2000
NYS DEPARTMENT OF AGRICULTURE &
MARKETS
Signature of Authorized Official:
Typed or Printed Name of Above Officiai:
Title of Authodzed Official
o~ ~ ~m~, I ~ ~ ~t o~i~ ~ o~ ~
~gmtum pa~ ~ll ~ aEac~ to ~1 o~r em~ ~p~
of t~s co~m~.
Office o~tlpe~tate Comptroller:
APPENDIX A
STANDARD CLAUSES FOR ALL NEW YORK STATE CONTRACTS
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 clausas which are hereby made a part of the contract (the word "Contractor' herein
refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party):
1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under
this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract.
2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be
assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without
the previous consent, in writing, of the State and any attempts to assign the contract are null and void. The Contractor may,
however, assign its right to receive payment without the State's prior written consent unless this contract concerns Certificates of
Participation pursuant to Article 5-A of the State Finance Law.
3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law (or, it this contract is with the
State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $10,000
(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, it
shall not be valid, effective or binding upon the State until if has been approved by the State Comptroller and flied in his office.
4. WORKERS' COMPENSATION BENEFITS. In accordance With Section 142 of the State Finance Law, this contract shall
be void and of no force and effect unless the Contractor shall provide and maintain coverage during the ~ife of this contract for the
benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law.
5. NON-DISCRIMINATION REQUIREMENTS. 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) discriminate 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 subcontractors shall, by reason of race, creed, color, nationsf 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 any violation of Section 220-e or Section 239 as well as possible termination of this contract and
forfeiture of all moneys due hereunder for a second or subsequent violation.
6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building
service contract covered by Article 9 thereof, neither Contractor's employees nor the employeas 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 REQUIREMENT. In accordance with Section 139-d of the State Finance Law, 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 time Contractor
submitted its bid, an authorized and responsible person executed and delivered to the State a non-collusive bidding certification on
Contractor's behalf.
8. INTERNATIONAL BOYCO'IT PROHIBmON. 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, the Contractor agrees, as a material condition of the contract, that neither the
Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall
participate in an international boycott in violation of the federal Export Administration Act of 197~ (50 USC App. Sections 2401 et
seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found
to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other
appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto
shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such
conviction, determination or disposition of appeal (2 NYCRR 105.4).
9. SET-OFF RIGHTS. The State shall have ali of its common law, equitable and statutop/rights of sat-off. These rights
shall include, but not be limited to, the State's option to withhold for the purposes of sat-off any moneys due to the Contractor under
this contract up to any amounts 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 exemise its set-off rights in accordance 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 theraaffer. The State
Comptroller, the Attomey General and any other person or entity authorized to conduct an examination, as well as the agency or
agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor
within the State of New York or, 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 which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute")
provided that: (il 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 right to discovery in any pending or future
litigation.
11. IDENTIFYING INFORMATION AND PRIVACY NOTIRCATION;
(al FEDERAL EMPLOYER IDENTIFICATION NUMBER AND/OR FEDERAL SOCIAL SECURITY NUME~ER
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 payee 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 his invoice or New York State standard voucher, must give the
reason or reasons why the payee does not have such number or numbers.
(b) PRIVACY NOTIFICATI(~N,
(1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal
property, and the authorityto 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 the State to
identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities
and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information
will be used for tax administration purposes and for any other purpose authorized by law.
(2) The personal information is requested by the pumhasing unit of the agency contracting to purchase the goods or
services or lease the real or personal property covered by this contract or lease. The 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 EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN;
In accordance with Section 312 of the Executive Law, if this contract is: (il a written agreement or purchase order instrument,
providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or 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 of $100,000.00 whereby a contracting agency is committed
to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property
and improvements thereon, or (iii) a written agreement in excess of $100,000.00 wheraby the owner of a State assisted housing
project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or
renovation of real property and improvements thereon for such project, then:
2
(al 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, upgradings, demotion, transfer, layoff, or termination and rates of pay or other
forms of compensation;
(b) at the request of the contracting agency, the Contractor shall request each employment agency, labor
union, or authorized representative of workers with which it has a collective bargaining or other agreement
or under-standing, to furnish a written statement that such employment agency, labor union or
representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or
marital status and that such union or representative will affirmatively cooperate in the implementation of
the contractor's obligations herein; and
(c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance
of the State contract, ali qualified applicants will be afforded equal employment opportunities 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 of 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: (il work, goods or services unrelated to this contract;
or (ii) employment outside New York State; or (iii) banking services, insurance policies or the sale of securities. The State shall
consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment
opportunity which effectuates the purpose of his section. The contracting agency shall determine whether the imposition of the
requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the
contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply
with all duly promulgated and lawful rules and regulations of the Governor's Office of Minority and Women's Business Development
pertaining hereto.
13. CONR.ICTING 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 LAW. This contract shall be governed by the laws of the State of New York except where the Federal
supremacy clause requires otherwise.
15. LATE PAYMENT. 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.
17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules
("CPLR"), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service
hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United
States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of
address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will
have thirty (30) calendar days after service hereunder is complete in which to respond.
18. PROHIBBON ON PURCHASE OF TROPICAL HARDWOODS. The 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 the
State Finance Law Article 165. (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless
specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation. Qualifications
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 prima 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 Article 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 exer'nption will be the responsibility of the Contractor to meet with the approval of the State.
3
19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In accordance with the MacBride Fair Employment Principles
(Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (al has no business operations in
Northern'lraland, 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 PROCURMENT 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 in the availability of New York State subcontractors and suppliers is available from
NYS Empire State Development
Minority & Women Owned Business Development
One Commeme Plaza
Albany, NewYork 12245
The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify that
whenever the total bid amount is greater then $1 million:
(a) The Contractor has made reasonable efforts to encourage the participation of New York Stats
Business Enterprises as suppliers and subcontractor, 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 Opportunity Act of 1972 _P.L. 92-261 ), as
amended;
(c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents
of employment opportunities on this project through listing any such positions with the Job Service Division
of the New York State Department of Labor, or providing such notification in such manner as is consistent
with existing collective bargaining contracts or agreements. 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 that 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. NOTE: South Carolina, Alaska, West Virginia, Montana, Wyoming,
Louisiana and Hawaii were the states subject to this provision as of October, 1998. Contact NYS Empire State Development for a
current list of states subject to this provision.
October, 1998
4
997-1998 BUDGET (Round II)
Town of Southold, Suffolk County
W. Ruland Property
Main Road
Mattituck, NY
SCTM# 115-02-002.1 & 003 and 107-1t-010
Approximately 70 acres
Development Rights Purchased in January, 1999
Purchase Price of Development Value $ 449,450
Appraisal $ 2,500
Title Insurance $ 1,000
Town Attorney Fees $ 1,000
Total Costs $ 453,950
Payment for Development Rights
State of New York
Town of Southold
$ 337,500 (74%)
$ 1t6,450 (26%)
George E. Pataki
STATE OF NEW YORK
DEPARTMENT OF AGRICULTURE AND MARKETS
Donald R. Davidsen, D.V.M.
April 6, 1998
Ms. Jean W. Cochran, Supervisor
Town of Southold
Town Hall, 53095 Main Road
PO Box 1179
Southold, NY 11971
Dear Supervisor Cochran:
I am very pleased to inform you that the Department of Agriculture and Markets
has awarded the Town of Southold the sum of $337,500 to assist the Town in its
farmland preservation efforts. These funds may be used to purchase development
rights or conservation easements on any of the following properties you submitted for
consideration under your Agdculfural and Farmland Protection Implementation Grants
application:
C. & M. Young
L. Woodhull Est.
J. Eickhoff (Pugliese Vineyards)
ACTM Equities
Fiore (Peconic land Trust)
W. Ruland
W. Ackermann
R. Van Nostrand
R. Blum
Raphael Vineyards
L. Lappe
L. Edson
Before the state funds can be provided for the purchase of easements or
development rights on any of the approved properties, it will first be necessary to
develop a contract between the Department and the Town. This contract must contain,
at least, an agreed upon plan of work and budget. Project expenditures which occur
prior to the approval of the contract by the State Comptroller might not be reimbursed.
Therefore, we strongly advise that you not incur any expenditures for which state
reimbursement will be sought until the contract is approved.
1 Winners Circle 4, Albany, New York 12235 · Phone: (518)457-4188 ·Fax: (518) 457-3087
Ms. Jean W. Cochran
Page 2
Apd16,1998
In order to facilitate the timely development of a contract, I am requesting that
you identify the principal contact person with whom'you would like us to work. -Please
provide this information to Robert Somers who heads our Agdculturel Protection Unit.
He may be reached by phone at 518-457-2713, by fax at 518-457-2716, or by mail in
care of the Department's main offices located at I Winners Cimle, Albany, New York
12235-0001.
The Department looks forward to working with you in preserving your valuable
farmland resources for agricultural production purposes now and in the future.
Sincerely,
Donald R. Davidsen
Commissioner
DRD/bas
Mr. Richard C. Ryan, Chairman, Land Preservation Committee
Chair, County Agdculturel and Farmland Protection Board
518 457-7076
Fu: 518 457-27~$
Ms. Jean W. Cochran, Supervisor
Town of Southold
Town Hail, 53095 Main Road
PO Box 1179
Southold, NY '11971
STATE OF NEW YoRK
DEPARTMENT OF AGRICULTURE AND MARKETS
1 WINNERS CIRCLE
ALBANY. NEW YORK 12235
December10,1998
Dear Supervisor Cochran:
I am very pleased to inform you that the Department' of Agriculture and Markets is awarding the
Town of Southold the sum of $155,000 fi.om federal funds we received to assist with farmland protection
efforts.
On July 17, 1998, the Department submitted a request for federal funding under Section 388 of
the Federal Agriculture Improvement and Reform Act of 1996 which established the Farmland Protection
Program. The Department was notified that the United States of Amedca, Commodity Credit Corporation
(CCC) and the Natural Resources Conservation Service (NRCS), awarded the State $1.4 million to
purchase conservation easements or devplopment rights on viable farmland which is under development
pressure.
The State's request for funding was a coordinated response and one that was cooperatively
prepared with assistance from Department and municipal staff, county Coroell Cooperative Extension
offices, and the USDA Natural Resources Conservation Service. Federal funds are to be used in
conjunction wi~ farmland protection funding provided to you by the State in 1998. These funds must be
used to purchase the development rights/conservation easements on the farms listed in the attached
document. I have also enclosed a copy of my award letter designating the amount of State funding
allocated to you in 1998.
We are in the process of developing a contract which will authorize the transmittal of both the
federal funds, authorized herein and the state funds as awarded in the attached letter. In the meantime, if
you have any questions concerning the federal award or the contract process, please contact Kim Blot or
Bob Somers at (518) 457-7076.
Sincerely,
Donald R. Davidsen, D.V.M
Commissioner
DRD/rcs
Enclosures
cc: Madlyn Stephenson, Area Conservationist, USDA NRCS
Ken Schmitt, Chair, Suffolk County AFPB
Town of Southold
C. & M. Young
Main Road
Laurel, New York 11948
Tax Map Number: 125-01-006.1
Estate of L. Woodhull
Elijah Lane
Mattituck, New York 11952
Tax Map Number: 108-03-006.1
· J. Eickhoff
Pugliese Vineyards
Bridge Lane
Cutchogue, New York 11935
Tax Map Number: 97-01-016.1
^CTM Equities
Oregon Road
Cutchogue, New York 11935
Tax Map Number. 95-01-003
G. Young
Main Road
Orient, New York 11957
Tax Map Number: 19-01-001.2
R. Blum
Main Road
Cutchogue, New York 11935
Tax Map Number: 75-01-015.1
L. Edson
Main Road
Cutchogue, New York 11935
Tax Map Number: 102-02-016
Town Hall, 5309~ Mare Road
P.O. Box ll79
Southold. New York { {971
F~x {$16) 765-; S23
Tclep~or',e (516) 765-1801
LAND PRESERVATION COMMITTEE ·
TOWN OF SOUTHOLD
Pro_leer Title: Purchase of Development Rights of selected farmlands w~tl~n the Town of
Southold.
AttoRcantLTown of Southold, Suffolk Couat~, NY
by: Je~.n W. Cochran, Supervisor, Town of Southold
K~c~hard C. Ryan, Chairman, Town o£Sou~hold Land Preserva~on Coman.
Town I-LqJI, 53095 Ma~n Road,
PO Box 1179, Southold, ..',P/11971
Tel. (516) 765-1801
Fax (516) 765-1823
Maximum available as a match to expenditure of appmximate!y
52.275 Nf_fllion in estimated costs. Town of Southold share to be:
about $1 =x,~ilion remai~g ~om bond i~sue approved 11105196 and;
necessary funds l~om a ~ Million development rights and open
space bond referendum, anticipated to receive voter-approval on
11/04/97.
Commence January 1, 1997
End (approx.) October, 1998
LAND pRESER',/ATION C~tT'i'EE
TOWN OF' SOU'i'MOI-D
'rue Towa of Sot~old ~opose~ a cooper'at~ *..~rt to ~e d~opmem
Pr~m~on C~m;a~ of~e To~ of So.old for ~e of tach fi~iw~ tO ~e To~
A~m'ica/mre in the Tow~ of Southold
Uae Towa of Sou~oid ~ b~.n a ,"-, ~g co,.'.~-.mity ~cs ~ fo~ai.g
~ md ~e ~~ of~me ~a~g ~ ~ ~ 1950% Tae
!c~ ~ l~ ~m iota ~e ~ ~e N~ Yom M~po~ ~ md
~ m m Lo~ r,~d ~s ofN~ Yo~ C~ ~ ~ve a ~ po?~on
~ ~ of ~e ~ Some ~ ~ ~ ~m S~otd m ~ ~s. ~me
g~,~ ~= =~'~ ov~ 5869 ~ ~ ~i~ ~ ~ ~ ~e mo~
~e =~g :f~me ~ve 5~=me m m~ ~o~ p~ of-me ~=~
ion of the arem Further, the growing of nursery stock and turf(sod), has become a portion
of the industry which has contributed si~mfificantly to the health of the farm community in
the Town.
'?~]llllllilg~l~ Recog~i?ing the inexorable' encroachment of development on
farmland, the Town has pursued a vigorous program of Farmland Preservation. The
current Land Preservation Committee was first-established by Local Law in 1983. The
goals and tasks of the Committee are. spelled out in Chapter 25 - Agricultural Lands
Preservation, of the Town Code(see Attachment ~A'). Selection of farmland parcels for
preservation, is performed in accordance with a set of factors established by the
Committee (see Attachment "B~). These factors meet the priority, criteria of Section 325
of the New York State Agriculture and ,Markets Law. Additionally, the Code dera,'ln
prohibitions and restrictions on use and/or alienation of farmlands preserved thereby.
Prior Activity: In 1983, 1987 and 1994, the community_approved bond issues, each for
51.75 2k{'tllion, to acquire the development rights to farmland. In 1996, the voters ~
approved a $2. iVffllion bond issue, for the continuation of development rights pm.
A serious and dedicated commitment to farmland preservation, thus far to the rune of
57.25 lk~llion, has been demonstrated by the voters and taxpayers of the Town of
Southold.
Present Project: The commitment continues. The remaining ~nds of the 1996 bond
issue (approx. $1. ~X~llion), as well as an addkional 62. Million anticipated via a bond
referendum for more purchases of development rights and open spaces, subject to voter-
approval on 11/04/97, are ear-marked to proje~ submitted to the Land Preservation
Committee.
Further, the Town has worked closely with third parties (i.e. Pecenic
Land Trust and The Nature Conservancy) in certain sim*~ons where the purchase of
development rights has been further enhanced by conservation easements secured on
adjacent lands. This approach has effectively 'leveraged" more land into preservation, at
less cost to the Town.
The ongoing pro_m-am will be conducted much in the same manner as
in the past. As will be shown herein, farmland owner-applications are in hand which would
commit the funds available, if all are successfully concluded. Additional applications are
alwa.vs forthcoming. It is expected that this pattern will continue and may accelerare,
dependent upon fund-availability, economic influenc~ and public awareness. These viable
and productive farmland applications, o~en represent an opportunity to ~
~ an expanse of preserved _agricultural land, coupling together ~x/sting and aewb.'-
acquired areas of deveinpment rights held by the Town of Southold and the County. of
Suffolk.
1. Outstanding Offers:
- One I l-acre farm parcel is in contract, ax a cost of $88,960.
- Offers are outstanding on 8 farmland ownerships, comprising about 275 acres,
having an estimated cost of' 81.5 Million.
:2. Work in progress:
- There are at present, applications in front of the Committee from 7 farmland owners
offering development fights to appro '.xi.gmety 330 a~res of prime farmland, with an
estimated cost of $2.275 ~W, tllion. These applications are being reviewed by the
Committee. Appraisals have been commissioned for some parcels. The applic~ons are
assigned a priority order, using established criteria, that is flexible to accommodate other
worthy farmlands brought to the attention of the Committee. ~en~e indicates that the
amount of'acreage protected will only be limited by available fimding - not the level of'
farmland-owner interest. There£ore, it is critically-importam to access all sources of
funding, in striving to preserve the greatest amount of farmland available.
3. Descriptioa and Status of Project Parcels above-noted (in priority order- see map
axtaci'anents):
1. C. & M. Young, Main Road, Laurel; SC'Ilv~ 125-01-006.1
1 ! acres of farmland. In contras. Cost = $$8,960.
2. L Woodhull Est., Elijah Lane, Martituclc SCTM# 108-03-006.1
i7 acres of farmland. Contract to be executed. Estimated cost.= $71,500.
3. J. Eiddmff (Pugliese Vineyards), Bridge Lane, Cutchogne; SCTM~ 9%01-016.1
13..i acres of farmland. Contract to be executed. Estimated cost = S119, 700.
4. AC'TM Equities, Oregon Road, Cutchogne; SCI'M~ 95-01-003
31 acres o£farmland. Contract tO be executed. F.~imated cost = $185,000.
Fior~ {'Peconic Land Trust), Ma/n Road, P~:onic; SCI'M.# 86-01-009
36.5 acres of farmland. Contract to be executed. Est'finated cost = 5255,000.
6. W. Rutandk .Main Road. 3~sn~mclc SCTM~ 115--02-002.1 & 003 and 107-0 ! 1-10
6,1..2 acres of farntland. Offer outstanding. Estimated cost = .r~450,000.
7. G. Young, Main Road. Orient: SCTM# 19-014101.2
34.5 a~,es of farmland. Offer outstanding Estimated cost = 5151.000.
8. W. Ackermann, ?vfiddle Road. C,',tchogne; SCTM.~ 101-02-004 and 108-03-007
58_7 acres of ~'mland. Offer outstanding. Estimated cos~ = $335,600.
9. R. Van Nostrand..King Str~ Orient: SCTM# 25-1 l-:.':0a
17.6 acres o£ farmland. Offer outstanding. Estimated cost = $149,600.
Total estimated cost of DR's in affer~/contract~ extended: ~;I.717.400.
10. lt. Blum, Main Road, Cutchogue; SCTM~ 75.01-015.1
24.9 acres of'farmland. Appraisal commissioned. Estimated cost = $200,000.
11. Raphael Vineynrd, Main Road, Peeonic; SC";rlV~ 85.03-011.1
50 acres of farmland. Appraisal commissioned. Estimated east = $350,000.
12. F. Lappe, Main Road, Southo[d; SCTM~ 75-06-011 a~d 75-07-003.
54.3 acres of farmland. Estimated cost -- $350,1300.
13. L & R V'meyards, Middle Road, Mattituck; SC-WM~ I01-01-004.1, 04.3 & 005.2
117.5 acres of farmland. Estimated cost -- $700,000.
14. C. Baiz, Main Rd. & Ackerty Pond Rd., Southold, SCTM# 69-05-004.1 and
69-03-009.3 and 56415-001.3.48 acres of farmland. Estimated cost = $385,000.
15. ff. Watts, Middle Road, Cutchogue; SC'I'M~ 101-01-014.4-014.6.
12.6 acres of farraland. Estimated cost = $I00,000.
16, L. Edson, Main Road, Cutchogue; SCTM~ 102-02-016.
24 acres of farmland. Estimated cost = $190,000.
Total estimated cost of owner-application~ (331.3 acres~ = $2.275 Million.
~F. al,W. lll.¢llI~ The development rights are held by the Town of Southold, in a dedicated
fashion and in perpetuity. This fact is reflexed in the rifle retained by underlying fee owner
of the preserved farmland. Any proposed alteration in the terms of town-held easement,
reqores a public hearing, prior to adoption. The managemem/monitoring of the terms of
each easement, is a task of the Land Presetwation Committee.
~ Reviews and ~ppraisals are on-going before the Committee. Offers and
contractffclosing of projects have commenced with available funds. Based on past
experience, bond funds currently available, a.s well as those anti~pated via 11/4/97 voter-
approval, are expected to be disbumed or fully committed by October, 1998.
.The Town of Southold Land Preservation Committee stands ready :o parfidpaze in this
program with the State of New York. The Town has a history of succ-*_ss~ protection of
it's farmland resource, through purchase of development fights..The above-noted projects
arrest to facts there are farmland owners willing to sell development r/_~r,.s to parties
willing to pay the price to preserve them.
Some owners will ultimately choose not to sell, however history, indicates that those
instances are quicldy substituted by others who do. It is anticipated that this program will
proceed at a healthy pace, given the invento~ of parcels that qualify with the selection
criteria adopted.
Generally, the development rights are ~ a cost-range of $~000. to $8,500. per acre,
with the preponderance of the purchases ne~er the ~:~300. figure.
Kev Personnel
The process of review, recommendation, nego~ation and conwact/closing,/nvolves the
Town Board, generally, the Town Attorney, specifically, and the members of the Land
Preservation Committee, specifically.
Chairman: Richard C. Ryan, P.L.S.; Real .Estate O~cer ('NYsDoT/DEC), retired;
licensed real esr. ate broker.
Members: James Rich, Businessman, retired; farmland owner.
James Pim, P.E.; Suffolk County Health Dept. (water quality.).
Noreen Mc. Ke.nna, Coop. Ed. Coord.-Southampton Co[leg_e; farmer.
Thomas Madi_~_n. Advertising/Media Executive. retired.
Fred Lee, limner.
Michael Croteau, Graphic Designer, farmer.
Approximately SI...W. dlion remains available fi'om the Town bond. approved by
referendum in 1996. An additional S2..Wll]ion in bonds for development d_v_hts and open
space purchases, is anticipated ~bsequent to voter approval on 11/04/97.
Normal overhead ex-penses, in the form of bond issuance-e~, ense, secretarial
support/office expense, as weft as the regular land acquisition e.~permes (title absua~ning
and insurmce, recording fee~ etc.), are anticipated.
TOWN OF SOUTHOLD
LAND PRESERVATION COMMITTEE
Factors to be Considered in Land-Parcel Selection
The Town Code, in defining the purposes for the Open Space and Agriculttual Lrmds
Preservation Chapten, states that the acquisition of open space or ol~m area in lands
located within the Town, is in the public interest and a proper purpose of the Town. In
defining the Agricultural Lands Preservation program, the Code atates that the acquisition
of development rights in lands used in bona fide agricuitural production, w~l conserve,
protect and encourage the improvement of prirne agricultural lands, both for the
production of food and the preservation of open space. These two programs have similar,
but not identical goals.
The Land Preservation Committee is given the respons~ility of recommending to the
Town Board, the purchase of fee or easement title to particular land parcels which
the goals of these two land preservation pr%re'ams.
In order for the Committee to fulfill it's duty to the Tox~m Board and to the citizens of
the Town. to recommend such land parceh for acquisition, the following Actors. aswell
as others applicable to specifac circumstances, are considered in reviewing the re!etive
benefits to the Town, for any candidate-parcel.
Farmland Selection Factors:
1. Currently involved in a bona fide _agricultural production practice.
Soils quality, for agricultural productio
3. Current/anticipated future practices, land-intensive or structure-intensive.
4. Size - I0 acres or greater.
5. Land desi_mmted within an established. _-kgricuiturat District, pursuant to ~ law.
Open Space Selection Factors:
1. Relatively natural and undisturbed conm'tion.
2. Special topographic or historic features.
3. Sigmficant wildlk~e habitat - e.'dstin~potential.
4~ SpecAal v/ews - to and/or fi'om parcel
I./.!., . l,;l.z..v'
Suffolk county Agricultural and Farmland Protection Board
c/o Comell Cooperative Extension - Suffolk County
246 Griffing Avenue. RJverhead, NY 11901-3086
October 8, 1997
Marjorie Brague, Director
Division of Fiscal M~ement
NYS Dept Of Agriculture and Markets
1 Winners Circle
Albany, New York 17?35
Dear Ms. Brague:
The Suffolk County. Agricultural and Farmland Protection Board met on October 8, 1997 to
review pmposuls for matching State fi.rods for the Suffolk County A_~'iculture and Farmland
Program :md to rede ~v proposals from locul mumcapalmes for State funds for their programs.
The Town of Southold ~piicafion was reviewe~. Southold h~ a proven record of farmland
development rights acquisition going back 14 years. New matching funds and development
pressure has mused the Town to become more active in the last four years. Southold ~as passed
commullity ap.moved bond issues in 1994, 1996 and is proposing one in 1997.
The Suffolk County A~m-icultm'al and Farmland Protection Board endorsed the Town's grant
application at its October g, 1997 meeting and 1oo1~ forward to working with them in a
cooperative way as it has in the
Two parcels on the Town's li~ are also on the Count's lis~ They are ~ R_ Van Nostrand and
#14 C. BiaT_ Whoever has enou~rt funding firxt will go after acquiring these parcels.
Sincerely,
i. AND
Robert C. Somet~, Ph.D.
Chief- Agricu.ltur-d Protection Unit
Divi~on .ofAg~culmrel Protection a~l Devdoimmm Serviee~
NYS Department ofA~icuitute ~nd Matke~
FA.Y1ED: (S18) 45%2716
Dear Bob:
Per our telephone conversation this date, please Find ~ below, the enumerated project
parcels found/n the October 15, 1997 proposal, tog~her with my indi,~on ofthe/r
eurr~t rezpecdve agricultural uso.
1. C. & M. Young: vegetable crops (this projea haz been completed).
2. L. Woodhull EsL: atm,,si and peremgig plants.
3. I. Eickhoff (l~,..oliese V'meyar~): vegetable crops.
4. AC'TM Equ/t/ea; project tcnni~ed.
5. Fiore (Pecon/c Land Trust): potatoes.
6. W. Rulaud; pot~to~s and vegetable crops.
7. G. Young: vegetable crops.
8. W. Ackermann: grspes.
9. lC Van lqostrand: vegetable crops.
10. K. Blmn: grapes.
12. F Lappe: potatoes.
13. L. &P,. V'meyards: grapes.
14. C. Balz. g~-ap~ & vegetable crops.
15. H. Watts: curremly ~llow- slated for grippes.
16. L. Ed.son: potaV, oes.
Please call me if you need more information regarding th~ project
licalion.
Richard C. Ryan
Chairman
APPENDIX D
GENERAL CONDITIONS FOR
AGRICULTURAL AND FARMLAND PROTECTION IMPLEMENTATION
AGREEMENTS
New York State Department of Agriculture and Markets
These general conditions apply to the administrative aspects of the
Grant Agreement and reflect New York State's contract recordkeeping and
payment procedures. These general conditions cannot be changed.
PAYMENT
Payment of state funds shall be made to the Contractor after approval of
this Agreement by the State Comptroller, upon the submission of a payment
request .(Standard Voucher), an executed purchase agreement with the
landowner, a budget report detailing the Contractor's match, two copies of an
appraisal by a New York State Certified General Real Estate Appraiser, the
required title policy, a copy of all subordination agreements, an approved
easement or purchase of development rights, a monitoring plan, and any
agreement between the Contractor and another to hold or maintain the interest
in real property.
The Contractor shall submit all requests for payment, reports and
supporting documents to the following address: NYS Department of Agriculture
and Markets, Division of Fiscal Management, 1 Winner's Circle, Albany, NY
12235. Invoices, standard vouchers and any reports will not be considered
received by the Department and any interest which may be due the Contractor
will not begin to accrue until they have been received by the Division of Fiscal
Management.
Payment to the Contractor under this Agreement shall not be made
unless the Contractor shall have submitted to the Department a written payment
request together with such information as required by the Agreement. Payment
shall not be due until the 60th calendar day after receipt of the payment request,
where contract funds have been appropriated and made available to the
Department.
Upon examination of the Contractor's payment request and supporting
material, the Department may, in its sole discretion, modify or adjust the amount
requested to reflect contract funds expended as of the date of the request.
Subsequent to its review and approval of the payment request, the Department
will transmit the request to the Comptroller for payment.
The total payment made under this Agreement will not exceed the
Contractor's actual costs and expenses arising from the completion of the work
under this Agreement.
TITLE
The Contractor shall ensure that the title to the lands or interests therein
shall be unencumbered or, if encumbered by outstanding or reserved interests,
the Contractor shall ensure that such encumbrance shall not interfere with the
agricultural and farmland protection purpose for which the interest therein is
being acquired. The Contractor shall provide a title policy and title insurance,
at a minimum, for the State's share of the interest in real property being
obtained. In the event of a failure of title, the Contractor will use the title
insurance proceeds towards the purchase of an interest in another approved
parcel contained in Appendix C or reimburse the Department for the amount of
State funds paid.
EASEMENT REQUIREMENTS
The Contractor shall require that all easements or other interests in land
acquired under this agreement:
1. run with the land in perpetuity;
2. prevent the land from being converted to non-agricultural uses;
3. require that all amendments to the approved easement be authorized
by the Department.
APPROVED AGREEMENTS AND MONITORING PLANS
The Contractor shall submit the proposed agreements to purchase
development rights or to obtain a conservation easement, the monitoring plan
and any subagreement to hold or maintain the interest in real property at least
sixty (60) days prior to the planned submission of the payment request for that
transaction. The Contractor and the Department shall negotiate the terms and
conditions of such agreements and monitoring plans, when necessary. The
Department shall advise the Contractor in writing when the agreements and
monitoring plans have been approved. No funds available under this Agreement
shall be disbursed until the Contractor's agreements and monitoring plan have
been approved by the Department.
2
COMPLIANCE WFFH LOCAL, STATE AND FEDERAL LAWS
The Contractor is responsible for complying with all local, state and
federal laws applicable to the work performed under this Agreement.
PAYMENT CONTINGENCY
Funds for payment under this Agreement are provided to the Department
through appropriations from the. New York State Legislature. These
appropriations are made on a fiscal year basis. New York's fiscal year begins
on April 1 of each calendar year and ends on March 31 of the following calendar
year. Funds for payments under this Agreement were or are expected to be
appropriated to the Department during the 1997-98 fiscal year. Payment for
work pursuant to this Agreement which is completed or continued by the
Contractor after the 1997-98 fiscal year is subject to appropriation of funds by
the Legislature in each subsequent fiscal year.
FINANCIAL LIMIT
The financial limit of State appropriated funds under this Agreement is
Three Hundred Thirty Seven Thousand Five Hundred Dollars ($337,500) and
the Department shall not be obligated to make any payment to the Contractor
in excess of that amount.
NON-DUPLICATION OF PAYMENTS
The payments received by the Contractor under this Agreement shall not
duplicate payments received from any other source for the work performed
under this Agreement. In the event of such duplication, the Contractor shall
remit to the Department the amount which duplicated payment received from
other sources.
SUBCONTRACTS
Any subcontracts under this Agreement shall be in writing and shall
clearly describe the goods or services to be provided and the total cost of such
goods or services. Subcontracts for services only shall separately state the rate
of compensation on a per-hour or per-day basis.
3
FINAL REPORT
Not later than thirty (30) days from completion of the work under this
Agreement, the Contractor shall file with the Department a final written report
including: a map depicting the location of properties where interests were
purchased; a copy of the recorded easement or purchase of development rights
and any monitoring plans or agreements for another to hold or maintain the
interest in real property; and a copy of the final budget showing project
expenditures.
RECORDS MAINTENANCE, EXAMINATION AND RETENTION
The Cdntractor shall maintain records and accounts in specific detail to
identify ail contract funds received and expended under this Agreement. The
Contractor shall maintain a daily written record which contains the name(s) of
the officer(s) and employee(s) providing services under this Agreement and the
amount of time expended upon such services.
The Contractor shall maintain the records required under this paragraph
as set forth in Appendix A to this Agreement.
INDEMNIFICATION
The Contractor agrees to indemnify and hold harmless the State of New
York and the Department from all liability incurred by the Department for bodily
injury and personal property damages resulting from the negligent acts, errors or
omissions of the Contractor, its officers, agents or employees in the provision of
services under this Agreement, provided that the Department promptly notifies
the Contractor of any such claim and affords the Contractor an opportunity to
defend such claim and cooperates fully with the Contractor in the defense of
any claims.
NON-SECTARIAN PURPOSE
The Contractor shall not expend funds received under thi~ Agreement for
any purposes other than for performance of the work under this Agreement, and
hereby represents that no contract funds shall be expended directly or indirectly
for any private or sectarian purpose.
4
CONTRACTOR NOT DEPARTMENT EMPLOYEE OR AGENT
Neither the Contractor, nor its agents, employees, suppliers or
subcontractors shall be in any way deemed to be employees or agents of the
Department or of the State of New York in performing the work under this
Agreement.
DEVIATION FROM WORK
The Contractor shall perfor~ the work under this Agreement as set forth
in the application attached as Appendix C. Any substantial deviation from the
application shall require the prior written approval of the Department,
MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE
For this Agreement the Department has established the following goals:
Minority business enterprises
1%
Women owned business enterprises 1%
TERMINATION
The Department may terminate this Agreement for convenience upon
giving thirty (30) days written notice to the other party. Upon receipt of such
notice from the Department, the Contractor shall immediately cease work and
prepare a statement of costs, expenses and non-cancelable commitments
incurred as of the date of such termination.
The Department may terminate this Agreement for cause upon giving
one (1) day's written notice.
The Contractor's failure to perform in accordance with the terms of this
Agreement due to circumstances reasonably beyond the Contractor's control
should not constitute cause for termination pursuant to this provision. In the
event of such failure to perform, the Department may, at its option, either grant
the Contractor a specified period in which to correct its performance, or
terminate this Agreement in accordance with this paragraph.
MODIFICATION
This Agreement may not be modified unless such modification is made in
writing, executed by the Department and the Contractor and approved by the
Attorney General and Comptroller of the State of New York.
5
NECESSARY SIGNATURES
This Agreement shall not be binding and effective upon the Department
unless and until approved by the Attorney General and the Comptroller of the
State of New York.
6
MACBRIDE FAIR EMPLOYMENT PRINCIPLES
STIPULATION
Chapter 807 of the Laws of 1992 prohibits a State department from
contracting for the supply of goods and services or construction with any.
Contractor who does not agree to stipulate that it either has no business
operations in Northern Ireland, or if it does have such business operations, it
shall take lawful steps in good faith to conduct such operations in accordance
with the MacBride Fair Employment Principles.
PLEASE READ AND INITIAL EITHER STATEMENT #1 OR STATEMENT #2.
DO NOT INITIAL BOTH STATEMENTS.
__ 1. The Contractor, and any individual or legal entity in which
the Contractor holds a 10% Or greater ownership interest
and any individual or legal entity that holds a 10% or greater
ownership interest in the Contractor has no business
operations in Northern Ireland.
__ 2. The Contractor, and any individual or legal entity in which
the Contractor holds a 10% or greater ownership interest
and any individual or legal entity that holds a 10% or greater
ownership interest in the Contractor shall take lawful steps
in good faith to conduct any business operations they have
in Northern Ireland in accordance with the MacBride Fair
Employment Principles and shall permit the independent
monitoring of their compliance with such principles.
Dated:
7
APPENDIX E
FEDERAL CONDITIONS FOR AGRICULTURE AND FARMLAND
IMPLEMENTATION AGREEMENTS
New York State Department of Agriculture and Markets
These additional conditions apply to the portion of the grant which
was funded pursuant to a cooperative agreement between the United
States of America Commodity Credit Corporation and the NYS Department
of Agriculture and Markets.
FEDERAL FUNDING
Pursuant to Cooperative Agreement 73-2C31-8-440, the Commodity
Credit Corporation (CCC) has provided One Hundred Fifty Five Thousand
Dollars ($ 155,000) of funding for this Agreement. The Contractor agrees to
comply with applicable provisions of that Agreement and to assist the
Department in complying with its obligations.
RESTRICTIONS
The CCC's contribution for the acquisition of each conservation easement
or other interests in land shall not be more than Fifty percent (50%) of the
purchase price of the conservation easement or other interests in land acquired
by a county or local government under Agreement with the Department and
may not be used for closing and related administrative costs incurred for
acquiring the easement or other interests in land.
PAYMENT
CCC funds shall be paid to the Contractor only after receipt and approval
of the final report by the Department and upon receipt of funds from the CCC
pursuant to Cooperative Agreement 73-2C31-8-440. Nothing in this Agreement
shall obligate the Department to make any payment on the One Hundred Fifty
Five Thousand Dollar ($155,000) portion of the Agreement funded through CCC
funds in excess of actual funds received from the CCC. The State is funding
Three Hundred Thirty Seven Thousand Five Hundred Dollars ($337,500) of the
Agreement and the Department shall not be obligated to make any payment of
state funds in excess of that amount. The Department shall reduce the amount
of any payment request from the Contractor if funds received are insufficient to
cover the full payment.
8
EASEMENT REQUIREMENTS
The Contractor shall require that all easements or other interests in land
acquired under this agreement:
1. provide for the management and administration of the easement or.
other interests in land by the county or local government and approved co-
holding land trust, if any;
2. require management of the property in accordance with a conservation
plan that is developed utilizing th~ standards and specifications of the NRCS
field office technical guide and is approved by the Conservation District;
3. include the following provision:
"Contingent Right in the United States of America:
In the event that the county or local government and approved co-holding land
trust, if any, fails to enforce any of the terms of this easement [or other interests
in land], as determined in the sole discretion of the Secretary of the United
States Department of Agriculture, the said Secretary of Agriculture and his or her
successors and assigns shall have the right to enforce the terms of the
easement through any and all authorities available under Federal or State law.
In the event that the county or local government and approved co-holding land
trust, if any, attempts to terminate, transfer, or otherwise divest itself of any
rights, title, or interests of this easement [or other interests in land] without the
prior consent of the Secretary of the United States Department of Agriculture
and payment of consideration to the United States, then, at the option of such
Secretary, all right, title, and interest in this easement [or other interests in land]
shall become vested in the UNITED STATES OF AMERICA."
INDEMNIFICATION
The Contractor shall indemnify, defend, and hold the Department
harmless for any costs, damages, claims, liabilities, and judgments arising from
past, present, and future acts or omissions of the Contractor in connection with
the acquisition and management of the easements [or other interests in land]
acquired pursuant to this Agreement. This indemnification and hold harmless
provision includes but is not limited to acts and omissions of the Contractor's
agents, successors, assigns, employees, contractors, or lessees in connection
with the acquisition and management of the easements acquired pursuant to this
Agreement which result in: (1) violations of any laws and regulations which are
now or which may in the future become applicable, and including but not limited
to the Resource Conservation and Recovery Act, as amended, 42 U.S.C 6901 et
9
seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C 1251 et.
seq., the Comprehensive Environmental Response, Compensation, and Liability
Act, as amended, 42 U.S.C 9601 et seq., the Toxic Substances Control Act, as
amended 15 U.S.C. 2601 et seq., the Federal Insecticide, Fungicide, and
Rodenticide Act, as amended, 7 U.S.C 136 et seq., and the Safe Drinking Water
Act, as amended, 42 U.S.C 300f et seq.; (2) judgments, claims, demands,
penalties, or fees assessed against the United States; (3) costs, expenses, and
damages incurred by the United States; or (4) the release or threatened release
of any solid waste, hazardous waste, hazardous substance, pollutant,
contaminant, oil in any form, or petroleum product into the environment.
TITLE INSURANCE
The Contractor shall provide title policy insuring, in addition to the
State's share of the interest in real property being obtained, the amount of the
CCC funds paid for the United State's interest. In the event of a failure of title,
the Contractor will reimburse the Department for the amount the CCC paid,
less any amount paid to the United States from title insurance.
ASSIGNMENT
No assignment in whole or in part shall be made of any right or obligation
under this Agreement without the joint approval of both the United States and
the Department. Nothing herein shall preclude the United States or the
Department from entering into mutually acceptable arrangements or
agreements. Such documents shall be in writing, reference this Agreement, and
be maintained as part of the official agreement file.
ENFORCEMENT
The Cooperative Agreement shall be enforced and interpreted in
accordance with applicable Federal laws and regulations, directives, circulars, or
other guidance. When the Contractor signs this Agreement, the Contractor
agrees to be bound by the Cooperative Agreement to be administered in
accordance with 7 CFR Part 3015-Uniform Federal Assistance Regulations and
Part 3016-Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments.
NONDISCRIMINATION
The program or activities conducted under this Agreement shall be in
compliance with the nondiscrimination provisions contained in Titles VI and VII
10
of the Civil Rights Act of 1964, and other applicable nondiscrimination statues;
namely, Section 504 of the Rehabilitation Act of 1973. These statutes are
implemented through regulations of the Secretary of Agriculture (7 CFR, Part 15
and 15b), which provide that no person in the United States shall on the grounds
of race, color, national origin, or handicap be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination under any .
program receiving Federal financial assistance from the Department of
Agriculture or any agency thereof or in any program activity conducted by the
Department.
DRUG FREE
The activities under this Agreement will be in compliance with Title V of
the Drug-Free Workplace Act of 1988, 41 U.S.C..702, and 7 CFR, Part 3017,
Subpart F.
FAILURE TO COMPLY
If any recipient of Federal funds under this Agreement materially fails to
comply with the terms of this Agreement, the Department reserves the right to
wholly or partially recapture funds provided in accordance with 7 CFR Parts
1403, 3015, and 3016.
11
Agreement No. _~
COOPERATIVE AGREEMENT
BETWEEN THE
UNITED STATES OF AMEILICA
COMMODITY CREDIT CORPORATION
and the
NEW YORK STATE DEPAR~ OF AGRICULTURE AND MARKETS
for the
FARMLAND PROTECTION PROGRAM
This Cooperative Agreement, made this day of ,1998 is entered
into by and between the United States of America, by and through the Commodity
Credit Corporation (CCC) and the Natural Resources Conservation Service (NRCS)
(hereinafter '"the United States"), and the New York State (N'YS) Department of
Agriculture and Markets for the implementation of the Farmland Protection Program
(FPP). The CCC shall utilize the expertise and services of its various agencies of the
United States Department of Agriculture, including the N'RCS and the Farm Service
Agency (FSA). For purposes of this Cooperative Agreement, the term "Parties" refers
collectively to the United States and the NYS Department of Agriculture and Markets.
L AUTHORITY.
This Cooperative Agreement is entered into by the United States under the
authorities of the Commodity Credit Charter Act, 15 U.S.C. 714 etseq.; section 388 of
the Federal Agriculture Improvement and Reform Act (Pub. L. I04-127, 16 U.S.C. 3830
note); and the Soil and Conservation Domestic Allolment Act (Pub. L. 46, 16 II.S.C.
590a et seq.). The CCC adminiqer$ the FPP under the general supervision of the Chief
oftbe N'RCS who is a Vice President of the CCC.
II. BACKGROUND AND PURPOSE.
Enacted on April 4, 1996, section 388 of the Federal Agriculture Improvemem
and Reform Act authorizes the Secretary of Agriculture to purch:~ne conservation
easements or other interests in land with prime, Unique, or other productive soil that is
subject to a pending offer from a State, Tribe, or unit of local government for the purpose
of protecting topsoil by limiting non-agricultural uses of the land. On March 20, 1998,
CCC published a notice in the Federal Register requesting proposals for participation
from States, Tribes, and units of local government. See 63 FR 13615.
WHEREAS, the NYS Department of Agriculture and Markets and CCC have
mutual interests in preventing the conversion of agricultural lands to non-agricultural
uses; and
WI-LEREAS, NRC8 and CCC administer the 'FPP; and
WHEREAS, the NYS Delmulment of Agriculture and Markets adminint, ers a
farmland protection program, and has pg. ading offers for acquiring agricultural
conservation easements fi.om landowners within the State of New York, and therefore,
the United States and the NYS Department of Agriculture and Markets have agreed to
combine their resources to assure that such areas are p:rotected from conversion to
nonagricultural uses.
Therefore, the parties agree to enter into this CooPerative Agreement.
IlL OBLIGATION OF FUNDS
Upon execution of this agreement, the CCC shall obligate the sum of
$1,400,000 for the acquisition of United Stat~_~ interests in conservation easements or
other interests in land. The NYS Depashnent of Agriculture and Markets must request
payment of this amount in accordance with Part IV of this CooPerative Agreement by
September 30, 2000. After this date, any remaining funds will be released fi.om this
obligation.
This Cooperative Agreement is the authorizing document to obligate CCC funds
to acquire easements. Thc CCC's contribution for the acquisition of each conservation
easement or other interests in land shal~ not be more than 50% of thc purchase price of
the conservation easement or other interests in land acquired by a county or local
government under Agreement with the NYS Department of Agriculture and Markets and
may not be used for closing and related adminln~xative costa incurred for acquiring thc
casement or other interests in land. Attactunent A to this Cooperative Agreement
specifics thc CCC funds to be used within the State of New York and includes a list with
detailed breakdown of the: (1) name and mailing addre~ of the landowner;, (2) tax map
number(s) o.£the property; (3) number of acres to be acquired; and (4) e~Lniated easement
value. However, llothinE in thin document obligate~ the CCC or the ]N'YS Depailsaellt of
Agriculture and Markets to purchase all of the consertration easements or interests in land
listed. There may be further additions or deletions to the list dependin~ on the price~ paid
for the conservation easements or other interests in land, the ability to obtain good and
clear title, and future funding for acquisitions after fiscal year 1998. Additions or
deletions to the list will be made with mutual agreement between the Parties to this
Cooperative Agreement.
IV. PAYMENTS
The NYS Department of Agriculture and Markets shall notify NRCS when the
CCC funds are to be paid. CCC funds shall be paid to the NYS Depa~hnent of
.Agriculture and Markets after NRCS ts notified that the conservation easement or ~ther
interests in land has been recorded and the NYS Department of Agriculture and Markets
has paid the landowner. All easement deeds utilized or approved by the NYS
Department of Agriculture and Markets shall be aooroved in advance by the .NRC,';
Washin~on oftiee~ - -
The NYS Department of Agriculture and Markets will submit Form SF-270
(Request for Advance/Reimbursement of Funds) and'[he supplement information
specified below to the New York NRCS State office. The NYS Department of
Agriculture and Markets may submit the Form SF-270 after all the easements have been
recorded and the landowner has been paid or on a quarterly basis for each quarter that
easements have been recorded and the landowner has been paid.
At a minimum, the following information shall be included in, or attached to, the
SF-270: (1) NYS Department of Agriculture and Markets; (2) agreement number;, (3)
easement contract amber;, (4) total mount of dollars paid for easement, specifiying the
CCC share and the non-CCC share of the easement cost; (5) term of easement; (6) acres
acquired; (7) schedule payment number or final; (8) Tax Identification'Nmmber (TIN) for
NYS Department of Agriculture and Markets; (9) Federal Information Processing
Standards (FIPS) number for NYS Department of Agriculture and Markets; (I 0) Bank
routing number and account number for desired deposit location; and (11 ) copy of the
easement deed that contains the contingent right clause as described in Part V of this
Agreement.
V. EASEMENT REQUIREMENTS.
A. The NYS Department of Agriculture and Markets shall assure that
conservation easements or other interests in land acquired by county or local government
and approved co-holding land trusts, if any, under this agreement:
1. nm with thc land in perpetuity; ifa shorter duration is sought, the NYS
Department of A?ieulture and Markets must s~ui'c anoroval oft'ne N'RC~
2. prevent the land l~om being converted to non-agricultural uses:
3. provide for the management and administration of the easement or other
interests in land by the county or local government and approved co-holdine land trust, if
any. ~
3
4. require management of the property in accordance with a conservation elan
that is developed utilizing the standards and specifications of the NRCS field office
technical guide and is approved by the Conservation District; and
5. include the following provision where title is held by thecounW or local
government and approved co-holding land Rust, if an33.
"Contingent Right in the United States of America:
In the event that the county or local government and approved co-holding land mm,. if
any, fails to enforce any of the terms oft. his easement [or other interests in land], ~
determined in the sole discretion of the Secretary of the United States Department of
Agriculture, the said Secretary of Agriculture and his'~r her successors and nssi~n.~ shall
have the right to enforce the terms of the easement through any and all aut_horiti}s
available under Federal or State law.
In the evem that the county or local government and approved co-holding land U'u_cc if
any, attempts to terminate, tlallsfer, or otherwi~ divest itself of any rights, rifle, or
interests of this easement [or other interests in land] without the prior consent of the
Secretary of the United States Department of Agriculture and payment of consideration t¢
the United States, then, at the option of such Secretary, all right, rifle, and interest in this
easement [or other interests in land] shall become vested in the UNITED STATES OF
AMERICA."
B. Unless otherwise agreed to by the Parties, a county or local government and
approved co-holding land trust, if any, shall hold title to any conservation easement or
interest in land. However, tide may be held by the United States at the request of the
Secretary of Agriculture upon mutual agreement of the Parties.
VI. RESPONSIBILITIES.
A. The United States responsibilities:
1. The United States, by and through the NRCS, shall provide technical and other
services reqqir~l to develop and implement conservation plans under this Coopera.t/ve
Agreement. ' ·
To ensure th~ the conservaUon plan is implemented appropriamly, the
NRCS will be provided the opportunity to conduct periodic field visits on lands that are
enrolled in the FPP.
2. The CCC shall, subject to the availability of funds, disburse the appropriate
funds to the NYS Department of Agriculture and Markets in accordance with Part Ill and
IV of this Cooperative Agreement.
B. The NYS Department of Agriculture and Markets responsibilities:
4
1. The NYS Department of Agriculture and Markets shall assure that the countx-
or local government performs necessary legal and administrative actions to ensure proper
acquisition and recordation of valid easements or interests in land.
2. The NYS Department of Agriculture and Markets shall use all awarded funds
under this agreement for the acquisition of conservation easements or interests in l~md
within approved FPP areas. CCC funds shall pay for not more than 50% of the purchase
price of the conservation easement or other interests in land acquired.
3. The NYS Departinent of Agriculture and Markets shall pay all costs of
easement procurement and will operate and manage each easement in accordance with the
NYS Department of Agriculture and Markets farmland
The United States shall have no responsibility or the costs or management of the
fi t protection program and the FPP.
easements purchased by the NYS Department of Agriculture and Markets. The NYS
Department of Agriculture and Markets shall indemnify, defend, and hold the United
States harmless for any costs, damages, claims, liabilities, and judgments arising fi.om
past, present, and future acts or omissions of the NYS Department of Agriculture and
Markets in connection with the acquisition and management of the easements [or other
interests in land] acquired pursuant to this Cooperative Agreement. This indemnification
and hold harmless provision includes but is not limited to acts and omissions of the NYS
Department of Agriculture and Market's agents, successors, assigns, employees,
contractors, or lessees in connection with the acquisition and management of the
easements acquired pursuant to this Cooperative Agreement which result in: (I)
violations of any laws and regulations which are now or which may in the future become
applicable, and including but not limited to the Resource Conservation and Recovery Act,
as amended, 42 U.S.C. 6901 et seq., the Federal Water Pollution Control Act, as
mended, 33 U.S.C. 1251 et seq., the Comprehensive Environmental Response,
Compensation, and Liability Act, as emended, 42 U.S.C. 9601 etseq., the Toxic
Substance~ Con~xol Act, as amended 15 U.S.C. 2601 etseq., the Federal Insecticide,
Fungicide, and Rodenticide Act, as amended, 7 U.S.C. 136 et seq., and the Safe Drinking
Water Act, as amended, 42 U.S.C. 300f et seq.; (2)judgments, claims, demands,
penalties, or fees assessed against the United States; (3) costs, expenses, and damages
incurred by '
the Umted States; or (4) the release or threatened release of any solid waste,
ha:,ardous waste, hazardous substance, pollutant, contaminant, oil in any form, or
petroleum product into the environment. -. ·
4. The NYS Depa~iment of Agriculture and Markets shall require the
mcorporaUon into each conveyance instrument in which CCC funds are used as part of
the acquisition the "Contingent right in the United States of America- provision
described in Part V of this Cooperative Agreement.
5. Prior to certification for payment, the NYS Department of Agriculture and
Markets shall ensure that all lands for which a conservation easement or other interest in
land has been acquired will have a conservation plan, as described in Part V-of this
Cooperative Agreement.
5
6. The NYS Department of Agriculture and Markets shall prohibit all non-
agricultural uses of the encumbered properties.
7. In acquiring easement and interests in land, the NYS Deparlraent of
Agriculture and Markets shall ensure that the title to the lands or interests therein shall be
unencumbered or, if encumbered by outstanding or res~ved interests, the NYS
Department of Agriculture and Markets shall emmre that such encumbrance shall not -
interfere with the purposes for which the land or interests therein are being acquired. The
NYS Department of Agriculture and Markets shall assure that proper rifle evidence is
secured and that the ~ is inshred for the adequacy of the title at least to the
mount of the CCC price paid for the United States interest. In the event of a failure of
title, the [STATE/County/Local Government] will reimburse the United States for the
amount of the CCC paid, less any amount paid. to thl; United States from title
insurance.
8. The NYS Department of Agriculture and Markets shall ensure that the
consideration paid to any landowners for the conveyance to the NYS Department of
Agriculture and Markets of any lands or interests in lands is no more than the fair market
value of the land or interests conveyed, as determined by an appraiser licensed in the
State. Any appraisal shall conform to the Uniform Appraisal Standards for Federal Land
Acquisitions (Interagency Land Acquisition conference, 1992).
9. The NYS Depmtment of Agriculture and Markets shall submit the
documentation identified in Part IV of this agreement prior to CCC disbursing funds for
payment.
10. Performance Reporting: The NYS Depaxtment of Agriculture and Markets
will submit an annual report of the status of easement aeqnisition to CCC, or when
requested by CCC or NRCS. This report format will be defined by NRCS and submitted
to the United St~t~s representa6ve for this Agreement.
VIL GENERAL PROVISIONS.
A. The period of this agreement shall be from the date of the last signature affixed hereto
through l~ff, nlll~2d~2.
B. No assi~nment in whole or in part shall be made of any right or obligation under this
Cooperative Agreement without the joint approval of both the United States and the NYS
Department of Agriculture and Markets. Nothing herein shall preclude the United States
or the NYS Depa~hssent of Agriculture and Markets from entering into mutually
acceptable arrangements or agreements. Such documents shall be in writing, reference
this agreement, and be maintained as part of the official agreement file.
6
C. This Cooperative Agreement may be amended, emended, or modified by ~nen
amendment signed by the authorized officials of the United States and the NYS
Department of Agriculture and Markets.
D. This agreement may be terminated by either party hereto by a written notice to the
other pan'y at least 30 calendar days in advance of the effective date o£the termination.
This agreement may be terminated i>y the United States if the United States determines
that the NYS Department of Agriculture and Markets has failed to comply with the
provisions of this agreement. In the ev. ent that this agreement is terminated for max'
reason, the financial obligations of the parties will be as set forth in 7 CFR Part 3~16.
E. This Cooperative Agreement shall be enforced and interpreted in accordance x~Sth :
applicable Federal laws and regulations, directives, circulars, or other guidance. When
signed, this Cooperative Agreement will become binding on the NYS Departmem of
Agriculture and Markets and the United States to be administered in accordance with 7
CFR Part 3015-Uniform Federal Assistance Regulations and Part 3016-Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments.
F. As a condition of this Cooperative Agreement, the NYS Depm~anent of Agriculture
and Markets assures and certifies that it is in compliance with, and will comply in the
course of the agreement w/th the Office of Management and Budget (OMB) Circular, A-
l 02 Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and local governments and other related circulars.
G. The program or activities conducted under this Cooperative Agreement shall be in
compliance with the nondiscrimination provisions contained in Titles VI and VII of the
Civil Rights Act of 1964, and other applicable nondiscrimination statutes: namely.
Section 504 of the Rehabilitation Act of 1973. These statutes are implemented tl~oagh
regulations of the Secretary of Agriculture (7 CFR, Part 15 and 15b), which provide that
no person in the United States shall on the grounds of race, color, national origin,, or
handicap be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program receiving Federal financial assistance
from the Department of Agliculture or any agency thereof or in any program activity
conducted by the Department.- .:
H. The activities under this agreement will be in compliance with Title V of the Drag-
Free Workplace Act of 1988, 41 U.S.C. 702, and 7 CFR, Part 3017, Subpart F.
I. Employees of the NYS Department of Agriculture and Markets shall not be cov_~idered
as Federal employees or agents of the United States for any purpose under this
agreement.
J. The NYS D~/paranent of Agriculture and Markets shall give CCC, NRCS. or the
Comptroller General, through any authorized representative, access to and tl~e fig?.: .:o
examine all records, books, papers, or documents related to this agreement.
7
K. If any recipient of Federal funds under this Cooperative Agreement materially fails to
comply with the terms of this Cooperative Agreement, the United States reserve~ the
right to wholly or partially recapture funds provided in accordance with 7 CFR Parts
1403, 3015, and 3016.
: ' VIII. PRINCIPAL CONTACTS.
The United States representat~ for this Cooperative Agreemem is:
Richard Swe~son, State Conservationist
Natural Resources ConscrvationService:,,~ ,.- :.:
on_behalf of the~2ommodity Credit Corporation
The Cralleries of Syracuse
44.1 S. S~na St., Suite 354 ·
Syracuse, NY 13202-2450
(315) 477-6504
The NWS Department of Agriculture and Markets representative f6i' this
Cooperative Agreement is:
Robert Bettcker
NYS Department of Agriculture and Markets
Fiscal Management
1 Winners Circle
Albany, NY 12234
518-457-9564
IN WITNESS WHEREOF, the following anthorized representatives of the United
States and the NYS Departmen! of Agriculture and Markets have executed this
Cooperative Agree~nent.
NYS Department of Agriculture and Markets
By: ~ ALG~ER' l
Deputy Commissioner
~~.~_,.,..~ATES {)~F~2~ERICA
State Conservationist
9
ATTACHMENT A - SPECIAL P~OVISIONS
-I. DRUG-FREE WORKPLACE CERTIFICATION
II. CERTIFICATION REGARDING LOBBYING
III. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, A_ND OTHER
RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIO~S
IV. __C~IR~ANIlW~TERCERTIF~
V. ASSURANCES AND COMPLIANCE
VI. EXAMINATION OF RECORDS
ATTAC~4ENT A - SPECIAL PROVISIONS
The signatories agree to compl~ with the ~ollowing special provisions
which are hereby attached to this agreement.
I. Drug-Free Workplace
By signing this agreement,.~the sponsors are providing..the ' .......
certification set out below. If it is later determined that the
sponsors knowingly rendered a false certification, or otherwise
violates the requirements of the Drug-Free.Workplace Act, the
Service, in addition to any o~her remedies available to the Federal
Government, may take action authorized under the Drug-Free' Workplace
Act.
Controlled substance means a controlled substance ~n'Schedules I
through V of the Controlled Substances Act (21U.S.C. 812) and as
further defined by regulation (21 CFR 1308.11 through 1308.15);
Conviction means a finding of (inciuding a plea of nolo
contendere) or imposition of sentence, or both, by any judicial body
charged with the responsibility to determine violations of the
Federal or State criminal drug statutes;
Criminal drug statute means a Federal or non-Federal criminal
statute involving the manufacturing, distribution, dispensing, use,
or possession of any controlled substance;
Employee means the employee of a grantee directly engaged in the
performance of work under a grant, including: (i) All direct charge
employees; (ii) All indirect charge employees unless their impact or
involvement is insignificant to the performance of the grant; and,
(iii) Temporary personnel and consultants who are directly engaged ~
in the performance of work under the grant and who are on the
grantee's payr~lT,...This definition does not include workers not on-
the payroll of th6 grantee (e.g., volunteers, even if used to meet a
matching requirements; consultants or independent contractors not on
the grantees' payroll; or employees o~brecipients or
subcontractors in covered workplaces).
Certification:
A. The sponsors certify that it will or will continue to provide a
drug-free workplace by:.
(a) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of'a
controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
(b) Establishing an ongoing drug-free awareness program to
inform employees about--
(1)
(2)
workplace;
The danger of dr~g abuse in the workplace;
The grantee's policy of maintaining a drug-free
(3) Any available drug counseling, rehabilitation,
employee assistance programs; and
and
(4) The penalties that may be imposed upon employees for
drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in
the performance of the grant be given a copy of the statement
required by paragraph (a);
(d) Notifying the employee in'the statement recuired by
paragraph (a) that, as a condition of employment un~er the grant, the
employee will --
(1) Abide by the terms of the statement; and
(2) Notifying the employer in writing of his or her
conviction for a violation of a criminal drug statute occurring in
the workplace no later than five calendar days after such a
conviction;
(e) Notifying the Service in writing, within ten calendar days
after receiving notice under paragraph (d)(2) from an employee or
otherwise receiving actual notice of such conviction. Employers of
convicted employees must provide notice, including position title, ~o
every grant officer or other designee on whose grant activity the
convicted employee was working, unless the Federal agency has
designated a central point for the receipt of such notices. Notice
shall include the ~dentification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days
of receiving notice under paragraph ~)~), with respect to any
employee who is so Convicted --'
(1) Taking appropriate personnel action against such an
employee, up to and including termination, consistent with the
requirements of the Rehabilitation Act of 1973, as a~ended; or
'(2) Requiring such employee to participate satisfactorily
in a drug abuse assistance or rehabilitation program approved for
such purposes by a Federal, State or local health, law enforcement,
or other appropriate agency;
(g) Waking a good faith effort to continue to maintain a drug_
free workplace through implementation of paragraphs (a), (h), (c)
(d), (e) and (f). ·
(h) Agencies shall keep the original of all disclosure reperts
in the official'files of the agency.
B. The sponsors may provide a list of the site(s) for the
performance of work done in connection.with a specific project or
other agreement. .
II.
Certification Regarding Lobbying (7 cFR 3018) (Applicable if
this agreement exceeds $100,000) - The sponsors certify to =he
best of their knowledge and belief, that:
(1) No Federal appropriated funds.hav~..been paid or will be paid, by
or on behalf of the sponsors, to any-person for influencing or
attempting to influence an officer or employee of an agency, Mer~er
of Congress, and officer or employer of Congress, or a Merber cf
Congress in connection with the awarding of any Federal contract, tke
making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been
paid or will be paid to any person forinfluencing or attempting to
influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of
Congress, in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submi%
Standard Form - LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
· (3) The sponsors shall require that the language of this
certification be i~cluded in the award documents for all subawards at
all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingI~j-
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered in~o.
Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, Title 31,
U.S. Code.. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
III.
Certification Regarding Debarmentr SUspensionr and Other
Responsibility Matters - Primar~ Covered Transactions£
(7 CFR 3017)
(1) The sponsors, certify to the best of its knowledge and belief,
that it and its principals:
(a) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded frqm Covered
transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal
been convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal,
state or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery,..br, ibery,'falsification or destruction
of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise crir~nally or
civilly charged by a goverrunental entity (Federal, State cr local)
with commission of any of the offenses enumerated in paragraph (1)(b)
of this certification; and
(d) Have not within a three-year period preceding this
application/proposal has one or more public transactions (Federal,
State or local) terminated for cause or default.
(2) Where the primary sponsor is unable to certify to any of the
statements in this certification, such prospective participant shall
attach an explanation to this agreement.
IV. Clean Air and Water Certification
(Applicable if this agreement exceed $100,000, or.a facility to be
used has been the %ubject of a conviction under the Clean Air Act (42
U.S.C. 1857c-8(c)(1) or the Federal Water Pollution Control Act (33
U.S.C. 1319(c)) and is listed by EPA,~o_r. is not otherwise exempt.)
The project sponsoring organization(s) signatory to this
agreement certifies as follows:
(a)
Any facility to be utilized in the performance cf
this proposed agreement is , is not ,
listed on the Environmental Protection Agency
List of Violating Facilities.
(c)
To promptly notify the State.Administrative
Officer prior to the signing of this agreement
by SCS, of the receipt of any communication
from the Director, Office of Federal Activities,
U.S. Environmental P~otection Agency, indicatin~
that any facility which he proposes to use fpr
the performance of the agreement is under
consideration to be listed on the Environmental
Protection Agency List of Violating Facilities.
To include substantially this certification~
including this subparagraph (c), in every
nonexempt subagreement.
CLEAN AIR AND WATER CLAUSE
(Applicable only if the agreement exceeds. S100,000, or a faciliuy to
be used has been the subject of a conv~ctlon under the Clean Air Ac%
(42 U.S.C. 1857c-8(c)(i) or the Fe4eral Water Pollution Control Act
(33 U.S.C. (1319(c)) and is listed by EPA or the agreemen: is
otherwise exempt.) -'
A. The project sponsoring organization(s) signatory to
agreement agrees as follows:
To comply with all the requirements of section 1!4
of the Clean Air Act as amended (42 U.S.C. 1857,
et seq., as amended by Public Law 91-604) and
section 308 of the Federal Water Pollution Control
Act (33 U.S.C. 1251 et. seq., as amended by Public
Law 92-500), respectively, relating to inspection,
monitoring, entry, reports, and information, as
well as other requirements specified in section i!4
and section 308 of the Air Act and the Water Act,
respectively, and all regulations and guidelines
issued thereunder before the signing of this
agreement by SCS. :
(2)
(3)
That no portion of the work required by this
agreement will be performed~in-a facility listed
on the Environmental Protection Agency List of
Violating Facilities on the date when this
agreement was signed by SCS unless and until
the EPA eliminates the name of such facility
or facilities from such listing.
To use their best efforts to comply with clean
air standards and clean water standards at the
facilities in which the agreement is being
performed.
(4)
To insert the substance of the provisions of this
clause in any nonexempt subagreement, including
this subparagraph A.(4).
The terms used in this clause have the following
meanings:
(1)
(2)
(3)
The term "Air Act" means the Clean Air Act, as
amended (42 U.S.C. 1857 et seq., as amended by
Public Law 91-604).
The term "Water Act" means Federal Water Pollution
Control Act, as amended (33 U.S.C. 1251 et seq.,
as amended by Public. Law 92-500).
The term "clean air standards" means any
enforceable rules, regulations, guidelines,
standards, limitations, orders% controls,
prohibitions, or other requirements which are
contained in, issued under, or otherwise adopted
pursuant to the Air Act or Executive Order 11738,
an applicable implementation plan as described
in section ll0(d.) of the Clean Air Act (42 U.S.C.
1857c-5(d)), and approved implementation procedure
or plan under section lll(c) or section lll(d),
respectively, of the Air Act (42 U.S.C. 1857c-6(c)
or (d)), or an approved implementation procedure
under section lt2(d) of the Air Act (42 U.S.C.
1857c-7(d)).
(4)
(5)
The term "clean water standards" means any
enforceable limitation, control, condition,
prohibition, standards, or other requirement
which is promulgated pursuant to the Water Act
or contained in a permit issued to a discharger
by the Environmental Protection Agency or by a
State under an approved program, as authorized
by section 402 of the Water Act (33 U.S.C. 1342),
or by a local g6vernment to ensure compliance with
pertreatment regulations as required by section
307 of the Water Act (3 U.S.~'i-1317).
The term '!compliance" means compliance with clean
air or water standards. Compliance shall also mean
compliance with the scheduled or plan ordered or
approved by a court of competent jurisdiction, the
Environmental Protection Agency or any air or water
pollution control issued pursuant thereto.
(6) The term "facility" means any building,-plant,
installation, structure, mine, vessel or other
floating craft, location or site of operations,
owned leased, or supervised by a sponsor, to be
utilized in the performance of an agreement or
subagreement. ' Where a location or site of
operations contains or includes more than one
building, plant, installation, or structure, the
entire location shall be'deemed to be a facility
except where the Director, Office of Federal
Activities, Environmental Protection Agency,
determines that independent facilities are
collocated in one geographical area.
Assurances and Complianc~
As a condition of the grant or cooperative agreement, the recirient
assures and certifies that it is in compliance with and will c~mDly
in the course of the agreement with all applicable laws, regula%~ons,
Executive Orders and other generally applicable requirements,
including those set out in 7 CFR 3015, 3016, 3017, 3018 and 30~
hereby are incorporated in this agreement by reference, and such
other statutory provisions as are specifically set forth herein.
VI. Examination of Records
Give the Service or the Comptroller General, through any authorized
representative, access to and the right to. examine all records,
books, papers, or documents related to this agreement. Retain all
records related to this agreement for a period of three years after
completion of the terms of this agreement in accordance with the
applicable OMB Circular.