HomeMy WebLinkAboutGoldsmith Inlet - WatershedRESOLUTION 2011-875
ADOPTED
DOC ID: 7446
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-875 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 20, 2011:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Intermunieipal Agreement between the Town of
Southold and the Suffolk County Department of Public Works authorizing the Town of
Southold to administer a project to evaluate Goldsmith Inlet and its watershed, in an
amount not to exceed $85,666.00, subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Ruland, Councilman
SECONDER: Vincent Orlando, Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
'Rev. 1;~/5/11 Law No. 13-PW-017
Town of Southold-CP 8207
Improvements to Goldsmith Inlet, Town of Southold
ORIGINAL
INTER-MUNICIPAL AGREEMENT
FOR IMPROVEMENT TO GOLDSMITH INLET
TOWN OF SOUTHOLD
This Inter-Municipal Agreement ("Agreement") is between the County of Suffolk ("County"), a
municipal corporation of the State of New York, acting through its duly constituted Department of Public
Works ("Department"), located at 335 Yaphank Avenue, Yaphank, New York 11980-9744; and
Town of Southold ("Town"), a municipal corporation of the State of New York, having its principle
offices located at 53095 Route 25, Southold, New York 11971.
The parties hereto desire to make available to the Town certain County funds ("Funds") to pay the costs
for the administration of a study to prepare a report analyzing and evaluating conditions in connection with
Goldsmith Inlet, in the Town of Southold. ("Project")
Term of the Agreement: Shall not exceed two years from the execution date of this Agreement..
Total Cost of the Agreement: Shall not exceed $85,666.00 or the actual costs incurred for the study and
issuance of a report, whichever is less, unless authorized in writing by the Department.
Terms and Conditions: Shall be as set forth in Articles I and II, and Exhibits 1 through 3, attached hereto and
incorporated herein.
In Witness Whereof, the parties hereto have executed the Agreement as of the latest date written below.
TOWN OF SOUTHOLD
Title:
F~.T~ ID~
Date:
By:
Same:~/aaa 0 ~
Title: Deputy County Executive
Date:
Approved as to Legality:
Dennis M. Cohen, County Attorney
By: /~ /(~) ~
B%s~en Braddi~
Assistant County A/ttomey
Date: ~/2 ~/EO( Z_~
Recommended: Department of Health
Services, Division of Environmental Quality
Name: ~e,..~,~,..wo¢~,_/c~ ~ ~.~.~
Date: x--/~--5//~-
App~,~dt: tD~P?~/,~ Public W°rks
~,.~il.~ert Anderson, P.E., Commissioner
Date:
· 'Rev.'i2/5/ll Law No. 13-PW-017
Town of Southold-CP 8207
Improvements to Goldsmith Inlet, Town of Southold
List of Articles & Exhibits
Article I
Description of Project and Services
Article II
Financial Terms and Conditions
1. Conflicting Provisions
2. General Payment Terms
3. Agreement Subject to Appropriation of Funds
4. Specific Payment T~,ms and Conditions
5. Limitation on use of Funds
Article III
County Terms and Conditions
1. Elements of Interpretation
2. Meanings of Terms
3. Contractors Responsibilities
4. Qualifications, Licenses, and Professional Standards
5. Notifications
6. Documentation of Professional Standards
7. Credentialing
8. Engineering Certificate
9. Termination
10. indemnification and Defense
11. Insurance
12. Independent Contractor
13. Severability
14. Merger; No Oral Changes
15. Set-Off Rights
16. Non-Discrimination in Services
17. Nonsectarian Declaration
18. Governing Law
19. No Waiver
20. Conflicts of Interest
21. Cooperation on Claims
22. Confidentiality
23. Assignment and Transfers
24. No Intended Third Party Beneficiaries
25. Certification as to Relationships
26. Publications and Publicity
27. Copyrights and Patents
28. Arrears to County
29. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future
Construction
30. Notice
:Rev. 1:2/5/11 Law No. 13-PW-017
Town of Southold-CP 8207
Improvements to Goldsmith Inlet, Town of Southold
Exhibit 1
Suffolk County Legislative Requirements
1. Contractor's/Vendors Public Disclosure Statement
2. Living Wage Law
3. Use of County Resources to Interfere with Collective Bargaining Activities
4. Lawful Hiring of Employees Law
5. Gratuities
6. Prohibition Against Contracting with Corporations that Reincorporate Overseas
7. Child Sexual Abuse Reporting Policy
8. Non Responsible Bidder
9. Use of Funds in Prosecution of Civil Actions Prohibited
10. Work Experience Participation
11. Suffolk County Local Laws Website Address
Exhibit 2
County and Town Authorizing Documents
2-A Suffolk County Legislative Resolution No. 913-2010, "Amending the 2010 Capital Budget and
Program and appropriating Funds In Connection with Improvements To Goldsmith Inlet, Town Of
Southold (CP 8207); and
2-B Suffolk County Legislative Resolution No. 372-2011, "Amending Resolution No. 913-2010,
Amending the 2010 Capital Budget And Program And Appropriating Funds In Connection with
Improvements To Goldsmith Inlet, Town Of Southold (CP 8207)..
2-cgtj~rowntll of Southold Board Resolution No. ~'7~-201~-, "Resolution No. s'?s~ ,dated
I! "Authorizing the Town to enter into ~--~-'~'er-Municipal Agreement wi~--~e-e C~)unty of
Suffolk for the Purpose of Transferring Funds to the Town to be used for the Sole purpose of rendering
analysis and evaluation"
3
;Rev. I'2/5/11 Law No. 13-PW-017
Town of Southold-CP 8207
Improvements to Goldsmith Inlet, Town of Southold
Article I
Description of Project & Description of Services
Inter-Municipal Agreement
For Improvement To Goldsmith Inlet
Town Of Southold
Whereas, Suffolk County Legislative Resolution No. 913-2010 amended the 2010 Capital Budget and Program
and appropriating funds in connection with improvements to Goldsmith Inlet, Town of Southold; and
Whereas, Suffolk County Legislative Resolution No. 372-2011 amending Resolution No. 913-2010 to
authorize the County to enter into an intermunicpal agreement with the Town of Southold for the purpose of
authorizing the Town to administer a project to evaluate Goldsmith Inlet and its watershed;
Whereas, the Town, which owns Goldsmith Inlet and is responsible for the management and improvement of
Goldsmith Inlet, requested the Project and offered to assume responsibility for the administration of the Project;
and
Whereas, it is in the best interest of the County of Suffolk and the Town to enter into an Inter-Municipal
Agreement whereby the Town agrees to progress this Project; and
Whereas, the Town Board has adopted Resolution No. o°75/-2011 authorizing the Town to execute an Inter-
Municipal Agreement with the County of Suffolk to accept funds for the purpose of performing an evaluation of
Goldsmith Inlet; and
Whereas, Suffolk County Legislative Resolution No. 372-2011 amending Resolution No. 913-201 Od authorizes
the County to enter into an intermunicpal agreement with the Town of Southold for the purpose of funding the
Town's administration of the Project to evaluate Goldsmith Inlet and its watershed;
Now, Therefore, in consideration of the mutual provisions and covenants hereafter set forth, the parties hereto
agree as follows:
1. Term: This Agreement shall commence upon execution of this Agreement by the County Executive.
The Town shall proceed in accordance with the project schedule section of the Project work Plan. The
Agreement shall terminate upon the earlier of the following: final payment by the County of the
assistance to the Town, or shall not exceed two years from the execution date of this Agreement.
2. Project Work Plan and Budget:
a. Prior to commencing any testing or evaluation of the site, the Town shall submit to the County
Departments of Health and Public Works a work plan for review and approval. The work plan
must include a description of tasks, a project budget, a quality assuarance plan, milestones and
Project timetable, and deliverables.
b. The Town agrees to proceed expeditiously with the Project and to complete the Project in
accordance with the timetable set forth in the Project Work Plan and Budget, and shall obtain all
necessary permits required.
4
~Rev. 1~/5/11 Law No. 13-PW-017
Town of Southold-CP 8207
Improvements to Goldsmith Inlet, Town of Southold
3. Representations of Town:
Use of Funds: The Town agrees to use the County funds for the payment of eligible costs of the
Project in accordance with the Project Work Plan and Budget and for no other purpose. The
Town also agrees to expend these funds in accordance with the terms and conditions of this
Agreement, as well as with all applicable laws rules and regulations. The Town also agrees to
expend the funds in total accord with the provisions and rules and regulations of the General
Municipal Law.
Town Representatives: The Town shall comply, and shall require its officers, directors,
partners, trustees and other members of its governing body, as well as any personnel employed to
render services under this Agreement, to comply with all applicable rules, regulations and
requirements of law, including all contracting requirements as well as Suffolk County local
preference laws and other applicable Suffolk County local laws, and resolutions of the Suffolk
County Legislature.
4. Description of Project: As per Resolution 913-2010 and 372-2011, and in accordance with this
Agreement, the Town will administer the Project to evaluate Goldsmith Inlet and its watershed,
including the following:
a. Flushing rate analysis;
b. Coliform bacteria loadings and sources;
c. Watershed drainage analysis and sediment loads;
d. Invasive species evaluation;
e. Coastal sediment management; and
f. Recommendations and action plans
Adherence to Project Work Plan and Budget: The Town represents that any use of the Towns
employees or consultants/contractors is in aecordanco with the approval given by the County of the
Project Work Plan and Budget. The Departments' approval is based upon the Towns representations that
the Town's employees and/or consultants/contractors possess the necessary competence to provide the
services in question. The cost of any services provided which are not in accordance with the Project
Work Plan and Budget will not be eligible for reimbursement unless approved by the County in writing.
Deliverables: The Town shall prepare a draft Final Report summarizing the study results and providing
recommendations. The report should include assessment of alternatives as well as supporting analytical
data for the recommendations. Copies of the draR final Report to the Suffolk County Department of
Health Services, Division of Environmental Quality, Office of Ecology and the Department of Public
Works, Highway Division, Office of Bridges, Structures and Waterways for review, questions, and
comment. The final report shall incorporate the comments received from the County.
Agreements: The Town acknowledges and agrees that the county has the right to review all
Agreements for services funded pursuant to this Agreement in order to determine eligibility for
financing hereunder and to determine compliance with all relevant plans and terms of this Agreement.
8. No County Liability: The County shall not be responsible for the performance of any services pursuant
to this Agreement. The County maintains the right to review all work prior to reimbursement to the
,Rev. f2/5/11 Law No. 13-PW-017
Town of Southold-CP 8207
Improvements to Goldsmith Inlet, Town of Southold
Town but such review shall not be deemed to constitute approval by the County of any findings in the
report.
No County Warranties Regarding Project: Town acknowledges and agrees that the County does not
make any warranty, express or implied, as to the Project or the final report, or that the County funds will
be sufficient to pay the costs of the Project.
End of Text for Article I
· Rev. ~2/5/11 Law No. 13-PW-017
Town of Southold-CP 8207
Improvements to Goldsmith Inlet, Town of Southold
Article II
Financial Terms and Conditions and Budget
1. Conflicting Provisions
In the event of any conflict between any provision in this Article II and an Exhibit to this Agreement, the
Exhibit shall prevail unless it is expressly stated in the conflicting provision in this Article II that it shall
prevail over the Exhibit.
2. General Payment Terms
a. Presentation of Suffolk County Payment Voucher
In order for payment to be made by the County to the Town pursuant to this Agreement, the
Town shall prepare and present a Suffolk County Payment Voucher ("Voucher"), which shall be
documented by sufficient, competent and evidential matter.
b. Voucher Documentation
To the extent applicable to the Agreement, the Town shall prepare and present a claim form
supplied by the County (Suffolk County Payment Voucher) together with certified and itemized
statement in support of the payment for the services or expenditures incurred under this
Agreement, to reflect all charges due thereon in accordance with the Work Plan.
c. Payment by County
The Town agrees to comply in full with and payment shall be made to Town in accordance with
the Comptroller's Rules and Regulations for Payment by the County. Payment shall be made
within thirty (30) days ai~er approval of the Voucher by the Comptroller of the County of
Suffolk.
d. Taxes
The charges payable to the town under this Agreement are exclusive of Federal, State and local
taxes, the County being a municipality exempt from payment of such taxes, to the extent that the
Town is not obligated to pay same.
e. Final Voucher
The acceptance by the Town of payment of ail billings made on the approved Voucher shall
operate as and shall be a release of the County from ail claims and liability to the Town, its
successors, legal representatives and assigns under the terms and conditions of this Agreement.
3. Agreement Subject to Appropriation of Funds and Budget Deficiency Plans
.Rev. i'2/5/11 Law No. 13-PW-017
Town of Southold-CP 8207
Improvements to Goldsmith Inlet, Town of Southoid
ae
The Agreement is subject to the amount of funds appropriated and any subsequent modifications
thereof by the Legislature, and no liability shall be incurred by the County beyond the amount of
funds appropriated by the Legislature for the Services.
4. Specific Payment Terms and Conditions
a. The County shall pay the Town a total amount not to exceed $85,666.00 or the actual costs incurred
for the Project, whichever is less. In no event shall the County's payment under this Agreement
exceed $85,666.00 or the actual cost, whichever is less, unless authorized in writing by the
Department.
b. The County shall retain fifteen percent (15%) of all payments made under this Agreement and the
Project Work Plan and Budget as retainage. Retainage shall be paid upon receipt of a satisfactory
final Project report.
5. Limitation On Use of Funds
The funds provided by the County pursuant to this Agreement shall not be utilized to provide fiscal
relief to the Town or any of its agencies, contractors, or assigns, or to support or supplant operating costs
or any administrative expenses of the Town.
End of Text for Article II
.Rev. J2/5/11 Law No. 13-PW-017
Town of Southold-CP 8207
Improvements to Goldsmith Inlet, Town of Southold
Article 111
County Terms and Conditions
1. Elements of Interpretation
As used throughout the Agreement:
a. Words of thc masculine gender shall mean and
include correlative words of the feminine and neuter
genders and words importing the singular number shall
mean and include the plural number and vice versa. Words
importing persons shall include firms, associations,
partnerships (including limited partnerships), trusts,
corporations and other legal entities, including public
bodies, as well as natural persons, and shall include
successors and assigns.
b. Capitalized terms used, but not otherwise defined
herein, shall have the meanings assigned to them in the
Agreement.
2. Meanings of Terms
As used in the Agreement:
"Agreement" means all terms end conditions herein forming all
rights and obligations of the Contractor and the County.
"Comptroller" means the Comptroller of the County of Suffolk.
"Contractor" means the Town, signatory person, partnership,
corporation, association or other entity, its officers, officials,
employees, agents, servants, sub-contractors and any successor or
assign of any one or more of the foregoing performing thc Services.
"County" means the County of Suffolk, its departments, agents,
servants, officials, and employees.
"County Attorney" means the County Attorney of the County of
Suffolk.
"Department" means the signatory department approving the
Agreement.
"Engineering Services" means the definition of the practice of
engineering and the definition of practice of land surveying, ~s the
case may be, under Section 7201 and Section 7203 of the State
Education Law, respectively.
"Event of Default" means
a. The Contractor's failure to maintain the amount
and types ofinsuranen required by the Agreement; or
b. The Contractor's failure to comply with any
Federal, State or local law, rule, or regulation, and County
policies or directives; or
c. The Contractor's bankruptcy or insolvency; or
The Contractor's failure to cooperate in an Audit;
e. The Contractor's falsification of records or
reports, misuse of funds, or malfeasance or nonfeasance in
financial record keeping arising out of, or in connection
with, any agreement with thc County; or
L The Contractor's failure to submit, or failure to
timely submit, documentation to obtain Federal or State
funds; or
g. The inability of the County or the Contractor to
obtain Federal or State funds due to any act or omission of
the Contractor;, or
h. Any condition the County determines, in its sole
discretion, is dangerous.
"Federal" means the United States government, its departments and
agencies.
"Fund Source" means any direct or indirect sum payable to the
Contractor by the County pursuant to any lawful obligation.
"Legislature" means the Legislature of the County of Suffolk.
"Services" means all that which the Contractor must do and any part
thereof arising out of, or in connection with, the Agreement necessary
to provide the services described in this Agreement.
"State" means the State of New York.
"Suffolk County Payment Voucher" means the document
authorized and required by the Comptroller for release of payment.
"Term" means the time period set forth on page one of the
Agreement unless sooner terminated as set forth in this Agreement.
''Town" means the Town of Southold, its departments, agents,
servants, officials, and employees.
3. Contractor Responsibilities
a. It shall be the duty of the Contractor to discharge,
or cause to be discharged, all of its responsibilities in the
interest of the County in accordance with the provisions of
the Agreement.
b. The Contractor shall promptly take all action as
may be necessary to render the Services.
c. The Contractor shall not take any action that is
inconsistent with the provisions of the Agreement.
4. Qualifications, Licenses, and Professional Standards
a. The Contractor represents and warrants that it
has, and shall continuously possess, during the Term, the
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· Rev. 1·2/5/11 Law No. 13-PW-017
Town of Southold-CP 8207
Improvements to Goldsmith Inlet, Town of Southold
required licensing, education, knowledge, experience, and
character necessary to qualify it to render the Services.
b. The Contractor shall continuously have during
the Term all required authorizations, certificates,
certifications, registrations, licenses, permits, and other
approvals required by Federal, State, County, or local
authorities necessary to qualify it to render the Services.
Notifications
a. The Contractor shall immediately notify the
County, in writing, of any disciplinary proceedings,
commenced or pending, with any authority relating to a
license held by any person necessary to qualify him or the
Contractor to perform the Services.
b. In the event that a person is no longer licensed to
perform the Services, the Contractor must immediately
notify the County, but in no event shall such notification be
later than five (5) days at,er a license holder has lost the
license required to qualify the license holder or the
Contractor to perform the Services.
c. In the event that the Contractor is not able to
perform the Services due to a loss of license, the Contractor
shall not be reimbursed for the Services rendered after the
~fective date of termination of such license. Without
limiting the generality of the foregoing, if any part of the
Agreement remains to be performed, and the termination of
the license does not affect the Contractor's ability to render
the Services, every other term and provision of the
Agreement shall be valid and enforceable to the fullest
extent permitted by law.
Documentation of Professional Standards
The Contractor shall maintain on file, in one location in
Suffolk County, all records that demonstrate that it has
complied with paragraphs 4 end 5 above. The address of
the location of the aforesaid records and documents shall be
provided to the County no later than the date of execution
of the Agreement. Such documentation shall be kept,
maintained, and available for inspection by the County
upon twenty-four (24) hours notice.
Credentialing
a. In the event that the Department, or any division
thereof, maintains a credentialing process to qualify the
Contractor to render the Services, the Contractor shall
complete the required credentialing process. In the event
that any State credential, registration, certification, or
license, Drug Enforcement Agency registration, or
Medicare or Medicaid certification is restricted, suspended,
or temporarily or permanently revoked, it is the duty of the
Contractor to contact the Department, or division thereof,
as the case may be, in writing, no later than three (3) days
at,er such restriction, suspension, or revocation.
b. The Contractor shall forward to the Department,
or division thereof, as the case may be, on or before July I
of each year during the Term, a complete list of the names
10
and addresses of all persons providing the Services, as well
as their respective areas of certification, credentialing,
registration, and licensing.
Engineering Certificate
In the event that the Agreement requires any Engineering
Services, the Contractor shall submit to the County, no later
than the due date for submission for approval of any
engineering work product, the Certificate of Authorization
("Certificate"), issued pursuant to § 7210 of the New York
Education Law, of every person performing any
Engineering Services. The failure to file, submit or
maintain the Certificate shall be grounds for rejection of
any engineering work product submitted for approval.
Termination
a. Event of Default; Termination on Notice
i.) The County may immediately terminate
the Agreement, for cause, upon such t~rms and
conditions it deems appropriate, in the Event of
Default.
il.) If the ConWactor defaults under any
other provision of the Agreement, the County
may terminate the Agreement, on not less than
five (5) days notice, upon such terms and
conditions it deems appropriate.
iii.) The parties to this Agreement may
agree to terminate this Agreement at any time,
according to mutually agreed upon terms and
conditions which are set forth in writing and
executed by both the County and the Town. Such
terms and conditions shall incIude appropriate
provisions whereby the County may continue the
work as described in Article I of this Agreement.
iv) If the Town, before compIetion,
discontinues the project, the County, by written
notice to the Town, may terminate any or all of
the County's obligations under this Agreement or
may suspend any or all of its obligations under
this Agreement until the event or condition
resulting in such suspension has ceased or been
corrected.
v.) Upon receipt of a notice of termination
or suspension, the Town shall promptly carry out
the actions required by such notice which may
include furnishing a status report on the progress
of the work.
Duties upon Termination
i.) The Contractor shall discontinue the
Services as directed in the termination notice.
ii.) The County shall pay the Contractor for
the Services rendered through the date of
termination.
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Town of Southoid-CP 8207
Improvements to Goldsmith Inlet, Town of Southoid
10.
11.
iii.) The County shall be released Dom any
and all liability under the Agreement, effective as
of the date of the termination notice.
iv.) Upon termination, the Contractor shall
reimburse the County the balance of any f~nds
advanced to the Contractor by the County no later
than thirty (30) days afl:er termination of the
Agreement. The provisions of this subparagraph
shall survive the expiration or termination of the
Agreement.
v.) Nothing contained in this paragraph
shall be construed as a limitation on the County's
legal or equitable remedies, or other rights
available to it as set forth in the Agreement.
Indemnification and Defense
a. To the greatest extent permitted by law, the
Contractor shall protect, indemnify, and hold harmless the
County, its agents, servants, officials, and employees from
and against all liabilities, fines, penalties, actions, damages,
claims, demands, judgments, losses, suits or actions, costs,
and expenses caused by the negligence or any acts or
omissions of the contractor, including reimbursement of the
cost of reasonable attorneys' fees incuned by the County,
its agents, servants, officials, and employees in any action
or proceeding arising out of or in connection with the
Agreement.
b. Thc Contractor hereby represents and warrants
that it will not infringe upon any copyright in performing
the Services. The Contractor agrees that it shall protect,
indemnify, and hold harmless the County, its agents,
servants, officials, and employees from and against all
liabilities, fines, penalties, actions, damages, claims,
demands, judgments, losses, suits or actions, costs, and
expenses arising out of any claim asserted for infringement
of copyright, including reimbursement of the cost of
reasonable attorneys' fees incurred by the County, its
agents, servants, officials, and employees in any action or
proceeding arising out of or in connection with any claim
asserted for infringement of copyright due to the
Contractor's actions in carrying out its duties under this
Agreement.
c. The Contractor shall defend the County, its
agents, servants, officials, and employees in any pmceedlng
or action, including appeals, arising out of, or in connection
with, the Agreement, and any copyright infringement
proceeding or action. At the County's option, the County
may defend any such proceeding or action and require the
Contractor to pay reasonable attorneys' fees for the defense
of any such suit.
a. The Contractor shall continuously maintain,
during the Term of the Agreement, insurance in amounts
and types as follows:
II
i.) Commercial General Liability
insurance, including contractual liability
coverage, in an amount not less than Two Million
Dollars ($2,000,000.00) per occurrence for bodily
injury and Two Million Dollars ($2,000,000.00)
per occurrence for property damage. The County
shall be named an additional insured.
il.) Automobile Liability insurance (if any
vehicles are used by the Contractor in the
performance of the Agreement) in an amount not
less than Five Hundred Thousand Dollars
($500,000.00) per person, per accident, for bodily
injury and not less than One Hundred Thousand
Dollars ($100,000.00) for property damage per
iii.) Workers' Compensation and
Employer's Liability insurance in compliance
with all applicable New York State laws and
regulations and Disability Benefits insurance, if
required by law. The Contractor shall furnish to
the County, prior to its execution of the
Agreement, the documentation required by the
State of New York Workers' Compensation
Board of coverage or exemption from coverage
pursuant to §§57 and 220 of the Workers'
Compensation Law. In accordance with General
Municipal Law §108, the Agreement shall be
void and of no effect unless the Contractor shall
provide and maintain covemge during the Term
for the benefit of such employees as are required
to be covered by the provisions of the Workers'
Compensation Law.
iv.) Professional Liability insurance in an
amount not less than Two Million Dollars
($2,000,000.00) on either a per-occurrence or
claims-made coverage basis.
b. The County may mandate an increase in the
liahility limits set forth above in the immediate preceding
paragraphs.
c. All policies providing such coverage shall be
issued by insurance companies with an A.M. Best rating of
A- or better.
d. The Contractor shall furnish to the County, prior
to the execution of the Agreement, declaration pages for
each policy of insurance, other than a policy for
commercial general liability insurance, and upon demand, a
true and certified original copy of each such policy
evidencing compliance with the aforesaid insurance
requirements. In the case of commercial general liability
insurance, the Contractor shall furnish to the County, prior
to the execution of the Agreement, a declaration page or
insuring agreement and endorsement page evidencing the
County's status as an additional insured on said policy, and
upon demand, a true and certified original copy of such
policy evidencing compliance with the aforesaid insurance
requirements.
:,Rev. 1-2/5/11 Law No. 13-PW-017
Town of Southold-CP 8207
Improvements to Goldsmith Inlet, Town of Southold
12.
13.
14.
15.
e. All evidence of insurance shall provide for the
County to be notified in writing thirty (30) days prior to
any cancellation, nonmnewal, or material change in the
policy to which such evidence relates. It shall be the duty
of the Contractor to notify the County immediately of any
cancellation, nonrenewal, or material change in any
insurance policy.
f. In the event the Contractor shall fail to provide
evidence of insurance, the County may provide the
insurance required in such manner as the County deems
appropriate and deduct the cost thereof from any payments
due the Town under this Agreement or any other agreement
between the County and the Town.
g. If the Town has a sclf-insumnco program under
which it acts as a self-insurer for any of such required
coverage, it may provide self-funded coverage and
certificates or other evidence of such self-insurance in lieu
of insurance issued by insurance companies.
Independent Contractor
The Contractor is not, and shall never be, considered an
employee of the County for any purpose. Notwithstanding
anything herein, the Agreement shall not be construed as
creating a principal-agent relationship between the County
and the Contractor or the Contractor and the County, as the
case may be.
Severabllity
It is expressly agreed that if any term or provision of the
Agreement, or the application therenf to any person or
circumstance, shall be held invalid or unenforceable to any
extent, the remainder of the Agreement, or the application
of such term or provision to persons or circumstances other
than those as to which it is held invalid or unenforceable,
shall not be affected thereby, and every other term and
provision of the Agrcement shall be valid and shall be
enforced to the fullest extent permitted by law.
Merger; No Oral Changes
It is expressly agreed that the Agreement represents the
entire agreement of the parties and that all previous
understandings are herein merged in the Agreement. No
modification of the Agreement shall be valid unless in
written form and executed by both parties.
Se~OffRights
The County shall have all of its common law, equitable,
and statutory rights of set-off. These rights shall include,
but not be limited to, the County's option to withhold from
a Fund Source an amount no greater than any moneys due
and owing to the County for any reason. The County shall
exercise its set-off rights subject to approval by the County
Attorney. In cases of set-off pursuant to a Comptroller's
audit, the County shall only exercise such right after the
12
16.
17.
18.
finalization thereof, and only after consultation with the
County Attorney.
Non-Discrimination in Services
a. The Contractor shall not, on the grounds of race,
creed, color, national origin, sex, age, disability, sexual
orientation, military status, or marital status:
I.) deny any individual the Services
provided pursuant to the Agreement; or
ii.) provide the Services to an individual
that is different, or provided in a different
manner, from those provided to others pursuant
to the Agreement; or
iii.) subject an individual to segregation or
separate treatment in any matter related to the
individual's receipt of the Services provided
pursuant to the Agreement; or
iv.) restrict an individual in any way from
any advantage or privilege enjoyed by others
receiving the Services provided pursuant to the
Agreement; or
v.) treat an individual differently from
others in determining whether or not the
individual satisfies any eligibility or other
requirementa or conditions which individuals
must meet in order to receive the Services
provided pursuant to the Agreement.
b. The Contractor shall not utilize criteria or
methods of administration which have the effect of
subjecting individuals to discrimination because of their
race, creed, color, national origin, sex, age, disability,
sexual orientation, military status, or marital status, or have
the effect of substantially impairing the Agreement with
respect to individuals of a particular race, creed, color,
national origin, sex, age, disability, sexual orientation.
military status, or marital status, in determining:
i.) the Services to be provided, or
ii.) the class of individuals to whom, or the
situations in which, the Services will be provided;
or
iii.) the class of individuals to be afforded
an opportunity to receive the Services.
Nonsectarian Declaration
The Services performed under the Agreement are secular in
nature. No funds received pumuant to the Agreement shall
be used for sectarian purposes or to further the
advancement of any religion. The Services will be
available to all eligible individuals regardless of religious
belief or affiliation.
Governing Law
The Agreement shall be governed by and constxued in
accordance with thc laws of the State of New York, without
regard to conflict of laws. Venue shall be designated in the
· .Rev. 12/5/11 Law No. 13-PW-017
Town of Southold-CP 8207
Improvements to Goldsmith Inlet, Town of Southold
Supreme Court, Suffolk County, the United States District
Court for the Eastern District of New York, or, if
appropriate, a court of inferior jurisdiction in Suffolk
County.
19. No Waiver
It shall not be construed that any failure or forbearance of
the County to enforce any provision of the Agreement in
any particular instance or instances is a waiver of that
provision. Such provision shall otherwise remain in full
force and effect, notwithstanding any such failure or
forbearance.
20. Conflicts of Interest
The Contractor shall not, during the Term, pursue a course
of conduct which would cause a reasonable person to
believe that he or she is likely to be engaged in acts that
create a substantial conflict between its obligations under
the Agreement and its private interests. The Contractor is
charged with the duty to disclose to the County the
existence of any such adverse interests, whether existing or
potential. This duty shall continue as long as the Term.
The determination es to whether or when a conflict may
potentially exist shall ultimately be made by the County
Attorney after full disclosure is obtained.
21. Cooperation on Claims
The Contractor and the County shall render diligently to
each other, without compensation, any and all cooperation
that may be required to defend the other party, its
employees and designated representatives against any
claim, demand or action that may be brought against the
other party, its employees or designated ~tatives
arising out of or in connection with the Agreement.
22. Confidentiality
Any document of the County, or any document created by
the Contractor and used in rendering the Services, shall
remain the property of the County and shall be kept
confidential in accordance with applicable laws, rules, and
regulations.
23. Assignment and Transfer
a. The Contractor shall not delegate its duties under
the Agreement, or assign, Wansfer, convey, or otherwise
dispose of the Agreement, or any of its right, title or
interest therein, or its power to execute the Agreement, or
assign all or any portion of the monies that may be due or
become due hereunder, (collectively referred to in this
paragraph 23 as "Assignment"), to any other person, entity
or thing without the prior written consent of the County,
and any attempt to do any of the foregoing without such
consent shall be a material default by the Contractor.
24. No Intended Third Party Beneficiaries
25.
26.
27.
28.
The Agreement is entered into solely for the benefit of the
County and the Contractor. No third party shall be deemed
a beneficiary of the Agreement and no third party shall
have the right to make any claim or assert any right under
the Agreement.
Certification as to Relationships
The Contractor certifies under penalties of perjury that,
other than through the funds provided in the Agreement
and other valid agreements with the County, there is no
known spouse, life partner, business, commercial,
exonomic, or financial relationship with the County or its
elected officials. The Contractor also certifies that there is
no relationship within the third degree of consanguinity,
between the Contractor, any of its partners, members,
directors, or shareholders owning five (5%) percent or
more of the Contractor, and the County.
Publications
Any book, article, report or other publication or printed
matter related to the Services provided pursuant to this
Agreement shall contain the following statement in clear
and legible print:
"This publication is fully or partially funded by
the County of Suffolk."
Copyrights and Patents
a. Copyrights
If the work of the Contractor should result in the
production of original books, manuals, films, or other
raaterials for which a copyright may be granted, the
Contractor may secure copyright protection. However, the
County reserves to itself, and the Contractor hereby gives
to the County, and to any other person designated by the
County, a royalty-free, nonexclusive license to produce,
reproduce, publish, translate, or otherwise use any such
raatedals.
b. Patents
If the Contractor makes any discovery or
invention during the Term, or as a result of work performed
under the Agreeraent, the Contractor may apply for and
secure for itself patent protection. However, the County
reserves to itself, and the Contractor hereby gives to the
County, and to any other person designated by the County,
a royalty-free, nonexclusive license to produce or otherwise
use any item so discovered or patented.
Arrears to County
The Contractor warrants that, except as may otherwise be
authorized by agreement, it is not in an'eara to the County
upon any debt, agreement, or any other lawful obligation,
and is not in default to the County as surety.
13
i,Rev, lg/5/ll Law No. 13-PW-017
Town of Southold-CP 8207
Improvements to Goldsmith Inlet, Town of Southold
29.
Lawful Hiring of Employees Law in Connection
with Agreements for Construction or Future
Construction
In the event that the Agreement is subject to the Lawful
Hiring of Employees Law of the County of Suffolk, Suffolk
County Code Chapter 234, as more fully set forth in the
Article entitled "Suffolk County Legislative
Requirements," the Contractor shall maintain the
documentation mandated to be kept by this law on the
construction site at all times. Employee sign-in sheets and
register/log books shall be kept on the construction site at
all times and all covered employees, as defined in the law,
shall be required to sign such sign-in sheets/register/log
books to indicate their
presence on the construction site during such working
hours.
30. Notice
Unless otherwise expressly provided herein, all notices
shall be in writing and shall be deemed sufficiently given if
sent by regular first class mail and certified mail, or
personally delivered during business hours as follows: I.)
to the Con~ractor at the address on page 1 of the Agreement
and 2.) to the County at the Department, or as to either of
the foregoing, to such other address as the addressee shall
have indicated by prior written notice to the eddressor. All
notices received by the County relating to a legal claim
shall be immediately sent to the Department and also to the
County Attorney at 100 Veterans Memorial Highway, P.O.
Box 6100, (Sixth Floor), Hauppauge, New York, 11788.
'[he County shall report to the Contractor in writing within
ten (10) days of the initiation by or against it of any legal
action or proceeding in connection with or relating to The
Agreement.
End of Text for Article III
14
Law 13-PW-017
Town of Southold CP 8207
· ' Impr6vements to Goldsmith Inlet
Exhibit 1
Suffolk County Legislative Requirements
Contractor's/Vendor's Public Disclosure
Statement
It shall be the duty of the Contractor to read,
become familiar with, and comply with the
requirements of sectinn A5-7 of Article V of the
Suffolk County Code.
Unless certified by an officer of the Contractor as
being exempt from the requirements of seation
A5-7 of Article V of the Suffolk County Code,
the Contractor represents and warrants that it has
filed with the Comptroller the verified public
disclosure statement required by Suffolk County
Administrative Code Article V, section A5-7 and
shall file an update of such statement with the
Comptroller on or before the 31st day of January
in each year of the Centract's duration. The
Contractor acknowledges that such filing is a
material, contractual and statutory duty and that
the failure to file such statement shall constitute a
material breach of the Contract, for which the
County shall be entitled, upon a determination
that such breach has occurred, to damages, in
addition to all other legal remedies, of filtecn
percent (15%) of the amount oftbe Contract.
Required Form:
Suffolk County Form SCEX 22; entitled
"Contractor's/Vandor's Public Disclosure
Statement"
Living Wage Law
It shall be the duty of the Contractor to mad,
become familiar with, and comply with the
requirements of Chapter 575, of the Suffolk
County
This Contxact is subject to the Living Wage Law
of the County of Suffolk. The law mquiras that,
unless specific exemptions apply, all employers
(as defined) under service contracts and
recipients of County financial assistance, (as
defined) shall provide payment ora minimum
wage to employees as set forth in the Living
Wage Law. Such rate shall be adjusted annually
pursuant to the terms of the Suffolk County
Living Wage Law of the County of Suffollc
Under the provisions of the Living Wage Law,
the County shall have the authority, under
appropriate circumstances, to terminate the
Contract and to seek other remedies as set forth
therein, for violations of this Law.
Required Forms:
Suffolk County Living Wage Form LW-I;
entitled "Suffolk County Department of Labor -
Living Wage Unit Notice of Application for
County Compensation (Contract)."
Suffolk County Living Wage Form LW-38;
entitled "Suffolk County Department of Lshor-
Living Wage Unit Living Wage
Certification/Declaration - Subject To Audit."
Use of County Resources to Interfere with
Collective Bargaining Activities
It shall be the duty of the Contractor to read,
become familiar with, and comply with the
requirements of Article I of Chapter 803 of the
Suffolk County Code.
County Contractors (as defined by section 803-2)
shall comply with all requirements of Chapter
803 of the Suffolk County Code, including the
following prohibitions:
a. The Contractor shall not use County
funds to assist, promote, or deter union
organizing.
No Countyfun~shallbensedto
mimbussetheContractor~ranycosts
incurred to assist, pmmote,ordeter
unionurgan~ing.
No employer shall use County property
to hold a meeting with employees or
supervisors if the purpose of such
meeting is to assist, promote, or deter
union organizing.
If the Services are performed on County property,
the Contractor must adopt a masonshle access
agreement, a neutrality agreement, fair
communication agreement, non-intimidation
agreement, and a majority authorization card
agreement.
If the Services are for the provision of human
services and are not to be performed on County
property, the Contractor must adopt, at the least,
a neutrality agreement.
Under the provisions of Chapter 803, the County
shall have the authority, under appropriate
circumstances, to terminate the Contract and to
seek other remedies as set forth therein, for
violations of this Law.
Required Form:
Suffolk County Labor Law Form DOL-LO 1;
entitled "Suffolk County Department of Lshor-
Labor Mediation Unit Union Organizing
Certification/Declaratiun - Subject to Audit_"
15
Law 13-PW-017
Town of Southold CP 8207
· Improvements to Goldsmith Inlet
Lawful Hiring of Employees Law
It shall be the dull of the Conh'actur to read,
become familiar with, and comply with the
requirements of Article II of Chapter 353 &the
Suffolk County Code.
This Contract is subject to the Lawful Hiring of
Employees Law of the County of Suffolk. It
provides that all covered employers, (as defined),
and the owners thereof, as the case may be, that
are recipients of compensation fi.om the County
through any grant, loan, subsidy, funding,
appropriation, payment, tax incentive, contract,
subcontract, license agreement, lease or other
financial compensation agreement issued by the
County or an awarding agency, where such
compensation is one hundred percent (100%)
funded by the County, shall submit a completed
sworn affidavit (under penalty of perjury), the
form of which is attached, certifying that they
have complied, in good faith, with the
requirements of Title 8 of the United States Code
Section 1324a with respect to the hiring of
covered employees (as defined) and with respect
to the alien and nationality status of the owners
thereof. The affidavit shall be executed by an
authorized representative of the covered
employer or owner, as the case may be; shall be
part of any executed contract, subcontract, license
agreement, lease or other financial compensation
agreement with the County; and shall be made
available to the public upon request.
All contractors and subcontractors (as defined) of
covered employers, and the owners thereof, as
the case may be, that are assigned to perform
work in connection with a Counll contract,
subcontract, license agreement, lease or other
fmanciai compensation agreement issued by thc
County or awarding agency, where such
compensation is one hundred percent (100%)
funded by the County, shall submit to the covered
employer a completed sworn affidavit (under
penalll of perjury), the form of which is attached,
certifying that tbey have complied, in good faith,
with the requirements of Title 8 of the United
States Code Section 1324a with respect to the
hiring ofcovared employees end with respect to
the alien and nationality status of the owners
thereof, as the case may be. The affidavit shall
be executed by an authorized representative of
the contractor, subcontractor, or owner, as the
case may be; shall be part of any executed
contract, subcontract, license agreement, lease or
other financial compensation agreement between
the covered employer end the County; end shall
be made available to the public upon request.
An updated affidavit shall be submitted by each
such employer, owner, contractor and
subcontractor no later than Janum3' 1 of each year
for the duration of any contract and upon the
renewal or amendment of the Contract, and
whenever a new contractor or subcontractor is
hired under the terms of the Contract.
The Contractor acknowledges that such filings
are a material, contractual and statutory dull and
that the failure to file any such statement shall
constitute a material breach of the Contract.
Under the provisions of the Lawful Hiring of
Employees Law, the County shall have the
authority to terminate the Contract for violations
of this Law and to seek other remedies available
under the law.
The documentation mandated to be kept by this
law shall at all times be kept on site. Employee
sign-in sheets and register/log books shall be kept
on site at all times during working hours and all
covered employees, as defined in the law, shall
be required to sign such sign-in
sheets/register/log books to indicate their
presence on the site during such working hours.
Required Forms:
Suffolk County Lawful Hiring of Employees Law
Form LHE- 1; entitled "Suffolk County
Department of Labor- Notice Of Application To
Certify Compliance With Federal Law (8 U.S.C.
Section 1324a) With Respect To Lawful Hiring
of Employees."
Suffolk County Lawful Hiring of Employees Law
Form LHE-2; entitled "Affidavit Of Compliance
With The Requirements Of 8 U.S.C. Section
1324a With Respect To Lawful Hiring Of
Employees"
Suffolk County Lawful Hiring of Employees Law
Form LHE-6; entitled "Notice of Non-
Applicability For Compliance With Federal Law
(8 U.S.C. Section 1324A) With Respect To
Lawful Hiring Of Employees."
Gratuities
It shall be the dull of the Conlractor to read,
become familiar with, and comply with the
requirements of Chapter 664 of the Suffolk
County Code.
The Contractor represents and warrants that it has
not offered or given any gratuity to any official,
employee or agent of the County or the State or
ofeny political party, with the purpose or intent
of securing an agreement or securing favorable
treatment with respect to the awarding or
amending ofen agreement or the making of any
determinations with respect to the performance of
16
Law 13-PW-017
Tow~ of Southold CP 8207
Impr6vements to Goldsmith Inlet
Prohibition Against Contracting with
Corporations that Reincorporate Overseas
It shall be the duty of the Contractor to read,
become familiar with, and comply with the
requirements ofsectiuns A4-13 and A4-14 of
Article IV of the Suffolk County Code.
The Contractor represents that it is in compliance
with sections A4-13 and A4-14 of Article IV of
the Suffolk County Code. Such law provides that
no contract for consulting services or goods and
services shall be awarded by the County to a
business previously incorporated within the
U.S.A. that has reincorporated outside the U.S.A.
Child Sexual Abuse Reporting Policy
It shall be the duty of the Contractor to read,
become familiar with, and comply with the
requirements of Article II of Chapter 880 of the
Suffolk County Code.
The Contractor shall comply with Article II of
Chapter 880, of the Suffolk County Code,
entitled "Child Sexual Abuse Reporfmg Policy,"
as now in effect or amended hereafter or of any
other Suffolk County Local Law that may
become applicable during the term of the
Contract with regard to child sexual abuse
reporting policy.
Non Responsible Bidder
It shall be the duty of the Contractor to read,
become familiar with, and comply with the
requirements of Article II of Chapter 189 of the
Suffolk County Code.
Upon signing the Contract, the Contractor
certifies that it has not been convicted of a
criminal offense within the last ten (10) years.
The term "conviction" shall mean a finding of
guilty a~er a trial or a plea of guilty to an offense
covered under section 189-5 of the Suffolk
County Code under "Noureaponsthle Bidder."
Use of Funds in Prosecution of Civil
Actions Prohibited
It shall be the duty of the Contractor to read,
become familiar with, and comply with the
requirements of Article III of Chapter 893 of the
Suffolk County Code.
The Connactor shall not use any of the moneys,
in part or in whole, and either directly or
indirectly, received under the Conmact in
connection with the prosecution of any civil
action against the County in any jurisdiction or
12.
10.
11.
any judiciaI or administrative forum.
Youth Sports
It shall be the duty of the Contractor to read,
become familiar with, and comply with Article
[II of Chapter 730 of the Suffolk County Code.
All contract agencies that conduct youth sports
programs are required to develop and maintain a
written plan or policy addressing incidents of
possible or actual concussion or other head
injuries among sports program participants. Such
plan or policy must be submitted prior to the
award of a County contract, grant or funding.
Receipt of such plan or policy by the County
does not represent approval or endorsement of
any such plan or policy, nor shall the County be
subject to any liability in connection with any
such plan or policy.
Work Experience Participation
If the Contractor is a not-for-profit or
governmental agency or institution, each of the
Contractors locations in the County at which the
Services are provided shall be a work site for
public-assistance clients of Suffolk County
pursuant to Chapter 281 of the Suffolk County
Code at all times during the Term of the Contract.
If no Memorandum of Understaoding CMOU")
with the Suffolk County Department of Labor for
work experience is in effect at the beginning of
the Term of the Contract, the Contractor, if it is a
not-for-profit or governmental agency or
institution, shall enter into such MOU as soon as
possible after the execution of the Contract and
failure to enter into or to perform in accordance
with such MOU shall be deemed to be a failure to
perform in accordance with the Contract, for
which the County may withhold payment,
terminate the Conttact or exercise such other
remedies as may be appropriate in the
circumstances.
Suffolk County Local Laws Website
Address
Suffolk County Local Laws, Rules and
Regulations can be accessed on the Suffolk
County homepage by following the County's
ezGovemmeat link to the ezGovernmant page to
the County Attorney section to the Laws of
Suffolk County.
End of Text for Exhibit 1
17
.Rev.. 17,/5/11 Law No. 13-PW-017
Town of Southold-CP 8207
Improvements to Goldsmith Inlet, Town of Southold
Exhibit 2
COUNTY AND TOWN AUTHORIZING DOCUMENTS
2-A Suffolk County Legislative Resolution No. 913-2010, "Amending the 2010 Capital Budget and
Program and appropriating Funds In Connection with Improvements To Goldsmith Inlet, Town Of
Southold (CP 8207); and
2-B
Suffolk County Legislative Resolution No. 372-2011, "Amending Resolution No. 913-2010, Amending
the 2010 Capital Budget And Program And Appropriating Funds In Connection with Improvements To
Goldsmith Inlet, Town Of Southold (CP 8207)..
2-C
Town ofI Southo,[d~ Board Resolution No. [?f-201 I, "Resolution No. 8'7~"- , dated
/~/.ff. t9 [ti Authorizing the Town to enter in'-~-o an Int'-~-Municipal Agreement with the County
of Sut]'oll~ for the Purpose of Transferring Funds to the Town to be used for the Sole purpose of
rendering analysis and evaluation"
18
Intro. Res. No. 1938-2010
Introduced by Legislatom Romaine, Losquadro and Schneiderman
Laid on Table 9/16/2010
RESOLUTION NO. 9t3 -20~0, AMENDING THE 20'10 CAPITAL
BUDGET AND PROGRAM AND APPROPRIATING FUNDS IN
CONNECTION tNITH IMPROVEMENTS TO GOLDSMITH
INLET, TOWN OF SOUTHOLD {CP 8207)
WHEREAS, Goldsmith Inlet is included on the Significant Habitat maps issued by
the NY Department of State; and
WHEREAS, the ecological health of the inlet appears to be compromised by
sedimentation related to the hydraulic configuration of the tidal channel that finks the inlet to the
Long Island Sound; and
WHEREAS, the increase in sediment is accompanied by reduced flushing rote of
inlet waters, which in tum causes decreased water quality and affects the aquatic food chain;
and
WHEREAS, a work plan should be developed and should include: flushing rate
analysis, coliform bacteria loadings and sources, watershed drainage analysis and sediment
loads, invasive species evaluation, coastal sediment management, and recommendations and
action plans; and
WHEREAS, the Group for the East End will provide coordination of the project;
and
WHEREAS, The Group to Save Goldsmith Inlet will act as project managers for
implementation of the project and will provide volunteer manpower;, and
WHEREAS, that this Logislatum, by resolution of even date herewith, has
authorized the issuance of $85,668 in Suffolk County Serial Bonds; and
WHEREAS, Resolution No. 471-1994, as revised by Resolution No. 571-1998,
Resolution No. 209-2000 and Resolution No. 461-2006 established the use of a priority ranking
system, implemented in the Adopted 2008 Capital Budget, as the basis for funding capital
projects such as this project; now, therefore be it
RESOLVED, that it is hereby deten~ined that this project, with a pdority ranking
of thirty-nine (39) is eligible for approval in accordance with the provisions of Resolution No.
471-1994 as revised by Resolution No. 571-1998, Resolution No. 209-2000 and Resolution No.
461-2006; and be it fuffher
2~ RESOLVED, that the 2009 Capital Budget and Program be and is hereby
amended as follows:
Project Numhec 1755
Project Title: Infrastructure Improvements for Traffic and Public Safety and Public Health
Current Revised
2010 2010
Total Capital Capital
Est'd Budget & Budget &
Cost Elements Cost Pr(~gram Pro~lmm
3. Construction $193,332 $279,000 B $193,332 B
TOTAL $193,332 $279,000 $193,332
Project Number.8207
Project Title: Improvements to Goldsmith Inlet, Town of Southold
Cun'eet Revised
2010 2010
Total Capital Capital
Est'd Budget & Budget &
Cost Elements Cost Pro~lmm Prof:lmm
1. Planning $85,668 $0 $85,668 B
TOTAL $85,668 $0 $85,668
and beitfurther
3~ RESOLVED, that the proceeds of $85,668 in Suffolk County Serial Bonds be and
they hereby are appropriated as follows:
Project Number
525-CAP-8207.110
Project T~le
Improvements to Goldsmith Inlet, Town of
Southold
and b e it fu~her
4a RESOLVED, that the County Comptroller and the County Treasurer are hereby
authorized and empowered to take all steps necessary and appropriate to effectuate the
transfer of this funding forthwith; and be it further
5a RESOLVED, that this Legislature, being the lead agency under the State
Environmental Quality Review Act ("SEQRA'), Environmental Conservation Law Article 8,
hereby finds and determines that this law constitutes a Type II action, pursuant to Section 617.5
(C) (18), (21) and (27) of Trtle 6 of New York Cede of Rules and Regulations ('N¥CRR'), in that
the law authorizes information collection, including basic data collection and research, and
preliminary planning processes necessary to formulate a proposal for an action, but does not
commit the County to commence or approve an action. Since this law is a Type II action, the
Legislature has no further responsibilities under SEQRA.
2
DATED: OctoberAPPROV12, 201~ ~
County ~ecutive ,of Suff.,,~County
Date: 10/..~ 7/0 /
3
SUFFOLK COUNTY
County Legislature
RIVERHEAD, NY
3~f~ f~ to Certify 3~zt .~, TIM LAUBE, Clerk of the County
Legislature of the County of Suffolk, have compared the foregoing copy of
resolution with the odginal resolution now on file in this office, and
which was duly adopted by the County Legislature of said County on
October 12, 2010 and that the same is a true and
correct transcript of said resolution and of the whole thereof.
]'~. '~(tw. es$ ~H/f[e'reo~ [have hereunto set my hand and the
offidal seal of the County Legislature of the County of Suffoly /
~//
Clerk of the Legislature
Intro. Res. No. 1338-2011 Laid on Table 4/26/2011
Introduced by Legislator Romaine
RESOLUTION NO.3 ~o~-201t, AMENDING RESOLUTION NO.
gt3-2010, AMENDING THE 2010 CAPITAL BUDGET AND
PROGRAM AND APPROPRIATING FUNDS IN CONNECTION
WITH IMPROVEMENTS TO GOLDSMITH INLET, TOWN OF
SOUTHOLD (CP 8207)
WHEREAS, Resolution No. 913-2010 amended the County's Capital Budget to
appropriate funds in connection with improvements to Goldsmith Inlet in the Town of Southold;
and
WHEREAS; the Town of Southold is reeponsible for the care and maintenance of
Goldsmith Inlet and is the most qualified municipality to administer this project; and
WHEREAS, Resolution No. 913-2010 must be amended to authorize the County
to enter into an intermunicipal agreement with the Town of Southold for the edministmtien of this
project; and
WHEREAS, the County of Suffolk should amend Resolution 913-2010 to make
this necessary change; now, therefore be it
1st RESOLVED, that Resolution No. 913-2010 is hereby amended to include a new
4~ RESOLVED clause to read as follows:
4th RESOLVED, thai; the County of Suffolk is hereby directed to enter into an
Inl;ermunicipal a.qreement with the Town of Southold allowina the Town to administer this
ro'ect' a d be' further
2nd RESOLVED, that all RESOLVED clauses subsequent to the new 4~ RESOLVED
in Resolution No. 913-2010 shall be renumbered in sequential order;, and be it further
3rd RESOLVED, that this Legislature, being the State Environmental Quality Review
Act (SEQRA) lead agency, hereby finds and determines that this resolution constitutes a Type II
action pursuant to Section 617.5(c)(20), (21) and (27) of Tibe 6 of the NEW YORK CODE OF
RULES AND REGULATIONS (6 NYCRR) and within the meaning of Section 8-0109(2) of the
NEW YORK ENVIRONMENTAL CONSERVATION LAW as a promulgation of regulations,
rules, policies, procedures, and legislative decisions in connection with continuing agency
administration, management and information collection, and the Suffolk County Council on
Environmental Quality (CEQ) is hereby directed to circulate any appropriate SEQRA notices of
determination of non-applicability or non-significance in accordance with this resolution.
DATED: ~y
SUFFOLK COUNTY
County Legislature
RIVERHEAD, NY
3~l~f~ ~ to Certify 3't~t ~T, TIM ~UBE. Cle~ of lhe Coun~
L~bla~m of ~ ~unW of Suffolk, ~ve ~m~r~ ~e ~1~ ~py of
~1~ ~ ~ o~i~1 r~l~on ~ on file in ~is offi~ a~
whi~ ~ dun ~pt~ by ~ ~n~ L~ls~m of ~M ~n~ on
N~ ~0, 2011 a~ ~at ~e ~me is a tr~ and
~ ~n~Hpt of ~id m~lu~n a~ of ~ ~ole ~e~f.
[~ ~s~ ~eo~: have hereunto set my hand and the
offic~l ~1 of ~ ~unW L~i~m of ~e ~unW of S~k.
Clerk of the Legislature
Suffolk County Form 22
Contractor's/Vendor's Public Disclosure Statement
Pursuant to Section A5-7 of the Suffolk County Administrative Code, this Public Disclosure Statement
must be completed by all contractors/vendors that have a contract with Suffolk County, with the
exception of hospitals; educational or governmental entities; not-for-profit corporations; and
contracts providing foster care, family day care providers, or child protective consulting services,
who do not have to fdl out this form at all.
Con~actor's~Vendor'sName TOWN OF SOUTHOLD
City and State ._.~oc&-(-~O (c~- /43 ~' Zip Code
2. Contracting Deparmaent s Name Suffolk County Department of Public Works
Address 335 Yaphank Avenue, Yaphank, NY 11980
5.b
Payee Identification or Social Security No. l [-- ~o OrE) ./?, '~ ?
Type of Business __Corporation .__Partnership __Sole Proprietorship xOther Municipality
Is contractor/vendor entering in~_ or has contractor/vendor entered into a contract with Suffolk
County in excess of$1,O00? j,~Yes __No.
Has contractor/vendor entered into three or more contracts, including the one for which you are
now e~mP~v~,g this form, with Suffolk County, any three of which, when combined, exceed
$1,000. _Yes __No.
Table of Organization. List names and addresses of all principals; that is, all individuals serving
on the Board of Directors or comparable body, names and addresses of all partners, and names
and addresses of all corporate officers. Conspicuously identify any person in this table of
organization who is also an officer or an employee of Suffolk County. (Attach additional sheet if
necessary.)
N/A
List all names and addresses of those individual shareholders holding more than five percent
(5%) interest in the contractor/vendor. Conspicuously identify any shareholder who is also an
officer or an employee of Suffolk County. (Attach additional sheet if necessary).
N/A
Does contractor/vendor derive 50% or more 9f its total revenues from its contractual or vendor
relationship with Suffolk County? .Yest/N No.
Page 1 of 3 Public Disclosure Form
10.
If you answered yes to 8 above, you must submit with this disclosure statement, a complete
financial statement listing all assets and liabilities as well as a profit and loss statement. These
statements must be certified by a Certified Public Accountant. (Strike this out if not applicable.)
The undersigned shall include this Contractor's/Vendor's Public Disclosure Statement with the
contract. (Describe general nature of the contract.)
Improvements to Goldsmith Inlet
11.
12.
Remedies. The failure to file a verified public disclosure statement as required under local law
shall constitute a material breach of contract. Suffolk County may resort, use or employ any
remedies contained in Article II of the Uniform Commercial Code of the State of New York. In
addition to all legal remedies, Suffolk County shall be entitled, upon a determination that a
breach has occurred, to damages equal to fifteen percent (15%) of the amount of the contract.
Verification. This section must be signed by an officer or principal of the contractor/vendor
authorized to sign for the company for the purpose of executing contracts. The undersigned
being sworn, affirms under the penalties of perjury, that he/she has read and understood the
foregoing statements and that they are, to his/her own knowledge, me.
Dated:
Printed Name of Signer:
Title of Signer:
Name of Contractor/Vendor:
UNIFORM CERTIFICATE OF ACKNOWLEDGMENT
(Within New York State)
STATE OF NEW YORK)
COUNTY OF J',x3e~j~ss.:
On the /O4~ay of ~,~, in ~e ye~ 20~before me, ~e ~dersi~ed, pe~o~ly appe~ed
~~ ~ rd~/~rsonflly ~om to me or proved to me on ~e b~is of safisfacto~ e~dence
to be ~e indidd~ whose nme~ is (~) subscribed to ~e ~n ins~ent ~d ac~owledged to
me that he/zk:/~:7 executed ~e s~e ~ ~ capaci~(~ ~d ~t by hi~d~ si~e~
on the ins~ent, ~e individufl(~), or ~e pe~on upon beha~ of whch ~e ~dividufl~ acted, executed
~e ~s~ent.
(Si~e ~d o[fice of indi~:dual ~g ac~owledgement)
LINDA J COOPER
NOTARY pUBLiC, State o~ New York
No. o~C0482~s63n%5?°J~ ~%u7~ Page 2 of 3 Public D~closure Form
Term Expires ueceu,u~, o,, , (
LOCAL LAW 25 AS AMENDED
PURSUANT TO LOCAL LAW NO. 25-1990, AS AMENDED, THE FOLLOWING ITEMS ARE TO BE
COMPLETED BY ALL CONTRACTORS.
Reference:
LOCAL LAW 14-1976
LOCAL LAW 6-1979
LOCAL LAW 28-1993
LOCAL LAW 28-2004
The entity signing this document acknowledges that they have read and are familiar with the provisions of
Local Law 25-1990 as amended.
Do you possess a record of felony conviction(s) within the ten years preceding the date of submission of
the bid involving the offeuse(s) of extortion, coercion, bribery, theft, fraud, violence (specifically relating to
business, labor or commerce) sabotage, collusive bidding/bid rigging, combination in restraint of trade,
conspiracy anj;~or attempts of any of these offenses?
Yes '9r No
Has your fwra/corpomtion, association, partnership, institution, joint venture, or joint stock association been
convicted of any of the offenses listed in question 2 above with~ the ten years preceding the date of the bid
on this municipal project or contract?
Yes ~tr No
If a corperaiion, are there any shareholders owning over 5% of the outstanding shares of the corporation, or
officers of the cgrpomtion who have been convicted of a felony criminal conviction(s) within the ten years
preceding the~t~te of submission of the bid involving uny of the offense(s) listed in question 2 above?
Yes ¥ No
Does any relative within the third degree of coasunguinity of un officer of the firm/corporation or cfa
shareholder owning over 5% of the outstanding shares of the corporation possess a record cfa felony
conviction within the ten years preceding ~ date of submission of this bid involving any of the offenses
listed above in question 2? Yes N/No
If the response to any question is yes, state the offense, date of conviction and court of conviction.
OFFENSE DATE OF CONVICTION COURT
If the answer to any of the questions above is yes you will be determined to be a "non-responsible
bidder", except as permitted by Local Law 25-1990 as amended.
Any contract entered into in violation of this law shall be null and void ab initio and any entity entering into
such agreement shall not be entitled to any compensation pursuant to said agreement.
Any intentional or knowing misrepresentation made pursuant to the requirements of Local Law 25-1990 as
amended shall constitute an unclassified misdemeanor, and the person making such intentional or knowing
misrepresentation shall be subject to punishment cfa fmc of $1,000 and/or up to one year ofimprisoument
and shall be ban'ed from bidding on future County contracts. Each such violation shall constitute a separate
and distinct offense.
Page 1 of 2
Verification. This section must be signed by an officer or principal of the contractor/vendor authorized to
sign for the company for the purpose of executing contracts. The undersigned being sworn, affirms under
the penalties of perjury, that he/she has read and understood the foregoing statements and that they are, to
his/her own knowledge, true ~' ~,~ .
Dated: c~- /4~-I'L
Printed Name of Signer:
Title of Signer:
Name of Conlxactor/Vendor:
UNIFORM CERTIFICATE OF ACKNOWLEDGEMENT
(Within New York State)
STATE OF NEW YORK),
COUNTY O F$/./~-~c~-~k ss.:
On the /{)~"day of ~,~ in the year 20J. a~before me, the undersigned, personally appeared
..f~ personally known to me or proved to me on the basis of satisfactory evidence to be the
individnal(~) whose name(r0 is (,~) subscn"oed to the within insmunent and acknowledged to me that hed~cY, kzy
executed the same in his/'ae, rdIlm~ napacity(i~.) and that by his/l~4~-~ signa~ on the ins~naneut, the
individual(Il), or the person upon behalf of which the individual(J) acted, executed the instrument.
(signature and'office of~mdividual {aking acknowledgement)
LIND^ J GOOPEB
NOTAF[¥ PUBLIC, State o! Now York
NO. 01CO4822563, Suffolk County
Term Expires December 31, 20//(~J.
UNIFORM CERTIFICATE OF ACKNOWLEDGEMENT
(Without New York State)
STATE OF )
COUNTY OF )
On the day o[ in the year 20~ before me, the undersigned, personally
appeared personally known to me or proved to me on the basis of,satisfactory
evidence to be the individual(s) whose name(s) is (are) subscribed to the within insU~anent and acknowledged to me
that he/she/they executed the same in his/her/their capacity(les) and that by his/her/their signature(s) on the
insu-ument, the individual(s), or the person upon bshalf of which the individual(s) acted, executed the instrtunent,
and that such individual(s) made such appearance before the undersigned
(Insert the city or other political subdivision and the state or country or other place the acknowledgement was taken)
(signature and office of individual taking acknowledgement)
Page 2 of 2
Check if
applicable
SUFFOLK COUNTY DEPARTMENT OF LABOR - LIVING WAGE UNIT
LIVING WAGE CERTIFICATION/DECLARATION - SUBJECT TO AUDIT
If either of the following definitions of 'compensation' (Living Wage Law Chapter 347 - 2) applies to the coutractor's/recipient's
business or transaction with Suffolk County, the contractor/recipient must complete Sections 1, 3, 4 below; and Form LW-1
(Notice of Applicntiun for County Compeasntiun). If the following definitions do not apply, the contractor/recipient must
complete Sections 2, 3 and 4 below. Completed forms must be submitted to the awarding agency.
"Any grant, loan, tax ~ncentive or abatement, bond financing subsidy or other form of compensation of more that $50,000 which is
realized by or provided to an employer of at least ten (10) employees by or through the authority or approval of the County of Suffolk," or
"Any service contract or subcontract let to a contractor with ten (10) or more employees by the County of Suffolk for the furnishing of
services to or for the County of Suffolk (except contracts where services are incidental to the delivery of products, equipment or
commodities) which involve an expenditure equal to or greater than $ I 0,000. For the purposes of this definition, the araount of
expenditure for more than one contract for the same service shall be aggregated. A contract for the purchase or lease of goods, products,
equipment, supplies or other property is not 'compensation' for the purposes of this definition."
Section I The Living Wage Law applies to this contract. I/we hereby agree to comply with all the provisions of Suffolk County
Local Law No. 12-2001, the Suffolk County Living Wage Law (the Law) and, as such, will provide to all full, part-time
or temporary employed persons who perform work or render services on or for a project, matter, contract or subcontract
where this company has received compensation, from the County of Suffolk as defined in the Law (compensation) a
wage rate of no less than $11.27 ($9.25 for child care providers) per hour worked with health benefits, as described in
the Law, or otherwise $12.8~ ($10.50 for child care providers) per hour or the rates as may be adjusted annually in
accordance with the Law. (Chapter 347-3 B)
I/we further agree that any tenant or leaseholder of this company that employs at least ten (10) persons and occupies
property or uses equipment or property that is improved or developed as a result of compensation or any contractor or
subcontractor of this company that employs at least ten (1 O) persons in producing or providing goods or services to this
company that are used in the project or matter for which this company has received compensation shall comply with
all the provisions of the Law, including those specified above. (Chapter 347-2)
Section II
I/we further agree to permit access to work sites and relevant payroll records by authorized County representatives for
the purpose of monitoring compliance with regulations under this Chapter of the Suffolk County Code, investigating
employee complaints of noncompliance and evaluating the operation and effects of this Chapter, including the
production for inspection & copying of payroll records for any or all employees for the term of the conlract or for five
(5) years, whichever period of complianee is longer. All payroll and benefit records required by the County will be
maintained for inspection for a similar period of time. (Chapter 347-7 D)
The County Department of Labor shall review the records of any Covered Employer at least once every three years to
verify compliance with the provisions of the Law. (Chapter 347-4 C)
The Living Wage Law does not apply to this contract for the following reason(s):.
Check if
applicable
Sect/on III
Contractor Name:
ConWactor Address:
Contractor Phone #:
Description of project or service:
Section IV
I declare under penal~ of perjury under the Laws &the State of New York that the undersigned is authorized to provide this certification,
and that the above i~,~e and corrj~
Authorized Sigr[ature ' ' _'~ ' - __ j , Date
~rint Name and Titl~ of Auth0rized Representad{,e ~r
Ro'iscd 10/11
INTER-MUNICIPAL AGREEMENT
FOR IMPROVEMENTS TO GOLDSMITH INLET (CP-8207)
BETWEEN TOWN OF SOUTHOLD AND SUFFOLK COUNTY DPW
LIVING WAGE CERTIFICATION/DECLARATION
STATEMENT
Mark Terry, Principal Planner for the Town of Southold, is paid at or above the
Living Wage and receives at least 12 compensated days off (holidays, vacation,
sick, personal).
TOWN O~OUTHOLD
Scott A. Russell, Supervisor
Dated: 02 -
Suffolk Coumy, New York
D~paranent of Labor
SUFFOLK COUNTY DEPARTMENT OF LABOR - LABOR MEDIATION UNIT
I~NION ORGANIZING CERTIFICATION/DECLARATION - SUBJECT TO AUDIT
If the following definition of "County Contractor" (Union Organizing Law Chapter 466-2) applies to the
coatractor's/beueficiary's busings or transaction with Suffolk County, the contractorlbeuefl¢lary most complete Sections I,
Ill, and IV below. If the following definitions do not apply, tbe cootractorfoenefleiary must complete Sections il, HI and IV
below. Completed forms must be submitted to the awarding agency.
County Contractor: "Any employer that receives more than $50,000 in County funds for supplying goods or services pursuant to a
written contract with the County of Suffolk or any of its agencies; pursuant to a Suffolk County grant; pursuant to a Suffolk County
program; pursuant to a Suffolk County reimbursement for services provided in any calendar year; or pursuant to a subcontract with
any of the above."
Section 1
The Union Organizing Law applies to this contract. I/we hereby agree to comply with all the provisions of Suffolk
County Local Law No. 26-2003, the Suffolk County Union Organizing Law (the law) and, as to the goods and/or
services that are the subject of the contract with the County of Suffolk shall not use County funds to assist, promote,
Check if or deter union organizing (Chapter 466-3 A), nor seek reimbursement from the County for costs incurred to assist.
Applicable promote, or deter union organizing. (Chapter 466-3 B)
I/we further agree to take all action necessary to ensure that County funds are not used to assist, promote, or deter
union organizing. (Chapter 466-3 H)
I/we further agree that I/we will not use County property to hold meetings to assist, promote, or
deter union organizing. (Chapter 466-3E)
l/we further agree that if any expenditures or costs incurred to assist, promote, or deter union organizing are made,
I/we shall maintain records sufficient to show that no County funds were used for those expenditures and, as
applicable, that no reimbursement from County funds has been sought for such costs. I/we agree that such records
shall be made available to the pertinent County agency or authority, the County Comptroller, or the County
Deparh~ent of[aw upon request. (Chapter 466-3 I)
I/we further affirm to the following ss to the goods and/or services that are the subject of the contract with the
County of Suffolk:
· I/we will not express to employees any false or misleading information that is intended to influence the
determination of employee preferences regarding union representation;
· I/we will not coerce or intimidate employees, explicitly or implicitly, in selecting or not selecting a bargaining
representative;
· i/we will not require an employee, individually or in a group, to at~end a meeting or an event that is intended to
influence his or her decision in selecting or not selecting a bargaining representative;
· 1/we understand my/our obligation to limit disruptions caused by prerecognition labor disputes through the
adoption ofnoncunfrontational procedures for the resolution of prereeognition labor disputes with employees
engaged in the production of goods or the rendering of services for thc County; and
· I/we have or will adopt any or all of the above-referenced procedures, or their functional equivalent, to ensure
the efficient, timely, and quality provision of goods and services to the County. l/we shall include a list of said
procedures in such certification.
Section I1
The Union Organizing Law does not apply to this contract for the following reasun(s):
Check if
Applicable
DOL-LO1 (3/5/08)
Suffolk County, New York
Department of Labor
Section III
Contractor Name:
Cunt~acWr Address:
Contractor Phone #:
Descripfionofprojectorservice: Improvements to Goldsmith Inlet CP 8207
Section IV
In the event any part of the Union Organizing Law, Chapter 466 of the Laws of Suffolk County, is found by a court of competent
jurisdiction to be preempted by federal and/or state law, this certification/declaration shall be void ab initio.
Section V
I declare undcr_l~_~alty of perjury under the Laws of the State of New York that the undersigned is authorized to provide this
cerfifica~the~
o2-/o
Authorizec]' Signature Date
ITrint Name md Title of Authorized R~presentativ~
DOL-LO1 (3/5/08)
SUFFOLK COUNTY DEPARTMENT OF LABOR
NOTICE OF APPLICATION TO CERTIFY COMPLIANCE WITH FEDERAL LAW
(8 U.S.C. SECTION 1324A)
WITH RESPECT TO LAWFUL HIRING OF EMPLOYEES
Suffolk Count~ Code, Cha~ter 234 ~2006~
To Be ComDleted By A~licantl Covered EmFloyer//Owner
EMP OYE vcom'.a Us ss coMP, 'VN, viE: . 7f o o.' oP
2) NOT-FOR-PROFrr: YES__ NO__ (SUBMIT PROOF OF IRS NOT-FOR-PROFrr STATUS
3) VENDOR#: 4) **CONTRACT ID: 8207
(Ifk~own) (If. known)
5) CONTACT: .M~t
7) TERM OF CONTRACT OR EXTENSION (PROVIDE DATES):
8) AMOUNT OF CONTRACT OR EXTENSION:
9) BRIEF DESCRIPTION OF PROJECT OR SERVICE Tmprovement$ to Goldsmith Tnlot
TowncO~ Southold
SUBCONTRACTOR:
1) ADDRESS:
2) VENDORg: 3) TELEPHONE #:
4) CONTACT:
5) DESCRIPTION OF COMPENSATION, PROJECT OR SERVICE:
EVIDENCE OF COMPLIANCE:
COPIES OF THE FOLLOWING MUST BE MAINTAINED BY COVERED EMPLOYERS OR THE
OVgNERS THEREOF FOR EACH EMPLOYEE FOR THE TIME PERIODS SET FORTH IN SUFFOLK
COUNTY CODE, CHAPTER 2:}4, SECTION 5 (C):
A. United States passport; or
B. resident alien card or alien registration card; or
C. birth certificate indicating that person was born in the United States; or
D. (1) a driver's license, flit contains a photograph of the individual; and
(2)a social security account number card (other than such a card which
specifies on its face that the issuance of the card does not authorize
employment in the United States); or
E. employment authorization documents such as an H-lB visa, H-2B visa,
and L-I visa, or other work visa as may be authorized by the United
States Government at the time the County contract is awarded for ali
covered employees. LHE-1 (03/07)
AFFIDAVIT OF COMPLIANCE
WITH Tlq~ REQUIREMENTS OF
8 U.S.C. SECTION 1324a
WITH RESPECT TO LAWFUL HIRING OF EMPLOYEES
State of New York
County of .S
-~.~:Y~ ~. ~_~Sff~/~beingdulyswom, deposed and says:
(Print Name of Deponent)
(Circle one) (Name of Corp., Business, Company)
I certify that I have complied, in good faith, with the requirements of Title 8 of the United
States Code (U.S.C.) section 1324a (Aliens and Nationality) with respect to the hiring of
covered employees and with respect to the alien and nationality status of the owners
thereof, as set forth in Suffolk County Code Chapter 234 (2006).
Swom to before me this /~ day
of ,20
(Notdry ~°ublio~
LINDA J COOPER
NOTARY PUBLIC, State of New
NO. 01CO4822563, Sufiolk COL,.
Term Expires December 31, 20. ~
LI-~-2
(01/07)