HomeMy WebLinkAboutHashamomuck Pond WatershedRESOLUTION 2011-561
ADOPTED
DOC ID: 7042
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-561 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 2, 2011:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute Contract #C006880 between the Town of Southold
and the NYS Department of State in connection with the Hashamomuck Pond Watershed
Management Plan Implementation, subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Albert Krupski Jr., Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
Town of Southold - Agreement #C006880
Hashamomuck Pond Watershed Management Plan Implementation
CONTRACT ADMINISTRATION UPDATE FORM
Please update/specify in formation for up to (3) people to receive contract related correspondence from DOS and indicate which
person should be the primary correspondence recipient. The primary recipient must be an employee of the Town of Southold and
will receive original DOS correspondence, with attachments. The other individuals listed will receive copies of DOS transmittal
letters, without attachments. NOTE: The Mayor/Supervisor must be listed on this form, but does not need to be the prima(v
correspondence recipient.
o No updates necessary tn Please make the following updates:
Honorable Scott A. Russell [] Primary recipient of correspondence from DOS Phone Number:
Supervisor ~ Copy this person on correspondence from DOS
Town of Southold 631-765-1889
53095 Main Road
PO Box 1179
Southold, NY 11971- O
Email Address: Fax Number:
scott.russell@town.southold.ny.us 631-765-1823
Primary recipient of correspondence from DOS Phone Number:
Copy this person on correspondence from DOS
Email Address: Fax Number:
Primary recipient of correspondence from DOS Phone Number:
~ Copy this person on correspondence from DOS
Address: . . ~
~o~,. ~~.~o.~-~ FaxNumber:
Please list up to (3) individuals who are authorized to execute amendments and/or sign payment requests for this project:
Name:
Name:
Name:
Title:
SignatureoftheMayor/Supervisor: __ -~~
Authorized for:
r'~Amendments? ~
Amendments? ~] Payments?
Amendments? [~] Payments? ['~
IN WITNESS THEREOF, the parties hereto have executed or approved this AGREEMENT on the dates below
their signatures.
Contract No. C006880
STATE AGENCY:
New York State Department of State
By:
Title:
Date:
State Agency Certification
"In addition to the acceptance of this contract, I
also certify that original copies of this signature
page will be attached to all other exact copies of
this contract."
ACKNOWLEDGMENT
State of New York )
County of .~ ~?'/'~0 A ~ )ss:
Onthis I~'t4' dayof /e~cxdT~ct,-5~ , in the year 20 [ [ , before me personally appeared
~~' ~- ~55C/I , to me ~own, who being by me duly sworn did depose and say that
he/~isthe ~/M/~o~ of ~ O~ ,50~/~,theorgani~tion
described in and w[ich executed the above instrument; and that he/~ has the authority to sign on behalf of
said organimtion; and that h~ executed the foregoing agreement for and on behalf of said organi~tion.
,~ ~ a ~ I /~ JENNIFER ANDALORO
~,~ ( ~ ~~ NOTARY'PUBUc, State of Now York
~-j'- ~'~OT~RY PUBLIC NO. 0'AN'098~48
Qualified in Suffolk County [ ~
' ~' Commission Expires Janua~ 12, 20~
ATTORNEY GENERAL:
Title:
Date:
Approved:
Thomas P. DiNapoli
State Comptroller
By:
Date:
IN WITNESS THEREOF, the parties hereto have executed or approved this AGREEMENT on the dates below
their signatures.
CONTRACTOR
TowaofSou,h;d
Title:
Contract No. C006880
STATE AGENCY:
New York State Department of State
By:
Title:
Date:
State Agency Certification
"In addition to the acceptance of this contract, 1
also certify that original copies of this signature
page will be attached to all other exact copies of
this contract."
ACKNOWLEDGMENT
State of New York
County of
Onthis 1o~'~ dayof /~¢t4.x'~ , in the year 20 t/r , before me personally appeared
~ 5'O__.,r> ~ ~. ~ff~~ ~ ~ ~, to me ~own, who being by m; d~ly sworn, did depose and say that
he/~isthe 5~c~O-- ~ of ~ O~ ~o~o~,theorganization
described in and wh~h executed the above instrument; and that he/~has the authority to sign on behalf of
said organization; and that he/~ executed the foregoing ag~ement for and on behalf of said organi~tion.
~ ~6~g~ ~ NOT~Y PUBLIC, State of N~
N~,r:'7 ~ '~ew York No. 02AN6098246
Qualified in Suffolk Cou~
~ ~ Commisslon ~ims Janua~ 12, 20~~
ATTORNEY GENERAL:
Title:
Date:
Approved:
Thomas P. DiNapoli
State Comptroller
By:
Date:
IN WITNESS THEREOF, the parties hereto have executed or approved this AGREEMENT on the dates below
their signatures.
CONTRACTOR
Town of Southold
Title: ~ ~'
Contract No. C006880
STATE AGENCY:
New York State Department of State
By:
Title:
Date:
State Agency Certification
"In addition to the acceptance of this contract, 1
also certify that original copies of this signature
page will be attached to all other exact copies of
this contract."
ACKNOWLEDGMENT
State of New York A ~<~ I
Countyof ._~(~ rt~-~"~) _ss:
On this ~ day of /a~L/.dr4t.~q-'-t~ , in the year 20 t { , before me personally appeared
~ C~x>~-~ /Z], /~tX~SC ~/{r, to me known, who being by me duly sworn, did depose and say that
he/,sh~ is the .~o~' c/t'fo r~ of -7~>/-~'/7 t~'{h .D/C> d/?/~t~O/d, the organization
described in and wh{ch executed the above instrument; and that he/~e has the authority to sign on behalf of
said organization; and that he/~.: executed the foregoing agreerr~nt for and on behalf of said organization.
t (~ ~.0~[~ JENNIFER ANDALOI[D
Oualilied in ,Suffolk Oout~lM
Oommiaaion Expires Janua~
ATTORNEY GENERAL:
Title:
Date:
Approved:
Thomas P. DiNapoli
State Comptroller
By:
Date:
FACE PAGE
STATE AGENCY (Name and Address):
NYS Department of State
One Commerce Plaza
99 Washington Avenue - Suite 1010
Albany, NY 12231-0001
CONTRACTOR (Name and Address):
Town o£ Southold
53095 MainRoadz /~,O- ~,~:,~x [[,.[e[
Southold, NY 11'971-O~L~?
FEDERAL TAX IDENTIFICATION NUMBER:
11-6001939
NYS COMPTROLLER'S #: C006880
ORIG. AGENCY CODE: 19000
TYPE OF PROGRAM:
Environmental Protection Fund Act - 2007 LWRP
STATE SHARE FUNDING AMOUNT FOR
INIT1AL PERIOD $341,000.00
LOCAL SHARE FUNDING AMOUNT FOR
INITIAL PERIOD $341,000.00
INITIAL CONTRACT PERIOD:
FROM: April I, 2009
TO: March 31, 2012
MUNICIPALITY #
APPENDICES ATTACHED TO AND PART OF THIS AGREEMENT
APPENDIX A: Standard clauses as required by the Attomey General for all state contracts
APPENDIX Al:
Including
Agency-specific clauses
Attachment I - Final Projcct Summary Report
Attachment 2- Minority and Women-owned Business Enterprises (MWBE) Program
Quarterly Contractor Report
Attachment 3 - Project Status Form
Attachment 4 - Procurement Certification
APPENDIX B: Budget
APPENDIX C: Payment and Reporting Schedule
APPENDIX D: Program Work Plan
APPENDIX F: Notices
APPENDIX G: Electronic Payments
APPENDIX X: Modification Agreement Form (to accompany modified appendices for changes in term or
consideration on an existing period or for renewal periods)
STATE OF NEW YORK
AGREEMENT
This AGREEMENT is hereby made by and between the State of New York agency (STATE) and the public or
private agency (CONTRACTOR) identified on the Face Page hereof.
WITNESSETH:
WHEREAS, the STATE has the authority to regulate and provide funding for the establishment and operation of
program services and desires to contract with skilled parties possessing the necessary resources to provide such services;
and
WHEREAS, the CONTRACTOR is ready, willing and able to provide such program services and possesses or can
make available all necessary qualified personnel, licenses, facilities and expertise to perform or have performed the
services required pursuant to the terms of this AGREEMENT;
NOW, THEREFORE, in consideration of the promises, responsibilities and covenants herein, the STATE and the
CONTRACTOR agree as follows:
I. ConditionsofAgreement
A. This AGREEMENT may consist of successive periods (PERIOD), as specified within the AGREEMENT or
within a subsequent Modification Agreement(s) (Appendix X). Each additional or superseding PERIOD shall be on
the forms specified by the particular State agency, and shall be incorporated into this AGREEMENT.
B. Funding for the first PERIOD shall not exceed the funding amount specified on the Face Page hereof. Funding
for each subsequent PERIOD, if any, shall not exceed the amount specified in the appropriate appendix for that
PERIOD.
C. This AGREEMENT incorporates the Face Page attached and all of the marked appendices identified on the Face
Page hereof.
D. For each succeeding PERIOD of this AGREEMENT, the parties shall prepare new appendices, to the extent that
any require modification, and a Modification Agreement (the attached Appendix X is the blank form to be used).
Any terms of this AGREEMENT not modified shall remain in effect for each PERIOD of the AGREEMENT.
To modify the AGREEMENT within an existing PERIOD, the parties shall revise or complete the appropriate
appendix form(s). Any change in the amount of consideration to be paid, or change in the term, is subject to the
approval of the Office of the State Comptroller. Any other modifications shall be processed in accordance with
agency guidelines as stated in Appendix Al.
E. The CONTRACTOR shall perform all services to the satisfaction of the STATE. The CONTRACTOR shall
provide services and meet the program objectives summarized in the Program Work Plan (Appendix D) in
accordance with: provisions of this AGREEMENT; relevant laws, rules and regulations, administrative and fiscal
guidelines; and where applicable, operating certificates for facilities or licenses for an activity or program.
F. If the CONTRACTOR enters into subcontracts for thc performance of work pursuant to this AGREEMENT, the
CONTRACTOR shall take full responsibility for the acts and omissions of its subcontractors. Nothing in thc
subcontract shall impair the rights of the STATE under this AGREEMENT. No contractual relationship shall be
deemed to exist between the subcontractor and the STATE.
G. Appendix A. (Standard Clauses as required by the Attorney General for all State contracts) takes precedence over
all other parts of this AGREEMENT.
1I. Payment and Reporting
A. The CONTRACTOR, to be eligible for payment, shall submit to the STATE's designated payment office
(identified in Appendix C) any appropriate documentation as required by the Payment and Reporting Schedule
(Appendix C) and by agency fiscal guidelines, in a manner acceptable to the STATE.
B. The STATE shall make payments and any reconciliations in accordance with the Payment and Reporting
Schedule (Appendix C). The STATE shall pay the CONTRACTOR, in consideration of contract services for a given
PERIOD, a sum not to exceed the amount noted on the Face Page hereof or in the respective Appendix designating
the payment amount for that given PERIOD. This sum shall not duplicate reimbursement from other soumes for
CONTRACTOR costs and services provided pursuant to this AGREEMENT.
C. The CONTRACTOR shall meet the audit requirements specified by the STATE.
III. Terminations
A. This AGREEMENT may be terminated at any time upon mutual written consent of the STATE and the
CONTRACTOR.
B. The STATE may temfinate this AGREEMENT immediately, upon written notice of termination to the
CONTRACTOR, if the CONTRACTOR fails to comply with the terms and conditions of this AGREEMENT and/or
with any laws, rules, regulations, policies or procedures affecting this AGREEMENT.
C. The STATE may also terminate this AGREEMENT for any reason in accordance with provisions set forth in
Appendix Al.
D. Written notice of termination, where required, shall be sent by personal messenger service or by certified mail,
return receipt requested. The termination shall be effective in accordance with terms of the notice.
E. Upon receipt of notice of termination, the CONTRACTOR agrees to cancel, prior to the effective date of any
prospective termination, as many outstanding obligations as possible, and agrees not to incur any new obligations
after receipt of the notice without approval by the STATE.
F. The STATE shall be responsible for payment on claims pursuant to services provided and costs incurred pursuant
to terms of this AGREEMENT. In no event shall the STATE be liable for expenses and obligations arising from the
program(s) in this AGREEMENT after the termination date.
IV. Indemnification
A. The CONTRACTOR shall be solely responsible and answerable in damages for any and all accidents and/or
injuries to persons (including death) or property arising out of or related to the services to be rendered by the
CONTRACTOR or its subcontractors pursuant to this AGREEMENT. The CONTRACTOR shall indenmify and
hold harmless the STATE and its officers and employees from claims, suits, actions, damages and costs of every
nature arising out of the provision of services pursuant to this AGREEMENT.
B. The CONTRACTOR is an independent contractor and may neither hold itself out nor claim to be an officer,
employee or subdivision of the STATE nor make any claim, demand or application to or for any right based upon any
different status.
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V. Property
Any equipment, furniture, supplies or other property purchased pursuant to this AGREEMENT is deemed to be the
property of the STATE except as may otherwise be governed by Federal or State laws, rules or regulations, or as
stated in Appendix Al.
VI. Safeguards for Services and Confidentiality
A. Services performed pursuant to this AGREEMENT are secular in nature and shall be performed in a manner that
does not discriminate on the basis of religious belief, or promote or discourage adherence to religion in general or
particular religious beliefs.
B. Funds provided pursuant to this AGREEMENT shall not be used for any partisan political activity, or for
activities that may influence legislation or the election or defeat of any candidate for public office.
C. Information relating to individuals who may receive services pursuant to this AGREEMENT shall be maintained
and used only for the purposes intended under this Agreement and in conformity with applicable provisions of laws
and regulations, or specified in Appendix Al.
APPENDIX A
STANDARD CLAUSES FOR NYS CONTRACTS
Thc parties to the attached contract, license, lease, amendment or
other agreement of any kind (hereinafter, "the contract" or "this
contract") agree to be bound by the following clauses which are
hereby made a part of the contract (the word "Contractor" herein
refers to any party other than the State, whether a contractor,
licenser, licensee, lessor, lessee or any other party):
I. 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 State's previous written consent, and attempts to do so
are null and void. Notwithstanding the foregoing, such prior
written consent of an assignment of a contract let pursuant to
Article X 1 o fthe State Finance Law may be waived at the discretion
of the contracting agency and with the concurrence of the State
Comptroller where the original contract was subject to the State
Comptroller's approval, where the assignment is due to a
reorganization, merger or consolidation of the Contractor's business
entity or enterprise. The State retains its right to approve an
assignment and to require that any Contractor demonstrate its
responsibility to do business with thc State. The Contractor may,
however, assign its right to receive payments without the State's
prior written consent unless this contract concerns Certificates of
Participation pursuant to Article 5-A of thc State Finance Law.
3. COMPTROLLER'S APPROVAL. In accordance with
Section I 12 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
$50,000 (or thc 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 $ l 0,000,
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.
Comptroller's approval of contracts let by the Office of General
Services is required when such contracts exceed $85,000 (State
Finance [.aw Section 163.6.a).
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 dur{ng thc life of this contract for
the benefit of such employees as are required to be covered by the
provisions of the Workers' Compensation Law.
5. NON-DISCRIMINATION REQUIREMENTS. To the
extent required by Article 15 of the Executive Law (also known as
the lluman 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,
sexual orientation, age, disability, genetic predisposition or carrier
status, 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, national origin, age, sex or disability: (a) discriminate
in hiring against any New York State citizen who is qualified and
available to perform the work; or (b) discriminate against or
intimidate any employee hired for the performance of work under
this contract. Contractor is subject to finesof$50.00perperson
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 employees of its subcontractors m ay 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. Additionally, effective April 28,
2008, if this is a public work contract covered by Article 8 of the
Labor Law, the Contractor understands and agrees that the filing of
payrolls in a manner consistent with Subdivision 3-a of Section 220
of the Labor Law shall be a condition precedent to payment by the
State of any State approved sums due and owing for work done
upon the project.
7. NON-COLLUSIVE BIDDING CERTIFICATION. In
accordance with Section 139-d of the State Finance Law, if this
contract was awarded based upon the submission of bids,
Contractor affirms, under penalty of perjury, that its bid was arrived
at independently and without collusion aimed at restricting
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competition. Contractor further affirms that, at the time Contractor
submitted its bid, an authorized and responsible person executed
and delivered to the State a non-collusive bidding certification on
Contractor's behalf.
8. INTERNATIONAL BOYCOTT PROHIBITION. In
accordance with Section 220-fofthe 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 1979 (50
U SC A pp. Section s 2401 et seq.) or regulations thereunder. If sue h
Contractor, or any of the aforesaid affiliates of Contractor, is
convicted or is otherwise found to have violated said laws or
regulations upon thc final determination of the United States
Commerce Department or any other appropriate agency of the
United States subsequent to the contract's execution, such contract,
amendment or modification thereto shall be rendered forfeit and
void. The Contractor shall so notify the State Comptroller within
five (5) business days of such conviction, determination or
disposition of appeal (2NYCRR 105.4).
9. SET-O FF RIGHTS. The State shall have all of its common
law, equitable and statutory rights of set-off. These rights shall
include, but not be limited to, the State's option to withhold for the
purposes of set-off any moneys due to the Contractor under this
contract up to any 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, witbout limitation, tax
delinquencies, fee delinquencies or monetary penalties relative
thereto, The State shall exercise 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 thereafter. The State Comptroller,
the Attorney General and any other person or entity authorized to
conduct an examination, as well as the agency or agencies involved
in 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: (i) the
Contractor shall timcly infurm 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.
II. IDENTIFYING INFORMATION AND PRIVACY
NOTIFICATION.
(a) FEDERAL EMPLOYER IDENTIFICATION NUMBER
and/or FEDERAL SOCIAL SECURITY NUMBER. All invoices
or New York State standard vouchers submitted for payment for the
sale of goods or services or the lease of real or personal property to
a New York State agency must include the payee's identification
number, i.e., the seller's or lessor's identification number. The
number is either the payee's Federal employer identification
number or Federal social security number, or both such numbers
when the 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 its 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 NOTIFICATION. (I) 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 authority to
maintain such information, is found in Section 5 of the State Tax
Law. Disclosure of this information by the seller or lessor to the
State is mandatory. The principal purpose for which the
information is collected is to enable 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 purchasing unit of the agency contracting to purchase the goods
or services or lease the real or personal property covered by this
contract or lease. The information is maintained in New York
State's Central Accounting System by the Director of Accounting
Operations, Office of the State Comptroller, 110 State Street,
Albany, New York 12236.
12. EQUAL EMPLOYMENT OPPORTUNITIES FOR
MINORITIES AND WOMEN. In accordance with Section 312
of the Executive Law, if this contract is: (i) a written agreement or
purchase order instrument, providing for a total expenditure in
excess of $25,000.00, whereby a contracting agency is committed
to expend or 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 acquisitio~i, construction, demolition,
replacement, major repair or renovation of real property and
improvements thereon; or (iii) a written agreement in excess of
$ 100,000.00 whereby the owner of a State assisted housing project
is committed to expend or does expend funds for the acquisition,
construction, demolition, replacement, major repair or renovation
of real property and improvements thereon lBr such project, then:
(a) The Contractor will not discriminate against employees or
applicants for employ~nent 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 understanding, to furnish a written statement
that such employment agency, labor union or representative will not
discriminate on the basis of race, creed, color, national origin, sex,
age, disability or marital status and that such union or
representative will 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, 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 %" 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 this
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 thc extent of such duplication or conflict.
Contractor will comply with all duly promulgated and lawful rules
and regulations of the Governor% Office of Minority and Women's
Business Development pertaining hereto.
13. CONFLICTING TERMS. In the event of a conflict
between the terms of the contract (including any and all
attachments thereto and amendments thereof) and the terms of this
Appendix A, the terms of this Appendix A shall control.
14. GOVERNING LAW. This contract shall be governed by
the laws of the State of New York except where the Federal
supremacy clause requires otherwise.
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15. LATE PAYMENT. Timeliness o fpayment and any inturest
to be paid to Contractor for late payment shall be governed by
Article I I-A of the State Finance Law to the extent required by
law.
16. NO ARBITRATION. Disputes involving this contract,
including the breach or alleged breach thereof, may not be
submitted to binding arbitration (except where statutorily
authorized), but must, instead, be heard in a court of competent
jurisdiction of the State of New York.
17. SERVICE OF PROCESS. In addition to the methods of
service allowed by the State Civil Practice Law & Rules ("CPLR"),
Contractor hereby consents to service of process upon it by
registered or certified mail, return receipt requested. Service
hereunder shall be complete upon Contractor's actual receipt of
process or upon the State's receipt of the 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. PROHIBITION 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 Section 165 of the State Finance Law, (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. Qualification for an exemption under this law will be
the responsibility of the contractor to establish to meet with the
approval of the State.
In addition, when any portion of this contract involving the use of
woods, whether supply or installation, is to be performed by any
subcontractor, the prime Contractor will indicate and certify in the
submitted bid proposal that the subcontractor has been informed
and is in compliance with specifications and provisions regarding
use of tropical hardwoods as detailed in § 165 State Finance Law.
Any such use must meet with the approval of the State; otherwise,
the bid may not be considered responsive. Under bidder
certifications, proof of qualification for exemption will be the
responsibility of the Contractor to meet with thc approval of the
State.
19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In
accordance with the MacBride Fair Employment Principles
(Chapter 807 of the Laws of 1992), the Contractor hereby stipulates
that the Contractor either (a) has no business operation s in Northern
Ireland, or (b) shall take lawful steps in good faith to conduct any
business operations in Northern Ireland in accordance with the
M acBride Fair Employment Principles (as described in Section 165
of the New York State Finance Law), and shall permit independent
monitoring of compliance with such principles.
20. OMNIBUS PROCUREMENT ACT OF 1992. It is the
policy of New York State to maximize opportunities for the
participation of New York State business enterprises, including
miuority and women-owned business enterprises as bidders,
subcontractors and suppliers on its procurement contracts.
Information on the availability of New York State subcontractors
and suppliers is available from:
NYS Department of Economic Development
Division for Small Business
30 South Pearl St -- 7th Floor
Albany, New York 12245
Telephone: 518-292-5220
Fax: 518-292-5884
http://www.empire.state.ny.us
A directory of certified minority and women-owned business
enterprises is available from:
N YS Department of Economic Development
Division of Minority and Women's Business Development
30 South Pearl St -- 2nd Floor
Albany, New York 12245
Telephone: 518-292-5250
Fax: 518-292-5803
http://www.empire.state.ny.us
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 than $ I million:
A-4
performed outside New York State, the Omnibus Procurement Act
1994 and 2000 amendments (Chapter 684 and Chapter 383,
respectively) require that they be denied contracts which they
would otherwise obtain. NOTE: As of May 15, 2002, the list of
discriminatory jurisdictions subject to this provision includes the
states of South Carolina, Alaska, West Virginia, Wyoming,
Louisiana and Hawaii. Contact NYS Department of Economic
Development for a current list of jurisdictions subject to this
provision.
22. COMPLIANCE WITH NEW YORK STATE
INFORMATION SECURITY BREACH AND
NOTIFICATION ACT. Contractor shall comply with the
provisions of the New York State Information Security Breach and
Notification Act (General Business Law Section 899-aa; State
Technology Law Section 208).
23. COMPLIANCE WITH CONSULTANT DISCLOSURE
LAW. If this is a contract for consulting services, defined for
purposes of this requirement to include analysis, evaluation,
research, training, data processing, computer programming,
engineering, environmental, health, and mental health services,
accounting, auditing, paralegal, legal or similar services, then, in
accordance with Section 163 (4-g) of the State Finance Law (as
amended by Chapter 10 of the Laws of 2006), the Contractor shall
timely, accurately and properly comply with the requirement to
submit an annual employment report for the contract to the agency
that awarded the contract, the Department of Civil Service and the
State Comptroller.
(a) The Contractor has made reasonable efforts to encourage the
participation of New York State Business Enterprises as suppliers
and subcontractors, including certified minority and women-owned
business enterprises, on this project, and has retained the
documentation of these efforts to be provided upon request to the
State;
(b) The Contractor has complied with the Federal Equal
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 country, nation, province, state or political
subdivision that penalizes New York State vendors, and if the
goods or services they offer will be substantially produced or
24. PROCUREMENT LOBBYING. To the extent this
agreement is a "procurement contract" as defined by State Finance
Law Sections 139-j and 139-k, by signing this agreement the
contractor certifies and affirms that all disclosures made in
accordance with State Finance Law Sections 139-j and 139-k are
complete, true and accurate. In the event such certification is found
to be intentionally false or intentionally incomplete, the State may
terminate the agreement by providing written notification to the
Contractor in accordance with the terms of the agreement.
25. CERTIFICATION OF REGISTRATION TO
COLLECT SALES AND COMPENSATING USE TAX BY
CERTAIN STATE CONTRACTORS, AFFILIATES AND
SUBCONTRACTORS. To the extent this agreement is a contract
as defined by Tax Law Section 5-a, if the contractor fails to make
the certification required by Tax Law Section 5-a or if during the
term of the contract, the Department of Taxation and Finance or the
covered agency, as defined by Tax Law 5-a, discovers that the
certification, made under penalty of perjury, is false, then such
failure to file or false certification shall be a material breach of this
contract and this contract may be terminated, by providing written
notification to the Contractor in accordance with the terms of the
agreement, if the covered agency determines that such action is in
the best interest of the State.
RevVed November2010
II.
APPENDIX Al
AGENCY-SPECIFIC CLAUSES
This Agreement has been entered into pursuant to the following understandings:
A. Title 11 of the Environmental Protection Fund Act provides for State assistance to municipalities for the State
share of the cost of approved local waterfront revitalization projects as defined in the Act.
B. The Department of State (Department) is authorized by such Act to evaluate and determine eligibility of
applications for funding of projects.
Based upon information, representations and certifications contained in Contractor's application for funding,
including the Program Work Plan as set forth in Appendix D, the Department has made a determination of
eligibility of funding for Contractor's project under such Act.
State funds (Funding Amount set forth on the Face Page) for this Project (Appendix D Program Work Plan) are
provided pursuant to a reappropriation of funds originally made by Title 11 of the Environmental Protection Fund
Act.
E. The Contractor has demonstrated its ability to finance its share of the Project and has agreed to fund its portion
of thc cost of the Project.
F. The 2009 "Request for Applications" required the Applicant to budget for costs associated with training for
projects.
Where Contractor is required to attend training session(s) in Appendix D, Program Work Plan, the Contractor
agrees to participate in the designated training session(s). The Department will notify the Contractor when
training session(s) will be held. The Contractor agrees to submit payment for the required registration fee(s) in
accordance with the notification letter from the Department.
Failure of the Contractor to transmit the registration fees or attend the training session(s) will result in the
withholding of payments in the amount of the registration fee(s) and could result in this contract being
terminated. In no case should the funds allocated for training be used for any other purpose without prior
approval of the Department.
General
For the purposes of this Agreement, the terms "State" and "Department" are interchangeable, unless the context
requires otherwise. In addition, the terms "Agreement" and "Contract" are interchangeable, unless the context
requires otherwise.
B. The contract period as set forth on the Face Page is the inclusive period within which the provisions of this
Agreement shall be performed.
C. No liabilities incurred prior to the contract period will be eligible under this Agreement.
No liabilities are to be incurred beyond the contract period and no costs will be reimbursed for such liabilities
unless: 1 ) funds have been reappropriated for the Project in the subsequent State fiscal year, 2) the Department
determines that it is in the best interest of the Department and the State to provide additional time to complete
the Project and 3) an extension agreement is approved in accordance with Section IA. of the Agreement.
E. Subject to the availability of funds, determination by the Department that it is in the best interest of the State,
and upon mutual written consent of the parties, thc Initial Contract Period of this Agreement may be extended
II1.
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by up to two contract periods not to exceed twelve months each. The parties shall revise or complete the
appropriate appendix form(s), which may be subject to approval of the Office of the State Comptroller.
F. To modify any terms of this Agreement within an existing period, the parties shall revise or complete the
appropriate appendix form(s), which may be subject to approval of the Office of the State Comptroller.
The Department shall not be liable for expenses of any kind incurred in excess of the State Funds as set forth on
the Face Page, and shall not be responsible for seeking additional appropriations or other sources of funds for
the Project.
The Contractor shall perform all services to the satisfaction of the Department. The Contractor shall provide all
services and meet the program objectives described in Appendix D in accordance with: provisions of this
Agreement; relevant State, federal and local laws, rules and regulations, administrative and fiscal guidelines;
where applicable, operating certificates for facilities or licenses for an activity or program, and conditions of
applicable permits, administrative orders and judicial orders.
I. The Contractor shall submit with its request for final payment a Final Project Summary Report in the format
described in Appendix A 1, Attachment.
The Contractor agrees to proceed expeditiously with the Project and to complete the Project in accordance with
the timetable set forth in the Work Plan (Appendix D) as well as with the conditions of any applicable permits,
administrative orders, or judicial orders and this Agreement.
The Contractor shall submit a Quarterly Contractor Report (Appendix Al, Attachment 2) pursuant to the
Department's Minority and Women-owned Business Enterprises Program. In the event Contractor utilizes
Minority and Women-owned Business Enterprises as discussed in Section XVI in Appendix A l, such report shall
be provided to the Department at the address on the Quarterly Contractor Report.
The Contractor shall submit a "Project Status Report" (Appendix Al, Attachurent 3) on a six month basis for
the periods ending June 30 and December 3 I. Reports are due no later than 30 days following the end of each
reporting period.
Additional Requirements for Construction Proiects
Project design, including preparation of final plans and specifications, and supervision of construction shall be
undertaken by a qualified architect and/or engineer licensed to practice in the State of New York. The Contractor
shall submit final plans and specifications to the Department for its acceptance before initiating construction
work or, if the Contractor intends to subcontract for construction work, before the work is advertised for bidding.
No change to project plans may be made without the prior written approval of the Department. The Contractor
shall also be responsible for erecting a project sign satisfactory to the Department identifying the Project. The
project sign shall remain in place for the useful life o£the improvements undertaken pursuant to this Agreement.
Upon completion of the Project, the Contractor shall submit to the Department a proper certification from a
licensed architect or engineer.
The State shall make periodic inspections of the project both during its implementation and after its completion
to assure compliance with this Agreement. The Contractor shall allow the State unrestricted access to work
during the preparation and progress of the work, and provide for such access and inspection by the State in all
construction contracts relating to the project.
The Contractor shall be responsible for assuring that the project is designed and constructed in contbrmancc with
thc Uniform Federal Accessibility Standards (UFAS - Appendix A to 41 CRF part 101 - 19.6), thc Americans wi th
Disabilities Act Accessibility Guidelines (ADAAG - Appendix A of Title 9 NYCRR). Where there are
IV.
VI.
Al-3
discrepancies among the sets of standards with regard to a particular design/construction requirement, the one
providing for the greatest degree of accommodation for the disabled shall apply.
D. It is the Contractor's responsibility, pursuant to Section 57 of the Workers' Compensation Law, to maintain for
State audit and review either proof that they have Workers' Compensation coverage for any employees, or a
waiver statement from the New York State Department of Labor. The Contractor must also obtain from any
contractor or sub-contractor hired to provide a service pursuant to this Agreement, similar proof or waiver from
the contractor or subcontractor, and must maintain such documentation on file for audit.
Reports, Documents and Maps
The Contractor shall, where appropriate, identify documents, reports, and maps produced in whole or in part under
this Agreement by endorsing on said documents, reports, and maps the following:
"This (document, report, map, etc.) was prepared for the New York State Department of State with funds
provided under Title 11 of the Environmental Protection Fund Act."
License to use and reproduce documents and other works:
By acceptance of this Agreement, Contractor transfers to the Department a nonexclusive license to use, reproduce
in any medium, and distribute any work prepared for or in connection with the Project, including but not limited to
reports, maps, designs, plans, analysis, and documents regardless of the medium in which they are originally
produced. Contractor warrants to the Department that it has sufficient title or interest in such works to license
pursuant to this Agreement. Such warranty shall survive the termination of this agreement. Contractor agrees to
provide the original of each such work, or a copy thereof which is acceptable to the Department, to the Department
before payments shall be made under this Agreement.
Contractors Insurance Requirements
Prior to the commencement of the work, the Contractor shall file with the Department of State, Certificates of
Insurance evidencing compliance with all requirements contained in this Agreement. Such certificate shall be
of form and substance acceptable to the Department.
B. Acceptance and/or approval by the Department does not and shall not be construed to relieve Contractor ofany
obligations, responsibilities or liabilities under the Agreement.
All insurance required by the Agreement shall be obtained at the sole cost and expense of the Contractor; shall
be maintained with insurance carricrs licensed to do business in New York State; shall be primary and non-
contributing to any insurance or self insurance maintained by the Department; shall be endorsed to provide
written notice be given to the Department, at least thirty (30) days prior to the cancellation, non-renewal, or
material alteration of such policies, which notice, evidenced by return receipt of United States Certified Mail
which shall be sent to New York State Department of State, One Commerce Plaza, 99 Washington Avenue,
Albany, New York 12231-0001; and shall name the People of the State of New York and their directors officers,
agents, and employees as additional insured thereunder.
D. The Contractor shall be solely responsible for the payment ofall deductibles to which such policies are subject.
Each insurance carrier must be rated at least "A" Class "VII" in the most recently published Best's Insurance
Report. If, during the term of the policy, a carrier's rating falls below "A Class "VII", the insurance must be
replaced no later than the renewal date of the policy with an insurer acceptable to the Department and rated at
least "A" Class "VII" in thc most recently published Bcst's Insurance Report.
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F. Thc Contractor shall cause all insurance to be in full fome and effect as of the date of this Agreement and to
remain in full force and effect throughout the term of this Agreement and as further required by this Agreement.
The Contractor shall not take any action, or omit to take any action that would suspend or invalidate any of the
required coverages during the period of time such coverages are required to be in effect.
G. Not less than thirty (30) days prior to the expiration date or renewal date, the Contractor shall supply the
Department updated replacement Certificates of Insurance, and amendatory endorsements.
H. Unless the Contractor is self-insured, Contractor shall, throughout the term of the Agreement or as otherwise
required by this Agreement, obtain and maintain in full force and effect the following insurance with limits not
!ess than those described below and as required by the terms of this Agreement, or as required by law, whichever
~s greater (limits may be provided through a combination of primary and umbrella/excess policies). Where
Contractor is self-insured, the Contractor shall provide suitable evidence of such to the Department relating to
the risks and coverage amounts as provided hereunder.
Comprehensive Liability Insurance with a limit of not less than $1,000,000 each occurrence. Such liability
shall be written on the Insurance Service Office's (ISO) occurrence form CG 00 01, or a substitute form
providing equivalent coverages and shall cover liability arising from premises operations, independent
contractors, products-completed operations, broad form property damage, personal & advertising injury,
owners & contractors protective, cross liability coverage, liability assumed in a contract (including the tort
liability of another assumed in a contract) and explosion, collapse & underground coverage.
a. If such insurance contains an aggregate limit, it shall apply separately to this location.
Products and Completed Operations coverage shall include a provision that coverage will extend for a
period of at least twelve (12) months from the date of final completion and acceptance by the owner of
all of contractors work.
2. Where the Project describedin Appendix D includes the construction ofany structure or building, a Builder,s
Risk Policy until the Project is completed and accepted in the amount of the total project cost.
Workers Compensation, Employers Liability, and Disability Benefits as required by New York State.
Workers Compensation Policy shall include the U.S. Longshore & Harbor Workers' Compensation Act
endorsement.
~omprehensive Automobile Liability Insurance with a limit of not less than $1,000,000 each accident. Such
insurance shall cover liability arising out of any automobile including owned, leased, hired and non owned
automobiles.
Commercial Property Insurance covering at a minimum, the perils insured under the 1SO Special Clauses of
Loss Form (CP 10 30), or a substitute form providing equivalent coverages, for loss or damage to any owned,
borrowed, leased or rented capital equipment, tools, including tools of their agents and employees, staging
towers and forms, and property of the Department held in their care, custody and/or control.
6. An Owner's Protective Liability Policy with limits no less than $1,000,000 in the name of the Contractor.
I. Professional consultants retained by the Contractor in connection with the Project shall show evidence of
professional liability insurance with limits no less than $1 million.
VII.
Property
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Pursuant to the provisions set forth in Section V, Page 3 of this Agreement, the ownership of all property
described therein shall reside with thc Contractor unless otherwise specified in writing by the Department at any
time during the term of this Agreement and up to thirty (30) days following the issuance of the final payment.
Contractor warrants that it has fee simple or such other estate or interest in the site of the Project, where the
Project is undertaken at a site, including easements and/or rights-of-way sufficient to assure undisturbed use and
possession for the purposes of construction and operation for the estimated life of the Project. Contractor further
acknowledges that where such project is undertaken on or involves the use of lands for active or passive
recreational use, it is a material tem~ of this Agreement that such lands shall be available for such recreational
use by the People of the State of New York. Additionally, Contractor shall not limit access or discriminate on
the operation of the facilities against any person on the basis of place of residence, race, creed, color, national
origin, sex, age, disability or marital status.
VIII. Date/Time Warranty
IX.
Contractor warrants that product(s) furnished pursuant to this contract shall, when used in accordance with the
product documentation, be able to accurately process date/time data (including, but not limited to, calculating,
comparing, and sequencing) transitions, including leap year calculations. Where a Contractor proposes or an
acquisition requires that specific products must perform as a package or system, this warranty shall apply to the
products as a system.
Where Contractor is providing ongoing services, including but not limited to: i) consulting, integration, code
or d~ta conversion, ii) maintenance or support services, iii) data entry or processing, or iv) contract administration
services (e.g. billing, invoicing, claim processing), Contractor warrants that services shall be provided in an
accurate and timely manner without interruption, failure or error due to the inaccuracy of Contractor's business
operations in processing date/time data (including, but not limited to, calculating, comparing, and sequencing)
various date/time transitions, including leap year calculations. Contractor shall be responsible for damages
resulting from any delays, errors or untimely performance resulting there from, including but not limited to the
failure or untimely performance of such services.
This Date/Time Warranty shall survive beyond termination or expiration of this Contract through: a) ninety (90)
days or b) the Contractor's or Product manufacturer/developer's stated date/time warranty term, whichever is
longer. Nothing in this warranty statement shall be construed to limit any rights or remedies otherwise available
under this Contract for breach of warranty.
The Contractor may charge a reasonable fee for the use of any facility which is part of the project.
~xcept for the imposition of a differential fee schedule for non-residents of the municipality n which the project
~s located, the establishment of any preferential user fee for any person or entity is prohibited. Fees charged to
non-residents shall not exceed twice those charged to residents.
B. Where there is no charge for residents but a fee is charged to non.residents, non.resident fees cannot exceed fees
charged for residents at comparable State or local public facilities.
C. Reservation, membership or annual permit systems available to residents must also be available to non_residents
and the period of availability must be the same for both residents and non-residents.
D. This provision does not apply to non-residents' fishing and hunting license fees.
X1.
Al-6
Alienation
Where the project is undertaken on or involves parklands or public waterfront land, the following additional
provisions apply:
The Contractor shall not at any time sell or convey any facility or any portion of the project acquired or
developed pursuant to this Agreement or convert such facility or any portion of the project to other than public
park or public waterfront purposes without the express authority of an act of the Legislature, which shall provide
for the substitution of other lands of equal fair market value and reasonably equivalent usefulness and location
to those to be discontinued, sold or disposed of, and such other requirements as shall be approved by State.
The Contractor agrees to own a property interest sufficient to maintain and operate the project in perpetuity.
The Contractor shall not authorize the operation of the project, or any portion thereof, by any other person, entity,
or organization pursuant to any management agreement, lease or other arrangement without first obtaining the
written approval of the State.
Subcontracting Requirements
A. The Contractor may subcontract for all or any portion of the activities covered by this Agreement as provided
for in Appendix D, subject to prior written approval by the Department of any subcontractor and the terms of any
subcontract. Subcontractors shall comply with all applicable requirements of the Agreement between the
Contractor and the State.
XII. Compliance with Procurement Requiremems
All contracts by municipalities for service, labor, and construction involving not more than $35,000 and goods
and equipment involving not more than $10,000 are subject to the requirements of General Municipal Law § 104-
b, which requires such contracts to comply with the procurement policies and procedures of the municipality
involved. All such contracts shall be awarded after and in accordance with such municipal procedures, subject
to any additional requirements imposed by the State as set forth in Appendix D hereofi
The municipal attorney, chief legal officer or financial administrator of the Contractor shall certify to the
Department of State that applicable public bidding procedures of General Municipal Law § 103 were followed
for all service, labor, and construction contracts involving more than $35,000 and all goods and equipment
contracts involving more than $10,000. In the case of contracts by municipalities for service, labor, and
construction involving not more than $35,000 and goods and equipment contracts involving not more than
$10,000, the municipal attorney, chief legal officer or financial administrator shall certify that the procedures of
the municipality established pursuant to General Municipal Law § 104-b were fully complied with.
All contracts by non-municipal entities such as a community-based organization, shall have its chief legal officer
or financial administrator certify to the State that alternative proposals and quotations for professional services
were secured by use of written requests for proposals through a publicly advertised process to ensure the prudent
and economical use of public funds for professional services of maximum quality at reasonable cost.
XIII. Requirements for Contract GIS Products (2/04)
A. GENERAL MAP PRODUCT REQUIREMENTS The following general cartographic requirements must be
adhered to by the Contractor:
Map Products -- The Department requires delivery of digital map products, unless otherwise specified in the
Request for Proposal (RFP), that meet the specifications outlined in this GENERAL MAP PRODUCT
REQUIREMENTS section and the ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS
section. If analog map products are required by the RFP, they must meet specifications outlined in this
Al-7
GENERAL MAP PRODUCT REQUIREMENTS section and the ADDITIONAL DIGITAL-READY MAP
PRODUCT REQUIREMENTS section.
Deliverable Format -- All digital map and attribute table files must be provided in Map[nfo Tab file format
on Recordable CD or DVD, 3.5" floppy diskette media, external hard drive, via e-mail attachment
(preferably in a WinZIP file) or downloadable from an ftp site on the Intemet. Alternatively, the digital
products may be provided in Arclnfo/GIS export format (.e00) or ArcView shape file format on the same
media types upon approval of the Department. All other digital formats require prior approval of the
Department. Coordination with the Department prior lo submission of digital media is required to ensure
compatibility of the delivered materials.
Documentation -- A data dictionary must be included along with the map files describing file contents and
file names, as well as metadata for each file including map projection, horizontal and vertical datums used,
coordinate system, RMS accuracy and log sheet, information soumes and dates, the map maker and date of
preparation, and creation methodology. Data provided under federal funds must be provided in a manner
which meets Digital Geospatial Federal Geographic Data Committee Metadata Standard as executed by
Executive Order 12906, April 11, 1994, "Coordinating Geographic Data Acquisition and Access: the
National Spatial Data Infrastructure".
4. Map Accuracy -- Unless otherwise stated in the RFP, all deliverable map products must conform to National
Map Accuracy Standards for horizontal and vertical accuracy as established by the United States Bureau of
the Budget, June 10, 1941, revised June 17, 1947. For example, for maps at 1:20,000 or smaller, not more
than 10% of the well-defined map points tested must be more than 1/50 inch (0.508 mm) out of correct
position. At l:24,000, this tolerance translates to a required horizontal accuracy of 40 feet. If by prior
agreement with the Department the map product does not conform to National Map Accuracy Standards, then
a statement of actual map accuracy should be included in the Documentation above. Furthermore,
hydrographic surveys and maps should conform to recommended accuracy standard proposed in the joint
USGS, NOS, Coastal Mapping Handbook, 1978, Melvin Ellis editor, U.S. Government Printing Office,
Appendix 6.
5. Datums -- Unless otherwise specified in the RFP, all map products should be referenced to the North
American Horizontal Datum of 1983 (NAD83) and the National Geodetic Vertical Datum of 1988
(NGVD88).
B. ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS -- The following cartographic
construction requirements must be adhered to by the Contractor:
1. Edge-matching -- All map sheets must be both visually and coordinate edge-matched with adjacent map
sheets. No edge-match tolerance will be allowed. Attributes for splitable features must also be identical.
2. Common Boundaries -- All features that share a common boundary, regardless of map layer, must have
exactly the same coordinate position of that feature in all common layers.
Point Duplication -- No duplication of points that occur within a data string is permitted.
Connectivity -- Where graphic elements visually meet, they must also digitally meet. All confluences of line
and polygon data must be exact; "overshoots", "undershoots", "slivers", or "offshoots" are NOT permitted.
Line Quality -- A high quality cartographic appearance must be achieved. Transitions from straight lines to
curvilincar elements must be smooth, with angular inflections at the point of intersection. The digital
representation must not contain extraneous data at a non visible level. There should be no jags, hooks, or
zero length segments. Any lines that are straight, or should be straight, should be digitized using only two
points that represent the beginning and ending points of the line.
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Polygon Closure -- For area features being digitized, the last coordinate pair must be exactly
(mathematically) equal to the first coordinate pair. No line or polygon must cross itself except to join at an
actual confluence. All digitized features across map boundaries must be edited to effect smooth and
continuous lines.
7. Graphic Precision ~- Positional coordinates for all digital graphic elements should not be reported to a level
of precision greater than one thousandth (.001) of a foot.
8. Digitizer Accuracy -- The required RMS error for digitizer accuracy must be 0.003 or better for digital map
registration.
ADDITIONAL DIGITAL-READY MAP PRODUCT REQUIREMENTS The following requirements for
large scale, non-digital map products must be followed to facilitate the future conversion of the maps to digital
map products. All large format, non-digital map products must be provided on stable base material at a scale
stipulated in the RFP. The map products must include an index map to all map sheets and thorough descriptions
of all the cartographic elements portrayed on the maps.
1. Base Map Media -- All maps must be created on mylar or other stable base material.
2. Map Scale -- All maps of a similar series should be created using the same base scale. Unless otherwise
stated by the Department, all maps should be compiled at 1:24,000. If other map scales am approved by the
Department, where possible they will conform to standard map scales such as 1:9600; 1:50,000; 1:75,000;
or 1:100,000.
3. Map Registration -- The maps must provide a minimum of four (4) corner and four (4) interior ticks tied to
USGS/N YSDOT quadrangle LaffLong or NYTM coordinates. The maps must be geometrically correct and
should register when overlaid on the appropriate USGS/NYSDOT quadrangle control ticks.
Map Title and Legend -- The maps must provide a title and legend block describing the information
contained on the maps, and including the Documentation and Datums information requested in the
GENERAL MAP PRODUCT REQUIREMENTS above and the map scale.
Cartographic Quality -- The quality of all map line work and symbolization must conform to items 1 - 6 in
the map criteria set forth in the ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS
section outlined above.
D. CONTRACT DATABASE STANDARDS
1. Delivery Media All database and tabular files must be provided on digital media as specified above in
Deliverable Format.
Soflware Format Database and tabular files can be provided in Corel Quattro, Microsoft Excel or Microsoft
Access format. Other formats that are convertible to one of the aforementioned formats may be used with
prior approval of the Department.
3. Geographic Attributes -- Database and tabular files that contain elements with a geographic reference must
provide a corresponding data field and a geographic coordinate pair for each feature location.
XIV. Payment and Records Retention
A. Pay~nents shall be made as set fortb in Appendix C.
B. The Contractor shall maintain, at its principal place ofbusiness, detailed books and accounting records supported
by original documentation relating to thc incurring of all expenditures, as well as payments made pursuant to this
Al-9
Agreement. The Contractor shall make such records available for review by the Department upon request at any
time. The Department shall have the right to conduct progress assessments and review books and records as
necessary. The Department shall have the right to conduct an on-site review of the Project and/or books and
records of the Contractor prior to, and for a reasonable time following, issuance of the final payment. The
Department shall be entitled to disallow any cost or expense, and/or terminate or suspend this Agreement, if the
Contractor has misrepresented any expenditures or Project activities in its application to the Department, or in
this Agreement, or in any progress reports or payment requests made pursuant hereto. The Contractor shall
maintain such books and accounting records in a manner so that reports can be produced therefrom in accordance
with generally accepted accounting principles. The Contractor shall maintain separate fiscal books and records
for all funds received through the Department pursuant to this Agreement.
During the term of this Agreement and for a period of six years after its termination, the Contractor shall make
all such books and records available to the Department and the Office of the State Comptroller, or their
designated representatives, for inspection and audit.
XV. Equal Employment Opportunity
The Contractor hereby assures that it is, and shall be for the duration of this Agreement, in compliance with the
Federal Equal Employment Opportunity Act of 1972 (Public Law 92-261), as amended.
XVI. Article 15-A of The New York State Executive Law
The Department of State administers a Minority and Women-owned Business Enterprises (MWBE) Program as
mandated by Article 15-A of the New York State Executive Law. This law supemedes any other provision in state
law authorizing or requiring an equal employment opportunity program or a program for securing participation by
minority and women-owned business enterprises. Under this law, all state agencies must, subject to certain
exceptions, establish goals for minority and women-owned business participation in certain state contracts and grants.
Where MWBE goals are required, even in circumstances where this goal is zero, a Quarterly Contractor Report is
required to he submitted to the Minority and Women-owned Business Program of the Department on forms provided
by the Department, as set forth in Appendix A 1, Attachment 2.
Article 15-A requires that roles and regulations be established for contracts entered into by the Department. In
accordance with Article 15-A, goals must be set for contracts entered into by the Department in excess of $25,000
for labor, services, supplies, equipment, and materials, or any combination of the foregoing, and for contracts entered
into by the Department in excess of $100,000 for acquisition, construction, demolition, replacement, major repair,
renovation or improvement of real property. In applying these roles and regulations, the Department must consider
the availability of certified minority and women-owned businesses in the region in which the state contract will be
performed, the total dollar value of the contract, the scope of work to be performed, and the project size and term.
The contractor will, when required as a part of the bid or proposal, submit a Staffing Plan on the form provided by
the Department. This Plan will detail the work rome anticipated in the performance of the state contract, reported
by ethnic background, gender, and Federal Occupational Categories.
After a bid opening and prior to the award of a state contract, the contractor will submit an Equal Employment
Opportunity (EEO) Policy Statement to the Department within the time frame established by the Department. The
law requires that, as a precondition to entering into a valid and binding state contract, the contractor will agree to the
following stipulations and will include them in the EEO Policy Statement:
The contractor will not discriminate against any employee or applicant for employment because of race,
creed, color, national origin, sex, age, disability or marital status.
Thc contractor will undertake or continue existing programs of affirmative action to ensure that minority
group members and women are afforded equal employment opportunities without discrimination because
Al- 10
of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, affirmative
action applies in areas of recruitment, employment, job assignment, promotion, upgrading, demotion,
transfer, layoff, or termination and rates of pay or other forms of compensation.
The contractor will make active and conscientious efforts to employ and to utilize minority group members
and women at all levels and in all segments of its work force on state contracts, and the contractor will
document these ef~brts.
The contractor will state in all solicitations and advertisements for employees that, in the performance of the
state contract, all qualified applicants will be afforded equal employment opportunities without
discrimination because of race, creed, color, national origin, sex, age, disability or marital status.
The contractor will, at the request of the Department, request each employment agency, labor union, or
authorized representative of workers with which it has a collective bargaining or other agreement or
understanding, to furnish a written statement that such employment agency, labor union, or representative
will not discriminate because of race, creed, color, national origin, sex, age, disability or marital status, and
that such union or representative will affirmatively cooperate in the implementation of the contractor's
obligations herein.
The contractor will include the provisions regarding the EEO Policy Statement and the Staffing Plan
enumerated above in each and every subcontract ora state contract in such a manner that the subcontractor
is bound by these requirements.
Failure to provide an EEO Policy Statement and a Staffing Plan without reasonable written justification or
commitment to provide these requirements by a specified date will result in rejection of the contractor's bid
or proposal.
After the award of a state contract, the contractor will submit to the Department a Workforce Employment
Utilization Report, on the form supplied by the Department, detailing the work force actually utilized on the
state contract, by ethnic background, gender and Federal Occupational Categories, as specified on the form.
This Report will be submitted to the Department on a quarterly basis throughout the life of the contract.
The contractor, and any of its subcontractors, may be required to submit compliance reports relating to their
operations and implementation of their affirmative action or equal employment opportunity program in effect
as of the date the state contract is executed.
Questions regarding this program should be directed to the Department's Minority and Women-owned Business
Program by calling (518) 474-5741. Potential contractors can access the NYS Directory of Certified Minority and
Women-owned Business Enterprises on-line through the Empire State Development website at:
http://www.empire.state.ny.us and click on NY ~2 BIZ. From the list on the top left of the page, click on Small and
Growing Business and, from that drop~town menu, click on: Minority and Women-Owned Business. On the top of
the page click on the heading "MWBE Directory."
The Department makes no representation with respect to the availability or capability of any business listed in the
Directory.
XVII. Notice of Public Proceedings
The Contractor agrees to provide the Department with prompt and timely written notice at least two weeks in advance
of all public proceedings, including, but not limited to; public meetings or hearings, relating to the Project.
XVIII. Submission of all correspondence and documentation
Al-Il
A. Unless otherwise stated in Appendix D, the Contractor agrees to provide the Department with the required
products in the following formats. All products and shall include the NYS Comptroller's g as indicated on the
Face Page of this Agreement and where applicable, reflect the Task # it relates to in the Appendix D.
1. Draft products: two paper copies of each product must be submitted.
2. Final products: two paper copies of each product must be submitted. In addition all final products
(including reports, designs, maps, drawings, and plans) must be submitted as an electronic copy (in Adobe®
Acrobat® Portable Document Format - PDF), created using 300 dpi scanning resolution, and be submitted
on a labeled CD-R type CD. The CD must be labeled with the contractor name, contract #, and project title.
3. Pictures and photographs must be dated and captioned with the location and a brief description of the activity
being documented.
B. Contractor agrees to provide the Department with original and one copy of payment request documentation as
described in Appendix C.
XIX. Environmental Review
A. Contractor agrees to provide the Department, in a timely manner, with all documentation, including but not
limited to, pemfit applications, environmental assessments, designs, plans, studies, environmental impact
statements, findings, and determinations, relating to the Project.
B. Contractor acknowledges that compliance with the State Environmental Quality Review Act is a material term
and condition of this Agreement. In no event shall any payments be made under this Agreement until Contractor
has provided Department with appropriate documentation that contractor has met any requirements imposed on
Contractor by the State Environmental Quality Review Act.
XX. Default and Termination
A. The Department may tarminate the Agreement in accordance with the terms and conditions in Section iii of the
Agreement.
In addition to whatever other reserved rights it has to terminate the Agreement, the Department may terminate
the Agreement when it is in thc best interests of the State or (l) for cause, (2) for convenience, or (3) due to
unavailability of funds.
If the Department determines the Contractor has breached a term of the Agreement and if the Department
determines the defect can be remedied, it may issue a written notice providing the Contractor with a minimum
of 30 days to correct the defect and the notice may include a prospective termination date. If the Contractor fails
to correct the defect or fails to make a good faith effort to do so as determined by the Department to the
Department's satisfaction, the Department may terminate the Agreement for cause.
The Department shall also have the right to postpone or suspend the Agreement or deem it abandoned without
this action being a breach of the Agreement. The Department shall provide written notice to the Contractor
indicating the Agreement has been postponed, suspended or abandoned. During any postponement, suspension
or abandonment the Contractor agrees not to do any work under the Agreement without prior written approval
of the Department.
In the event the Agreement is postponed, suspended, abandoned or terminated, the Department shall make a
settlement with the Contractor upon an equitable basis in good faith and under the general compensation
principles and rates established in thc Agreement by the Department. This settlement shall fix the value of the
work which was performed by the Contractor to the Department's satisfaction prior to the postponement,
suspension, abandonment or termination of the Agreement.
F. Any funds paid to the Contractor by the Department which are not expended under the terms of the Agreement
shall be repaid to the Department.
XX1. Fully-Executed Agreement or Amendment Thereto
Al- ]2
A. If this Agreement, or amendments thereto, allocates funds totaling $50,000 or less, it shall be deemed to be fully
executed when approved and signed by the Contractor and the Department.
B. If this Agreement, or amendments thereto, allocates funds totaling more than $50,000, it shall be deemed to be
fully executed when approved by the Office of the State Comptroller.
A1 - Attachment I
FINAL PROJECT SUMMARY REPORT
Final payment of the grant is dependent upon the satisfactory completion and acceptance by the Department of State, Office of Coastal.
Local Government and Community SustainabilitV of this FINAL PROJECT SUMMARY REPORT along with the requisite documentation. In
addition to the other requirements of the contract, the grant recipient is responsible to relay the importance, the significance and the
value of the completed project to the community, the region and the state through the completion of the report.
The following outline should be used to complete the FINAL PROJECT SUMMARY REPOR1:
I. Project Title:
2. Name of Municipality:
Actual Project Costs:
a. State funds expended (identify source, eg. EPF, Clean Water/Clean Air
Bond Act, etc.):
b. Local funds expended:
c. Other funds expended:
Title:
Mailing address:
Tel. number:
Fax number:
E-mail address:
5. Federal Tax Identification Number:
Project Background (briefly explain in a short paragraph why this project was necessary, what its value is and/or its importance to the
community):
7. Project Work (bricflydescribe the work that was done to complete the project):
Project Descriptions (use the following guidelines to describe the project and please be concise in the description):
a. For a Planning Project describe the findings or recommended strategies.
b. For a Design Project describe what is to be built.
c. For a Construction Project describe what was built.
9. Project Measurable Results: To be completed on forms attached.
I 0. ProJect Documentation: The Department ofState~ O[]~ce o[Coastal, Local Government and Community Sustainabilitv requires a visual
documentation of the Environmental Protection Fund projects. Project products should be visually documented using a 35mm camera
or a digital camera. The 35mm color slides and/or digital camera disc should be labeled and dated when submitted along with the
completed FINAE PROJECI SUMMARY REPORr.
Visuals should illustrate the final project product and, as appropriate, activities undertaken to complete the project. For example, some
projects would call for visuals that include photographs of volunteers participating in a wetland restoration project (planting Spartina);
photographs of historical signs markers, kiosks, etc. being placed: or photographs of an artist's rendering ora waterfront design.
Design, planning, and construction projects call for different visual documentation. Therefore, the following guidelines are suggested:
ffi For design projects, visuals of renderings and/or graphics that depict the final product.
[] For planning projects, visuals of any graphics, where appropriate, that illustrate the final product.
[] For construction projects, visuals of work in progress and thc finished project.
In addition to tire 35mm color slides/digital camera disc, a video (vhs lbrmat) of the project with a verbal description is desirable but not
mandatory, lhe video may be used in a future documentary.
NYS Department of State · Minority and Women-owned Business Enterprises Program
99 Washington Avenue Albany NY 12231-0001 · (518) 474-5741
A1 - Attachment 2
Minority and Women-owned Business Enterprises (MWBE) Program
Quarterly Contractor Report
INSTRIJCTIONSi
I. Please prepare reports based on calendar quarters, or prepare one annual report.
2. Use a separate Report sheet for each contract or program area
3. Record the amount paid for each service/product for the time period identified below.
4. Send completed reports to the Minority and Women-owned Business Enterprises Program at the above address.
REPORT PERIOD
Report should cover a calendar quarter OR the program year. FROM: TO:
Enter the inclusive dates of the quarter or for the program year. ~' -' ~'
CONTRACTOR NAME PROGRAM DOS CONTRACT NUMBER
CONTRACTOR ADDRESS Service Area of Contract Work
( )
NAME and TITLE of CONTACT PERSON (Please Print) TELEPHONE NUMBER
TYPE of DESCRIPTION of AMOUNT PAID
VENDOR NAME and ADDRESS VENDOR SERVICE/PRODUCT THIS PERIOD COMMENTS
Cl MBE $
Cl WBE
[3 MBE
[2 WBE
[3 MBE
[3 WBE
[] MBE
rn WBE
~ MBE
r2 WBE
[3 MBE
r3 WBE
12 MBE
~ WBE
[3 MBE
r2 WBE
[3 MBE
[3 WBE
PAGE I of
Project Status Form
RECIPIENT
PROJECT TITLE
CONTRACT #
Al ~ Attachment 3
Status Report Date:
Task Brief Task Date of Percent of
# Description A/T Completion Completion
Task Accomplishments
Product
.Submitted
to DOS
ADJUSTMENTS - Please indicate proposed adjustment(s) to work program/schedule, reason(s) for the proposed
adjustment(s), and any other problems encountered during this reporting period:
Person to contact if we havc questions about tho information provided on this form:
Name: Email Address:
Title: Affiliation:
Phone: Fax:
Attachment 4
Certification to New York State Department of State that all State and Local and Private Procurement
Requirements Have Been Met
(Check the paragraph that applies)
I hereby certify that 1 am the municipal attorney, chief legal officer or financial administrator for the
and that the contract/procurement with
........................... appended hereto pursuant in whole or in part to NYS
Department of State Contract No. _ ......... was awarded in accordance all requirements of law and the following provisions:
For Municipal Entities (except NYC or with Borough):
..... Applicable public bidding procedures of General Municipal Law §103 relating to the procurement for service, labor,
and/or construction involving more than $35,000 or goods and equipment involving more than $20,000.
__ Procedures established by this municipality pursuant to the General Municipal Law § 104-b relating to the
procurement for service, labor, and/or construction involving not more than $35,000 or goods and equipment
involving not more than $20,000.
Procedures established pursuant to General Municipal Law Section 104-b relating to the procurement for
professional services.
2. For New York City or Borough:
Applicable public bidding procedures of General Municipal Law § 103 and regulations of the Procurement Policy
Board relating to the procurement for service, labor, and/or construction involving more than $35,000 or goods and
equipment involving more than $20,000.
Procedures established by the municipality pursuant to the General Municipal Law {} 104-b and regulations of the
Procurement Policy Board relating to the procurement for service, labor, and/or construction involving not more than
$35,000 or goods and equipment involving not more than $20,000.
Procedures established pursuant to General Municipal Law Section 104-b relating to the procurement for
professional services.
Not-for-Profit Organization or other entities not listed above are first subject to all requirements of law, including the NYS
Not-for-Profit Corporation Law, the organization's bylaws, and:
a tBrmal competitive process to secure professional services involving not more than $35,000 was used to solicit
price quotes from no less than three qualified vendors to ensure the prudent and economical use of public funds to
obtain maximum quality at reasonable cost; or
a formal competitive process to secure professional services involving more than $35,000 was used to solicit price
proposals and quotations, through use of written request(s) for proposals through a publicly advertised process, to
ensure thc prudent and economical use of public funds to obtain maximum quality at reasonable cost; or
a method of procurement that was previously reviewed and approved by the Department of State, which l~.rthers the
purpose of this contract.
Title:
Attached - Executed Contract between Contractor and Subcontractor
APPENDIX B
BUDGET SUMMARY
A. Salaries & Wages (including Fringe Benefits)
B. Travel
C. Supplies/Materials
D. Equipment
E. Contractual Services
F. Other
$221,536.03
$500.00
$239,776.88
$0.00
$5,OOO.OO
$215,187.09
TOTAL PROJECT COST
Total State Funds
Total Local Share
$682,000.00
$341,000.00
$341,000.00
B-2
Appendix B (Budget Detail Sheet)
A. SALARIES & WAGES
TITLE ANNUAL AMOUNT
SALARY CHARGED TO THIS
PROJECT
LWRP Coordinator/Planner $89,180.00 $26,987.24
GIS Manager $98,098.00 $26,987.24
Engineer $82,118.00 $50,000.00
Environmental Technician $83,545.00 $15,000.00
Planning Director $123,050.00 $10,000.00
Community Development Director $ 124,912.00 $12,000.00
Crew Leader (1) $33.64/hr $ t 8,225.80
Heavy Equipment Operator (3) $30.02/hr $37,369.08
Auto Equipment Operator (2) $24.32/hr $22,966.67
Secretary Assistant $64,795.00 $2,000.00
SUBTOTAL $221,536.03
B. TRAVEL
Travel to NYS Community Seminar Series training sessions
SUBTOTAL $500.00
C. SUPPLIES/MATERIALS
Supplies and ~natcrials needed for construction and installation of BMP's:
Surface materials, such as filter cloth, asphalt, rip rap, concrete, cements, sand,
cap block, brick, gravel, stone blend, topsoil, geotextiles .......................... $167,616.87
Stormwater infrastructure materials, such as catch basin, drainage ring, concrete
traffic bearing slab, cast iron inlet grate & frame, drainage pipe ...................... $72,160.01
SUBTOTAL $239,776.88
B-3
Appendix B (Budget Detail Sheet Continued)
D. EQUIPMENT
SUBTOTAL $0.00
E. CONTRACTUAL SERV1CES
Professional surveying services
SUBTOTAL $5,000.00
F. OTHER
Registration for NYS Community Seminar Series training sessions
(Registration fee $125 per person per session) ...................................... $500.00
Disposal fees for waste materials such as brush, limbs, and stumps, asphalt, construction
and demolition material associated with site preparation and best management practices
construction ............................................................... $7,250.01
Use of Town equipment for the construction of best management practices to capture
and treat stormwater runoff. ................................................. $207,437.08
Note: Equipment usage rates shouM be reasonable and valued at the established rates of the
grantee, NYS DOT or FEMA.
SUBTOTAL $215,187.09
II.
A.
APPENDIX C
PAYMENT AND REPORTING SCHEDULE
Payment Schedule
The Department shall make interim payments for eligible costs incurred up to an amount not to cxcced 90% of
the State Share Funding Amount. The final payment will be made upon satisfactory completion of the Project.
Not mom frequently than once every 30 days, a properly executed payment request, on forms as prescribed by thc
Department documenting total project costs incurred to date, may be submitted.
Payment provided above shall be made to the Contractor upon the submission by the Contractor of
properly executed payment request. Such request shall contain the following: (1) "Summary Sheet
Documentation Forms" as provided by the Department, for reimbursement of actual and eligible
expenditures, (2) the required work products, and (3) a properly executed State Voucher.
Payment requests will be reviewed in accordance with the terms and conditions of this Agreement to
determine total allowable project costs incurred and the number and percentage of allowable project
tasks completed to date. For the purpose of determining the level of reimbursement, otherwise allowable
project costs may be reduced if the percentage of task completion is deemed insufficient.
Total allowable project costs, adjusted pursuant to 2. above, will be prorated between State Share and
Local Share costs in the same proportions as Total State Share is to Total Local Sham as set forth on the
Face Page.
4. Interim payments will be issued in amounts equal to the State Funds calculated in 3. above.
The final payment will be issued upon receipt and approval of a payment request marked "FINAL"
documenting all project costs incurred and tasks completed and submission of the Final Project Summary
Report. Such final payment request shall be submitted within 60 days following the ending date of this
Agreement.
Reporting
Payment requests as described in I.B. above shall bc certified by a duly authorized representative of the
Contractor as accurately representing such accomplishments and expenses as recorded in the Contractor's
accounting records, including, where goods or services are provided by third parties not party to this Agreement,
a certification that any payment obligations arising from the provision of such goods or services have been paid
by the Contractor and do not duplicate reimbursement or costs and services received from other sources.
Notwithstanding the above requirements, upon written notification by the Department, the Contractor may bc
required to submit source documentation and additional verification of allowable expenditures.
Payment requests shall be submitted to:
New York State Department of State
Office of Coastal, Local Government & Community Sustainability
One Commerce Plaza - Suite 1010
Albany, New York, 12231-0001
Claimed expenditures must be in accordance with the project budget in Appendix B. Any changes to the cost
categories contained in the Budget, Appendix B, in excess of 10% will require prior approval of the
Department. If the total Contract amount is in excess of $50,000, approval will also be required by the Office of
the State Comptroller. No expenditures shall be allowed for items not set forth in the project budget.
IIL
A.
C-2
Other
Notwithstanding the submission of timely and properly executed payment requests, the Department shall be
under no obligation to make payment for expenditures incurred without the prior Department approvals and/or
amendments required under this Agreement and, further, shall have the right to withhold any such payment
pending the execution of such approval and/or amendment.
Interest income earned on funds received pursuant to this Agreement shall be used to further the purpose of this
Project or shall be deducted from total eligible cost to determine the net eligible costs to be reimbursed by the
Department.
The Department shall have the right to conduct on-site progress assessments and reviews of the Project and
Contractor's books and records during the life of this Agreement and for a reasonable time following issuance of
the final payment. The Contractor shall furnish proper facilities, where necessary or useful, for such access and
inspection.
The Department shall be entitled to disallow any cost or expense, or terminate or suspend this Agreement, if
found that the Contractor has misrepresented any expenditures or project activities in this Agreement, or in any
progress reports or payment requests made pursuant hereto.
The Contractor shall maintain separate fiscal books and records for all funds received through the Department
and project activities conducted pursuant to this Agreement, and shall make all such books and records available
to the Department, the Office of the State Comptroller, or their designated representatives for inspection and
audit for a period of six years following termination of this Agreement.
APPENDIX D
PROGRAM WORK PLAN
Contractor:
Contract Number:
Program Contact Person:
Phone:
Fax:
Town of Southold
C006880
Mark Terry
613-765-1938
613-765-6145
Hashamomuck Pond Watershed Management Plan Implementation
1. Project Description:
The NYS Department of Environmental Conservation (NYS DEC) Priority Waterbody List identifies
stormwater runoff as the primary source of pathogens entering Hashamomuck Pond. Stormwater
remcdiation is necessary to address water quality impairments, closed shellfishing waters, and threats to
Hashamomuck Pond, a designated NYS significant Coastal Fish and Wildlife Habitat located in the
Town of Southold, Suffolk County, Long Island.
The Town of Southold (Contractor) will implement specific stormwater remediation projects identified
as priorities in the "Hashamomuck Pond Watershed Management Plan" to reduce impacts for the
purposes of improving water quality, re-opening the shellfishery, and improving recreation opportunities.
Best management practices will be constructed: at Laurel Avenue, a grass cham~el, biomtention system,
dry swale, oil/grit separator; at Long Creek Drive, a grass cham~el, bioretention system and; at Bayview
Avenue, a grass channel, sediment forebay, pond restoration, and Iow-flow orfice outlet; at Bayview
Avenue, adjacent to the boat ramp at the east shoreline of the pond, stormwater capture and filtration to
prevent polluted stormwater from entering the pond.
These best management practices will be designed and constructed to treat 90% of average annual
stormwater runoff volume,~and treat constituent pollutants such as fecal coliform, total nitrogen, total
phosphorus, total suspended solids, metals and hydrocarbons.
2. Project Attribution and Number of Copies
The Contractor must ensure that all materials printed, constructed, and/or produced acknowledge the
contributions of the Department to the project. The materials must include the following
acknowledgment:
"This (documen6 report, map, etc.) was prepared for the New York State Department of State
with funds provided under Title 11 of the Environmental Protection Fund."
D-2
The Contractor must submit to the Department all required products, clearly labeled with the NYS
Comptroller's Contract # as indicated on the Face Page of this Agreement and where applicable, the
related Task # from this Work Plan. The Contractor shall submit:
Draft products: two paper copies of each product.
Final products: two paper copies of each product. In addition, all final products (including
reports, designs, maps, drawings, and plans) must be submitted as an electronic copy (in
Adobe® Acrobat® Portable Document Format - PDF), created using 300 dpi scanning
resolution, and be submitted on a labeled CD-R type CD. The CD must be labeled with the
contractor name, contract #, and project title.
Pictures and photographs must be dated and captioned with the location and a brief description of
the activity being documented.
The contributions of the Department must also be acknowledged in community press releases issued for
the project. Project press releases shall be submitted to the Department for review and approval prior to
release to ensure appropriate attribution.
3. Compliance with Procurement Requirements
The municipal attorney, chief legal officer or financial administrator of the municipality shall certify in
writing to the Department that applicable provisions of General Municipal Law were fully complied with
(Appendix A 1 -XXI).
4. Training
A required component of the Title I 1 Environmental Protection Fund program is Contractor participation
in a training session or sessions focused on developing and implementing revitalization strategies
(Appendix Al-1D. The purpose of these training sessions is to build knowledge and provide support to
community leaders to advance revitalization efforts and advance grant priorities. The specific training
session(s) to be attended will be determined during the initial project scoping meeting.
5. Project Components
Task 1:
Initial Project Scoping Meeting
The Contractor, the Department, project partners and any other appropriate entities shall hold an
initial meeting to review the project scope, project requirements, roles and responsibilities of
project partners, the selection process for procuring consultants, State Environmental Quality
Review Act (SEQRA) compliance requirements, the number of public meetings and techniques
for public involvement proposed for the project, attendance at NYS Community Seminar Series
training sessions, and any other information which would assist in project completion. In
addition, the composition ora project advisory committee shall be discussed during initial
project scoping meeting. The Contractor, or a designated project partner, shall prepare and
distribute to all project partners a brief meeting surmnary clearly indicating the
agreements/understandings reached at the meeting.
D-3
Work on subsequent tasks shall not proceed prior to Department approval of the proposed
approach as outlined in the meeting summary.
Products:
Scoping meeting with appropriate parties. Written meeting summary outlining
agreements/understandings reached.
Task 2:
Community Training
The Contractor will participate in the Community Training Program as stated in Section 4 above.
Product:
Copy oftransmittal letter submitting payment for registration fees. Participation
in training session(s).
Task 3:
Project Advisory Committee
The Contractor shall establish a project advisory committee to oversee all aspects of the project
in cooperation with municipal officials and the project consultant(s), if applicable. The
conunittce shall be representative of project stakeholders, including representatives of State and
municipal agencies with jurisdiction over project activities or the project area, and non-
govermnental and community based organizations. A draft list of proposed members shall be
circulated to the Department for review and approval prior to establishment of the committee.
Products:
Draft and final list of proposed members of project advisory committee. Project
advisory committee established.
Task 4:
Request for Proposals
The Contractor shall draft a Request for Proposals (RFP) including a complete project
description with site conditions, expected final results, a schedule for completion, and criteria for
selecting a preferred proposal. The Contractor shall submit the RFP to the Department for
review and approval prior to release for solicitation of proposals.
Products:
Approved RFP released through advisement in local papers, the New York State
Contract Reporter, and other appropriate means.
Task 5:
Consultant Selection and Compliance with Procurement Requirements
In consultation with the Department, the Contractor and an appropriate review committee shall
review all proposals received as a result of the RFP. At a minimum, the following criteria are
suggested for use in evaluating consultant responses:
Quality and completeness of the response.
Understanding of the proposed scope of work.
Applicability of proposed alternatives or enhancements to information requested.
Cost-effectiveness of thc proposal.
Qualifications and relevant experience with respect to thc tasks to be performed.
Rcputation among previous clients.
Ability to complete all project tasks within the allotted time and budget.
D-4
Incomplete proposals that do not address all of the requested components should not be accepted
for review and consideration.
For preparation/certification of final designs and construction documents, and for supervision of
construction, a licensed professional engineer or licensed architect/landscape architect is
required.
The municipal attomey, chief legal officer or financial administrator of the municipality shall
certify in writing to the Department that applicable provisions of General Municipal Law were
fully complied with.
The Contractor's procurement record and consultant selection is subject to approval by the
Department.
Products:
Consultant(s) selected and approved by the Department. Written certification of
procurement procedures.
Task 6:
Subcontract Preparation and Execution
The Contractor shall prepare a draft subcontract or subcontracts to conduct project work with the
consultant(s) selected. The subcontract(s) shall contain a detailed work plan with adequate
opportunity for review at appropriate stages of project completion, a payment schedule
(payments should be tied to receipt of products), and a project cost. The subcontract(s) shall
specify the composition of the entire consultant team, including ftrm name and area of
responsibility/expertise, and those professionals from the consultant team or consulting firm that
will be directly involved in specific project tasks. Thc Contractor shall submit the draft
subcontract(s) to the Department for review and approval, and shall incorporate the Department's
comments in the final subcontract(s). A copy of the final, executed subcontract(s) shall be
submitted to the Department.
Products: Draft and final, executed consultant subcontracts.
Task 7:
Second Project Scoping Meeting
In consultation with the Department, the Contractor shall hold a second project scoping meeting
with the consultant(s), and other project partners as appropriate, to review project requirements,
site conditions, and roles and responsibilities; identify new information needs and next steps; and
transfer any inforInation to the consultant(s) which would assist in completion of the project.
The consultant(s) shall prepare and distribute a brief meeting summary clearly indicating the
agreements/understandings reached at the meeting. Work on subsequent tasks shall not proceed
prior to Department approval of the proposed approach as outlined in the meeting summary.
Products:
Scoping meeting with appropriate parties. Written meeting summary outlining
agreements/understandings reached.
Task 8:
D-5
Site Reconnaissance and Schematic Designs for BMPs at site H5, Laurel Avenue; H7,
Long Creek Drive; H9, Bayvicw Avenue; HI4, and HI 8 Bayview Avenue boat ramp
BMPs.
Site Reconnaissance
The Contractor or its consultant(s) shall conduct site-specific reconnaissance, in
preparation for design. Work shall include, at a minimum, identification and mapping of
the following:
Site survey showing extent of project boundary
Ownership/grant/lease status of all lands to be incorpomted into the design
Manmade structures, buildings, or facilities on or adjacent to the site
Above and below ground infrastructure
Tmnsportation/cimulation systems (track, car, bus, ferry, train, pedestrian,
bicycle, etc.) that serve or are located near the site
Adjacent land and water uses
Historic and archeological resources
Soil and, as appropriate, corn sampling to determine site stability
Topography and hydrology
Natural resources, including location of mature trees
View corridors
Zoning and other applicable designations
Analysis of site constraints, needs and opportunities
Products:
Map(s) and written summary describing the above information and any
other appropriate information identified during project scoping.
Schematic Designs
The Contractor or its consultant(s) shall prepare schematic designs of the facility or
facilities, considering and including a summary of the following:
Best management practices to be employed to avoid or reduce water quality
impairments from upland runoffor in-water activities, and
Impacts, if any, to State designated Significant Coastal Fish and Wildlife Habitat
areas, Scenic Areas of Statewide Significance, other Coastal Management
Program special management areas, or other sensitive resources, and how those
impacts should be avoided or mitigated.
Products: Schematic designs submitted to the Department for review and approval.
D-6
Task 9: Public Meeting
In consultation with the Department, a public information meeting shall be conducted to solicit
public input on the schematic designs. A written summary of public input oblained at this
meeting shall be prepared and provided to the Department for review and comment.
Products:
Public information meeting held. Minutcs/Surmnary of meeting prepared and
submitted to the Department.
Task 10: Construction Requirement Analysis
The Contractor or its consultant(s) shall prepare an analysis of all federal, state and local
requirements for the design, including necessary permits and approvals, and a description of how
these requirements will be satisfied by the design. This analysis shall be submitted to
appropriate project partners and the Department for review. A pre-permitting meeting with the
Department and the identified federal, state and local entities may be required to discuss any
revisions needed to satisfy regulatory requirements. Work on final design shall not proceed prior
to Department approval of the construction requirement analysis and the pre-permitting meeting,
if necessary.
Products:
Written construction requirement analysis. Pre-permitting meeting with
identified entities.
Task 11: Environmental Quality Review
The Contractor or its consultant(s) shall prepare all documents necessary to comply with the
State Environmental Quality Review Act (SEQRA) through determination of significance. If a
positive declaration is made, a Draft Environmental hnpact Statement shall be prepared.
Products: SEQRA documents and, if necessary, a Draft Environmental Impact Statement.
Task 12: Draft Final Designs
The Contractor or its consultant(s) shall prepare draft final designs. The draft final designs shall
include all required maps, tables, data, written discussions, and other information identified in
the contract and subcontract work plans and during project scoping. The draft final design shall
be provided to the Department and the project advisory committee for review at least two weeks
prior to the duc date for conunents. Department comments must be addressed to the satisfaction
of the Department in subsequent revisions of the products and the final design.
Products: Draft final design and supporting materials.
Task 13: Final Design and Construction Documents
The Contractor or its consultant(s) shall prepare the final design and construction drawings,
plans, specifications, and cost estimates. The final design and construction documents shall be
provided to the Department and thc project advisory conUmttee for review at least two weeks
prior to the due date for comments.
D~7
Final design and construction documents are subject to approval by the Department. These
documents must be certified by a licensed professional engineer, architect, or landscape architect
and the appropriate seal must be affixed to these documents.
Products:
Final design and construction documents, certified by a licensed professional
engineer, architect or landscape architect.
Task 14: Pcmfits
After the final design and construction documents have been approved by the Department, the
Contractor or its consultant(s) shall prepare the necessary permit or other approval applications
and obtain the required permits or approvals. A pm-application meeting with the Department
and the appropriate federal, state and local regulatory authorities may be required to discuss the
necessary permit or other approval applications. Prior to filing, the Contractor or its
consultant(s) shall submit all applications to the Department for review and comment.
Potential permitting and approval agencies include but are not limited to:
federal agencies such as the United States Army Corps of Engineers;
the Department, pursuant to the consistency provisions of the federal Coastal Zone
Management Act;
other New York State agencies such as the Department of Environmental Conservation;
the Office of General Services pursuant to the Public Lands Law, or similar authorization
from thc Power Authority (in certain areas of the St. Lawrence Seaway) or Canal
Authority (in the State Canal System), in order to use or occupy certain State-owned
lands or waters overlying those lands; and the Office of Parks, Recreation, and Historic
Preservation or the State Historic Preservation Officer; and
agencies of a county, city, town, village, or special purpose district, including but not
limited to: town boards, boards of trustees, or city councils; planning commissions,
boards or departments; and/or building or health officials.
Prior to construction the Contractor or its consultant(s) shall also demonstrate that the project is
in compliance with 6 NYCRR Part 502, "Floodplain Management Criteria For State Projects" by
obtaining a floodplain development permit, if local regulations establish such requirements, or by
submitting a signed certification, by an official authorized to enforce local floodplain
management regulations, that the project complies with the requirements of the statute.
Copies of all required permits and approvals shall be submitted to Department upon receipt.
Products:
All required permits and approvals received. Written certification of compliance
with floodplain management regulations, if applicable.
Task 16:
Construction of BMPs at sites H-5, Laurel Avenue (grass channel, bioretention system,
dry swale, oil/grit separator); H-7, Long Creek Drive (grass channel, bioretention
system); H9, Bayview Avenue (grass channel, sediment fombay, pond restoration, Iow-
flow orfice outlet); and H18 Bayvicw Avenue boat ramp BMPs.
D-8
After receipt of all necessary permits, the Contractor may begin construction work according to
the final design and construction documents. The Contractor shall notify the Department
monthly (or more frequently) in writing of work progress, including any delays which have
occurred. The Contractor or its consultant(s) shall submit periodic payment requests to the
Department tied to project milestones identified in contract and subcontract work plans or during
project scoping. After 70% of the work is completed, the progress notification will include a
punch list of any incomplete items and an estimated schedule for project completion.
Products:
Written work progress reports. Punch list and construction completion
estimates.
Task 17: Site Inspections
The Contractor, its consultant(s), and/or the Department shall verify progress and Completion of
the work through periodic site inspections and photo documentation. The Contractor or its
consultant(s) shall submit to the Department written summaries of progress and identification of
problems to be addressed based on periodic site inspections.
Products:
Periodic site visits. Written summary of progress with photo-documentation and
identification of any problents that need to be addressed.
Task 18: Project Completion
Following satisfaction of punch list items, the Contractor or its consultant(s) shall submit a
statement that the work has been completed in accordance with the contract and subcontract(s),
the final design and construction specifications, and all permit requirements. The completion
statement must be prepared and/or certified by a licensed professional engineer, architect or
landscape architect. Unless otherwise specified during project scoping, the Contractor or its
consultant(s) shall submit three sets of as-built plans, certified by a licensed professional
engineer, architect or landscape architect. When the Contractor is satisfied work is complete, it
shall submit a final project report to the Department, including a copy of the completion
statement and a copy of the certified as-built plans and photo-documentation in the form of
digital images of the site prior to, during and upon completion of work. The Contractor shall not
pay its consultant(s) or subcontractor(s) in full, and shall not submit a final payment request to
the Department, until the Department concurs that the work is complete.
Products:
Statement of completion, certified as-built plans, and final project report
including photo-documentation.
Task 19: Semi-annual Reporting
The Contractor or its consultant(s) shall submit to the Department semi-annual reports (every six
months) on the form provided, including a description of the work accomplished, any problems
encountered, and any assistance needed.
Products: Semi-annual reports during the life of the contract.
D-9
Task 20: Final Project Summary Report and Measurable Results forms
The Contractor or its consultant(s) shall work with the Department project manager to complete
the Final Project Summary Report and Measurable Results forms. Final payment shall not be
authorized until these forms have been completed and filed with project deliverables.
Products: Completed Final Project Summary Report and Measurable Results forms.
6. Project Management Responsibilities
The Contractor shall administer the grant, execute a contract with Department, and ensure the completion
of work in accordance with the approved Work Plan. Unless otherwise specified in the Project
Description or under Project Components, the Contractor and/or its approved consultant(s) or
subcontractor(s) shall conduct all work as described in the component tasks.
The Contractor:
will be responsible for conducting all project work in conformance with the Work Plan included
in the executed contract with the Department.
will be responsible for all project activities including drafting request for proposals and
managing subcontracts with consultants and subconsultants.
will certify to the Department that the procurement record for project consultants and
subcontractors complies with the applicable provisions of General Municipal Law.
will receive approval from thc Department for any and all consultant subcontracts before
beginning project work.
will be responsible for submission of all products and payment requests.
will be responsible for coordinating participation and soliciting comments from local government
personnel, project volunteers, and the public.
will keep the Department informed of all important meetings for the duration of this contract.
will receive approval from the Department before purchase of any equipment.
will secure all necessary permits and perform all required environmental reviews.
will ensure that all materials printed, constructed, and/or produced reflect the Division of Coastal
Resources logo, feature the Secretary of State and the Governor, and acknowledge the
contributions of the Department to the project.
will ensure that all products prepared as a part of this agreement shall include the NYS
Comptroller's Contract # as indicated on the Face Page of this Agreement.
will ensure the project objectives are being achieved.
will ensure that comments received from the Department and the project advisory committee, or
other advisory group, are satisfactorily responded to and reflected in subsequent work.
will recognize that payments made to consultants or subcontractors covering work carried out or
products produced prior to receiving approval from the Department will not be reimbursed unless
and until the Department finds the work or products to be acceptable.
will participate, if requested by the Department, in a training session or sessions focused on
developing and implementing revitalization strategies. The purpose of the training session(s) is
to build knowledge and provide supporl to community leaders to advance revitalization efforts
and complete priority projects.
D-lO
The Department:
will review and approve or disapprove of subcontracts between the Contractor and consultant(s)
and any other subcontractor(s).
will participate in initial project scoping and attend meetings that are important to the project.
will review all draft and final products and provide comments as necessary to meet the
objectives.
must approve any and all design, site plan, and preconstruction documents before construction
may begin.
APPENDIX F
NOTICES
Ali notices permitted or required hereunder shall be in writing and shall be transmitted either:
(a)
(b)
(c)
(d)
(e)
via certified or registered United States mail, return receipt requested;
by facsimile transmission;
by personal delivery;
by expedited delivery service; or
by e-mail.
Such notices shall be addressed as follows or to such different addresses as the parties may from time-to-time
designate:
State of New York Department of State
Name:
Title:
Address:
Telephone Number:
Facsimile Number:
E-Mail Address:
Laurissa Parent
Secretary 1
99 Washington Avenue, Suite 1010
Albany, NY 12231
518-486-9540
518 473 -2464
laurissa.parent~dos.state.ny.us
Town of Southold
Title:
Addrcss:
Telephone Number:
Facsimile Number:
E-Mail Address:
Scott A. Russell
Supervisor
53095 Main Road
PO Box 1179
Southold, NY 11971
631-765-1889
631-765-1823
scott.mssell~town.southold.ny.us
Any such notice shall be deemed to have been given either at the time of personal delivery or, in the case of
expedited delivery service or certified or registered United States mail, as of the date of first attempted delivery at
the address and in the manner provided herein, or in the case of facsimile transmission or email, upon receipt.
The partics may, from time to time, specify any new or different address in the United States as their address for
purpose of receiving notice under this Agreement by giving fifteen (15) days written notice to the other party sent
in accordance herewith. The parties agree to mutually designate individuals as their respective representatives
for the purposes of receiving notices under this Agreement. Additional individuals may be designated in writing
by the parties for purposes of inrplementation and administration/billing, resolving issues and problems and/or
for dispute resolution.
APPENDIX G
ELECTRONIC PAYMENTS
Contractor shall provide complete and accurate billing invoices to the Agency in order to receive payment. Billing
invoices submitted to the Agency must contain all information and supporting documentation required by the Contract,
the Agency and the State Comptroller. Payment for invoices submitted by the Contractor shall only be rendered
electronically unless payment by paper check is expressly authorized by the Commissioner, in the Commissioner's sole
discretion, due to extenuating circumstances. Such electronic payment shall be made in accordance with ordinary State
procedures and practices. The Contractor shall comply with the State Comptroller's procedures to authorize electronic
payments. Authorization ~brms are available at the State Comptroller's website at www.osc.state.ny.us/epay/index.htm,
by email at epunit~osc.state.ny.us, or by telephone at 5 l 8-4744032. Contractor acknowledges that it will not receive
payment on any invoices submitted under this Contract if it docs not comply with State Comptroller's electronic payment
procedures, except where the Commissioner has expressly authorized payment by paper check as set forth above.
APPENDIX X
MODIFICATION AGREEMENT FORM
Agency Code: 19000
Contract Period:
Contract No.: C006880
Funding for Period: $341,000.00
This is an AGREEMENT between THE STATE OF NEW YORK, acting by and through the New York State
Department of State, having its principal office at 99 Washington Avenue, Albany, New York, 12231 (hereinafter
referred to as the STATE), and Town of Southold (hereinafter referred to as the CONTRACTOR), for modification of
Contract Number C006880, as amended above and in attached Appendice(s)
Terms and conditions of this amendment are subject to continued availability of funds for this contract.
All other provisions of said AGREEMENT shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the dates appearing under their
signatures.
CONTRACTOR SIGNATURE
NYS DEPARTMENT OF STATE
By: By:
(print name) (print name)
Title: Title:
Date: Date:
~tateAgencyCergfication: "In addition~heacceptance~fthisc~n~racL~alsocertifythatoriginalcopies~f~hissignaturepagewillbeattachedtoallother
exacl copies of Ihis contract.'*
ACKNOWLEDGMENT
State of New York
County of
On this day of
)
)SS:
, in the year 20__, before me personally appeared
, to me known, who being by me duly sworn, did depose and say that he/she is tho
of , the organization described in and which
executed thc above instrument; and that he/she has the authority to sign on behalf of said organization; and that he/she
executed thc foregoing agreement for and on behalf of said organization.
NOTARY PUBLIC
Approved:
Thomas P. DiNapoli
State Comptroller
By:
Date: