HomeMy WebLinkAboutFPIG Round 11-C800655-Demchak Southold Town Board - Letter Board Meeting oI'May 20, 2008
RESOLUTION 2008-529 Item#
ADOPTED DOC ID: 3882
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-529 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 20, 2008:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Saa :e�°aPiswrax° Sca tt Allusscll to e cc�at'c C"w@e w lN°orli State Department of A uricullture and
Markets Contract C800655 in connection with Agricultural and Farmland Protection
Implementation Grant in the amount of$1,166,946 for the term December 20, 2007 through
March 31, 2010, all in accordance with the approval of the Town Attorney.
a
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Orlando, Councilman
SECONDER: Albert Krupski Jr., Councilman
AYES. Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
Generated May 22, 2008 Page 35
AGREEMENT
New York State Contract Number: C800655
Department of Agriculture and Markets
10B Airline Drive
Albany, NY 12235-0001 Amount of Agreement: $19166,946
Agency Code 06000
AGRICULTURAL AND FARMLAND PROTECTION Contract Period: 12/20/07 to 3/31/10
IMPLEMENTATION GRANT
Municipal Code: 4703-7900-0000
Contract Authority: Agriculture and Markets Law, Article 25-AAA
Contractor Name/Project Sponsor: Town of Southold
Street: 53095 Route 25 City: Southold State: NY Zip: 11971-0959
P.O. Box 1179
Billing Address (if different from above):
Street: City: State: Zip:
Title/Description of Project: Agricultural & Farmland Protection Implementation Grant
..... ....... . ._
THIS AGREEMENT INCLUDES THE FOLLOWING: FOR AMENDMENTS CHECK THOSE THAT APPLY:
This Coversheet ❑ Additional Work If Increase/Decrease in Amount:
Appendix A(Standard Clauses for all New York State ❑ Extension of Time
Contracts) From to Previous Amount: $
® Appendix B (Project Budget) ❑ Increase Amount Increase/decrease
® Appendix C (Award Letter(s) & Portion of Applicant's Proposal) ❑ Decrease Amount
® Appendix D (The Department's General Conditions) ❑ Revised Budget New Total: $
® Appendix E (Final Report Documentation Checklist) ❑' Revised Scope of Work
El Appendix F Other(Identify) ❑ Other
The Contractor and the Department agree to be bound by the
terms and conditions contained in this Agreement.
CONTRACTOR NYS DEPARTMENT OF AGRICULTURE &
MARKETS
Si nature :zz:;
Contractor'g sentative, Signature of Authorized Office l:
—
Date T �� t
. ......��..... ......__.. e 2 .02
Typed or Printed Name of Above f" epresen 4" f A Typed o Printed Name of Above Official:
. Scott Fw5tN ....... .6. . . .. ... m .
2 Fw T....I" . l.dr t-i� Y
�� First Deputy Commissioner
Title of Authorized Representative: � � p q rltle t f WTiorized Official:
a
Southold "ovadr Ss� ,gel�vio "
.. O�before me State Age the acceptance
Notary Public On this ay of ce
personally sled if this co nature I 1""pp r ��- � :� ecu Ina l copies of this
me known,and . rs who executed sl bt er exact copies
the above Ir9trAlmrAA- e "fie e r �9atlon of the of this cor Tact.
same. NOTARY
JUN rroz #tt3. 2 0 l� U
�... � �
MY COMMISSION k XPR SS DEC„ A _ .
Attorney General: Approved t ptrllr ;1018,
By:
Date: M �
DEPT OF LAND
PRESERVATION
I
STA110ARD CLAUSES FGH HYS C89TRACTS
STAtT-kRI) CLAT-IS'-PS FQRNrYS CQN7R-ACTS performance of work under this 'iCCt tri fift:"
of $50.00 per person per day ftir any Violation of' Sccllcni 226-e or
T'lic to ora attric1lod canna a rcrujination of this contract and
ainendm-,M OF Section 239 as well as possible -:ir a sv�mnd Fx qF �L. , t
o(lacr agra,,z I lncril of arly klnd Oicrrurafv-, 'hit cctnrrac:t" or "this forfeiture of an moneys due bereunder fi. lbs rltwn
(,,OjjrnacFt
tll) Tetl to bn bound by tht follOw"It=7 clauscr�, �whe jjcji ar- r--rly Violation.
madt I Dart of Out cuaF,,j (hjC WI)rCl "C01111"LlCtOr" VII-TC111 to arca'
pany r.ith,-¢ than tilt 502M,wh--th-r I-oltu-'actor,1I=rrsL1, lessox, ii. WAGE A-Nq2 ff thl� Is a pulonc, worl,,
lessee or any other party): csora wact oovumd by Artkle 8 of' the LL-,ux or a butich'ag. =7vice�abor
conuraci covered by rtit,d. 9 th--retriC, neither cillpirlyte;,
In accordance with Section 41 of the nf)l die erriph)y= of its subcankTactiors may be required or perinirte d to
Sum Finance Law, the Stale shall have no liability under this contract to word illorc thaTi the number of hour-, or days .hated al Said statutes,
the Crinjray.jot Fj- to ,glyant else beyond funds appropriated and
,pt it, otherwise ptrwided in the, Labor Law arid as set forth In
available,for this contract. Plevuifing; WaRt luld sUpplcrn.-lst s"t'hedules issued by lht'. Statt Labor
DepartancriL Furthcunov-',Contractor arid Its subcontractan inust pay at
g
in accor&alce With Section Ds 01 lem-st the pr=aiThfW C Mle, and PRY OT Provide tlI e Preva ilin
the Slate j:unirtct i,,;jw, tbicontract mly lim bt assigned by the supplenle1%, circ ludrng tile Pre-Trullin 1`231= for ovr.,rtinic pay, as
C,orivraraor or in; rigilL, title. coin triterem, themin assigned, transferrers.,transferrers., dcerTnjncd by the Snitc Lahor Department In at=irdanm- with the Labor
collyc'!e!d, "'ablct OF ciffiarwisk,riisposiwd ot''WithoUt the PrI-VIOUS cilosa,MI, Law
In Wliting, 0( air, stlnL� alld Liny aftelmin, to as'sign tile Contract Wifiloul,
-1 BIT)D['NC; (--F2R'T71TF1CATJ0M In a"ordalicc
t1aF 'T"M -AAIntIrR)T lot Y, 7. Ng
curiscra arL null alid void _N ("'ot, [T.19
nowovet, ass 1 16,11 its, ngbto re=-rVt1-saynient Withok.g tilt stalC's Pilfly WIft, St��C�Jair 139--d o� the state Fuianc,-,, Law, if tills Zorltrucl was
wlitttll cora;eflt llrik�ss tills r-untract coricenis oi'Parfir-ipatlfM awarrltd bas,-d upon tilt ,rubrnissimi of bids, Contractor affirms under
pursuant to Article S-A of the State Finance Law perIalry Of poijuri, Oval its,bid was arrived at OldcpLiaditntly and without.
collusion altlicd w msyrif-fing competition, Contractor further affirms
a S -A that l[ the Tjrri�- C,olitn",ircir stilorrillted its bid. 'an authOrMed and
ll� "cc t I . -maed and deltvered to the Stam, a Elfin-cliffitsovt
13i the Start Financt LaW kJr, If th's; '��F)nuact Is With Lit",statt L�Tliversity mpansiHe 1�)ersori tw
or City TJnlvurs-il)� of"'4--W Y ark, 'Sp-twn 35"', tit 671 F, of the Ljld(ifjlg ccrtif - a
bf-h If.
E�titAca,tiou Law), if ffivs canitraCt 00,000 tor Olt TI-II1111111,1111
attar YNAL
e Olt, SL-LIC �)Tnj]ftnhtt� for CtMRID 8. IYL�EEZN Aj in accordance
ihr�v.ihloldls mlyit=d FO by Ul —,[] - so or rict
"J'N`,,,P aild C.TiN Y corlwact,�, or if tjji,a U ,ars fin any withS,amin 220-f of thz Labor law and Section 139-h of the State
alliourni to a conu-a-t which, ras so -,jrtsstiirl000, the Contractor agrees, as a.
"aa ds stah-O Y Finance Law, if this contract exceeds 55.
anicaulL, al Of,by fhl!, CmIrram, tive Smut aye..,, to give olticr mawrial condinoll of the conlracft, that ritnthcr the Contractor Thou' any
Litan trioncy wi,itil the Value or reaAOiliibly shrllavri vallve of such substaritiahy owned or affiliaied person, firm, parra tr.ahlp or
consideration Lxc.eds 10,00o,0,00o, it ,,Wl not ric ijajjjd, tflv,,-.uve or'bindiny; 11'as particlpiltt.d., is Participating, or gall participate tit an invmahollM
upon the Start luntil it has t�---n appravcd by lh. Stau, tOld boycott jr, vat tarion of dic feWl.riid Export .Adirrumitrailon Alot of 1979
I a n � my tile Offic't" (550 USC App, Secian)s 2401 l sen,','! rcplafions thartundol, If
filt�d u4 tris Dffi'X, UMPFFOL4�1"�� PProv"11 sol
Fl( Sarvicts ns rew wred Wilen such -mc.-ta SX-S,000 corrtraclor� or any of tiv,�, aforesaid affiiiales Of Corloracloc,is convicted
(Start Finance Law Section 163.6-a). or IE; othatwls-,�, found to have, vin'tavcd said laws W uPull tht
final determination of the United States ("onarierm, Dtpartiricat 0V EnY
1!=tlu,LIZ III avuorclallct 'Arllh (;ithC7 ar)rjTupa-jaup jv-,,acy of the fir ux-nd State,,; qubsvqiiffilt W tile
St;;.-fion 142 of khr, State dar,tisia,e Law, thil,; cnntntto! shaV rj- wilid and oflit 01, rnod i ficali oil tiltnreto
t's ,ecIltion, turh coiaract, arricrldnic
M force Laid e,d wt I-iulcss, tilt ,-,rmtT1.ID5 a,hab Provick ',arid niarnitIril shall be iinic.L-rcd for-fi-0 and void. Iliac Clontractor shall so notify tht
;0VeP,Lgt lift, of lul's onrimict for filbtro-fir toe aticil 4 u t icilan,
Statc ComptrollcT within five (5) b0sillesr, d0YG ()f st'f it "t V
at- "Itt I-CoLIO-elt in be coveu-ji by t�je piovisions oi tile I I -,d(21%FYCRR 10,51,4),
OeIrnninrItIOD or disT usition ofapp.
Workers,Corripensation.Lave, S, `r'ne State shall have all of its corrunissi law,
al SET,4R
�F RY�lLIT—
Tr) the We t -ights a include, 'out
�r;CR� qg�N Rp,(-qT[RE,NTEN1'S. ii equitable aild stasukury ria of set-off. These r shall i
rt Htintarl thhc)
not be hribied it), tit.- Stale's option 110 wi
rccluirvii by krtl.lc I- of the EXr,-,,-,ljuvt j_a,,A, �djsrj J,�jjowp "!� 0 Id for the purposes of Set-
Rjghts Law) and ash otilm Sj�uc ,IIII] Fdorat %taiiiiary Find constitutional off any rnomeys d- 10 tile (Zontractor under this Contract up to, arlynun r:liscraan�irtta;ki alt ,
provisions" QW-: cuna-actor WRI not Iltscrilliulate artiolults duc and owing In the State with TM?'@Td to this Contiract, MIY
sac ainst any -Mp'j0yet,' Or applicant for '=D1DVmenl bezliusc oil rU-, other Conlracl wili'l any State departairimi, or apucy, uscluding. any
ma� ongin, q�xual aut, disabilln" 1111.11 COMITIVECITILY prior to the of fills contract,phlt�
-d, color, '31ty-, FlOnO contract Tor, a
T= jdn",
g�,tilelic predjapasairjt� or cavricr sululs, or rnall!"ll suati.rt, Purdlermore Firly lullountrs due and owing ko 'the St-Ut for MY other r`--asOn 111 11 i
In accordanc- with 1;,ccuou '226-e r)f the Labor Law, if this IF, a contrac� without hinitation. tax tithriquaimics, iet, dclinquencim' or monetary
for the caustrucuort, alta rakion or r-,paF of any pinilic building, or pubilc pciialnes rz6abvt therele, VII-e E1,1,1,te sijajj exarcjsc, lt52t-off rights, in
worj,. OF jut,tile sal" or d"ustribuilon of 1-namrialt" cottipiritnt With Tionual State practicas Including, "ll c=,=; of set-off
nt that,thit, r_
�ou"Ct�,;u�flj hr,. widnil agcy,
sir suljpb-�s,arld to the��rlc pursuant to an audit, the finalization of such audit by the State ag.
thea fl to of New Yal"'K. ('-'Untra"nor agres thai: =Iffiet It rI0r Its' its representatives,or the State Comptroller.
5ribcolitnicaln shaffl. by r=1qora DJ` race, sure, co'lor, disabillhl, SeX, OT
nartonad cingirl (a) dismirilltlate Ol 'mung. a-pilliql, ADY Nt- Ycjflt SLI , It. RL—,(-"0Rj,,& Tile Contractor shall arid Friaintain corriplevt
F--� M (b) and ac,,�,'uralf boo enct
cftizc1i WOO is rju4�jfjcd Luad available, w perform tilt -al � records, docuumnts, accounts old Diller evid
dis=hrrinliatt 3PUnst or lat"R"n" an',` culo lDyc<:, hired for the direc,0Y Pertincrn to Periorrriance under thk aDrItract. (hareinaftc-E,
nal ,)HIng s ret kur
ec. ds") The 1r cord Inust be kzrlt for tilt baltIrice
of work, uridt�r thus cann-ac', tAM M �, I ` "l
�;ojjrract as dcfiric�d an Szcnon 23()offilt Labor Law, lben� In acCOMan- Of tlj.. 1"n(L�jr y,,,,�T Ill which they were made and fol six (61 additional
With Iber-cl[ coritra'-ftor aal'=s alar, ylcfflu:r a rial irz tlwr2after, Tilt State Comptroller, tht Altnm-Y Genzi-al arid auy
F,rIajj Qj� mhlv,national orqprf 4tt, u1bar=-.d t.0 cooc.�I,jcj w, --mmiriation, at w-H as
�ubcunrrtictor.� m7act, nriall ilav- acc!�%;; to ffit
,jcx w dis,,ibilit-y' dir'c'nirriltiate In runq 3L'atrIsl arly lhin',v orl� '3urje [h.- a:--,ra;y of ag,.ncias uiyovee,in this c�o
of ffie
. _ Cont,
z[fizen W'no acid alvaiiable to perfonil, ffit, wrjrk,„ car (b) TL-,,nrm riurillu liormal businm tiours, at ail offict aCro�L
ritutwe iltifw- any th",
a.t�BLITV'r0 L)r 3une-2006
I>Iage 1
5019 D RD PLAUGES FOR MYS'- Ce l
within the State of New York or, if no such office is available, at a employment, job assir :nt, promotion, upc adinas, demotion,
mutually air ;.0^�l,y ffltd r ISOnable venue within the State, for the term sfer, layoff, or termination and rates of pay or other forms of
specified itbove for Inc purposes of inspection, auditing and copying. compensation.;
The State "ta�aall ta4 r easo i.'r0c steps to protect from public disclosure
any of the Records which are exempt from disclosure under Section 91 (b) at the request of the contracting agency,the Contractor shall request
of the Public Officers Law (the "Statute") provided that: (i) the each employment agency, labor union, or authorized representative of
Contractor shall timely inform an appropriate State official, in wfitma, workers with which it has a collective bargaining or other agreement or
that said records should not be disclosed-, and (ii) said records shall be und.-i-standin.g, to furnish a written statement that such employment
sufficiently identified; and (iii) designnation of said records as exempt agency, labor union or representative will not discriminate on the basis
under the Statute is reasonable. Nothing contained herein shall of e, creed:color.national origin,sex., age,disability or marital status
diminish, or in any way adversely affect, the State's right to discovery in and that such union or representative will affirmatively cooperate in the
any pending or future litigation. implementation of the contractor's obligations herein; and
I. g1N2'IF'1°ING lNp,f}IwC4d TION' A pip IV''"ayCY (c) the Cantractar shall s in all solicitations or advertisements for
d t I'l+lt r l',lC l (a;l Ll.akt,C'fit_ l.;lvllilru.i"TIy ff�l.:,N'°1 C1{ Al-1 ON employees, that, in the performance of the State contract all qualified
NRfivfTEF andirit l.:�Ii1THF-kL SOCIAL SE(",4TF:1TY '1^tCJCvffdF.p All applicants will be afforded equal employment opportunities without
invoices or New York State standard vouchers submitted far payment I discrimination because of race, creed, color, national origin, sex, age,
for the sale of®nods or services or the lease of real or personal property disability or marital status.
to a New York. State agency must include the payee's identification
number, i.e.,the seller's or lessor's identification number. The number is Contractor will include the provisions of "a" b" and "c" above; in
either the payee's Federal employer identification number or Federal every subcontract laver " Ta OOdJ.tlt1 for the cons't'ruction, demolition,
social security number, or both,such number when the payee has both replacement, rnaptrr repair renovation, planning, rat do io of real
such numbers. Failure to include this number or number may delay property and irnproverriants &hzmort (the " ark,) except where the
payment. Where the payee dl)� trial nave such rturriber or numbers, the Work is for to beneficial use of the Contractor, Section 312 does not
payee, on its invaics car I l w York .+rare t.ridarai vritrclaeu,must dive the apply to: (i) work, goods or services unrelated to this contract; or (ii)
reason or reasons wbN, Iia^p=aye�-tuovs iint have sLicb number or number. employment outside New York State; or (tit) banking services,
insurance policies or the sale of securities. The State shall consider
(b) PRIVACY I"ttT1'1T IT 1 6t p d.. (1) Tire :aotiaonly to request the 1 compliance by a contractor or subcontractor with the requirements of
above personal nd urrn atrort'fyl..)rn ii sel'lrsr of soodr fat .,,Wrvices or a lessor any federal law concerning equal employment opportunity which
of real or petsonail ,aa rap 9r:}, Ind t.bt to maintain such effectuates the purpose of this section. The contracting agency shall
information, is Toand In flab tfaaas :f of th; atate°1"ax Law Disclosure of determine whether the imposition of the requirements of the provisions
this information by the seller or lessor to the State is mandatory. The hereof duplicate or conflict with any such federal law and if such
principal purprose for which the information is collected is to enable the duplication or conflict exists, the rint�riac.tmnF aTL ncry shall waive the
State to identify individuals, businesses and others who have been applicability of Section 312 to the exta til of such dup-hcation or conflict.
delinquent to films tax returns or may have understated their tax Contractor will comply with all duly prrornimi+gated and lawful rules and
liabilities and to generally identify persons affected by the taxes regulations of the Governor's Office of Minority and Women's Business
administered by the Commissioner of Taxation and Finance. T"ne Development pertaining hereto.
information will be used for tax administration purposes and for any
�stl'aem" riiiau�z.r d by lariy 13. CONFLICTING S. In the event of a conflict between the
pill-pose aut
("2) T rrc p rsoar al iriirarrrrrituaarr r rc aia:aasca;t by the purchasing unit of the terms of the contract (including any and all attachments thereto and
a!pcir yinri ac;am E to p urchant fisc goods or services or lease the real or amendments thereof)ape the Terms of this Appendix A, the terms of this
r cahalprop-jr), r,uvcrccl try thr ca'�rntr.ict or lease. The information is Appendix A shall control.
u �'
maintained lir 1,,Icw -'Tarn, Staw' Cmltrtal. Accounting System by the
Director of Accounting Operations, Office of the State Comptroller, 110 14. G®SPEFt1YTNC LAW. This contract shall be governed b}' the laws
State Street,Albany,New York 12236. of the State of New York except where the Federal supremacy clause
requires otherwise.
I'.. ITL 0Far,c)Iz l' IT 11 S;_ FOR
1CYT T'T~,I r a i l w Wr r l;pfi Tai me nrrkiriasw with t=��e�ticrni 1'l +7r'IncIS.LATE PAYMENT. Timeliness of payment and any interest to be
"r'artevtirtvc: Law, il" ttai �wa.tntra;l r (i) a rOmicui with cSntcatt or laumrchti;c paid to Contractor for late payment shall be governed by Article 11-A of
tiler inistrume-tit, providing for a total e.txp:aaaiidiltrr'e in excess of the State Finance Law to the extent required by law.
s
�a .pttlll;00, wvir,.rc.,w a r.riaatrraoting agµna,y is ccrratinitted to experid or 16. NO ARBITRATION. Disputes involving this contract, including
does expend furrri.� irr return for lar%rant s-v� icrs, supplies', cquiprrn-ant' the breach or alleged breach thereof, may not be submitted to binding
mmr ,nidi, or any comburanuri of the flit Rai�ng, tat be perrouned for, or
rendered or furnished to the contracting ag ncy; or (ii) a written arbitration (except where statutorily authorized), but must instead be
heard in a court of competent jurisdiction of the State ofNew York.
agreement in excess of 5100.000.00 whereby a contracting agency is
committed to expend or does expend funds for the acquisition, 17 SER OF PROCESS. In addition to the methods of service
construction, de olitiorts replacement,major repair or renovation of real allowed by the State Civil Practice Law &Rules (" LR"), Contractor
property and improvements thereon; or (iii) a written agreement in hereby consents to service of process upon it by rmgistered or certified
excess of 5100,000.00 whereby the owner of a State assisted housingmail, re receipt requested. Service hereunder shall be complete
project is committed to expend or does expend funds for the acquisition ®n Corittactor s ac 1 receipt of process or upon the State's receipt of
construction, demolition,mplacerrment, major repair or renovation of real the raturn thereof by the limited States Postal Service as refused or
property and improvements thereon for such project,then: undeliverable. Contractor must promptly notify the State, in ring, of
each d every change of address to which service of process can be
applicants
Tne f trnti a s:y rij l tuftal uasta;rrrrztntmt,e against ertapuaa"y °°rY or made. Seng ce by the State to the last known address shall be sufficient.
anplicaxits.f,e i.mrasnuoyirteot caj-=Muse oi' "r.,. need,coiw, natu°a>iiaal lingua„ Contractor will have thirty' (30)calendar days after service hereunder is
set: pe, els iras�ity rsr titan ul gmt1is, Intl will imnertakt or continue
complete in which to respond.
exisr= praaura ms of afhrrara.rr 6 e acilon to Wns e that nunori�r Kra catrsa
members and women are ar i-ded equal employment opportunities
without discrumnahon. AZirznanve action shall meaty. fac-naracent,
as '? .lune. 2006
5T11110STAW11110 CLAUSES FOR MYS CONTRACTS
88, fi t Id3R�C.1f 1N (O_kc LFI SF Old i �t ,1 1,a t...
Iw, T ad waTTnus, that all wtxrrd (b)T'ne Contractor has complied with the Federal Equal Opportunity Act
- tie �eatras stat raasae as
Products to tae used arndor this Cuntraot award will be tin nccord:asae with of 1971(P.L. 92-261), as arrtended;
but rant hunted to, tilt pwr ifs<ataaaax and paovisiuns of ;talc Firi arit:w
� 6aaaw t;;Iris. dl.rse olW s raagatewid flbtrdwoarclt) wlaicla prohl'aaat Ca urwhase. and (e) The Contractor aces to make reasonable efforts to provide
use of trtapicul laart�iw no.aaiu., pati spe titcu9l'1a Wern'pated by tilt, State a�ar notification to New York Stat_ residents of employment opportunities
Xny goverrunclual agency or political sui:adivssimi air- p%biia, benefit on this project through lrsttng„ any Mich prow^saious With the Job Service
:�rarpnraauort Qualification fin in exesatptinn under thi:: law will be theDivision of the New'1'sari.Statc.Far paar°tni nl of"LataoC,or providing such
rrsliorilsil ilts)a of tkat contractor tristarialifito file-.q with the a:ppri'avdl oi'
notification to such rniriner Its is corlsistreiat wio-1 existing collective
the State. bar-painingrn
contrasts or agreeents. The Contractor agrees Co document
these efforts and to provide said documentation to the State upon
lti a'addinon, when arny purtirul of 'this can7tract irrvo)viragtyle trse of request; and
wo.On;, whether supply or instwalltattort, is to he perimmed by any
rralrr riritstaraor
the primet'.onirticta a will ittdi at:e and certify rzi toe (d)The.Contractor aclaiowledges notice that the State may seely to obtain
submitted bid.proposal thal Oat silbcosikr,ctoi lim tw-n attffumed and tis offset credits from foreign countries as a result of this contract and
in Coinplianct With spec icailon; and provasirons regarding csae of agrees to cooperate with the State in these efforts.
traapical'hardwoods as detailed In iia Stare Firt ailm Law A.ny such use '71. RECiPROC'L'P'1' AND SANCTIONS PROVISIONS. Bidders are
rnust me"t with the approval of the Sante ait:hOrwise, Ibe bid tnaY not ba* hereby notified that if their principal place of business is located in a
consldt. esi rtzpottsaarre.L311der'otdairr ce-nifications, proof of quoisaic"iritancountry, nation, province, state or political subdivision that penalizes
forex�arnution will °be the r:sponsibihty a�.at"'die Caoutrrclor TOmenl witl't New York State vendors,and if the goods or services they offer will be
the approval of the State. substantially produced or performed outside New York State, the
Lg h4 { 13I IGtI' "wI:l1 Ldfbl,O� ,, T' PFI^�CIC' Eti,. In Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684
accordrauct w" t'h thy~ IvlacF'iridz Fair Employment Principles (Chapter and Chapter 383, respectively) require that they be denied contracts
807 of the Laws of 1992), the Contractor hereby stipulates that the which they would otherwise obtain. NOTE: As of May 15, 2002, the
11-'_,Q11VoIf1'tor eithef. lab bas mica bunnucrss opera0aans in Nc:irthtrri IaMand, or list of discriminatory jurisdictions subject to this provision includes the
states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana
(t)) shall take lawuil °togas In gourd faith iii conduct a+nY husiness and Hawaii. Contact NYS Department of Economic Development for a
Operations its Jh ortherur ar.;i and tit arc,ordr�itice w.vit�h the. ac rldt Fair
aril f irtaiat." Law), and lsx l Grin ctio,i 163 tnt'lgrtsori�.; of current list ofjuiisdictions subject to this provision.
f rrroli�rvrar sit t i usct ai f.a.G o e.r burl tr Section t tisi� aai tlie�. lv�au '"fr�ra'&: c
C 1 p` P ti I
rF�CHA!j
in accordance with State Finance
compliance with such rinci les.
Law
t d2,(4-0a the,SLxw 11a.Cl not prura n ix:er any apparel from any vendor
tl C:1 ' arc p �c;, of anabre gar " ) s apparel was manufactured in
ff lFbgs F"gl 1LTF1T` Nr hC P Cif 1,W . It i., tl°a art° iuwillvri+! iia twill that )"w' iictu
I lr;w `i ori, Sninf to rnamnii s orrportiaio w Isar the p,artacipation[at Neu conaplhuriat: with all aupiirzablt, labia, and oc=uptaasmsal
'Pori, State kiumnest� ena.wi:prr,r,�, l�iaseludinti nunt.arity and worriers-own
uclisduag,"pial notf.iniarcal to, child laborlaws, w zrr 3116 hours 'saw and
osa,"iii sit coLerprses, as biddt r, subconnactors and supplier-, on its !voe&pa a . saiery luws, and (ii) vfmdw will supply, with its bid (at, if
procurement contracts. not a bad atn ataran, prior to OF at tire time of 3s+anant, a ti olitnict with the
state). if k:rrr:awta„ the naaritz anal addressm of rwach sobcraotractrar axil°.1 N
Information on the availability of New York State subcontractors and list of all manufacturing plants to be utiiized'oy the bidder.
suppliers is available from:
NYS Department of Economic Development
Division for Small Business
30 South Pearl St- 7`"Floor
Albany,New York 12245
Telephone: 518-292-5220
Fab: 518®292-5884
http://www.emljire.statn.ny.us
A directory of certified minority and women-owned business enterprises
is available from:
NYS Department of Economic Development
Division ofMinority and Women's Business Development
30 South Pearl St- 2nd Floor
Albany,New York 12211.5
Telmhond: 518-292-5250
Fax: 518-292-5803
bttn://www..-mpire.statt.n),.us
----------
Tne omnibus Procurement Act of 1992 requires that by si--rung this 'bid
nronosai or contract;as applicable,Contractor;, certify that wbr=ver the
total bid amount is greater than S1 million:
(a) T°ne Contractor has inade r aa4soriantc efrorul to encourage the
participation of Neuw York Stale business icos;e'rpra a.^ as suppliers and.
siibconuamors, including c,rri.fierl rn.rTawrrg Y and worm-ri-owned business
enterprises, on this pro}ec1 auiud has rtutini:d the documentation of these
efforts to be provided upon request to the State;
cava
3 June, 2006
Form B.1'-Budget Summary for FPIG Proposal
APPENDIX B
2007-2008 Budget Summary for FPIG Proposal
Farmland Protection Implementation Projects Involving Conservation Easements
ATTENTION: You MUST submit one Form B.1 -Budget Summary for FPIG Proposal to summarize the overall budget of this proposal and
you MUST submit one project budget for each farm to provide details of the proposed budget associated with each farm in this proposal.
Please use the appropriate project budget form(i.e., Form B.2 fora farm whose value of development rights is <$29,000, per acre, or
Form B.3 for a farm whose value of development rights is >$29,000 per acre).
Kauneckas Farm Local
Government
Farm Name(s): Demchak Farm Applicant: Town of Southold
Total Acres Proposed for Permanent Protection=E39.0000
TOTAL COSTS OF PROJECT(S)ASSOCIATED WITH THIS PROPOSAL
Total Value
of Development Rights $ "EM1. �,�
For all project proposals,the applicant is urged to base this arnoutIt upon either an appraisal or the most recent valuation of the subject property as
reflected on the landowner's property tax statement.
Administrative Costs
Subtotal= s—_ 35 946
Administrative Costs (in-kind)
Subtotal= 1 $ 2,000 Amount shall not exceed 80%of the local match.
TOTAL PROJECT COSTS = $ 3,029,546
FUNDING SOURCES
Local Match
Applicant must provide documentation acceptable to the Department accounting for the encumbrance or expenditure of the sum total of all
required local match for this proposal by the time the last disbursement is requested by the applicant for this proposal.
Total Local Matching Funds= 1,862,600
%of total project costs 61.5%
State Funding
State shall not contribute more than$29,000 per acre toward the value of
Requested State Funding = $ 1,166,946 development rights for any farmland protection implementation project.
% of total project costs above 38.5% State Funding%shall be no more than 75.0%.
Local Match%plus State Funding%must equal 100%.
Form E3.3-Project Budget for FPIG Proposal(>$29,000/A for development rights)
2007-2008 Project Budget for FPIG Proposal
Farmland Protection Implementation Project Involving a Conservation Easement
ATTENTION: You MUST submit one Form B.1-Budget Summary for FPIG Proposal to summarize the overall budget of this proposal
and you MUST submit one Form B.3-Project Budget for FPIG Proposal for each farm whose value of development rights is
>$29,000 per acre.
Local Government
Farm Name: Demchak Farm A l'icant: Town of Southold
...................
Estimated Acres to be Permanently Protected=1--_!±90_001
TOTAL PROJECT COSTS
If this$per acre value does not exceed
Value of Development Rights $ 1,087,700 Em NOW$29,000/A.,do NOT use this form.
For all projects,the applicant is urged to base this amountupon elli°uer an appraisal or the most recent valuation of the subject property as
reflected on the landowner's property tax statement.
%of total If<100%,a bargain sale will result. The
value of landowner's donatlon will be the difference
Proposed Purchase Price= development between the appraised value and the
$ 1.087.700 rights= 100% purchase price plus any administrative
�._.._� costs that will be paid by the landowner,
Administrative Costs
Title Insurant $ 4,830
_ _._ ....... _ _ I
ttrvey( ) $ 4 00!
Appraisal
00
�w00
Outside Easement Expertise Amount paid to consultant(s)to assist with the conservation easement
(If any) transaction for this project. (Do NOT Include cost of baseline documentation
$ report In this Item.
aRecordlnc, Fees $
Stl Wvartjsitt FOCI $ Araaetant shall not exceed$10,000 per conservation easement.
Baseline Documentation Report $ s0
Other administrative cost $ 1,500 Identify: Phase I,Environmental Site Assessment
Other administrative cost $ 100 Identify: Title closer attendance fee
Subtotal $ 15',580
Administrative Costs(in-kind)
'Applicant's Staff Time $ 1,000
Tuav+�6ltIflce ex Ons $ w
Other in-kind cost $ Identify:
Subtotal $ 1.000 Amount shall not exceed$25,000,or 80%of the local match,whichever Is less.
TOTAL PROJECT COSTS= $ 1.104 280.1
FUNDING SOURCES
Local Match
Applicant must provide documentation acceptable to the Department accounting for the encumbrance or expenditure of the required local
match for this project by the time this project's perpetual conservation easement is conveyed.
For project proposals where the full value of the conservation easements will be donated,
nano of the amount shown shall be used to compensate the landowner forthe value of
Municipal Funds $ 65500 development rights.
Wiwi the full value of development rights will be donated,enter full appraised value of the
Landowner Donation $ cons rvatto,n easement.
......... ......._
NOTE: Federal Farm and Ranch Lands Protection Program(FRPP)funds will
Federal FRIT" NOT be allowed as a local match.
In Kind(from subtotal above) $ 1,000
.,
(t`or prolW proposals wlaero the milt valare of the crarnsat°vakloWro aasoarmgnrsa wIIN be donated,
none of the amount shown shall be used to compensate the landowner for the value of
devel9prno d rights.) IDENTIFY SOURCE(S)&SPECIFY AMOUNT FROM EACH
SOURCE:
Other('foundation or similar) $
Subtotal $ 656,600
%of total project costs 59.51yo
State Funding
State shall not contribute more than$29,000 per acre toward the value of
State Funding $ 447,680 development rights for any farmland protection implementation project.
%of total project costs above 40.5% :hate Funding%shall be no more than 75.0%.
Local Match%plus State Funding%must equal 100%.
Form B.3'-Project Budget for FPIG Proposal(>$29,000/A for development rights)
2007-2008 Project Budget for FPIG Proposal
Farmland Protection Implem'trntation Project Involving a Conservation Easement
ATTENTION: You MUST submit one Form B.1-Budget Summary for FPIG Proposal to summarize the overall budget of this proposal
and you MUST submit one Form B.3-Project Budget for FPIG Proposal for each farm whose value of development rights is
>$29,000 per acre.
Local Government
Farm Name: Kauneckas Farm Aunt:- Town of Southold
Estimated Acres to be Permanently Protected _ _mm 24.10001
TOTAL PROJECT COSTS
I
If this$per acre value does not exceed
Value of Development Rights $ 1,903,900 $29w0001A.,do NOT use this form.
For all projects,the applicant is urged to base this arlloufnt upon either an appraisal or the most recent valuation of the subject property as
reflected on the landowners property tax statement.
%of total If<100%,a bargain sale will result. The
value of landownel's donation will be the difference
Proposed Purchase Price= development between the appraised value and the
purchase price plus any administrative
$ 1,903,900 rights= 100% costs that will be paid by the landowner.
Administrative Costs
Title Insurance 7,316
A alf lo �.5_.
t }0'a _ _
sis $ 2,800
utsid6�..��ai 1` s cif ani ..... .... . 2,000
Outside Easement Expertise Arnottr'it paid to consultant(s)to assist wlth the conservation easement
(if any) Vansaction for this project. (Do NOT Include cost of baseline documentation
$ report in this item.)
r
�ew.orFoo m .. 30I- ,.
tewar ,S 11p Fee $ Amount shall not exceed$10,000 per conservation easement.
r
Baseline Documentation Re ort $ 50 „_..
_....._.... .........
Other administrative cost $ 1,500 Identify:FPhase I.Environmental Site Assessment
Other administrative cost 100 Identify: closer attendance fee
Subtotal
$ 20 366
Administrative Costs(In-kind)
111cat1t's�t ff Time $ 1.00
I'faveiofifice xpr nse $
Other in-kind cost $ - Identify:
...... ........-.— ......
Subtotal $ 1,000 Amount shall not exceed$25,000,or 80%of the local match,whichever is less.
TOTAL PROJECT COSTS= $ 1,925,266
FUNDING SOURCES
Local Match
Applicant must provide documentation acceptable to the Department accounting for the encumbrance or expenditure of the required local
match for this project by the time this project's perpetual conservation easement Is conveyed.
Far project proposals where the full value of the conservation easements will be donated,
none or the amount shown shall be used to compensate the landowner.forthe value of
Municipal Funds $ 1,205,000 developmentrights.
'Wban the full value of development rights will be donated,enter full appraised value of the
Landowner Donation $ - conservation easement.
NOTE: Federal Farm and Ranch Lands Protection Program(FRPP)funds will
Federal FRPP NOT be allowed as a local match.
ire IincfCrorrave $a1,Doo
...�
(rof proj�oct proposals where 911e roll vnruo of die conservation easements will be donated,
none of the amount shown shall be used to compensate the landowner for the value of
development rights.) IDENTIFY SOURCE(S)&SPECIFY AMOUNT FROM EACH
SOURCE:
Other(foundation or similar) $
®. .. _._.
Subtotal $ 1,206,000
%of total project costs 62.6%
State Funding
State shall not contribute more than$29,000 per acre toward the value of
State Funding $ 719,266 development rights for any farmland protection implementation project.
%of total project costs above 37.49% State Funding"/o shall be no more than 75.0%.
Local Match%plus State Funding%must equal 100 ,
APPENDIX C
r
STATE OF NEW YORK
DEPARTMENT OF AGRICULTURE AND MARKETS
108 Airline Drive,Albany,New York 12235
Eliot Spitzer 518-457-8876 Fax 518-457-3087 Patrick Hooker
Governor www.agmkt.state.ny.us Commissioner
December 20,2007
Supervisor Scott Russell
Town of Southold
P.O.Box 1179
Southold,NY 11971
Dear Supervisor Russell:
I am very pleased to inform you that the Department of Agriculture and Markets has awarded Town of
Southold the sum of$1,166,946 to assist the Town in its farmland preservation efforts. 'Based upon your
FY2007-2008 Agricultural and Farmland Protection Implementation Grants prbposal,the Department has
provided enough matching funds to purchase the development rights on Demchak Farm and Kauneckas Farm.
Before State funds can be provided for the purchase of.easemerits or development rights on these
farms,it will first be necessary to develop a contract between the Department and the Town. This contract
must contain an agreed upon plan of work and budget. Project expenditures,which occur prior to the approval
of the contract by the State Comptroller,might not be reimbursed. Therefore,,we strongly advise that you not
incur any expenses for which State reimbursement will be sought until the contract is approved.
In order to facilitate the timely development of your contract and the completion of the project,I am
requesting that you identify an authorized representative of the Town with whom you would like us to work
with regard to all fiscal matters associated with the contract between the Town and the State. Please.have that
person complete and sign the enclosed Contractor's Information Checklist. Also,please identify the person
with whom you would like us to work with regard to all matters associated with the conservation easement(s)
that will result from this contract;that person.will serve as your project manager. Please provide this
information to David Behm,the Department's Farmland Protection Program Manager. He may be reached by
phone at 518-485-7729,by fax at 518-457-2716 or by e-mail at'david.behm@agmkt.state.ny.us.
The Department looks forward to working with you in preserving your valuable farmland resources
for agricultural production purposes now and in the future.
Sincerely,
Patrick Hooker
Commissioner
cc: -Melissa Spiro,Town of Southold .
Kenneth Schmitt,Suffolk Co:AFPB
Michael&Maria Demchak
Louise Kauneckas
Form
NEW YORK STATE
DEPARTMENT OF AGRICULTURE AND MARKETS
2007-2008 (ROUND XI) APPLICATION FORM
Farmland Protection Implementation Projects
Instructions:
1. Respond to each of the following questions in the space provided and ONLY attach
separate statements or maps as directed. Any attached statement MUST NOT exceed
ONE page.
2. The details that you provide in response to the items below together with one Form
B.1 (Budget Summary for the entire application) and a Project Budget for each farm
project contained in your application will form the basis for the scoring of each proposal
submitted. If requesting funds for two or more farms, the information requested in Part
2, Items 1 through 8, should be separated for each farm, but may be aggregated onto
attached maps, lists or charts from which the information for each farm can be clearly
delineated.
3. You MUST provide all the information requested in order for your proposal to receive
full consideration for funding. Failure to provide all information may result in
disqualification of certain proposed farms within an applicant's proposal and/or a lower
overall score for a proposal.
Part 1 —Applicant Information (for single or joint applications)
1. Please provide thea name and b address of munici alit s in the space below.
(a). Town of.Southold
(b). 53095 Main Road (Route 25)
P.O. Box 1179
Southold, NY 11971-0959
2. Please provide the (a) name, (b) mailing address, (c) telephone number, (d) fax number,
and a e-mail address of onerimary contact person.
(a) Melissa Spiro, Land Preservation.Coordinator
(b) Southold Town Hall Annex
54375.Main Road (Route 25mmm�....� _.................... ..
) _... . ..... __
P.O. Box 1179
Southold, NY 11971-0959
(c) 631-76 ..... ..._. .... .._ _...
(d) 631-765-6640
(e) melissa.spiro(cDtown.southold.nv.us
3. Please provide a copy, if available, of any plan, report or map describing any
existing or proposed public sewer or water infrastructure in the vicinity of each farm
proposed for permanent protection.
PROJECT DETAILS TAI S FORM A—PART 2—Items 41-9
See attached information for each parcel.
The 2 projects included in this proposal are;
¢�ri�N^^w,uw! 4 sir r aG�%•.,/ z'r %%/ f, 1l x f, " 'Yr �l%' rY a#'3UU
r�`;gVN .pp�/ry�rl>r 1dr^(r Ix��11/r,:.��wri�r /�!7 i r',�rl',: �r„.YaF,F i�Ur ry„�1 r� +.,,rN„� �` ,�yyrr i F••�,� ';�(�} �-yY> r �?"d�;;:tN I";'d�//�'
lr ,a,,,,i/r Nllr!•-. Y✓�rr7/;,� ^yrr9��. �rIV�II f ,,,n="'- G6d rrlrr4 aG �'Ip x�''r 11 ( ;,,'fro "" h��r�� ;t�
�1�' ,�'Ty.'{✓ uI()v /x/Yr i!rt r FNi„/� ,,�,,
:!�, �° ,�,,k i r+l.a!l � J,�� a :. C� ra N,w, r .r l i 9 r N'..., k m,i}...,,,4,,r,,%kk`7;t ,�(rir,5,,,a ✓ j r, J;�
r
d,Ji7 � r%r rrr` t^ ��r -� kr, r ,� /,�,�, r xz(J,) ( F�,° ✓ z i r$ V
��:rr>v ,, �,..'.�#. SII + .,:;"'�NI f ccr�rNiMl„ at/I ;,..,'I ;a/ rvE”. ;� y J�, aw,.. (r '� �,rrr:. trk r,'U. "�� �.ri'vp � ,.xr 1 i”,� �y,.;/ ��l°rr r�x,:.';•p'"ter;:.
�'Yt,,�, a ,,; d uc ,v a �:.:�� 1 ,�J`;r v _I�5�,11 �h� /U�i.;.,TM'� `: ,.IG71y �u$/i f r�!.rr ��'r rr'li.¢� N� .a/ 1 r✓s".�.� 7�
ny7frf r -,�as Nr fr)llr1r1� ggJ a + v`arluev„(lrV6f f('.
r�
7i:!.. 4 t x r((:. e r ,,( :. 4 ,RY,u, rzkV r � J b, r/ a d ;.xou r� ✓r::, G#u �1 J�. 1„1 J.le.r,Y' '.
er ;,,w/ rr � rr 'v f„ /rrr,, W/ rM {„rr ;, 7p .,:,r � 1. rC ( ,�, a, tei3rl! +arr✓b r r t r �z:��( x.�/rF �'� r��'ry-"..Eplr,
Demchak 84.-1-13 14.9 acres $ 1,087,700 $ 1,104,280
Kauneckas 95.4-3.1 24.1 acres $ 1,903,900 $ 1,925,266
ryrz �' r�3 ( 4A {�f -11
�'{1G IF Yr'�',,{1r
,�, rv� Iil7r'exY�Y� r�" ".:.M1';�,,,
Form A
3. Farmland Easement Information —
� For please o, ple s the far right two columns ing in table for
p provide ALL of the following information:
• e proposed
conservation easement area associated with each farm in your proposal.
• Please attach a soil survey map of the proposed conservation easement Extent of
area associated with each farm in your proposal. Proposed
• Please attach a table illustrating the acreage of each soil type Farm Easement
comprising (a) USDA Prime.Soils, and (b) Soils of Statewide Rank o
Significance occurring within the proposed conservation easement area Order Acres Area
associated with each .......
.._......._.. ,._. .__.w... _.
Acres to be protected (#1) 14.9
(based upon either a tax parcel map or an existing legal survey) _ ((#2)
24.1
.. ..... .._._
(#3)
#.of protected.acres available for crop.m production
and/or livestock 100%
• Please calculate the extent of the proposed easement area for this.item mm �#2) 24.1 100%
for.each farm as follows (enter.this information in far right column of this. w_ ...............„_mm._. ,mmmmm�mm
row in this table):
of protected acres available for crop.and/or livestock production
divided by the.#of protected acres, then multiply that amount by
100.to determine its % (round up to,the.nearest whole.number). (#3)
#of protected acres in woodlands and wetlands =
• Please calculate the extent of proposed easement area for this.item for (#1) 0.6 4%
each farm as.follows (enter this information in far right column of.this _. . ..__.............
row in this.table):
#.of.protected acres in woodland and wetlands divided by the.#.of (#2) 0 0%
protected acres, then.multiply that amount by 100 to determine its.%
(round uptothe nearest whole number).
(#3)
#.of.protected acres in USDA Prime:Soils=
• Please calculate the extent of proposed easement area for this item for (#1) 14.0 94%
each farm as follows.(enter.this information in far.right column of this -,.—..........
-�--
row in this.table) (NOTE: Prime soils are distinct from those below.): 94%
#of protected acres in USDA Prime Soils divided by the#of protected (#2) 22.6
acres, then multiply that amount by 100 to.determine.its % (round up . . . ........._. ..........
to the.nearest whole.number). (#3)
#of protected acres in Soils of Statewide Significance=
• Please calculate.the extent of proposed easement area for this item for (#1) 0.9 6%
each farm as follows (enter this information in far right column of this . .....
row in this table) (NOTE: These soils are distinct from those above.):
#of protected acres in Soils of Statewide Significance divided by the# (#2) 1.5 6%
of protected acres, then multiply that amount by 100 to determine its
% (round up to the nearest whole number). (#3)
Note: Please DO NOT submit copies of LESA or other farmland assessment reviews, local application
forms, or local ranking systems for proposed farms.
Statement of Relevance-All applicants must attach a brief statement(labeled as "Form A-Part 2
- Item #31') that clearly and convincingly illustrates the relevance, importance and significance of
protecting the farm(s) identified in your proposal to the implementation of your County Agricultural and
( Farmland Protection Plan, or, if the applicant is a municipality, that municipality's farmland protection plan
or comprehensive plan or similar planning document. DO NOT RELY SOLELY ON YOUR PLANNING
DOCUMENT TO MAKE YOUR CASE.
Form A- Part. 2 - Item 3: Farmland Easement Information
SOIL INFORMATION CHART
FARM PRIME SOILS STATEWIDE SOILS
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OU"
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NYS Department of Agriculture and Markets 2
Request for Proposals—FY2007-2008
_ Part 2 — Project Details (Repeat all Part 2 information If more than one farm.
1. Landowner Information — Please provide (a) landowner's name, (b) farm name
and (c) address. Does any landowner listed below have a conflict of interest?
X] No ❑ Yes — if so, submit documentation regarding how you addressed
each conflict of interest. (NOTE: Please refer to "Applicant Eligibility" on pages 2-3
of the Request For Proposals for additional information regarding conflicts of
interest.)
(a) Michael & Maria Demchak
(b) Demchak Farm
_�s_ ....
......
.._. ....__..._ ..__._... ........ ....mm_.......
...._ _7810 Cox' Lane.
Cutchogue,.NY 11935
000-84-1-13
2. Property Identification — Department staff will conduct a visual survey of the
farm(s) proposed for funding. Please provide written driving directions (in the
table at the bottom of this page) to each farm from a major highway.
--........ .........
4 Heading west: County Route 48 to.Cutchogue, turn right (north) at stoplight at intersection of
CR 48.and Cox's. Lane. Demchak property line begins approximately .2 mile on right after a
residential light gray home on n/w corner of Cox's Lane and Matthew's Lane.
Heading east: County Route 48 to Cutch�o ue. T._..u..._r..n_. left (north) at stoplight located at
Intersection of CR 48 and Cox's Lane. Demchak property operty line begins approximately 2 mile on
s g gray home on n/w corner of.Cox's�...�_.__...-..._..._...........�ew'sL-Lane,right after a re idential light mmr y..... �Lane and Matthew's Lane,
_..._............
. ....
_, __...
Form A—Part 2- Item #2: Area Excluded from Conservation Easement
Demchak Farm
The Demchak's are offering a development rights easement on the entire 14.9 acre
property known as SCTM# 1000-84-1-13. They are not proposing to leave out any area
for residential lots from the easement.
The Demchak's own two more farm parcels in the immediate area. One parcel is adjacent
to the subject parcel and the second parcel is adjacent to that one. The parcels were
acquired by Mrs. Demchak's family at different times, and remain as single and separate
lots. The Demchak's are exploring preservation opportunities on all or part of the
adjacent parcels, but they are not prepared to offer a development rights easement on
these parcels at the current time. The Demchak's do not have any current plans for
development of the adjacent parcels.
The Demchak farm is located within a 157 acre contiguous block of active farmland
without separation by a public road. Within the 157 acre block of active farmland, 94
acres are currently preserved by Town or County farmland easement. The subject farm
includes over 700 feet of public road frontage. The road frontage and the location of the
farm within the 157 acres of active farmland are factors that positively affect the long-
term viability of the farm. The Demehaks are not currently offering an easement on the
other farms under their ownership; however, neither are they proposing to develop them.
Therefore, excluding these single and separate farm properties from the proposed
conservation easement area will not affect the long-term viability of the subject farm.
The subject property has not been subdivided by the current landowner within the five
years preceding the date of this application.
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Form A—Part 2- Item #3: Statement of Relevance
Demchak Farm
In 1999, the Town commissioned a full farmland inventory and in 2000, unanimously
adopted a Farm and Farmland Protection Strategy. The Purchase of Development Rights
program is a vital part of the Farm and Farmland Protection Strategy, as is the continued
leveraging of Town funds with matching federal and state funds dedicated for farmland
preservation. Goals of the Farm and Farmland Protection Strategy include: 1) To preserve
land suitable for farming and 2) To ensure that farming remains an important part of the
local economy. The objectives of the Goals are to make farmland preservation a viable
and attractive option for landowners (as opposed to residential development) and to help
farms and farm-related businesses remain economically viable in the highly competitive
agri-business market, and in the face of escalating residential development. Preservation
of the Demchak farm meets the overall intent and goals and objectives of the Strategy. It
preserves land through the development rights program, it leverages the Town's funds
through a partnership with the State, it preserves an existing, actively farmed parcel and it
removes it from the threat of residential development.
In 1997, the Town adopted a Farmland Bill of Rights as part of the Town's Zoning Code.
Suffolk County in 1996, published an Agricultural and Farmland Protection Plan. The
goals of the plan include; 1) Preserve agriculture as an important Suffolk County industry
2) Ensure public policy is protecting, promoting as sustaining agriculture 3) Preserve
farmland as an important natural resource 4) Preserve the cultural continuity of farms and
farm families 5) Preserve 20,000 acres of productive farmland through the purchase of
development rights. The preservation of the Demchak farm meets the goals of the
County's Agricultural and Farmland Protection Plan.
t
Form A—Part 2- Item#4: Nature of Farm Enterprise
Demchak Farm
The subject farm has been under the ownership of Michael and Maria Demchak since
1991. The Demchak's own two more farm parcels in the immediate area. One parcel is
adjacent to the subject parcel and the second parcel is adjacent to that one. The subject
farm and the adjacent farms under their ownership, have been in the family since the
1940's. The farm was originally farmed for traditional row crops by the Demchak
family. The subject farm and the adjacent farms under their ownership, are currently
leased by DeLea Sod Farms and are planted in sod. DeLea Sod Farms does not own any
land within Southold Town; however, they lease close to 400 acres within the Town. The
Demchak's plan is to continue to lease the farm or to sell the restricted farmland to
another farmer.
r
Form A—Part 2- Item 95: Farm Succession
Demchak Farm
The Demchak farm is made up of Prime agricultural soils. The farm has been in some
type of agricultural use since the 1940's. The Demchak farm is located within a 157 acre
contiguous block of active farmland without separation by public road. Within the 157
acre block of active farmland, 94 acres are currently preserved by Town or County
farmland easement. The subject farm includes over 700 feet of public road frontage.
The Town's purchase of a development rights easement on this farm will change the
current highest and best use from that of residential development to a future highest and
best use of continued agriculture. While the Demchak's may not retain ownership of the
property into the future, the preservation of the farm will keep the land viable for farming
into the future.
The Demchak farm is enrolled in the New York State Agricultural District Program.
i
Form A—Part 2- Item#6: Proximity to Protected Farms
Demchak Farm
The Demchak Farm is adjacent to 12.6 acres off land protected by a Town owned
development right easement. It is likely that the Demchak's will, in the future, preserve
the other adjacent parcels under their ownership.
The farm is in the vicinity of 784 acres of active farmland, of which 367 are preserved
with either Town or County development right easements. More specifically, the
Demchak farm is located within a 157 acre contiguous block of active farmland without
separation by a public road. Within the 157 acre block of active farmland, 94 acres are
currently preserved by Town or County farmland easement.
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September 10, 2007 -
Aerial Photographs Taken From Spring 2004 Flight
Suffolk County Real Property Tax Service Agency
GIS Basemap COPYRIGHT 2007,County of Suffolk,N.Y.
Form A—Part 2- Item#7: Significant Natural Resource Buffer
Demchak Farm
Preservation of this farm includes the preservation of agricultural soils. Preservation
limits future residential use; therefore, it protects the agricultural soils from conversion to
residential uses.
Form A—Part 2- Item#8: Evidence of Development Pressure
Demchak Farm
The Town of Southold has been a farming community since its founding over 350 years
ago. The Town of Southold faces significant development pressure from an expanding
year-round population and a large and ever-growing demand for seasonal vacation
homes. The increased growth and development is placing severe pressure on the
agricultural lands, water supply, open and recreational space, rural character, natural
resources, and transportation infrastructure of the Town. In 1990, the US Census bureau
defined the western edge of the adjacent Town of Riverhead as urbanized.
Increasing development pressure has caused land values to skyrocket. The average per
acre price for Town development right projects acquired in the year 2000 was
approximately$10,000 per acre. The average per acre price for projects closed thus far
in the year 2007 is approximately$74,000 per acre, with projects pending to close before
year end ranging from $75,000 to $80,000 per acre. Development pressures pose a threat
to commercial farming because farmers are forced to compete with residential buyers for
larger lots.
Approximately one-third of the town, approximately 10,200 acres, is devoted to active
agriculture. Over the last twenty year period,public and private efforts to conserve
agricultural land for the future have been successful in preserving over 3,500 acres of
farmland; however, the Planning Board currently has before it 23 applications for
Standard Subdivisions (full yield subdivisions without a preservation component) and 5
applications for Conservation Subdivisions (subdivisions with a preservation
component). Many of the subdivisions are within the Agricultural Conservation Zoning
District and Low-Density Residential R-80 Zoning Districts which are comprised mainly
of prime agricultural land. The Demchak farm, like all farms in Southold Town, is faced
with significant development pressure as the land values continue to increase.
C
OFFICE LOCATION:
MELISSA A.SPI O � '(, Town Hall Annex
LAND PRESERVATION COORDINATOR �, 54375 State Route 25
melissa.spiro@town.southold.ny.us "„ (corner of Main Rd&Youngs Ave)
Southold,New York
Telephone(631)765-5711
Facsimile(631)765-6640 MAILING ADDRESS:
P.O Box 1179 � ^
T
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
AUG 14 2007
1 am the owner of the property described below and I would like to expl re press iw 1
land under the Town's Land Preservation programs. PRESERVATION
Name of Owner (Please print)
Names of other owners
ww. _
Mailing Address 3 ..........
� a r 17 e Ceq-` . 4
Phone Number / pte
Tax Map No. 1000 -- -- Acreage offered for
�3 preservation Y5
Property Location �C o. Co
Briefly describe the property (e.g., open space, active farmland, wetland, etc.) and ideas you
may have about preservation of your property.
_ ..... ... ... .. ..
W"o 121'01-2PP /�v........ Z�R-J—f—1 Sol-/
Fat
You may talk with the Coordinator at 631-765-5711 to discuss questions or to arrange to
participate in any of the regular meetings of the Land Preservation Committee.
understand that this application does not commit me, or the Town of Southold, to the
sale/purchase of the property or any portion of the rights thereto; rather, it signifies an interest
in serious dialog concerning the merit and method of possible preservation of my land.
� ,P _ .__. ....._ date Ow-f / i 0/,--
Please return the completed form to
Southold Town Land Preservation Department
When you return this completed form, it would be helpful to include an existing survey/sketch and any other
readily available information that describes your property.
NYS Department of Agriculture.and Markets 2
Request for Proposals—FY2007-2008
Part 2 — Pro`ect Details Re eat all Part 2 information if more than oine Esau,
1. Landowner Information — Please provide (a) landowner's name, (b) farm name
and (c) address. Does any landowner listed below have a conflict of interest?
X� No ❑ Yes — if so, submit documentation regarding how you addressed
each conflict of interest. (NOTE: Please refer to "Applicant Eligibility" on pages 2-3
of the Request For Proposals for additional information regarding conflicts of
interest.)
(a) Louise Kauneckas
.�.
......._ ......... . .......�........... ..��.... ........... .�...................
(b) Kauneckaass Farm
(C) 8500.Alvah's Lane
Cutchogue, NY. 1105
SCTM #1000-95-4-3.1
2. Property Identification — Department staff will conduct a visual survey of the
farm(s) proposed for funding. Please provide written driving directions (in the
table at the bottom of this page) to each farm from a major highway.
_ __....._ ...................._..........
Heading west: County.Route 48 to Cutchogue, go.past stoplight, then past blinking yellow light.
Turn right (north) at 3�.rroad past blinking yellow light onto Alvah's Lane. Kauneckas property
Line begins a roxlmatel 2 mile o
g' pp y . ... n right. Residential home & agricultural barns identified by
red truck mailbox#8500 located .4 mile fm .." turn
onto
ITmmmµ rom turn. onto Alvah's Lane,
mHeading east: County Route 48 to Cutchogue. From sign on south side of Rt 48 "Entering
Cutchogue. Fire District", go .4 mile. Turn left (north) onto.Alvah's Lane. Kauneckas.property
Line begins approximately .2 nmm- _. _.�...� �.
�ITIT � mile o. right. Residential home & agricultural barns identified by
red truck mailbox#8500, located .4 mile from turn onto Alvah's Lane,
Form A—Part 2- Item #2: Area Excluded from Conservation Easement
Kauneckas Farm
An area equal to approximately 2 acres has been excluded from the proposed
development rights easement area. The Reserve Area contains an existing residential
dwelling and barns.
The Town's program has historically excluded residential dwellings from development
right easements. The Kauneckas Family is not proposing to subdivide the residential
dwelling from the area with the development rights easement. Exclusion of the Reserve
Area from the development rights easement will not affect the long-term viability of the
agricultural land.
The subject property has not been subdivided by the current landowner within the five
years preceding the date of this application.
The Town, in its review of the Kauneckas property, determined that the property contains
scenic value in addition to agricultural value. In light of this, the Town has designated an
Agricultural Structure Area and a Limited Agricultural Structure Area within the
easement area. The locations of the designated areas are clarified on the attached
Agricultural Structure Area map. The Agricultural Structure Area is located behind and
to the northwest of the existing house and barn. All future agricultural structures allowed
within the easement area will be required to be located within this area unless they are
very small agricultural structures as described below. The Limited Agricultural Structure
Area is located southeast of the existing house and barn. Agricultural structures will
generally be prohibited within this area; however the easement will allow very small
agricultural structures within this area; for example, a small shed to cover an irrigation
well or a small run-in shed for equestrian purposes.
The Land Preservation Committee reviewed the site, soil maps, contour maps and the
location of the utility(Long Island Power Authority) easement on the property before
designing the designated area within the easement. It is the Committee's opinion that a
sufficient area is designated for future agricultural structures so as to not affect the long-
term viability of the agricultural land.
FORM A - PART 2 - Item #2 (Kautieckas)
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Form A—Part 2- Item#3: Statement of Relevance
Kauneckas Farm
In 1999, the Town commissioned a full farmland inventory and in 2000, unanimously
adopted a Farm and Farmland Protection Strategy. The Purchase of Development Rights
program is a vital part of the Farm and Farmland Protection Strategy, as is the continued
leveraging of Town funds with matching federal and state funds dedicated for farmland
preservation. Goals of the Farm and Farmland Protection Strategy include: 1) To preserve
land suitable for farming and 2) To ensure that farming remains an important part of the
local economy. The objectives of the Goals are to make farmland preservation a viable
and attractive option for landowners (as opposed to residential development) and to help
farms and farm-related businesses remain economically viable in the highly competitive
agri-business market, and in the face of escalating residential development. Preservation
of the Kauneckas farm meets the overall intent and goals and objectives of the Strategy. It
preserves land through the development rights program, it leverages the Town's funds
through a partnership with the State, it preserves an existing, actively farmed parcel and it
removes it from the threat of residential development.
In 1997, the Town adopted a Farmland Bill of Rights as part of the Town's Zoning Code,
Suffolk County in 1996, published an Agricultural and Farmland Protection Plan. The
goals of the plan include; 1) Preserve agriculture as an important Suffolk County industry
2) Ensure public policy is protecting, promoting as sustaining agriculture 3) Preserve
farmland as an important natural resource 4) Preserve the cultural continuity of farms and
farm families 5) Preserve 20,000 acres of productive farmland through the purchase of
development rights. The preservation of the Kauneckas farm meets the goals of the
County's Agricultural and Farmland Protection Plan.
Form A—Part 2- Item #4: Nature of Farm Enterprise
Kauneckas Fane
The subject farm has been under the ownership of the Kauneckas family since the early
1940's. The farm is currently owned by the Estate of Louise Kauneckas. Louise
Kauneckas made an application to preserve the farm, but passed away in July of this year
before preservation was completed. The Kauneckas family includes 7 of Louise's grown
children. It is the family's intent to continue with preserving the farmland.
Although family members farmed the property in the past, none of the Kauneckas family
members are currently farming. The farm is leased to a local farmer named Robert
Rutkoski. Mr. Rutkoski farms approximately 280 acres within Southold Town, including
the land adjacent to, and in the vicinity of the Kauneckas farm. Mr. Rutkoski plants
grain, including corn, wheat, rye, barley and oats. Mr. Rutkoski owns 5 acres of
farmland. His parents own a 30 acre farm which Mr. Rutkoski leases. The Town
purchased a development rights easement on his parents' farm several years ago.
Form A—Part 2- Item #5: Farm Succession
Kauneckas Farm
The Kauneckas farm is made up of Prime agricultural soils. The farm has been in some
type of agricultural use since the 1940's. The Kauneckas farm is adjacent to a 42 acre
preserved farm and is located within a 175± acre contiguous block of active farmland
without separation by public road. Within the 175± acre block of active farmland, 95±
acres are currently preserved by Town or County farmland easements and 32 acres
(including Kauneckas) are pending preservation. The subject farm includes over 1600
feet of public road frontage. The farm is supported by an irrigation well, barns and a
farmhouse.
Due to the death of Louise Kauneckas, the family is in a position of having to make
decisions about the future of the farm. The Town's purchase of a development rights
easement on this farm will change the current highest and best use from that of residential
development to a future highest and best use of continued agriculture. While the
Kauneckas family may not retain ownership of the property into the future, the
preservation of the farm will keep the land viable for farming into the future.
The Kauneckas farm is enrolled in the New York State Agricultural District Program.
r
Form A—Part 2- Item#6: Proximity to Protected Farms
Kauneckas Farm
The Kauneckas farm is adjacent to a 42 acre preserved farm. The farm is in the vicinity of
1,009 acres of active farmland, of which 391 are preserved with either Town or County
development right easements. More specifically, the Kauneckas farm is located within a
175± acre contigu6us block of active farmland without separation by public road. Within
the 175± acre block of active farmland, 95:L acres are currently preserved by Town or
County farmland easements and 32 acres (including Kauneckas) are pending
preservation.
The Kauneckas farm is within proximity of Oregon Road. All of the farms on Oregon
Road are on the Town's list for potential preservation.
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GIS Dasemap COPYRIGHT 2007,County of Suffolk,N.Y.
Form A—Part 2- Item#7: Significant Natural Resource Buffer
Kauneckas Farm
Preservation of this farm includes the preservation of agricultural soils. Preservation
limits future residential use; therefore, it protects the agricultural soils from conversion to
residential uses.
r'
Form A—Part 2- Item #8: Evidence of Development Pressure
Kauneckas Farm
The Town of Southold has been a farming community since its founding over 350 years
ago. The Town of Southold faces significant development pressure from an expanding
year-round population and a large and ever-growing demand for seasonal vacation
homes. The increased growth and development is placing severe pressure on the
agricultural lands, water supply, open and recreational space, rural character, natural
resources, and transportation infrastructure of the Town. In 1990, the US Census bureau
defined the western edge of the adjacent Town of Riverhead as urbanized.
Increasing development pressure has caused land values to skyrocket. The average per
acre price for Town development right projects acquired in the year 2000 was
approximately$10,000 per acre. The average per acre price for projects closed thus far
in the year 2007 is approximately$74,000 per acre, with purchase prices for projects
pending to close before year end ranging from $75,000 to $80,000 per acre. Development
pressures pose a threat to commercial farming because farmers are forced to compete
with residential buyers for larger lots.
Approximately one-third of the town, approximately 10,200 acres, is devoted to active
agriculture. Over the last twenty year period, public and private efforts to conserve
r
agricultural land for the future have been successful in preserving over 3,500 acres of
farmland; however, the Planning Board currently has before it 23 applications for
Standard Subdivisions (full yield subdivisions without a preservation component) and 5
applications for Conservation Subdivisions (subdivisions with a preservation
component). Many of the subdivisions are within the Agricultural Conservation Zoning
District and Low-Density Residential R-80 Zoning Districts which are comprised mainly
of prime agricultural land. The Kauneckas farm, like all farms in Southold Town, is
faced with significant development pressure as the land values continue to increase. The
Kauneckas farm is under additional development pressure due to the recent death of
Louise Kauneckas, as the family is now in a position of having to make decisions about
the future of the farm.
MELISSA A.SPIRO a. OF Town Hall Annex
LAND PRESERVATION COORDINATOR 15S, FI54375 State Route 25
melissa.spiro®town.southold.ny.us (corner of Main Rd&Youngs Ave)
Cz Southold,New York
Telephone(631)765-5711 !�
Facsimile(631)765-6640 t
MAILING ADDRESS:
P.O.Box 1179
Southold,NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
I am the owner of the property described below and I would like to explore preservation of this
land under the Town's Land Preservation programs.
Name of Owner (please print) r L
Names of other owners
Mailing Address !?- A -5
Phone Number e�, 2 __.....
Tax Map No. 1000 -- q 5 -- -- 3 - 1 Acreage offered for
_..
preservation 1
......
Property Location L-. Lj A i!-t 'S •J
Briefly describe the property (e.g., open space, active farmland, wetland, etc.) and ideas you
(nay have about preservation of your property.
You may talk with the Coordinator at 631-765-5711 to discuss questions or to arrange to
participate in any of the regular meetings of the Land Preservation Committee.
I understand that this application does not commit me, or the Town of Southold, to the
sale/purchase of the property or any portion of the rights thereto; rather, it signifies an interest
in serious dialog concerning the merit and method of possible preservation of my land.
date b7
Please return the completed form to
Southold Town Land Preservation Department
When you return this completed form, it would be helpful to include an existing survey/sketch and any other
readily available information that describes your property.
NYS Department of Agriculture and Markets
Request for Proposals—FY2007-2008
Responsibilities 0. Stewardship R or organization that .. ..... ��� 11-1-
Name of municipality g will hold Town of Southold
the conservation easement(s):
®.._ �..... _.. _
Name of municipality or organization, if any, that will
serve as a third party with right of enforcement for
the conservation easement(s):
regularly f monitor the conservation Preservation Dept.
I ty organization that will
Town of Southold — Land Pres � �
ation easement(s):
enforce
— _.....n m ... a _
p y g Town
CodeEnforcement aOfficereservafio
Name of munici alit or organization that will n Dept.
and defend the conservation easement(s):
Note: If the municipal applicant will NOT be holding or monitoring the conservation
easement, please attach a letter from the organization (labeled as "Form A — Part 2—
Item #90") that will be doing so, verifying its role in the project.
NYS Department of Agriculture and Markets
Request for Proposals—FY2007-2008
11. Conservation Easement Document — Applicants must specify which
conservation easement they intend to use in their local farmland protection
implementation project:
Xthe Department's Standard Agricultural Conservation Easement.
The Town of Southold has worked with the Department of Agriculture and Markets
in the past, and the language of the conservation easements used by the Town has
been approved by the Department. The Town is willing to use, and has used, the
Department's Standard Agricultural Conservation Easement with amendments
approved by the Department, and is willing to work with the Department in advance
to discuss any issues or concerns the Department staff may have.
❑ the applicant's conservation easement document. If so, the applicant
must indicate if it will consider any modifications to its conservation easement that
the Department deems necessary to achieve the goals of the Farmland Protection
Program. Please also submit a copy of your conservation easement
document with the proposal.
Note: For awarded projects, first priority for reviews of required documentation will
be given to those entities that use the Department's Standard Agricultural
f. Conservation Easement.
NYS Department of Agriculture and Markets
Request for Proposals—FY2007-2008
�- 12. Planning Documents — Non-county applicants should provide a copy (labeled
as "Form A — Part 2 — Item #12") of only the relevant sections of the planning
document(s) that serve as the basis for requesting implementation funding from the
State (e.g. a municipal farmland protection plan, comprehensive plan, or other
similar planning document).
Note: A county with an Agricultural and Farmland Protection Plan, approved
pursuant to Article 25-AAA of the Agriculture and Markets Law, SHOULD NOT
submit a copy of the approved county plan with its proposal.
Attachment "A" Chapter 70 —Agricultural Lands Preservation
Attachment "B" Chapter 17 — Community Preservation Fund
Attachment "C" Southold Town Farm & Farmland Protection Strategy
FORM A— Part 2 — Item #14
Key Personnel
The process of review, recommendation, negotiation and contract/closing,
involves:
Melissa Spiro, Land Preservation Coordinator (full time)
Town of Southold Department of Land Preservation
20 years working for the Town of Southold in Planning and Land Preservation
Departments
Melanie Doroski, Sr. Administrative Assistant (full time)
Town of Southold Department of Land Preservation
7 years working with the Land Preservation Coordinator
Lisa Clare Kombrink, Esquire
5 years as special counsel for the Town of Southold Department of Land
Preservation working with development rights easement contracts and closings
John P. Sepenoski, Chairman (volunteer)
Town of Southold Land Preservation Committee
d 6 years as a volunteer on the Land Preservation Committee (1 year as
Chairperson)
4t" generation of an active farm family in Southold Town
Members (volunteers) of the Town of Southold Land Preservation Committee
that include farmers and environmentalists.
APPENDIX D
GENERAL CONDITIONS FOR
AGRICULTURAL AND FARMLAND PROTECTION IMPLEMENTATION
AGREEMENTS
New York State Department of Agriculture and Markets
These general conditions apply to the administrative aspects of the
Grant Agreement and reflect New York State's contract recordkeeping and
payment procedures. These general conditions cannot be changed.
PAYMENT
Advance Payment
Upon approval of this Agreement by the State Comptroller, the
Contractor may submit a payment request (Standard Voucher) for an advance
payment on each project funded under this Agreement equal to twenty-five
percent (25%) of the total amount, as set forth in the project budget(s) annexed
as Appendix B of this Agreement, of the following administrative (i.e.
transactional) costs:
• title search (i.e. title report);
• legal survey;
• appraisal;
• environmental assessment of the subject property(ies), if deemed
necessary;
• outside easement expertise; and/or
• outside legal expertise.
Partial Disbursement
In lieu of receiving an advance payment as set forth above, the
Contractor may submit a payment request for partial disbursement of any or all
of the administrative (i.e. transactional) costs identified above that have been
incurred by the Contractor or a project partner, other than the participating
landowner(s), during the course of completion of the project(s) funded under this
Agreement.
Any partial disbursement request must be accompanied by the following
supporting documents:
1. a Standard Voucher requesting payment for up to 75% of the costs
incurred;
2. a project budget identifying those administrative (i.e. transactional) costs
(as identified above) that have been incurred; and
3. invoice(s) or paid receipt(s) for services that have been received.
Appendix D
C800655
The Contractor is not eligible to receive a partial disbursement of costs
incurred for a project if they have received an advance payment for that project
as set forth above. The Department will only allow one partial disbursement of
costs per project funded under this Agreement.
Final Payment
Final payment of state funds shall be made to the Contractor upon the
submission of a Standard Voucher, and the following supporting documents:
1. a fully executed purchase agreement (even if development rights will
be fully donated);
2. a Form B—Project Budget for Disbursement to represent the actual
total costs of the farmland protection implementation project as well as
the local matching contribution and the state funding requested;
3. a title insurance commitment for a policy to insure the conservation
easement interest indicating an amount of coverage at least equal to
the State's financial contribution toward the total project costs of the
conservation easement transaction for the subject farm — provided that
all title curatives required by the Department have been previously
approved by the Department prior to disbursement of the State's
financial contribution;
4. an appraisal by a New York State Certified General Real Estate
Appraiser;
5. a legal survey (including corresponding legal description), which has
been prepared by a licensed surveyor, of the proposed conservation
easement area for the subject farm;
6. an approved conservation easement or deed of development rights;
7. a draft baseline documentation report of the proposed conservation
easement area for the subject farm which describes the condition of
the property and an inventory of all man-made structures and
improvements that will be present at the time when the conservation
easement is conveyed;
8. a monitoring plan;
9. any agreement between the municipality and another to hold or
maintain the interest in the real property, if applicable; and
10. a signed waiver, if applicable, pursuant to Section 305(4) of the
Agriculture and Markets Law.
The Contractor shall submit all requests for payment, reports and
supporting documents to the following address: NYS Department of Agriculture
and Markets, Division of Fiscal Management,- 10B -Airline Drive, Albany, NY
12235.----Invoices,-standard -vouchers-and-any reports will not be considered
received by the Department and any interest which may be due the Contractor
Appendix D 2
C800655
will not begin to accrue until they have been received by the Division of Fiscal
Management.
Payment to the Contractor under this Agreement shall not be made
unless the Contractor shall have submitted to the Department a written payment
request together with such information as required by the Agreement. Payment
shall not be due until the 60th calendar day after receipt of the payment request,
where contract funds have been appropriated and made available to the
Department.
Upon examination of the Contractor's payment request and supporting
material, the Department may, in its sole discretion, modify or adjust the amount
requested to reflect contract funds expended as of the date of the request.
Subsequent to its review and approval of the payment request, the Department
will transmit the request to the Comptroller for payment.
The total payment made under this Agreement will not exceed the
Contractor's actual costs and expenses arising from the completion of the work
under this Agreement. Any partial disbursement made under this Agreement
shall be reconciled with the final disbursement(s) made for each project
associated with this Agreement.
TITLE
The Contractor shall ensure that the title to the lands or interests therein
shall be unencumbered or, if encumbered by outstanding or reserved interests,
the Contractor shall ensure that such encumbrance shall not interfere with the
agricultural and farmland protection purpose for which the interest therein is
being acquired. The Contractor shall provide a title policy and title insurance, at
a minimum, for the State's share of the interest in real property being obtained.
EASEMENT REQUIREMENTS
The Contractor shall require that all easements or other interests in land
acquired under this agreement:
1. run with the land in perpetuity;
2. prevent the land from being converted to non-agricultural uses; and
3. require that all amendments to the approved easement be authorized
by the Department.
I1IE,N "°III N OF DEVELOPMENT PMENT II IIQI°°IT
The Contractor shall notify the Department in writing if the Contractor
proposes to alienate, in-accordance-with the-proce-dure set forth in Chapter-25-of
-the- Town Code --of- the-Town of Southold,- any- of the development rights
Appendix 0 3
C800655
purchased under this Agreement. The Contractor shall reimburse to the
Department any State funds used for the purchase of .any development rights
which are subsequently alienated and reunited with the underlying fee title.
APPROVED AGREEMENTS AND MONITORING PLANS
The Contractor shall submit the proposed agreements to purchase
development rights or to obtain a conservation easement, the monitoring plan
and any sub-agreement to hold or maintain the interest in real property at least
sixty (60) days prior to the planned submission of the payment request for that
transaction. The Contractor and the Department shall negotiate the terms and
conditions of such agreements and monitoring plans, when necessary. The
Department shall advise the Contractor in writing when the agreements and
monitoring plans have been approved. Final payment under this Agreement
shall not be disbursed until the Contractor's agreements and monitoring plan
have been approved by the Department.
COMPLIANCE WITH LOCAL, STATE AND FEDERAL LAWS
The Contractor is responsible for complying with all local, state and
federal laws applicable to the work performed under this Agreement.
PAYMENT CONTINGENCY
Funds for payment under this Agreement are provided to the Department
through appropriations from the New York State Legislature. These
appropriations are made on a fiscal year basis. New York's fiscal year begins on
April 1 of each calendar year and ends on March 31 of the following calendar
year. Funds for payment under this Agreement were appropriated to the
Department during the 2007-2008 fiscal year and were or are expected to be
reappropriated during the 2008-2009 fiscal year. Payment for work under this
Agreement which is completed by the Contractor after the 2008-2009 fiscal year
is subject to appropriation or reappropriation of funds by the Legislature in each
subsequent fiscal year.
FINANCIAL LIMIT
The financial limit of State appropriated funds under this Agreement shall
not exceed the amount indicated on the latest executed version of the signature
page-of this-Agreement-and the Department shall not be obligated to make any
payment to the Contractor in excess of that amount.
Appendix D 4
C800655
CONTRACT EXPENDITURES
Expenditures under this Agreement shall conform to the budget annexed
as Appendix B, provided however, that the Contractor may vary budget
amounts by not more than fifteen percent (15%) within each specific budget
category. Any budget variance in excess of fifteen percent (15%) shall be made
only upon the prior written approval of the Department. This paragraph does
not apply to budget amounts of one thousand dollars ($1,000.00) or less.
NON-DUPLICATION OF PAYMENTS
The payments received by the Contractor under this Agreement shall not
duplicate payments received from any other source for the work performed under
this Agreement. In the event of such duplication, the Contractor shall remit to
the Department the amount which duplicated payment received from other
sources.
SUBCONTRACTS
Any subcontracts under this Agreement shall be in writing and shall clearly
describe the goods or services to be provided and the total cost of such goods or
services. Subcontracts for services only shall separately state the rate of
compensation on a per-hour or per-day basis.
FINAL REPORT
Not later than ninety (90) days from completion of the work under this
Agreement, the Contractor shall file with the Department a final report that
includes the documentation set forth in Appendix E of this Agreement.
RECORDS MAINTENANCE, EXAMINATION AND RETENTION
The Contractor shall maintain records and accounts in specific detail to
identify all contract funds received and expended under this Agreement. The
Contractor shall maintain a daily written record which contains the name(s) of
the officer(s) and employee(s) providing services under this Agreement and the
amount of time expended upon such services.
.. _. The ontra �t it shawl maintain the records required under this paragraph
as set forth in Appendix A to-this Agreement
Appendix D 5
C800655
INDEMNIFICATION
The Contractor agrees to indemnify and hold harmless the State of New
York and the Department from all liability incurred by the Department for bodily
injury and personal property damages resulting from the negligent acts, errors or
omissions of the Contractor, its officers, agents or employees in the provision of
services under this Agreement, provided that the Department promptly notifies
the Contractor of any such claim and affords the Contractor an opportunity to
defend such claim and cooperates fully with the Contractor in the defense of
any claims.
NON-SECTARIAN PURPOSE
The Contractor shall not expend funds received under this Agreement for
any purposes other than for performance of the work under this Agreement, and
hereby represents that no contract funds shall be expended directly or indirectly
for any private or sectarian purpose.
CONTRACTOR NOT DEPARTMENT EMPLOYEE OR AGENT
Neither the Contractor, nor its agents, employees, suppliers or
subcontractors shall be in any way deemed to be employees or agents of the
Department or of the State of New York in performing the work under this
Agreement.
DEVIATION FROM WORK
The Contractor shall perform the work under this Agreement as set forth
in the application attached as Appendix C. Any substantial deviation from the
application shall require the prior written approval of the Department.
TERMINATION
The Department may terminate this Agreement for convenience upon
giving thirty (30) days written notice to the other parry. Upon receipt of such
notice from the Department, the Contractor shall immediately cease work and
prepare a statement of costs, expenses and non-cancelable commitments
incurred_as:of the date of such termination.
--- =The=Department may terminate this Agreement for cause upon giving
one (1) day's written notice.
The Contractor's failure to perform in accordance with the terms of this
Agreement due to circumstances reasonably beyond the Contractor's control
should not constitute cause for termination pursuant to this provision. In the
Appendix D 6
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event of such failure to perform, the Department may, at its option, either grant
the Contractor a specified period in which to correct its performance, or
terminate this Agreement in accordance with this paragraph.
MODIFICATION
This Agreement may not be modified unless such modification is made in
writing, executed by the Department and the Contractor and approved by the
Attorney General and Comptroller of the State of New York.
NECESSARY SIGNATURES
If the financial limit under this Agreement exceeds Fifty Thousand Dollars
($50,000) this Agreement shall not be binding and effective upon the
Department unless and until approved by the Attorney General and the
Comptroller of the State of New York.
Appendix D 7
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APPENDIX
FINAL REPORT DOCUMENTATIONLI
The Contractor shall provide the Department with a copy of each of the
following documents within ninety (90) days following the closing of the conservation
easement transaction(s):
❑ A closing statement for each conservation easement transaction.
❑ All closing checks associated with each conservation easement
transaction.
The final title insurance policy issued for each conservation easement.
❑ Any subordination agreements and any mortgage discharge statements
that were required by the Department for each conservation easement.
A fully executed stewardship agreement and any other agreement
between applicant and easement holder if not the same entity (if
applicable).
❑ A recorded conservation easement (or deed of development rights, or
equivalent document).
Final baseline documentation report (including all attachments thereto and
as signed by landowner) for each conservation easement.
❑ Combined Real Estate Transfer Tax Return (form TP-584) as filed for
each conservation easement.
❑ Easement holder's letter to the NYS Department of Environmental
Conservation pursuant to Section 49-0305(4) of the Environmental
Conservation Law.
A statement of any problems encountered during the contract period
which may have affected the completion of the plan of work.
❑ A letter from easement holder to the Department indicating the
approximate date(s) of the first monitoring site visit for each conservation
easement.
Appendix E 1
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