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Home My WebLink AboutDowntown Revitalization Grant - Matticuck Chamber of Commerce ELIZABETH A. NEVILLE TOWN CLERK REGISTi~kR 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 (631) 765-6145 Telephone (631) 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 AUGUST lS. 2000: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute an Amendment of Agreement that will permit the Mattltuck Chamber of Commerce to modify their Downtown Revitalization Program Grant Proposal. ~A'. Neville Southold Town Clerk August 15. 2000 Agreement/IFMS No. SCS 525-CAP-CAP-64007-0000000 C/A Reft ED003M/0014-02YNA Amendment of Agreement This is the First Amendment of an Agreement last dated March 10, 2000 (Agreement) between the County of Suffolk (County), a municipal corporation of the State of New York, having its principal office at the County Center, Riverhead, New York 11901, acting through its duly constituted Department of Economic Development (Department), located at H. Lee Dennison Building, 100 Veterans Memorial Highway, P.O. Box 6100, Hauppauge, New York 11788-0099, and Town of Southold (Municipality), aNew York municipal corporation, having its prin- cipal place of business at Town Hall, P.O. Box 1179, Southold N.Y. 11971. The parties hereto desire to amend the Agreement by re-allocating the use of the Downtown Revitalization funds as set forth in Exhibit B-l, attached hereto, which replaces Exhibit B to the Agreement. Sufficient funding ex- ists pursuant to Resolutions Nos. 808-1998 and 614-1999 of the Suffolk County Legislature. Term of Agreement: Shall be from March 10, 2000 through March 9, 2002, with an option for the County to extend this Agreement for an additional year, as provided in Exhibit A to the Agreement. Terms and Conditions: Shall be as set forth in Exhibit B-l, attached hereto, and Exhibit A to the Agreement. Gratuities: The CONTRACTOR represents and warrants that it has not offered or given any gratuity to any offi- cial, employee or agent of Suffolk County or New York State or of any political party, with the purpose or intent of securing favorable treatment with respect to the awarding or amending of an agreement or the making of any determi- nations with respect to the performance of an agreement, and that the signer of this Agreement has read and is familiar with the provisions of Local Law No. 32-1980 of Suffolk County (Chapter 386 of the Suffolk County Code). Except as herein amended, all other representations, terms and conditions of the Agreement, including any and all amendments or budget modifications executed prior to the date hereof, are hereby ratified and confirmed to be in full force and effect according to their terms. In Witness Whereof, the parties hereto have executed th is Agreement as of the latest date written below. Town of Southold County of Suffolk .l~hn W. Cochran, TownnSupervisor [Please print name and title under signature.] Fed. Taxpayer ID # 11-600-1939 Date: ~:lZ31o~ Approved as to Form, Not Reviewed as to Execution: By: Date: Eric A. Kopp Chief Deputy County Executive Approved: Robert J. Cimino Suffolk County Attorney By: Patricia Jordan Assistant County Attorney Alice A. Amrhein Commissioner of Economic Development Date: Date ED3(5/00) o~/os/oo ¢:o2 PM \\LIWOX\WPLIB$\M~I4W\~J\E¢on. Oevelop\ad003~a.dwntwn revit. Exhibit B-1 Project Summary and Letter of Request Consists of 2 Pages (attached) · 07/2~/00 .TU~ 15:13 FAX 63129048?4 Advantage Capital 07/10/00. MON L0:15 FAX 6318534886 SC DED/ SC IDA PROJECT SUMMARY {~002 ~oo~ Z Please Complete and Return to: S.C. Department of Economic Development 100 Veterans Memorial Highway Hauppauge. NY 11788 Phone: (631) 853-4800 1 Fax: (631) 8534888 Name of Organlzation:~,,lf,~,.,cK. ~t~e,~o J~'. ¢,~t~.gislative District #_..(__ Address: Co~ Person: Town or ~llage ~ponsor:~ L~on ~ Proj Bdef De. rip[on o,f Project: , Z Fax: ~?~- 3 2 ~7 Estimated Costs (Itemize Estimates): f.~/ OOO. d o *'Total Project Cost *Must equal grant award of Round Im" Downtown Revitalization Program. 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 March 3, 2000 Ms. Alice A. Amrhein Commissioner of Economic Development H. Lee Dennison Building P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Commissioner Amrhein: The Town of Southoid and the Mattituck Chamber of Commerce hereby request a modification to our Downtown Revitalization Program Grant proposal. The Town of Southold and the Mattituck Chamber of Commerce have secured funding from the NYS Department of Transportation, through the efforts of Assemblywoman Patricia Acampora, in the amount of $60,000., for new sidewalks on Love Lane, Mattituck. To make the new sidewalks a reality, we would like to apply a portion of the Downtown Revitalization funds ($21,000.) towards the new sidewalks and the balance ($8,725.) towards the sign and planters. The budget total will remain the same and ali of the components in the original Project Summary will be completed by the Chamber of Commerce. As always, thanks for your support. ~~ ~Sincere /~l~an M~rphy Deputy Supervisor Town of Southold 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) 765-1823 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 JANUARY ~. 2000: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute any and all necessary documents relating to the Suffolk County Downtown Revitalization grant funds awarded to the Mattituck Chamber of Commerce all in accordance with the approval of the Town Attorney. · NeVille Southold Town Clerk January I~, 2000 SUFFOLK COUNTY Honorable Jean W. Cochran Supervisor TOWN OF SOUTHOLD Town Hail P.O. Box 1179 Southold, NY 11971 December 23, 1999 Roloert J. Get'ney SuFFolE Coun~ Executive ("--3eorse (~atta, Jr. ~epu~ ~oun~ ~ecutive For Economic ~evelopment Alice A. Amrhein ~omm[ssioner Dear Supervisor Cochran: Earlier this year the town passed a resolution authorizing non profit organizations to submit applications to Suffolk County for Downtown Revitalization funds. I am pleased to advise you that one organization within your town that you sponsored has received a grant from Suffolk County. I have attached three (3) copies of a contract that requires your signature and the first voucher for the advance. Attached to the contract is Exhibit B which gives you the budget and the project description for each of the winning applicants from your jurisdiction. I have requested that the non profits not progress their project until after they have talked to their appointed town liaison to confirm when financing will be available. Upon signing of this contract, Suffolk County will advance you 30% of the total amount of this contract, ($8,918) then periodically, upon submission of vouchers substantiated by bills from the non profits, we will forward additional funding. I would appreciate knowing the name of the person from your town who will be assigned to coordinate this effort, so that my staff can stay in touch with them. If you have any questions on this matter, please do not hesitate to call. Sincerely, Alice A. Amrhein Commissioner Attach. !! ~, i i;, SL'"[~: .'rSD:<S OFF/CE H Lee Dennison BI~., 2~a Floor, 1~ V~era~ ~emo~al Hig~way, P.O. Box 61~, Hauppauge, N~ Yor~ 11788~ 516.85S.48~ * outsi~e Lon~ I~l~: 1.8~.76~.~RO~ ~ lax 516.853.4888 ~site: ~p://~.co.su~[ol~.ny.us · Email: aamt~ein~co.su[[ol~.ny.us Agreement/IFMS No. SCS 525-CAP-CAP-64007-0000000 C/A Ref. ED003M/ -02YN DOWNTOWN REVITALIZATION PROGRAM AGREEMENT THIS AGREEMENT is between the COUNTY OF SUFFOLK (the "COUNTY"), a municipal corporation of the State of New York, having its principal office at the County Center, Riverhead, New York 11901, acting through its duly constituted DEPARTMENT OF ECONOMIC DEVELOPMENT (the "DEPARTMENT"), located at H. Lee Dennison Building, 100 Veterans Memorial Highway, P.O. Box 6100, Hauppauge, New York 11788-0099, and TOWN OF SOUTHOLD (the "MUNICIPALITY"), a New York municipal corporation, having its principal place of business at Town Hall, P.O. Box 1179, Southold, NY 11971. The MUNICIPALITY above named has been designated as a recipient of Downtown Revitalization funds and has heretofore expressed its desire to undertake or assist in undertaking Downtown Revitalization activities as set forth in Exhibit(s) B attached hereto. Sufficient funding exists pursuant to Resolutions Nos. 808-1998 and 614-1999 of the Suffolk County Legislature. TERM OF AGREEMENT: Shall be from the latest date of signature below through the day preceding the second anniversary of said date, with an option for the COUNTY to extend this Agreement for an additional year, as provided in Exhibit A. TOTAL COST OF AGREEMENT: Shall not exceed $29,725. TERMS AND CONDITIONS: Shall be as set forth in Exhibit A attached. 1N WITNESS WHEREOF, the parties hereto have executed this Agreement as of the latest date written below. TOWN OF SOUTHOLD COUNTY OF SUFFOLK [Please print name and title under signature.] Fed. Taxpayer ID # ti Date: By: Date: ERIC A. KOPP Chief Deputy County Executive APPROVED: APPROVED AS TO FORM, NOT REVIEWED AS TO EXECUTION: ROBERT J. CIMINO Suffolk County Attorney ALICE A. AMRHE1N Commissioner of Economic Development Date: By: Robertson Hatch Assistant County Attorney Date ED3 (9/99) L~tprintod [2/23/993:021PM¥~Pla~01h~codev~lltino~,lice'$ FOId'r~DOW]~'rO~lq ONL~Ag~c~m~nt~O~t°~'~ TABLE OF CONTENTS EXHIBIT A ................................................................................ 1. PURPOSE .................................................................................................................................. 1 2. PROGRAM ADMINISTtL4.TION ............................................................ (a) Authorization ................................................................................................................. 1 (b) Supervision .................................................................................................................... I (c) Environmental Review Process ..................................................................................... (d) Compliance with Law .................................................................................................... 1 3. PERFOKMANCE ...................................................................................................................... 1 4. TERM OF AGREEMENT ......................................................................................................... 2 5. FUNDING .................................................................................................................................. 2 (a) Budget ............................................................................................................................ 2 (b) Limitations ..................................................................................................................... 2 (c) Payments of Expenditures .............................................................................................. 2 (d) Advance Payments ......................................................................................................... 3 (e) Payment Sched~.le .......................................................................................................... 3 (f) Final Report and Claim .................................................................................................. 3 (g) Agreement Subject to Appropriation of Funds .............................................................. 3 (h) Post-Audit ...................................................................................................................... 3 6. ACCOUNTING AND AUDIT PROCEDURES ....................................................................... 3 7. REAL PROPERTY .................................................................................................................... 4 8. COUNTY-MUNICIPALITY RELATIONSHIP ....................................................................... 4 9. GRATUITIES ............................................................................................................................ 4 10. NONDISCRIMINATION .......................................................................................................... (a) Equal Employment Oppommity and Affirmative Action in Employment .................... 5 (b) Nondiscrimination In Services ....................................................................................... 11. COOPERATION ON CLAIMS ................................................................................................ 6 12. INDEMNIFICATION ................................................................................................................ 6 13. OBLIGATIONS OF MUNICIPALITY WITH RESPECT TO CERTAIN THIRD-PARTY RELATIONSHIPS ..................................................................................................................... 6 14. ASSIGNMENT AND SUBCONTRACTING ........................................................................... 6 15. TERMINATION ........................................................................................................................ 7 16. MERGER CLAUSE .................................................................................................................. 7 17. NO ORAL CHANGES .............................................................................................................. 7 18. SEVERABILITY ....................................................................................................................... 7 EXI-tIBIT(S) B ED3 (9/99) EXI-IIBIT A 1. PURPOSE The MUNICIPALITY, for the consideration herein provided, agrees to complete the Downtown Re- vitalization Program Project(s) (the "DRP Project(s)") described in E,,chibit(s) B, which are attached to and made a part of this Agreement, in a workmanlike manner. The MUNICIPALITY's agreement to complete the DRP Project(s) is subject to the provisions of paragraphs 13 and 14 of this E,'chibit A. All references contained in this Agreement to MUNICIPALITY shall be deemed to include the sub-recipient(s) shown on Exhibit(s) B. 2. PROGRAM ADMINISTRATION (a) Authorization Notwithstanding any other provision of this Agreement, the MUNICIPALITY must submit evi- dence, and the DEPARTMENT must certi~, prior to any commitment of funds under this Agreement, that the Project(s) are in accordance with applicable regulations. Upon such certification, the DEPARTMENT will give notice authorizing the MUNICIPALITY to begin the DRP Project(s). (b) Supervision It is agreed that the nature and extent of the DR2 Project(s) undertaken pursuant to this Agreement shall be subject to general oversight by the COUNTY. The MUNICIPALITY agrees to comply fully with roles, regulations, criteria, guidelines and expenditure controls heretofore adopted or to be adopted by the COUNTY. (c) Environmental Review Process The MUNICIPALITY shall act as the lead agency with regard to any Project(s) to which the State Environmental Quality Review Act ("SEQRA") is applicable, shall maintain all applicable documentation and, upon request, shall submit copies of any Environmental Assessment Forms, determinations, etc. to the DEPARTMENT. (d) Compliance with Law In rendering Services under this Agreement, the MU'NICIPALITY shall comply, and shall require its officers and directors, partners, trustees or other members of its governing body and personnel employed to render services under this Agreement to comply, with all applicable local, State and Federal laws, regula- tions, rulings and requirements of law, including without limitation Suffolk County local preference and other applicable Suffolk County local laws and resolutions of the Suffolk County Legislature. 3. PERFOPdMANCE (a) The MqJNICIP,qLITY agrees to begin work on its DRP Project(s) within a reasonable time after the commencement of the term of this Agreement and will attempt to complete all DRP Project(s) within eighteen (l 8) months of the effective date of this Agreement. (b) If the MUNICIPALITY's performance lags substantially behind the MUNICIPALITY's proposed schedule of completion, the COUNTY may take the following actions either singularly or in com- bination: ED3 (9/99) Page 1 of 7 pages of E,'chibit A (ii) (iii) (iv) TERM OF Require the MUNICIPALITY to submit intbrmation to the COUNTY re- garding the reasons tbr lack of per;tbrmance and actions being taken to remove the causes for delay. Require the MUNICIPALITY to demonstrate to the COUNTY that the MU- NICIPALITY has the capacity to carry out DRY Projec:(s) in a timely manner. Require the MUNICIPALITY to submit to the COUNTY progress schedules for completing DRY Project(s). Require the MUNICIPALITY to suspend, discontinue or not incur costs for DRY Project(s). AGREEMENT (a) This Agreement shall cover the period provided on the first page thereof, unless sooner ter- minated as provided below. (b) Unless this Agreement shall kave been terminated as provided below, the COUNTY shall have an option at its sole discretion to extend the term of this Agreement for one year on the same terms and conditions provided in this Agreement. Such renewal shall be at the sole discretion of the Commissioner of the Department of Economic Development by written notice to the MLq'4ICIPALITY of the COUNTY's election to exercise such renewal option. 5. FUNDING (a) Budget The MUNICIPALITY represents and agrees that the Budget(s) included in Exhibit(s) B, include(s) ail costs of materials, appliances, tools, labor, etc. needed by the MUNICIPALITY to undertake the DRY Project(s). (b) Limitations Said payment to the MUNICIPALITY shall be for approved Project expenditures, not to exceed the Budget(s) in E,,chibit(s) B. Payment under this Agreement shail not duplicate payment from any other source(s) for MUNICIPALITY costs and services provided pursuant to this Agreement. The maximum amount to be paid by the COUNTY as set forth on the cover page of this Agreement shall constitute the full obligation of the COUNTY in connection with this Agreement and any matter arising therefrom. (c) Payments of Expenditures The COUNTY agrees to pay the MLrNICIPALITY for actuai costs incurred pursuant to this Agree- ment on receipt of claims submitted on a standard Suffolk County Payment Voucher in addition to any other form(s) required by the DEPARTMENT or the Department of Audit and Control, together with sufficient supporting data (e.g., copies of cancelled checks, paid receipts, contracts for sale of real property., certified payrolls), in accordance with the "Regulations for Accounting Procedures for Contract Agencies" promul- gated by the Department of Audit and Control of Suffolk County and any amendments thereto during the term of this Agreement. All claims for payment are to be submitted within thirty (30) days after the close of the month in which the expenditure was made. Claims are subject to adjustments or audit by authorized personnel of the COUNTY. ED3 (9/99) Page 2 of 7 pages of E2chibit A (d) Advance Payments Upon written request of the MUNICIPALITY, the COUNTY may authorize advances of funds in anticipation of actual expenditures not in excess of 30% of the undisbursed balance of the amount for any Project in the Budget in order to meet subcontractor expenses in a timely manner. Such requests shall be submitted by the ~vFO-NICIPALITY, on a form specified by the DEPARTENT. In the event that advances of funds are made, no further payments will be made until documentation satisfactory to the COUNTY is sub- mitred veri~ing that the advanced funds were expended in accordance with this Agreement. (e) Payment Schedule Payment of all vouchers shall be according to a payment schedule approved by the DEPARTMENT. Any funds advanced but not expended at the end of the term of this Agreement shall immediately be due and ow/ng to the COUNTY. (0 Final Report and Claim No later than two (2) months after the completion of each Project, unless otherwise directed by the DEPARTMENT, or upon the expiration or termination of tiffs Agreement the MUq,/ICIPALITY shall sub- mit a final report summarizing the completed Project(s), together ~vith a final request for payment of all ap- proved expenditures then remaining .u._n_ paid or documentation satisfactory, to the COUNTY verifying that any advanced funds not previously documented under subparagraph (d) above or repaid pursuant to sub- paragraph (e) above were expended in accordance w/th this Agreement. (g) Agreement Subject to Appropriation of Funds This Agreement is subject to the amount of funds appropriated and any subsequent modifications thereof by the Suffolk County. Legislature, and no liability shall be incurred by the COUNTY under tiffs Agreement beyond the amount of funds appropriated by the Legislature for the program covered by this Agreement. (h) Post-Audit All payments made under this Agreement are subject to audit by the Suffolk County Comptroller pursuant to Article V of the Suffolk County. Charter. The MUNICIPALITY further agrees that the County Comptroller and the DEPART~MENT shall have access to and the fight to examine, audit, excerpt, copy or transcribe any pertinent transactions or other records relating to services under this Agreement. If the NFO- NICIPALITY fails to cooperate Mt_h_ an audit by the Comptroller, the COUNTY shall have the fight to sus- pend or partially withhold payments under this Agreement or under any other agreement between the parties untii such cooperation is forthcoming. If such an audit discloses overpayments by the COUNTY to the MIJNICIPALITY, within thirty (30) days after the issuance of an official audit report by the Comptroller or his duly designated representatives, the MUNICIPALITY shall repay the amount of such overpayment by check to the order of the Suffolk County Treasurer or shall submit a proposed plan of repayment to the Comptroller. If there is no response or if satisfactory repayments are not made, the COUNTY may recoup overpayments from any amounts due or becoming due to the MUNICIPALITY from the COUNTY under this Agreement or otherwise. The provisions of th/s subparagraph shall survive the expiration or termination of the Agreement. 6. ACCOUNTING AtND AUDIT PROCEDURES (a) The MUNICIPALITY agrees to maintain accounts, records, documents, and other evidence and accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of the Agreement in accordance with generally accepted ac- ED3 (9/99) Page 3 of 7 pages of Exl'dbit A counting principles, the "Regulations for Accounting Procedures for Contract Agencies" as promulgated by the COUNTY Department of Audit and Control and any financial directives promulgated by the DE- P)d~TMENT. (b) All records shall be subject at ail reasonable times to inspection, review, or audit by person- nel duly authorized by the DEPARTMENT or by the County Comptroller or his duly designated represen- tatives only to verify, that payments were properly made and to verify, the nature and extent of costs of appli- cable services provided by MUNICIPALITY. Such access is granted notwithstanding uny exemption from disclosure that may be claimed for those records which are subject to nondisclosure agreements, trade se- crets and commercial information or financial information that is privileged or confidential. (c) The MUNICIPALITY agrees to retain ali accounts, records and other documents relevant to this Agreement for seven (7) years after final payment. Federal, State and/or COUNTY auditors and any persons duly author/zed by the COUNTY shall have full access and the fight to examine any of said materi- als during said period. (d) A copy of any audit report concerning the DRP Project(s) shall be forwarded to the Suffolk County Comptroller for his review. Any such report shall be accompanied by a detailed written response to audit findings and recommendations by the ML~ICIPALITY outlining the plan of corrective action and timetable it intends to follow to correct audit deficiencies and to implement audit recommendations. 7. REAL PROPERTY (a) Real property acquired or improved in whole or in part using DRP funds that is within the control of the MUNICIPALITY shall require the following actions: (i) The timely notification of the COUNTY by the MUNICIPALITY of any modification or change in the use of the real property, from that plarmed at the time of acquisition or improvement including disposition; (ii) Reimbursement of the COUNTY in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non-DRP funds) of property, acquired or improved with DRP funds that is sold or transferred for a use which does not qualify under the DILP regulations; and, (iii) Return of program income to the COUNTY generated from the disposition or transfer of property prior to or subsequent to the closeout, change of status or termination of this Agreement between the COUNTY and the MUNICIPAL- ITY. (b) The provisions of this paragraph shall survive the expiration or termination of this Agree- ment. 8. COUNTY-MUSNICIPALITY RELATIONSHIP It is expressly agreed that the MUNICIPALITY's status hereunder is that of an independent con- tractor. Neither the MUNICIPALITY nor any person hired by the MUNICIPALITY or any subrecipient or subcontractor shall be considered employees of'the COU2'4TY for any purpose whatsoever. 9. GtL4TLrITIES The M-Ut'NICIPALITY represents and warrants that it has not offered or given any gratuity to any of- ficial, employee or agent of Suffolk County orNew York State or of any political party, with the purpose of ED3 (9/99) Page 4 of 7 pages of Exhibit A intent of securing favorable treatment with respect to the awarding or amending of an agreement or the making of any determinations with respect to the performance of an agreement, and that the signer of this Agreement has read and is familiar with the provisions of Local Law No. 32-1980 of Suffolk County (Chapter 386 of the Suffolk County Code). 10. NONDISCRIMINATION (a) Equal Employment Opportuni~ and Affirmative Action in Employment in accordance with Article 15 of the Executive Law (also known as the Human Rights Law) and all other COUNTY, State and Federal constimtionai, statutory and administrative nondiscrimination provisions, the MUNICIPALITY Shall not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, age, disability, Vietnam Era Veteran status or marital status. The NIC[P,a~LITY shall comply with Part E - SUFFOLK COUNTY CONTRACTING REQUIREMENTS, of which a copy is annexed, of the Suffolk County Affirmative Action Plan. (b) Nondiscrimination In Services (i) Furthermore, the ~'NICIPALITY, in providing services trader this Agree- ment, shall not, on the ~otmds of race, creed, color, national origin, sex, age, disability or mm'ital stat~s: A. Deny an individual any services or other benefits provided under the program: B. Provide any services or other benefits to an individual wkich are different, or are provided in a different manner, from those provided to others under the program; C. Subject an individual to segregation or separate treatment in any matter re- lated to hisser receipt of any services or other benefits provided under the program; D. Restrict an individual in any way in the enjoyment of any advantage or privi- lege enjoyed by others receiving any services or other benefits provided under the program; E. Treat an individual differently from others in determining whether or not the individual satisfies any eligibility or other requirements or conditions which individuals must meet in order to receive any aid, care, services, or other benefits provided under the program. (ii). The CONTRACTOR shall not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, creed, national origin, sex, age, disability or marital status or have the effect of defeating or substantially impairing accompliskment of the ob- jectives of the program in respect to individuals of a particular race, creed, national origin, sex, age, disability or marital status in determining: A. The types of services or other benefits to be provided under the program, or B. The class of individuals to whom, or the situations in which, such services or other benefits will be provided under the program, or ED3 (9/99) Page 5 of 7 pages of Exhibit A C. The class of individuals to be afforded an opportunity to participate in the program. (iii) The MUNICIPALITY shall incorporate the foregoing requirements of this paragraph in ali of its contracts for program work and will require ali of its contractors for such work to incorporate such requirements in ail subcontracts for program work. 11. COOPERATION ON CLAIMS The MUNICIPALITY agrees to render diligently to the COLrNTY any and all cooperation, without additional compensation, that may be required to defend the COUNTY against any claims, demand, or ac- tion that may be brought against the COUNTY in connection with this Agreement. 12. h~qI)EM2NIFICATION To the extent permitted by law, the MUNICIPALITY shall indemnify and hold harmless the COUNTY from and against ail claims, costs (including attorneys' fees), losses and liabilities of whatsoever nature arising out of the acts or omissions or negligence of the MUNICIPALITY, its officers, agents, ser- vants or employees in connection with the services described or referred to in tiffs Agreement. 13. OBLIGATIONS OF MUNICIPALITY WITH RESPECT TO CERTAIN THIRD-PARTY RELATIONSHIPS (a) The MUNICIPALITY shall remain fully obligated under the provisions of this Agreement, notwithstanding its designation of any third party, or parties for the undertaking of ali or any part of the pro- gram for which assistance is being provided under this Agreement to the MUNICIPALITY. (b) Any agreement between the ~fUNICIPALITY and a third-party subrecipient shalI be in compliance with ali applicable local laws, rules and regulations and shall include the following provisions in a written agreement: (i) A description of each task to be undertaken by the subrecipient, a schedule for completing each task and a budget for each task, as set forth in the applicable Exhibit B to this Agreement. (ii) Specification of records, reports and data to be maintained or submitted. (iii) Compliance with all applicable State and local laws, precluding, but not lim- ited to, environmental laws. (iv) . Indication that the agreement may be terminated for default, inability, or fail- ure to perform. (v)Requirement that any County funds on hand or accounts receivable at the time of termination shall be returned to the COUNTY. (vi) Provision that the agreement is subject to and incorporates by reference all of the provisions of this Agreement. 14. ASSIGNMENT AND SUBCONTRACTING (a) The MUNICIPALITY shall not assign, transfer, convey, sublet, or otherwise dispose of this Agreement, or any of its right, title or interest therein, or its power to execute this Agreement, or assign all or any portion of the monies that may be due or become due thereunder, to any other person or corporation, ED3 (9/99) Page 6 of 7 pages of Exhibit A without the prior consent in writing of the COLt'qTY, and any attempt to do any of the foregoing without such consent shall be of no effect. (b) The MUNICIPALITY shall not enter into subcontracts for any of the work contemplated un- der this Agreement without obtaining prior written approval of the DEPARTMENT. Such subcontracts shall be subject to and incorporate by reference all of the provisions of this Agreement and such other conditions and provisions as the DEPARTMENT may deem necessary; provided, however, that notwithstanding the foregoing, such prior written approval shall not be required for the subcontracts shown on Exhibit(s) B at- tached hereto· The MUNICIPALITY shall be responsible to the COUNTY for the performance of ail obli- gations under this Agreement. No approval by the DEPARTMENT of any subcontract shall provide for the incurrence of any obligation by the COUNTY in addition to the agreed upon amount in the Budget. 15. TERMINATION (a) If the MUNICIPALITY fails to fulfill in a timely and proper manner its obligations under this Agreement, or if the MUNICIPALITY becomes bankrupt or insolvent or falsifies its records or reports, or misuses its funds from whatever source, the COUNTY may terminate this Agreement in whole or with respect to any identifiable part of the program, effective immediately, or, at its option, effective at a later date specified in the notice of such termination to the MUNICIPALITY. (b) The COUNTY shall be'released from any and all responsibilities and obligations arising from the Program covered by this Agreement, effective as of the date of termination, but the COUNTY shall be responsible for payment of all claims for services provided and costs incurred by the MUNICIPALITY prior to termination of this Agreement, that are pursuant to, and after the MUNICIP,4_LITY's compliance with, the terms and conditions of this Agreement. (c) Notice of termination must be in writing, signed by an authorized official, and sent to the other party by certified mail, or by messenger, and receipt shall be requested. Notice of termination shall be deemed delivered as of the date of its posting by certified mail or at the time it is delivered to the other party, by messenger. 16. MERGER CLAUSE It is understood that this Agreement represents the entire agreement of the parties hereto; that all previous understanding are merged herein; and that no modifications hereof shall be valid unless written evidence thereof shall be executed by the parry to be charged. 17. NO ORAL CHANGES No modification of this Agreement shall be valid unless written in the form of an Addendum or Amendment signed 'by both parties. 18. SEVERABILITY It is expressly agreed that if any term or provision of this Agreement, or the application thereof to any person or circumstance, shall be held invalid or unenforceable to any extent, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and every other term and provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by [aw. - END OF TEXT OF EXHIBIT A - ED3 (9/99) Page 7 of 7 pages of Exhibit A - ' ~N -?~Cz i JO P~QUZRE.~.ENTS !. Re~cirsd Prcvfsicn~ a) The contractor will ncc employees cr semi!cants for ..... c ..... co ~icna! disabi!izv, Vi= ~ - .... =~, Era veteran status or marital status, and will ,~' ......... pro,rams cf affirmative action zo ensure -h-- and minority g--U. ~=..mke~s -re afforded - employment cp9crt,~%i:ies withcu: discrimina:icn. Aff~rmau±ve ac:ion shall mean recruiumen: job assi?~en:, promotion, uucrad~ncs demc:icn, transfer, !aycff, or :ermine:ion and rates cf ~ay cr other forms] cf ' · ccm~ensatlon. -(b) ~sa ccn~ractor shal~ = .... - -- r~qu_._ each emp!oymenc agency,.!abcr '~.icn, or authorized representative cf workers with which it has a coi!ec~ive barqainin? or o~ner, ac~=='me~t or unders~andinc', to = ~'~ ~ s =~-m_..~ teat such emp!o_vmen~ a~ency, labor u~.ion or ...... c-sC__m_==~e cn ~he basis cf race, creed, cs!or, nations! origin, sex, age, dis~i!itv, Vietnam Era V_~__==. status or merits! - 9 - (c) ?he con~rac=cr shall s~ace, {~ :~] sol~_._._. ac'z=,t!sements ocr emp!cyees, zhaz, in the Performance cf the Suffolk County cc.ntrac~, creed, color, national oric~, ==-,, ace '' ' .~- vietnam Era Veteran sZatus or marina! s~a:us. (d) ~= cc.lurac~cr shall ~, '- · ..... uc= --he Provisions cf sec~icr, s .... - ~-~ :very subcor, trac~, :~ such a mar2. er tha~ ~ke Pro~'iSicns wi-~ ..... each ='~ccn~_ac~o~ for al! work in ccPm. ec~icn 'i i. tee Suffc'!k Coun=y ccn~rac~. (e) The conuracuor shall use all 9ccd faiuh effc~us 55 imp!emenc the Suffolk Cc~u~y Wc~en &ud Mincr~/ c~P. ed business enterprise program ~ud to solicit acuive participation h~ enterprises identified in the "Suffc!k Co~ry Wcmen/Minori~? Business Enterprise Directory" ("Co,mci W/Y~E Directory") as certified Women and mincri~y-o~ed business en=erprises. f) .%4! Su_:.:.< County contracts and all doc'~menus -c~inc~ recf~'ests ~or proposals or bids for Suffolk County con~racus shall contain the foliowin~ orcorietorsh~s, par~nershi~ or corporation ~ha~ is: - _~ .....~ 0 ~_~ blt ~, mor~ citizens or ~err~aner. c b. A~. enterprise ~- which the c~rshi~ inzeres~ cf suck wcmen is rea!, u_.~, 'c. ~m. enterprise in "~ ~ c ,.s_s .... has and exercls~s zne -,-~ day-to-day business decisions cf the d. A~ enterurise authorized to do ' ~ iA ~ew Y~rk State' ~n' w: ~'~% ; ' .C n ..... s indeuendent !-; owned ~.d operated. - 1! - (2) one or more minority group me..~cers; ......... r~!se ix '"'' ,,~ · . cwr. eusk!p is real, sui~s~anula! and c. A=~- ~=r-Uerprise in wk~ suck mir. cri~-z .,e_=~= r. as and e:<ercises ~he aU~hcri~-z ~c en~er~r~ se' d. ~n ennerprise au~kc~-e~ ~ dc :~, ~-= - ~ ~[ew York SzaEe - - · .' - amc operated. Minority croum membe-: A UniEed States ciEizen or ~ermanen~ residenE alien who is and c~n demcnsEraEa membershiu in one Of the fcllcw!ng groups: a. Black persons having origins in ~ny cf ~he Black Africa! racial b, Hispanic persons of Me~ican, Puerto Kic~, Dominican, C,~ban, Cen~ra! cr Scuuh - 12 - ~erican descent cf either Indian er Hispanic origin, re~ardless of race; c. Native ~mecican persons having origins in any cf the original peoples cf North ~merica; · d. Asian and Pacific islander persons kavinq origins in any cf cae Far East cc~ries, South East Asia, the indian s'abccn~inen~ or the Pacific islands. (4) U~i!iza=ion :~=~: ::iaa p~eparec ' - - can=ractzc and sUi~mit~=d in ~=~-~^" with a ~rcmcsed Suffolk C - - ~m ccnuracm ~%d shall ....... ~- ~nat measures and procedures the contractor intends to take to utilize women/minority business =,-=, pro]eot watch is the su~jec~ cf ~ke ~id ' propose!. ~ontractor: ~-n individual, a business ente[prise inc!udin~ a sole proprietorship, partnershi~ cor~oracion, contract, CE a corpcratiSn', 'a ndt-for-mrb=~t o .... party to a a bidder ~n conjunction with 13 - n .... v a County agency !akcr, services, ,,~-: · CC~xa~!c~ Cf ioreco~- ~ wr:--=~ agreemenu ~.-=e~._ or does expend f'~ds for real prcmer~7 and (7 SUl~contrec~: A~ a~reement prcvidin? for the conszructicn, demoiiticn, replacement, major re~air, renovation, pl~inq or desi?. cf real property and improve~encs therean ar services beu~een a contractor and ~Ay individual or business enuerprise, including a sole Prcprie~srship, partnership, ..c,~ -~-=ro cb!ication under a County concrac~ is- u~-de"~a'~=~ or ass~ed, bu~ ~- ~ ~ ' - - on-/ ccns~rucsicn, demcliticn, rep!acemen~, majs~ repair, renc,za~ior., ~!anninc cz design co~rac~or, (k) The ccnzrac~or's Uti!iza~icn Plan shall include, (!) ~dm~=~--~- · ......... =~ of ~ne certified women ar minority cwr. ed business enter=rises ~-- have committed ~o perform work i~ ccm~ection with the proposed S%ffo!k'Co~v ccn~rac~ as e.. as any suck en:er~rises which ~ke ccntracsor in~en~s ~o ~$e In cop~.ec~ion wi~A ~ke ccn~rac~or's performa_~ce of the proposed Suffolk Cc~%~y ccn~rac~; - 15 - .~s adverzised -~ ........... on media, t--ace association ~lica~icns, and Wcmen-~ ccus and media and if sc, tko naaes cf suck media and - - =~-~s and ~ne da~es of ~he adver~=~=~__. wkich have been scl~c~=~ '2v zhe ccn~rac~cr have re~ces~s for proposal cr sciqc~:~q~_ for Di~=c~o~v cr State Dir=c-c.~- if a~olicz~=: (5)-a description cf the ccnzrac~ scope of work which, tko contractor intends to structure to increase :ke par%icipaticn by certified ~cmen and minority-owned business enterprises Suffolk Co~.ty (6) the es~imated ar, if l~nc,~m., actual dollar a~c~nts to be Paid ~o certified women ~d mlnority-oWr'ed e~3erprises ~d the performance co~%racx ~'~C~ E~= co~EracEoz ' ' be PerfcFmed by a certif~md W/M2E; ~nd (7) dcc'--'men~a~ion of tits cantraczc~'s acZua! U~i'!Za%!C~ of women/minority business (i) if se!eczed as the !cwes~ responsible bidder, su_m_~ perlcclc re~orts re!a~in~ c~e_-~_c., a~ ' ' ' · . , of ~ke contrac% term · conzractcr compliance ~=~c~- s~=,_ ~nc:uce, ~uz no~ ce limited ~o: (!) the name, address and te!ephcne ~, 'o- each certified w~mek ~d 'min~ri~~o~.ed ~,, ~= -' e..~__=__=~ the contractor is us!hq cr in~ends to use to ccmp!~f with the uti!iza~ion pia~; (2) a brief descrip~ion of the contract scope of 'work to be performed for k~ contrictor Dy ea'ch ~ certified women ~d minori~y-cw~..ed business enterprise and the ' =~'~=' '--= fc~ performance~ - 17- ---~zen a~reement with each certified w --r~-se and, if se~_~ces~ed, cf wc~k zo be performed by each ceszified wcmea (5) dcc'cmencauicn of the acuua! amcu_~.ts cf ar.v _ma?.-nents made by ~he ccn~rac~r to each csruified Wcmen ~%d mincri~y-cw~ed busines~ enterprise as cf ~he s'~missica da~s cf ~he ccmpii~ce repcr~. ' (j) in ~l even~ of the conuractor's ~ ~ wi~h the non-disc~imina:ic~ clauses and -=~J,remen~s cf ~my Co~ty ccn~rac~ suck ccn~rac~ may ~e cancei!ed,'termina~ed cr susme~d=d ~ wkc~= part. 2. lafcrma! Admihistrative Review a) Failure to ccmp!y with the ~erms cf this W/Y2E progra~ shall be a factor in determinia? whether a - 18 - -~ = .sl~_= Lidder. request, a ccntraczcr who is no: awarded a ccn:racz may be notified of the qrounds for the non-award cf the ccn~ract. (b) Fai~ur= to ~ ~- . - - c~mp_£ with the nondxscriminaticn clauses and W/~a -=~ 4- ~ ~- --_u-=eme..us of any Ccun~/ ccn~ract s~.a__ be a facuor in determ~c whether is ~ defau!~ cf suck cunuracu. Upon re~cesu, a ccnuractor who is declared in defau!~ cf a ccntracz -~=-~= cz Cefau!~ C2 SUCh ccn~rac~ - 19 - EXHIBIT B TOWN OF SOUTHOLD Project Summary Attached PROJECTSUMMARY Le~.Districts: ~ SPONSOR: NAME OF ORGANIZATION CONTACT PERSON -~z~.J~,~.,z3/~ TAX# //'~7~7~} OR TOWN OR VIL~GE C0~SPONSOR NAME ~l~ ~ CONTACT PERSON ,~ APPROVED WITH RESOLUTION,. YES. ~ NO' RESOLUT1ON~ COMPLIES WITH ZONING: YES ~ NO~ LOCATION MAP: YES ~ NO VISION PLAN: YES ~ NO LOCATION OF PROJECT ~ ~ ~ ~/~ ~T~'~ / CONSTRUCTION_~ - -- OPERATING BRIEF PROJECT DESCRIPTION: 71,11..~ APPLY gg'~O~v' /~' ~'c..~' 7~t~ TOTAL PROJECT COST $ OTHER REVENUE SOURCES: 1. APPROVED YEs__NO 2. APPROVED YES NO 3. APPROVED YES NO 4. APPROVED YES__NO BENEFiTS/GROWTH MEASURES ~/~)~E.~ ESTIMATE JOBS CREATED ESTIMATE OTHER'7-,~5¥,'~/~'z:Y.'~/{ (TOURISM, INCREASED RETAIL SALES, ETC.) DOWNTOWN REVITILIZATION COMMITTEE RECOMMENDATION: YES_ NO__ SUFFOLK COUNTY LEGISLATURE RESOLUTION# DATE PROJECT SUMMARY Leg. Districts: SPONSOR: NAME OF ORGANIZATION CONTACT PERSON TOWN OR VILLAGE C0-SPONSOR NAME / ~ ~' CONTACT PERSON ~ ~ E APPROVED WITH RESOLUTION: RESOLUTION~ COMPLIES WITH ZONING: YES LOCATION MAP: YES ~ NO vISION P~N: YES ~ NO LOCATION OF PROJECT ~ CONSTRUCTION ~ 2 ~, ~. OO OPERATING BRIEF PROJECT DESCRIPTION: -774/.~ /WP?Z../r../SF'/C~*..-{ TOTAL PROJECT COST $ ~7~, ~"J~.O~ OTHER REVENUE SOURCES: /~,/O/" /c~'~-J~'/F~/~'/-~ , APPROVED YES NO _ ~. APPROVED YES . NO 3. APPROVED YES NO 4, APPROVED YES NO BENEFITSIGROWTH MEASURES ~/J)~7~ /I~Z,'FO~/~,~2g/'~/_~ //~ ESTIMATE JOBS CREATED ESTIMATE OTHER~/~/~ (TOURISM, INCREASED RETAIL / ~d~5~ ~1 ~ SALES, ETC.) DOWNTOWN REVIT]LIZATION COMMI~EE RECOMMENDATION: YES , NO SUFFOLK COUN~ LEGIS~TURE RESQLUTION~ OATE