HomeMy WebLinkAboutPeconic Bay Estuary ProgramRESOLUTION 2013-103
ADOPTED
DOC ID: 8518
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-103 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 29, 2013:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Amendment to State Assistance Contract Form
between the Town of Southold and the New York State Department of Environmental
Conservation in connection with a no-cost extension of time extending the term of Contract
#C303426 (Peconic Bay Estuary Program) to March 31,2014, subject to the approval of the
Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Christopher Talbot, Councilman
AYES: Ruland, Talbot, Doherty, Evans, Russell
ABSENT: Albert Krupski Jr.
ORIGINAL
AMENDMENT TO STATE ASSISTANCE CONTRACT
between
TOWN OF SOUTHOLD
and
STATE OF NEW YORK DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CONTRACT NO. C303426
AMENDMENT NO. 2
THIS AMENDMENT, entered imo by and between the STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION (hereinafter referred to as the
"Department"), having offices at 625 Broadway, Albany, New York 12233, and TOWN OF
SOUTHOLD (hereinafter referred to as the "Recipient"), with offices located at P.O. Box 1179,
Southold, New York 11971. This amendment shall become incorporated into the above
referenced contract.
WITNESSETH:
WHEREAS, the parties entered into a prior State Assistance Contract which was duly
assigned Contract number C303426 which said Contract the parties now desire to amend for a
no-cost time extension; and
WHEREAS, the Department originally agreed to provide state assistance to the Town of
Southold for a Stormwater Remediation Project as identified in the Peconic Estuary Program
"Hashamomuck Pond Watershed Management Plan"; and
WHEREAS, the Town of Southold is requesting a no-cost time extension for this
contract. The Town needs this additional time to complete the work outlined in the scope of
work due to unexpected delays over this past year; therefore an extension on this contract to
March 31, 2014 is necessary to complete this project; and
WHEREAS, the Contract provides for a no-cost time extension for the Contract in Article
3 - Contract Term; and
NOW THEREFORE, the parties hereto agree as follows:
Article 3 is revised by extending the completion date from March 31, 2013 to March 31,
2014.
Article 4. General Conditions - paragraph (m) is added with the following language: Any
proposed modification to this Contract that will result in a transfer of funds among
program activities or budget cost categories, but does not affect the amount,
consideration, scope or other terms of the Contract will require Department approval and
must be submitted to the Comptroller for approval when: 1) the amount of the
modification is equal to or greater than ten percent (10%) of the total value of the
Contract for contracts of less than five million dollars; or 2) the amount of the
modification is equal to or greater than five percent (5%) of the total value of the Contract
for contracts of more than five million dollars.
Appendix A - State Standard Clauses for NYS Contracts dated December 2011 is hereby
revised and replaced with Appendix A - State Standard Clauses for NYS Contracts dated
December 2012.
4. Article 11 - Iran Divestment Act Requirements are added to the contract:
As a result of the Iran Divestment Act of 2012 (Act), Chapter 1 of the 2012 Laws of New
York, a new provision has been added to the State Finance Law (SFL), § 165-a, effeqtive
April 12, 2012.
By entering into this Contract, the Recipient certifies that it is not on the "Entities
Determined To Be Non-Responsive Bidders/Offerers Pursuant to The New York State
Iran Divestment Act of 2012" list ("Prohibited Entities List") posted on the OGS website
at: http://www.ogs.ny.gov/about/regs/docs/I.isto~Entities.pdf and further certifies that it
will not utilize on such Contract any subcontractor that is identified on the. Prohibited
Entities List. The Recipient agrees that should it seek to renew or extend this Contract, it
must provide the same certification at the time the Contract is renewed or extended. The
Recipient also agrees that any proposed Assignee of the Contract will be required to
certify that it is not on the Prohibited Entities List before the Department may approve a
request for Assignment of Contract.
During the term of the Contract, should the Department receive information that a person
(as defined in State Finance Law §165-a) is in violation of the above-referenced
certifications, the Department will review such information and offer the person an
oppor~mity to respond. If the person fails to demonstrate that it has ceased its
engagement in the investment activity which is in violation of the Act within 90 days
after the determination of such violation, then the Department shall take such action as
may be appropriate and provided for by law, rule, or contract, including, but not limited
to, seeking compliance, recovering damages, or declaring the Recipient in default.
The Department reserves the right to reject any request for renewal, extension, or
assignment for an entity that appears on the Prohibited Entities List prior to the renewal,
extension, or assignment of the Contract, and to pursue a responsibility review with the
Recipient should it appear on the Prohibited Entities List hereafter.
All other terms and conditions of Contract number C303426 as amended will remain in
full force and effect.
CONTRACT SIGNATURE PAGE
Contract Number: C303426
Agency Certification "In addition to the acceptance of this contract amendment, I also certify that
original copies of this signature page will be attached to all other exact copies of the subject
contract."
CONTRACTOR SIGNATURE
Dated:
AGENCY SIGNATURE
ATTORNEY GENERAL'S SIGNATURE
N/A
Dated:
Approved:
Thomas P. DiNapoli
State Comptroller
'~" ........
ru ~ ..... %,: C'.. ~.:T~.'LLER
TOWN OF SOUTHOLD
ACKNOWLEDGMENT:
STATE OF NEW YORK )
) SS.:
COUNTY OF SUFFOLK )
Onthe ti b-dayof rr:¢I3~LCC,L~.i in the year 2013 beforeme, the undersigned,
personally appeared ~.' c~-~--(-- ,4'. ~'~'",.~ ~,; ~ [ (' . personally known to me or proved
to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the
within instrument and acknowledged to me that (abe)/(he) executed the same in (~)/(his)
capacity, and that by (Ia~/(his) signature on the instrument, the individual, or the person upon
behalf of which the individual acted, executed the instrument.
-J '~lotary Public, State of New yOrk
~UR£N i, SfANDISH
r, '"~;f?164008
GU* ...,lSu{folkCount~ ~-
I~ommission ~* **'~,~s Apdl 9, 20L~
STAND, ND CIAgSES FOIl NYS ~ gl'ltl
STANDARD CLAUSES FOR NYS CONTRACTS
The parties to the attached contract, license, lease, amendment
or other agreement of any kind (hereinat%r, "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, Iicensee, 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 XI of the 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 the 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 the State Finance Law.
3. coMPTROLLER'S APPROVAL. In accordance with
Section 112 of the State Finance Law (or, if this contract is
with the State University or City University of New York,
Section 355 or Section 6218 of the Education Law), if this
contract exceeds $50,000 (or the minimum thresholds agreed
to by the Office of the State Comptroller for certain S.U.N.Y.
and C.U.N.Y. contracts), or if this is an amendment for any
amount to a contract which, as so amended, exceeds said
statutory amount, or 'if, by this contract, the State agrees to
give something other than money when the value or
reasonably estimated value of such consideration exceeds
$10,000, it shall not be valid, effective or binding upon the
State until it has been approved by the State Comptroller and
filed in his office. Comptroller's approval of contracts let by
the Office of General Services is required when such contracts
exceed $85,000 (State Finance Law Section 163.6-a).
However, such pre-approval shall not be required for any
contract established as a centralized contract through the
Office of General Services or for a purchase order or other
transaction issued under such centralized contract.
Page
4. WORKERS' COMPENSATION BENEFITS. In
accordance with Section 142 of the State Finance Law, this
contract shall be void and of no force and effect unless the
Contractor shall provide and maintain coverage during the 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 Human Rights Law)and all other State and
Federal statutory and constitutional non-discrimination
provisions, the Contractor will not discriminate against any
employee or applicant for employment because of race, creed,
color, sex, national origin, 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 fines of $50.00
per person per day for any violation of Section 220-e or
Section 239 as well as possible termination of this contract
and forfeiture of all moneys due hereunder for a second or
subsequent violation..
6. WAGE AND HOURS PROVISIONS. If this is a public
work contract covered by Article 8 of the Labor Law or a
building service contract covered by Article 9 thereof, neither
Contractor's employees nor .the employees of its
subcontractors may be required or permitted to work more
than the number of hours or days stated in said statutes, except
as otherwise provided in the Labor Law and as set forth in
prevailing wage and supplement schedules issued by the State
Labor Department. Furthermore, Contractor and its
subcontractors must pay at least the prevailing wage rate and
pay or provide the prevailing supplements, including the
premium rates for overtime pay, as determined by the State
Labor Department in accordance with the Labor Law.
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
December, 2012
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 perjmy, that its bid was
arrived at independently and without collusion aimed at
restricting 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-f of the Labor Law and Section
139-h of the State Finance Law, if this contract exceeds
$5,000, the Contractor agrees, as a material condition of the
contract, that neither the Contractor nor any substantially
owned or affiliated person, firm, partnership or corporation
has participated, is participating, or shall participate in an
international boycott in violation of the federal Export
Administration Act of 1979 (50 USC App. Sections 2401 et
seq.) or regulations thereunder. If such Contractor, or any of
the aforesaid affiliates of Contractor, is convicted or is
otherwise found to have violated said laws or regulations upon
the final determination of the United States Commerce
Department or any other appropriate agency of the United
States subsequent to the contract's execution, such contract,
amendment or modification thereto shall be rendered forfeit
and void. The Contractor shall so notify the State Comptroller
within five (5) business days of such'conviction, determination
or disposition of appeal (2NYCRR 105.4).
9. SET-OFF RIGHTS. Tho 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, without limitation, tax delinquencies,
fee delinquencies or monetary penalties relative thereto. The
State shall exercise its set-off rights in aceurdance with normal
State practices including, in eases 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 (hereinat~er, 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
Page 2
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 ~his
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 timely inform
an appropriate State official, in writing, that said records
should not be disclosed; and (ii) said records shall be
sufficiently identified; and (iii) designation of said records as
exempt under the Statxlte is reasonable. Nothing contained
herein shall diminish, or in any way adversely affect, the
State's right to discovery in any pending or future litigation.
11. IDENTIFYING INFORMATION AND PRIVACY
NOTIFICATION. (a) Identification Number(s). Every
invoice or New York State Claim for Payment submitted to a
New York State agency by a payee, for payment for the sale of
goods or services or for transactions (e.g., leases, easements,
licenses, etc.) related to real or personal property must include
the payee's identification number. The number is any or all of
the following: (i) the payee's Federal employer identification
number, (ii) the payee's Federal social security number, and/or
(iii) the payee's Vendor Identification Number assigned by the
Statewide Financial System. Failure to include such number
or numbers may delay payment. Where the payee does not
have such number or numbers, the payee, on its invoice or
Claim for Payment, must give the reason or reasons why the
payee does not have such number or numbers.
(b) Privacy Notification. (1) The authority to request the
above personal information from a seller of goods or services
or a lessor of real or personal property, and the 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 the Statewide Financial
System by the Vendor Management Unit within the Bureau of
State Expenditures, Office of the State Comptroller, 110 State
Street, Albany, New York 12236:
December, 2012
STANIABD ~,iAIISES FOIl N~ IDOlIT~
12. EOUAL EMPLOYMENT OPPORTUNITIES FOR
MINORITIES AND WOMEN. In accordance with Section
312 of the Executive Law and 5 NYCRR 143, 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~ acquisition, construction, demolition,
replacement, major repair or r~novation 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 conwnitted to expend or does expend funds for the
acquisition, construction, demolition, replacement, major
repair or renovation of real property and improvements
thereon for such project, then the following shall apply and by
signing this agreement the Contractor certifies and affirms that
it is Contractor's equal employment opportunity policy that:
(a) The Contractor will not discriminate against employees or
applicants for employment because of race, creed, color,
national origin, sex, age, disability or marital status, shall
make and document its conscientious and active efforts to
employ and utilize minority group members and women in its
work force on State contracts 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 assigmnent, 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
fnmish 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 representativo 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 "c"
above, in every subcontract over $25,000.00 for the
construction, demolition, replacement, major repair,
renovation, planning or design of real property and
Page 3
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. 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 &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 the extent of such duplication or conflict.
Contractor will comply with all duly promulgated and lawful
rules and regulations of the Department of Economic
Development's Division of Minority and Women's Business
Development pertaining hereto.
13. CONFLICTING TERMS. In the event of a conflict
between the terms of the contract (including any and all
attachments thereto and amendments thereof) and the terms of
this Appendix A, the terms of this Appendix' A shall control.
14. GOVERNING LAW. This contract shall be governed by
the laws of the State of New York except where the Federal
supremacy clause requires otherwise.
15. LATE PAYMENT. Timeliness of payment and any
interest to be paid to Contractor for late payment shall be
guvemed by Article 1 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 &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 &address to which service
ofprocess 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 wan'ants 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 i65 of the State Finance Law, (Use of
Tropical Hardwoods) which prohibits purchase and use of
December, 2012
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 oftbe 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 the 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
operations in Northern Ireland, or (b) shall take lawful steps in
good faith to conduct any business operations in Northern
Ireland in accordance with the MacBride Fair Employment
Principles (as described in Section 165 of the New York State
Finance Law), and shall permit independent monitoring of
compliance with such principles.
20. OMNIBUS PROCUREMENT ACT OF 1992. It is the
policy of New York State to maximize opportunities for the
participation of New York State business enterprises,
including minority and women-owned business enterprises as
bidders, subcontractors and suppliers on its procurement
contracts.
Information on the availability of New York State
subcontractors and suppliers is available from:
NYS Department of Economic Development
Division for Small Business
Alhany, New York 12245
Telephone: 518-292-5100
Fax: 518-292-5884
email: opa(ib~esd.n¥.gov
A directory of certified minority and women-owned business
enterprises is available from:
NYS Department of Economic Development
Division of Minority and Women's Business Development
633 Third Avenue
New York, NY 10017
212-803-2414
email: mwbecertification(&esd.nv.aov
http://esd.n¥.gov/MWBE/director¥Search.html
Page 4
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 $1 million:
(a) The Contractor has made reasonable efforts to encourage
the participation of New York State Business Enterprises as
suppliers and subcontractors, including certified minority and
women-owned business enterprises, on this project, and has
retained the documentation of these efforts to be provided
upon request to the State;
(b) The Contractor has complied with the Federal Equal
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 fromToreign 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 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,
December, 2012
STAllO~lm CtAgSES FOR lOS eONTII~eTS
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 I0 of
the Laws of 2006), the Contractor shall timely, accurately and
properly comply with the requirement to submit an annual
employment report for the conh-act to the agency that awarded
the contract, the Department of Civil Service and the State
Comptroller.
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 failnre 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.
Page 5 December, 2012