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HomeMy WebLinkAboutFPIG-C800504-Ruland gUFFUC�- ELIZABETH A.NEVILLE Town Hall,53095 Main Road TOWN CLERK y P.O.Box 1179 �• '' Southold, New York 11971 REGISTRAR,OF VITAL STATISTICSvtyl - Fax(516) 765-6145 MARRIAGE OFFICER Telephone(516) 765-1800 RECORDS MANAGEMENT OFFICER ' FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON JUNE 8, 1999: RESOLVED, that the Town Board of the Town of Southold hereby authorizes Supervisor Jean W. Cochran to execute all necessary agreements to secure the Department of Agriculture and Markets Farmland Protection Implementation Grant. This grant is identified by Contract #C800504; the amount of the grant is $492,500.00 and the contract period runs from 4/6/98 - 3/31/2001. liazabeth A. NvMII Southold Town Clerk June 8, 1999 AGREEMENT A:* New York State Contract Number. C800504 Department of Agriculture and Markets 1 Winners Circle Albany,NY 12235-0001 Amount of Agreement: $492,500 Agency Code 06000 AGRICULTURAL AND FARMLAND PROTECTION Contract period: 4/6/98 to 3/31/01 IMPLEMENTATION GRANT Renewal Date: STATUTORY AUTHORITY:Agriculture and Markets Law Article 25AAA Municipal Code: 47-03-7900-0000 Contractor Name/Project Sponsor.Town of Southold street: PO Box 1179 city:Southold state:NY zip: 11971 Billing Address(If different from above): Street: City: State: Zip: Title/Description of Project: Town of Southold Agricultural & Farmland Implementation Grant THIS AGREEMENT INCLUDES TIMEFOLLOWING: FOR AMENDMENTS CHECK HAT APPLY: This coversheet 0 AddftkwW Work If Inc se In Amount: Appendix A(Standard Clauses for all New York State Contracts) ElExtenslon of Time Appendix B(Project Budget) From to Previous Amount: $ Appendix C(Agricultural&Farmland Protection Board Increase Amount Increase/decrease Application) Decrease Amount New Total: $ ®Appendix D(The Department's General Conditions) Renewal: _Remaining ®Appendix E (Federal Conditions) Revised Budget ®Appendix F-Cooperative Agreement 73-2C31-8-440 Revised Scope of Work E]Other The Contractor and the Depa went agree to be bound by the terms and conditions c tained in this A r ftt CON ACTOR NYS DEPARTMENT OF AGRICULTURE & C Su )v. MARKETS Signature of onw ctor`s Authorized Representative: Signature of Authorized Official: - Date: 6/11 /99 Datw— Old Typed or Printed Name of Above Representative: Typed or Print Name of Above Official: Jean W. Cochran. Sunervisor K 1,4- A /1 0 0 Title of Authorized Representative: Title of Authorized Official Notary Public: On this day before me personally appeared State Agency Certification: In addition to the acceptance to me known,and of this contract, I also certify that original copies of this known to me to be the same , signature page will be attached to all other exact copies instrument and duly acknowR T,\t f4 arte. of this contract. iLd-,L Attorney G_.� � eneral: FEB 22 2005-0 Office tate Comptroller: v � _--- 6 PETER FAVRET O 1 APPENDIX A STANDARD CLAUSES FOR ALL NEW YORK STATE CONTRACTS The parties to the attached contract,license, lease,amendment or other agreement of any kind(hereinafter,"the contract"or "this contract")agree to be bound by the following clauses which are hereby made a part of the contract(the word)"Contractor"herein refers to any party other than the State,whether a contractor„licenser,licensee,lessor,lessee or any other party): 1. 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 also beyond funds appropriated and available for this contract. 2.n2pWASSIGNMENT CL 4 Sf, 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 previous consent,in writing,of the State and any attempts to assign the contract are null and void. The Contractor may, however,assign its right to receive payment without the S'tate's prior written consent unless this contract concerns Certificates of Participation pursuant to Article S-A of the State Finance Law.. 3.COMPTROLLER'S APPROVA . In accordance with Section 112 of the State Finance Law(or,0 this contract is with the State University or City University of New York,Section 355 or Section 5218 of the Education Law), 0 this contract exceeds$10,000 (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 N 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. 4. O 'C NS O NEFIT , In accordance with Section 142 of the State Finance Law,this contract shall be void and of no force and affect 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. ON- ON REfUIRE S. In accordance with Article 15 of the Executive Law(also,known as the Human Flights 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,age,disability or marital status. Furthermore,In accordance with Section 2,20-e of the Labor Law, R 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. N this is a building service contractas defined in Section 230 of the Labor Law,then,in accordance with Section 239 thereof,Contractor agrees that neither it nor its subcontractora 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. 6.4N ,F ND HOURS P OyISfONS 11 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. 7. INION-COLLUSIVE BIDDING AEOUIREMENT, In accordance wilh Section 139-d of the State Finance Law,If this contract was awarded based upon the submission of bids,Contractor warrants,under penalty of perjury,that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further warrants 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. NT FtNATIONAL BOYCOTT PRt1Ifl In accordance with Section 2204 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 1974(50 USC App. Sections 2401 at 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(2 NYCRR 105.4). 9.SET-OFF RIGHTS. The State shall have all of its common law,equitable and statutory rights of set-off. These rights shall include,but not be limited to,the State's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract,any other contract with any State department or agency,including any contract for a term commencing prior to the term of this contract,plus any amounts due and owing to the State for any other reason Including,without limitation,tax delinquencies,fee delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights In accordance with normal State practices including,in cases of set-off pursuant to an audit, the finalization of such audit by the State agency,its representatives,or the State Comptroller. 10. RECORDS. The Contractor shall establish and maintain complete and accurate books,records,documents,accounts and other evidence directly pertinent to performance under this contract(hereinafter,collectively,"the Records"), The Records must be kept for the balance of the calendar year in which they were made and for six(6)additional years thereafter. The State Comptroller,the Attorney General and any other person or entity authorized to conduct an examination,as well as the agency or agencies involved in this contract,shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or,if no such office is available, at a mutually agreeable and reasonable venue within the State,for the term specified above for the purposes of inspection,auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law(the"Statute") provided that:(i)the Contractor shall timely inform an appropriate State official,in writing,that said records should not be disclosed; and(ii)said records shall be sufficlently Identified;and(iii)designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish,or in any way adversely affect,the State's right to discovery in any pending or future litigation. 11.IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION+ (a) FEDERAL EMPLOYER IDENTIFICATION NUMBER AND/OR FEDERAL SOCIAL SECUQITY NUMBER. All invoices or New York State standard vouchers submitted for payment for the sale of goods or services or the lease of real or personal property to a New York State agency must include the payee's identification number,i.e.,the seller's or lessor's identification number. The number is either the payee's Federal employer identification number or Federal social security number,or both such numbers when the payee has both such numbers. Failure to Include this number or numbers may delay payment. Where the payee does not have such number or numbers,the payee,on his invoice or New York State standard voucher, must give the reason or reasons why the payee does not have such number or numbers. (b) PRIVACY NOTIFICATION. (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 New York State's Central Accounting System by the Director of State Accounts,Office of the State Comptroller,AESOB,Albany, New York 12236. 12.EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN: In accordance with Section 312 of the Executive Law,if this contract is:(i)a written agreement or purchase order instrument, providing for a total expenditure in excess of$25,000.00,whereby a contracting agency is committed to expend or does expend funds in return for labor,services,supplies,equipment, materials or any combination of the foregoing,to be performed for,or rendered or fumished 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 renovation of real property and improvements thereon,or(iii)a written agreement in excess of$100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition,construction,demolition,replacement, major repair or renovation of real property and improvements thereon for such project,then: 2 3 (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,and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination.. Affirmative action shall mean recruitment, employment, job assignment,promotion,upgradings,demotion,transfer,layoff,or termination and rates of pay or other forms of compensation; (b)at the request of the contracting:agency,the Contractor shall request each employment agency,labor union,or authorized representative of workers with which it has a collective bargaining or other agreement or under-standing,to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race„creed,color,national origin,sex,age,disability or m,athal status and that such union or representative will affirmatively cooperate in the implementation of the contractor's obligations herein;and (c)the Contractor shall state, in all solicitations or advertisements tot 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 improvements thereon(the"Work")except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to.(i)work,goods or services unrelated to this contract; or(ii)employment outside New York State;or(uwi)banking services,insurance policies or the,sale of securities. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of his 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 N 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 Governor's Office of Minority and Women's Business Development pertalning 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 governed by Article XI-A of the State Finance Law to the extent required by law. 16.NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration(except where statutorily authorized),but must,instead,be heard in a court of competent jurisdiction of the State of New York. IT SERWIC 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 malt, return receipt requested. Service hereunder shall be complete upon Contractors actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State„ in writing,of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty(30)calendar days after service hereunder is complete in which to respond. 10. 1 0HIBITI0t1RCHASE O TROPICAL HAI' DW l . The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with,but not limited to,the specifications and provisions of the State Finance Law Article 165. (Use of Tropical Hardwoods)which prohibits purchase and use of tropical hardwoods„unless specifically exempted,by the State or any governmental agency or political subdivision or public benefit corporation, Qualifications for an exemption under this law will be the responsibility of the contractor to establish to most with the approval of the State. In addition,when any portion of this contract involving the use of woods,whether supply or installation,is to be performed by any subcontractor,the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in,compliance with specifications and provisions regarding use of tropical hardwoods as detailed in Article 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. 3 t 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 PROCURMENT 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 in the availability of New York State subcontractors and suppliers is available from NYS Empire State Development Minority&Women Owned Business Development One Commerce Plaza Albany,New York 12245 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 then$1 million: (a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractor,including certified minority and women-owned business enterprises,on this project,and has retained the documentation of these efforts to be provided upon request to the State; (b) The Contractor has complied with the Federal Equal Opportunity Act of 1972_P.L.92-261), as amended; (c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor,or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request,and (d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts. 21. RECIPROCITY AND SANCTIONS PROVISIONS Bidders are hereby notified that if their principal place of business is located in a state that penalizes New York State vendors,and if the goods or services that they offer will be substantially produced or performed outside New York State,the Omnibus Procurement Act 1994 amendments(Chapter 684.Laws of 1994)require that they be denied contracts which they would otherwise obtain. NOTE:South Carolina,Alaska,West Virginia,Montana,Wyoming, Louisiana and Hawaii were the states subject to this provision as of October, 1998. Contact NYS Empire State Development for a current list of states subject to this provision. October, 1998 4 f At r 1997-1998 BUDGET (Round II) Town of Southold, Suffolk County W. Ruland Property Main Road Mattituck, NY SCTM# 115-02-002.1 & 003 and 107-11-010 Approximately 70 acres Development Rights Purchased in January, 1999 Purchase Price of Development Value $ 449,450 Appraisal $ 2,500 Title Insurance $ 1,000 Town Attorney Fees 00 Total Costs $ 453,950 Payment for Development Rights State of New York $ 337,500 (74%) Town of Southold $ 116,450 (26%) �. tqzq STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS George E.Pataki Donald R.pavidsen,D.V.M. Governor Commissioner April B, 1998 Ms. Jean W. Cochran, Supervisor Town of Southold Town Hall, 53095 Main Road PC Box 1179 Southold, NY 11971 Dear Supervisor Cochran: I am very pleased to inform you that the Department of Agriculture and Markets has awarded the Town of Southold the sum of $337,500 to assist the Town in its farmland preservation efforts. These funds may be used to purchase development rights or conservation easements on any of the following properties you submitted for consideration under your Agricultural and Farmland Protection Implementation Grants application: C. & M. Young L. Woodhull Est. J. Eickhoff(Pugliese Vineyards) ACTM Equities Fiore(Peconic land Trust) W. Ruland W. Ackermann R. Van Nostrand R. Blum Raphael Vineyards L. Lappe L. Edson Before the state funds can be provided for the purchase of easements or development rights on any of the approved properties, it will first be necessary to develop a contract between the Department and the Town. This contract must contain, at least, 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 expenditures for which state reimbursement will be sought until the contract is approved. 1 Winners Circle* Albany,New York 12235*Phone:(518)457-4188 *Fax:(518)457-3087 ,r Ms. Jean W. Cochran Page 2 April 6, 1998 In order to facilitate the timely development of a contract, I am requesting that you identify the principal contact person with whom you would like us to work. •Please provide this information to Robert Somers who heads our Agricultural Protection Unit. He may be reached by phone at 518-457-2713, by fax at 518457-2716, or by mail in care of the Department's main offices located at I Winners Circle, Albany, New York 12235-0001. The Department looks forward to working with you in preserving your valuable farmland resources for agricultural production purposes now and in the future. Sincerely, Donald R. Davidsen Commissioner DRD/bas cc: Mr. Richard C. Ryan, Chairman, Land Preservation Committee Chair, County Agricultural and Farmland Protection Board ._.......... 1 6'4# � STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS 1 WINNERS CIRCLE ALBANY,NEW YORK 12235 VVWW of Aprk lkvw Pro*c ion 1 VW 0"04msm Sano y sla as7.7076 Fu:51a 457.2716 December 10, 1998 Ms. Jean W. Cochran, Supervisor Town of Southold Town Niall, 53095 Main Road PO Box 1179 Southold, NY 11971 Dear Supervisor Cochran: I am very pleased to inform you that the Department of Agriculture and Markets is awarding the Town of Southold the sum of$155,000 from federal funds we received to assist with farmland protection efforts. On July 17, 1998, the Department submitted a request for federal funding under Section 388 of the Federal Agriculture Improvement and Reform Act of 1996 which established the Farmland Protection Program. The Department was notified that the United States of America,Commodity Credit Corporation (CCC) and the Natural Resources Conservation Service (NRCS), awarded the State $1.4 million to purchase conservation easements or developrrre,nt rights on viable farmland which is under development pressure. The State's request for funding was a coordinated response and one that was cooperatively prepared with assistance from Department and municipal staff, county Comell Cooperative Extension offices, and the USDA Natural Resources Conservation Service. Federal funds are to be used in conjunction with farmland protection funding provided to you by the State in 1998. These funds must be used to purchase the development rights/conservation easements on the farms listed in the attached document. I have also enclosed a copy of my award letter designating the amount of State funding allocated to you in 1998. We are in the process of developing a contract which will authorize the transmittal of both the federal funds,authorized herein, and the state funds as awarded in the attached letter. In the meantime, if you have any questions concerning the federal award or the contract process, please contact Kim Blot or Bob Somers at(518)457-7076. Sincerely, Donald R. Davidsen, D.V.M. Commissioner ORD/res Enclosures cc: Marilyn Stephenson,Area Conservationist, USDA MRCS Ken Schmitt, Chair, Suffolk County AFPB Cy g-1fd on recn4ed dark. Town of Southold C. & M. Young Main Road Laurel, New York 11948 Tax Map Number: 125-01-006.1 Estate of L. Woodhull Elijah Lane Mattituck, New York 11952 Tax Map Number: 108-03-006.1 J. Eickhoff Pugliese Vineyards Bridge Lane Cutchogue, New York 11935 Tax Map Number: 97-01-016.1 ACTM Equities Oregon Road Cutchogue, New York 11935 Tax Map Number. 95-01-003 G. Young Main Road Orient, New York 11957 Tax Map Number: 19-01-001.2 R. Blum Main Road Cutchogue, New York 11935 Tax Map Number: 75-01-015.1 L. Edson Main Road Cutchogue, New York 11935 Tax Map Number: 102-02-016 ` Town Hall. 53095 Main Road i. P.O. Box 1179 „,. Southold. New York 11971 Fax (516) 765-;823 Telephone (5 16)765-1 Sol LANO PRESERVATION COMMITTEE TOWN OF SOUTHOLD Project Title-- Purchase of Development Rights of selected farmlands within the Town of Southold. pp icint: Town of Southold, Suffolk County, NY by: Jean W. Cochran Supervisor, Town of Southold Richard C. Ryan, Chairman,Town of Southold Land Preservation Comm. Address &Tela: Town Hail, 53095 Main Road, PO Box 1179, Southold, NY 11971 Tel. (516) 765-1801 Fax(516) 765-1823 Amount Requested: Maximum available as a match to expenditure of approximately S2.275 Million in estimated costs. Town of Southold share to be: about S 1 Million remaining from bond issue approved 11/05/96 and, necessary funds from a S`Million development rights and open space bond referendum, anticipated to receive voter-approval on 11/04/97. 12notion of Project: Commence January 1, 1997 End (approx.) October, 1998 l• Y To--n Hal1. .5.M maim 2aad P O Box !: SoUduild. 44ry `!tn1C 1;97! F= t51as 'Si-i5�� " Te+t-isonc:Sibf :oS•l�C; LAND PR£.SI=-RYATION CiD WITTE TOWN OF SOU HOLO Proiect Sammary Tfle Town of Souihold proposes a cooperative =ort to acquire-the deveiopmem ri2nrs to asuicsitiral prove.--es which have been submitted by their owns to the Land PTeserv=on Commute-of=Lie Town of Southold for sale Of such rias to the Town. The common characmissen cs of:hese propes and the commumry in wuich they are si=ted are dese-bed below. The plan under winch the Town proposes to ME=i s own, am`+ew York State cads. has been reviewed and approved by the Suffolk County Farmiand Board, as required by the NYS 1UP. (see-:Umcbmem Q agriculture in the Town of Southold roe'o-�u of Sour-hold '.s been a arm= community since:ts iotmding over-350 pears ago. .;ae '^suing;rears have seen many change's, most aoticeabiv population mc:-,..ses and-he a croac�xne=of home b ulding since:he early 1950's. The town is Iecated about 100 miles Som Ehe c=er of the New York--Metrovoiitan area, and is aciac=to :he Long Isiand suburbs of Veer York City which have a combined popaiation of over"000,,X0. These suburbs have been=paading eastward and have developed rhos or the arniand in western Suimik couary,and a large pmm==ge of drat in the eastern end of the coumy Some=duce is trucked from Southold to these areas,some tato qew Ensdad via i�acoss Lona Island Sound and an inaeas:#amount is mid ai;ar:n s=ds a=ac=many tourists to the area. A latae and thriving Farm communiry e:nainsin-me.own of Somhoid but its long ter-m viabulty is threatened Tea 'rhe:own oc=ies an arm of about 54 swore intes �=11131115, and=11131115 acres of ar-niand. a 1968 the:o,;vu comained 11,9.&0 acres of arnrlana_ The T ora has an .4 M=i=e enec=ngs na over-4869 acres winch doubled m size at the most rec= : new. an=-a-ut:L�:Te S �a JL3 CQ �IDDOR :llc1 3�1'.II�".mmuilItV- ofn= of the i'um,3ure= ae Cornei C-operative=c=om roam a—e t aaeaces, and atm uipraeat :eaters are:oc:ued :nor adiac=to the Town. In addiaon.arming hM&has C-11" e :o =- --rnawdaze ae yes. Stator'-M years moo, r-he cui&ation of=-mes, baa ;,e ma u ;T amine cave aec:,rae an '-"e-MPOr-M Part 01'-"e aa:ic:ir�i:rcauc ion of the area. Further, the growing of nursery stock and turf(sod), has become a portion of the industry which has contributed significantly to the health of the farm community in the Town. Plan of Work 1!1 ning Document: Recognizing the inexorable"encroachment of development on farmland, the Town has pursued a vigorous program of Farmland Preservation.The current Land Preservation Committee was first-established by Local Law in 1983. The goals and tasks of the Committee are,spelled out in Chapter 25 - Agricultural Lands Preservation, of the Town Code(see Attachment "A"). Selection of farmland parcels for preservation, is performed in accordance with a set of factors established by the Committee (see Attachment "B"). These factors meet the priority criteria of Section 325 of the New York State agriculture and Markets Law. Additionally, the Code details prohibitions and restrictions on use and/or alienation of farmlands preserved thereby. Prior Ac 'vitt': In 1983, 1987 and 1994, the community-approved bond issues, each for 51.75 ',Yrllion, to acquire the development rights to farmland. In 1996, the voters again approved a$2. iVfi]lion bond issue, for the continuation of development rights purchases. A serious and dedicated commitment to farmland preservation, thus far to the tune of 57.25 NL U ion, has been demonstrated by the voters and taxpayers of the Town of Southold. Present Project: The commitment continues. The remaining funds of the 1996 bond issue (approx. V. Nfillion), as well as an additional S2. Nfillion anticipated via a bond referendum for more purchases of development rights and open spaces, subject to voter- approval on 11/04/97, are ear-marked to projects submitted to the Land Preservation Committee. Further, the Town has worked closely with third parties (i.e. Peconic Land Trust and The Nature Conservancy) in certain situations where the purchase of development rights has been further enhanced by conservation easements secured on adjacent lands. This approach has effectively "leveraged" more land into preservation, at less cost to the Town. ' The ongoing program will be conducted much in the same manner as in the past. As will be shown herein, farmland owner-applications are in hand which would commit the funds available, if all are successfully concluded. Additional applications are always forthcoming. It is expected that this pattern will continue and may accelerate, dependent upon fund-availability, economic influences and public awareness. These viable and productive farmland applications, often represent an opportunity to consolidate and enlarge an expanse of preserved agricultural land, coupling together existing and newly- acquired areas of development rights held by the Town of Southold and the County of Suffolk. Present,Status 1. Outstanding Offers: -One-11-acre farm parcel is in contract, at a cost of$88,960. -Offers are outstanding on 8 farmland ownerships, comprising about 275 acres, having an estimated cost of $1.5 Million. 2. Work in Progress: - There are at present, applications in front of the Committee from 7 farmland owners offering development rights to approximately 330 acres of prime farmland, with an estimated cost of 52.275 Lfillion. These applications are being reviewed by the ComirArtee. Appraisals have been commissioned for some parcels. The applications are assigned a priority order, using established criteria, that is flexible to accommodate other worthy farmlands brought to the attention of the Committee. Experience indicates that the amount of acreage protected will only be limited by available funding- not the level of farmland-owner interest. Therefore, it is cridcaily-important to access ail sources of funding, in striving to preserve the greatest amount of farmland available. 3. Description and Status of Project Parcels above-noted (in priority order- see map attachments): 1. C. & M. Young, Main Road, Laurel; SCTI 125-01-006.1 11 acres of farmland. In contract. Cost=$88,960. 2. L Woodhull Est., Elijah Lane, Martituc4- SCTMr 108-03-006.1 17 acres of Farmland. Contract to be executed. Estimated cost=571.500. 3. J. Eickhoff(Pugliese Vineyards), Bridge Lane, Cutchogue; SCT 97-01-016.1 13.3 acres of farmiand. Contract to be executed. Estimated cost=S119. 700. 4. ACTVI Equities, Oregon Road, Cutchogue; SCTIW 95-01-003 31 acres of farmland. Contract tip be executed. Estimated cost=S185,000. S. Fiore(Peconic Land Trust), Main Road, Peconic; SCTA-44 86-01-009 36.5 acres of armland. Contract to be executed. Estimated cost= S255,000. 6. W. Ruknd, Main Road, Matvtuck, SCTNW 115-02-002.1 & 003 and 107-011-10 64.2 acres of farmland. Offer outstandine. Estimated cost = S450,000. 7. G. Young, Main Road. Orient: SC M'u 19-01-001? 34.5 acres of farmland. Offer outstanding. Estimated cos = S 151.300. S. W. Ackermann, Middle Road, Cutchogue; SCTMn 101-32-004 and 108-03-00 7 X8.7 acres of farmland. Offer outstanding. Estimated cost= S335,600. 9. R. Van Vostrnnd. 1Cn¢ Street. Orient: SCTM'yr ?5-1 1-;;0a I7.6 acres of farmland. Offer outstanding. Estimated cost=S149,600. Toil estimated cost of DR's in offers/contracts extendsdS1,7L7 400 10. R. Blum, Main Road, Cutchogue; SCTM:75-01-015.1 24.9 acres of farmland. Appraisal commissioned. Estimated cost=$200,000. 11. Raphael Vineyard, Main Road, Peconic, S&IW 85-03-011.1 50 acres of farmland. Appraisal commissioned. Estimated cost=$350,000. 12. F. Lappe, Main Road, Southold; SCTM#75-06-011 and 75-07-003. 54.3 acres of farmland. Estimated cost=S350,000. 13. L& R Vineyards, Middle Road, Mattituck, SCTNLr I01-01-004.1, 04.3 &005.2 117.5 acres of farmland. Estimated cost—S700,000. 14. C. Baiz, Main Rd. & Ackerly Pond Rd., Southold, SCTW 69-05-004.1 and 69-03-009.3 and 56-05-001.3. 48 acres of farmland. Estimated cost=S385,000. 15. S. Watts, Middle Road, Cutchogue; SCT;W 101-01-0;4.4-014.6. 12.6 acres of farmland. Estimated cost=S100,000. 16. L. Edson, Main Road, Cutchogue; SCTM0 102-02-016. 24 acres of farmland. Estimated cost=$190,000. Total estimated cost of owrt .r-an)nlicadon+ (.331.3 acres.) =S24,275 VIiiI. ion Ease em nts•- The development rights are held by the Town of Southold, in a dedicated fashion and in perpetuity. This fact is reflected in the title retained by underlying fee owner of the preserved farmland. Any proposed alteration in the terms of town-held easement, requires a public hearing, prior to adoption. The management/monitoring of the terms of each easement, is a task of the Land Preservation Committee. Timetable_ Reviews and appraisals are on-going before the Committee. Offers and coatract/closing of projects have commenced with available funds. Based on past experience, bond funds currently available, as well as those anticipated via 11/4/97 voter- approval, are expected to be disbursed or fully committed by October, 1998. Qeliyerahles The Town of Southold Land Preservation Committee stands ready to participate in this program with the State ofNlew York. The Town has a history of suct~ssful protection of it's farmland resource, through purchase of development rights. The above-noted projects attest to facts there are farmland owners willing to sell development rights to parties willing to pay the price to preserve them. Some owners will ultimately choose not to sell, however history indicates that those instances are quickly substituted by others who do. It is anticipated that this program will proceed at a healthy pace, given the inventory of parcels that qualify with the selection criteria adopted Generally, the development rights are within a cost-range of$6000. to 58,500. per acre, with the preponderance of the purchases nearer the 56000. figure. . K,y Personnel The process of review, recommendation, negotiation and contract/closing, involves the Town Board,generally,the Town Attorney, specifically, and the members of the Land Preservation Committee, specifically. Chairman: Richard C. Ryan,P.L.S.;Real Estate 01cer(NYSDOT/DEC), retired; licensed real estate broker. Members: James Rich, Businessman, retired; farmlandd owner. James Pim, P.E.; Suffolk County Health Dept. (water quality). Noreen McKenna, Coop. Ed. Coord.-Southampton College; farmer. Thomas leladiaran, Advertising/Media Executive, retired. Fred Lee, farmer. AMchael Croteau, Graphic Designer, farmer. BUDGET: :approximately Sl. VWhon remains available from the Town bond, approved by referendum in 1996. An additional 52. Million in bonds for deveiopment rights and open space purchases. is anticipated subsequent to voter approval on 11/04/97. Normal overhead expenses, in the form of bond issuance-expense, secretarial support/office expense, as well as the regular land acquisition expenses(title abstracting and insurance, recording fees, etc.), are anticipated TOWN OF SOUTHOLD LAND PRESERVATION CONMUME Factors to be Considered in Land-Parcel Selection The Town Code, in defining the purposes for the Open Space and Agricultural L4nds Preservation Chapters, states that the acquisition of open space or open area in Lands located within the Town, is in the public interest and a proper purpose of the Town. in defining the Agricultural Lands,prase on prograrn, the Code states that the acquisition of development rights in lands used in bona fide agricultural production, wt71 conserve, protect and encourage the improvement ofprirne agricultural lands, both for the production of food and the preservation of open space. These two programs have similar, but not identical goals. The Land Preservation Committee is given the responsibility of recommending to the Town Board, the purchase of fee or easement title to particular land parcels which meet the goals of these two land preservation programs. fn order for the Committee to fulfill it's duty to the Town Board and to the citizens of the Town, to recommend such land parcels for acquisition, the following factors, as-well as others applicable to specifac circumstances, are considered in reviewing the reletive benefits to the Town for any candidate-parcel. Farmland Selection Factors: 1. Currently involved in a bona fide agricuitural production practice. 2. Soils quality for agricultural production. �. Current/anticipated future practices, land-intensive or structure-intensive. 4. Size - 10 acres or greater. 5. Land designated within an established Agricultural District, pursuant to NWS law. Open Space Selection Factors: 1. Relatively natural and undisturbed condition. ?. Special topographic or historic features. 3. Significant wildlife habitat - emstingipotentiai. 4. Spe al views - to and/or from oarcei. Suffolk County Agricultural and Farmland Protection Board do Cornell Cooperative Extension - Suffolk County 246 Grifttng Avenue. Riverhead, NY 1190 1-3086 October 8, 1997 Marjorie Brague,Director Division of Fiscal Management NYS Dept. Of Agriculture and Markets 1 Winners Circle Albany,New York 1?2r,5 Dear Ms. Brague: The Suffolk County:agricultural and Farmland Protection Board met on October 8, 1997 to review pr000sals for marching State funds for the Suffolk County Agriculture and Farmland Program and to review proposals from local municipalities for State funds for their programs. The Town of Southold application was reviewed. Southold has a proven record of farmland development rights acquisition going back 14 years. New matching funds and development pressure has caused the Town to become more active in the last four years. Southold has passed community approved bond issues in 1994, 1996 and is proposing one in 1997. The Suffolk County Agricultural and Farmland Protection Board endorsed the Town's grant application at its October 8, 1997 meeting and looks forward to working with them in a cooperative way as it has in the past. Two parcel on the Town's list are also on the County's list They are 49 R Van Nostrand and 714 C. Biaz. Whoever has enough funding first will go after acquiring these parcels. Sincerely, ✓" ....d,. fid.+'.i.✓'"n' �+�" Kenneth Schmitt Chairnan Suffolk County A-mcwtursi and aarmiand 1170te-crion Board P P.O. 1179 p y tt17r FAA 0 t l rokpm.CIO 14SLI801 TOWN Of SOU"OLo December 1, 1997 Robert C. Somers,Ph.D. Chief- olt-Agricultural Prot brit Division of Aomhural iii proter ,don andDmelopment SeMM� NYS 1 epartrr�art ofAgriculture and Markets- FAXED: ( 1 g)457-271.6 Dear Bob: Per our telephone conversation this datc,please fnd listed beluwy the enumerated project parcels found in the October 15, 1997 pmpowd,togs with my indication oftheir owent respective agricultural use. 1. C. &M. YotuaX vegetable crops(this project has been cornp,leted). I L. oodhull Est.:anaual and p-cremiial plants!. 3. 1`. l"?ickhoff(Pueji Viii):vele Crops. 4. ACTM Equities: project tea; i ed. 5,Fiore(Peconic Land Trust): potatoes. 6. W.Ruland: potatoes and vegetable crops. 7. G. Young: vegetable crops. 8. W. Acltenwnn:grapes. 9. R Van Nostrand: vegetable crops. 10. R.Blum. grapes. 1 I.Raphael v'nneyards:grapes. 12. F. Lappe: potatoes. 13. L. &R vineyards:grapes. 14. C.Basz:grapes&vegetable crops. 15. K Watts: currently fallow- slated for grapes. 16. L. Edson: potatoes. Please,call me if You recd more information rgar-ding ftproject li taolu. Richard C.Ryan Chain= 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 Payment of state funds shall be made to the Contractor after approval of this Agreement by the State Comptroller, upon the submission of a payment request (Standard Voucher), an executed purchase agreement with the landowner, a budget report detailing the Contractor's match, two copies of an appraisal by a New York State Certified General Real Estate Appraiser, the required title policy, a copy of all subordination agreements, an approved easement or purchase of development rights, a monitoring plan, and any agreement between the Contractor and another to hold or maintain the interest in real property. 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, 1 Winner's Circle, 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 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. 1 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. 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. In the event of a failure of title, the Contractor will use the title insurance proceeds towards the purchase of an interest in another approved parcel contained in Appendix C or reimburse the Department for the amount of State funds paid. 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; 3. require that all amendments to the approved easement be authorized by the Department. 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 subagreement 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. No funds available under this Agreement shall be disbursed until the Contractor's agreements and monitoring plan have been approved by the Department. 2 y , 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 payments under this Agreement were or are expected to be appropriated to the Department during the 1997-98 fiscal year. Payment for work pursuant to this Agreement which is completed or continued by the Contractor after the 1997-98 fiscal year is subject to appropriation of funds by the Legislature in each subsequent fiscal year. FINANCIAL LIMIT The financial limit of State appropriated funds under this Agreement is Three Hundred Thirty Seven Thousand Five Hundred Dollars ($337,500) and the Department shall not be obligated to make any payment to the Contractor in excess of that amount. 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. 3 M + r + C FINAL REPORT Not later than thirty (30) days from completion of the work under this Agreement, the Contractor shall file with the Department a final written report including: a map depicting the location of properties where interests were purchased; a copy of the recorded easement or purchase of development rights and any monitoring plans or agreements for another to hold or maintain the interest in real property; and a copy of the final budget showing project expenditures. RECORDS MAINTENANCE, EXAMINATION AND RETENTION The Cdntractor 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 Contractor shall maintain the records required under this paragraph as set forth in Appendix A to this Agreement. 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. 4 w 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. MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE For this Agreement the Department has established the following goals: Minority business enterprises 1% Women owned business enterprises 1% TERMINATION The Department may terminate this Agreement for convenience upon giving thirty (30) days written notice to the other party. 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) ¢ay'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 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. 5 M NECESSARY SIGNATURES 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. w 6 MACBRIDE FAIR EMPLOYMENT PRINCIPLES STIPULATION Chapter 807 of the Laws of 1992 prohibits a State department from contracting for the supply of goods and services or construction with any Contractor who does not agree to stipulate that it either has no business operations in Northern Ireland, or if it does have such business operations, it shall take lawful steps in good faith to conduct such operations in accordance with the MacBride Fair Employment Principles. PLEASE READ AND INITIAL EITHER STATEMENT #1 OR STATEMENT #2. DO NOT INITIAL BOTH STATEMENTS. 1. The Contractor, and any individual or legal entity in which the Contractor holds a 10% 'or greater ownership interest and any individual or legal entity that holds a 10% or greater ownership interest in the Contractor has no business operations in Northern Ireland. 2. The Contractor, and any individual or legal entity in which the Contractor holds a 10% or greater ownership interest and any individual or legal entity that holds a 10% or greater ownership interest in the Contractor shall take lawful steps in good faith to conduct any business operations they have in Northern Ireland in accordance with the MacBride Fair Employment Principles and shall permit the independent monitoring of their compliance with such principles. Dated: 7 w APPENDIX E FEDERAL CONDITIONS FOR AGRICULTURE AND FARMLAND IMPLEMENTATION AGREEMENTS New York State Department of Agriculture and Markets These additional conditions apply to the portion of the grant which was funded pursuant to a cooperative agreement between the United States of America Commodity Credit Corporation and the NYS Department of Agriculture and Markets. FEDERAL FUNDING Pursuant to Cooperative Agreement 73-2C31-8-440, the Commodity Credit Corporation (CCC) has provided One Hundred Fifty Five Thousand Dollars ($ 155,000) of funding for this Agreement. The Contractor agrees to comply with applicable provisions of that Agreement and to assist the Department in complying with its obligations. RESTRICTIONS The CCC's contribution for the acquisition of each conservation easement or other interests in land shall not be more than Fifty percent (50%) of the purchase price of the conservation easement or other interests in land acquired by a county or local government under Agreement with the Department and may not be used for closing and related administrative costs incurred for acquiring the easement or other interests in land. PAYMENT CCC funds shall be paid to the Contractor only after receipt and approval of the final report by the Department and upon receipt of funds from the CCC pursuant to Cooperative Agreement 73-2C31-8-440. Nothing in this Agreement shall obligate the Department to make any payment on the One Hundred Fifty Five Thousand Dollar ($155,000) portion of the Agreement funded through CCC funds in excess of actual funds received from the CCC. The State is funding Three Hundred Thirty Seven Thousand Five Hundred Dollars ($337,500) of the Agreement and the Department shall not be obligated to make any payment of state funds in excess of that amount. The Department shall reduce the amount of any payment request from the Contractor if funds received are insufficient to cover the full payment. 8 EASEMENT REQUIREMENTS The Contractor shall require that all easements or other interests in land acquired under this agreement: 1. provide for the management and administration of the easement or . other interests in land by the county or local government and approved co- holding land trust, if any; 2. require management of the property in accordance with a conservation plan that is developed utilizing the standards and specifications of the NRCS field office technical guide and is approved by the Conservation District; 3. include the following provision: "Contingent Right in the United States of America: In the event that the county or local government and approved co-holding land trust, if any, fails to enforce any of the terms of this easement for other interests in land], as determined in the sole discretion of the Secretary of the United States Department of Agriculture, the said Secretary of Agriculture and his or her successors and assigns shall have the right to enforce the terms of the easement through any and all authorities available under Federal or State law. In the event that the county or local government and approved co-holding land trust, if any, attempts to terminate, transfer, or otherwise divest itself of any rights, title, or interests of this easement [or other interests in land] without the prior consent of the Secretary of the United States Department of Agriculture and payment of consideration to the United States, then, at the option of such Secretary, all right, title, and interest in this easement [or other interests in land] shall become vested in the UNITED STATES OF AMERICA." INDEMNIFICATION The Contractor shall indemnify, defend, and hold the Department harmless for any costs, damages, claims, liabilities, and judgments arising from past, present, and future acts or omissions of the Contractor in connection with the acquisition and management of the easements [or other interests in land] acquired pursuant to this Agreement. This indemnification and hold harmless provision includes but is not limited to acts and omissions of the Contractor's agents, successors, assigns, employees, contractors, or lessees in connection with the acquisition and management of the easements acquired pursuant to this Agreement which result in: (1) violations of any laws and regulations which are now or which may in the future become applicable, and including but not limited to the Resource Conservation and Recovery Act, as amended, 42 U.S.0 6901 of 9 seq., the Federal Water Pollution Control Act, as amended, 33 U.S.0 1251 et seq., the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 U.S.0 9601 et seq., the Toxic Substances Control Act, as amended 15 U.S.C. 2601 et seq., the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, 7 U.S.0 136 et seq., and the Safe Drinking Water Act, as amended, 42 U.S.0 300f et seq.; (2) judgments, claims, demands, . penalties, or fees assessed against the United States; (3) costs, expenses, and damages incurred by the United States; or (4) the release or threatened release of any solid waste, hazardous waste, hazardous substance, pollutant, contaminant, oil in any form, or petroleum product into the environment. TITLE INSURANCE The Contractor shall provide title policy insuring, in addition to the State's share of the interest in real property being obtained, the amount of the CCC funds paid for the United State's interest. In the event of a failure of title, the Contractor will reimburse the Department for the amount the CCC paid, less any amount paid to the United States from title insurance. ASSIGNMENT No assignment in whole or in part shall be made of any right or obligation under this Agreement without the joint approval of both the United States and the Department. Nothing herein shall preclude the United States or the Department from entering into mutually acceptable arrangements or agreements. Such documents shall be in writing, reference this Agreement, and be maintained as part of the official agreement file. ENFORCEMENT The Cooperative Agreement shall be enforced and interpreted in accordance with applicable Federal laws and regulations, directives, circulars, or other guidance. When the Contractor signs this Agreement, the Contractor agrees to be bound by the Cooperative Agreement to be administered in accordance with 7 CFR Part 3015-Uniform Federal Assistance Regulations and Part 3016-Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. NONDISCRIMINATION The program or activities conducted under this Agreement shall be in compliance with the nondiscrimination provisions contained in Titles VI and VII 10 of the Civil Rights Act of 1964, and other applicable nondiscrimination statues; namely, Section 504 of the Rehabilitation Act of 1973. These statutes are implemented through regulations of the Secretary of Agriculture (7 CFR, Part 15 and 15b), which provide that no person in the United States shall on the grounds of race, color, national origin, or handicap be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program receiving Federal financial assistance from the Department of Agriculture or any agency thereof or in any program activity conducted by, the Department. DRUG FREE The activities under this Agreement will be in compliance with Title V of the Drug-Free Workplace Act of 1988, 41 U.S.C.-702, and 7 CFR, Part 3017, Subpart F. FAILURE TO COMPLY If any recipient of Federal funds under this Agreement materially fails to comply with the terms of this Agreement, the Department reserves the right to wholly or partially recapture funds provided in accordance with 7 CFR Parts 1403, 3015, and 3016. 11 Agreement No. COOPERATIVE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA COMMODITY CREDIT CORPORATION and the NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS for the FARMLAND PROTECTION PROGRAM Ibis Cooperative Agrcernent,made this—day of_----, 1998 is entered into by and between 111e,United States ofAmerica,by and tlu'Ougll the Commodity Credit Corporation(CCC)and the Natural Resources Conservation Service(NRCS) (hereinafter"the United States"),and the New York State(NYS)Department of Agriculture and Markets for the implementation of the Farmland Protection Program (FPP). The CCC shall utilize the expertise and services Of its various agencies of the United States Department of Agriculture,including the NRCSand the Farm Service Agency(FSA). For purposes of this Cooperative Agreement, the term"Parties"refers Collectively,to the United States and,the NYS Department of Agriculture and Markets. I. AUTHORITY, This Cooperative Agreement is entered into bythe Uni tedS authorities of the Commodity Credit Charter Act, tates under the 15 U.S.C. 714 eta tion section 3 88 of the Federal Agriculture Improvement and Reform Act(Pub. L. 104-127, 16 U.S.C. 3830 note);and the Soil and Conservation Domestic Allotment Act(Pub. L.46, 16 U.S.C. 590a el seq.). The CCC administers the FPP under the general supervision of the Chief of the NRCS who is a Vice President of the CC(,,, IL BACKGROUND AND PURPOSE. Enacted on April 4, 1996,section 3 88 of the Federal Agriculture Improvement and Reform Act authorizes the Secretary of Agriculture to purchase conservation casements or other interests in land with prime, unique,or other productive soil that is subject to a pending offer from a StUe,Tribe,or unit of local government for the purpose of protecting topsoil by limiting non- cultural uses of the land- On March 20, 1998, CCC published a notice in the Federal Register requesting proposals for participation frorn States;, Tribes,and units of local government. See 63 FR 13615, ----------------- ...................... WHEREAS,the NYS Department of Agriculture and Markets and CCC have mutual interests in preventing the conversion of agricultural lands to non-agricultural uses; and ` WHEREAS,NRCS and CCC administer the FPP;and ' WHEREAS,the NYS Department of Agriculture and Markets administers a farmland protection program,and has pending offers for acquiring agricultural conservation easements from landowners within the State of New York,and therefore, the United States,and the NYS Department of Agriculture and Markets have agreed to combine their resources to assure that such areas are protected from conversion to nonagricultural uses. - Therefore,the parties agree to enter into this Cooperative Agreement. III. OBLIGATION OF FUNDS Upon execution of this agreement, the CCC shall obligate the sum of $1,400,000 for the acquisition of United States interests in conservation easements or other interests in land. l"he NYS Department of Agriculture and Markets must request payment of this amount in accordance with Part 1 'of this Cooperative Agreement by September 30,2000. After this date,,any remaining fluids will be released from this obligation. This Cooperative Agreement is the authorizing document to obligate CCC funds to acquire easements. The CCC's contribution for the acquisition of each conservation easement or other interests in land shall not be more than 50%of the purchase price of the conservation easement or other interests in land acquired by a county or local government under Agreement with the NYS Department of Agriculture and Markets and may not be used for closing and related administrative costs incurred for acquiring the easement or other interests in land. Attachment A to this Cooperative Agreement specifies the CCC funds to be used within the State of New York and includes a list with detailed breakdown of the:(1)name and mailing address of the landowner, (2)tax map number(s)of die property;(3)nurnber of acres to be acquired; and(4)esiiniated easement value, 11owever,nothing in this ent obligates the CCC or the NYS Departmart of Agriculture and Markets to purchase all of the conservation easements or interests in land listed. 'There may be further additions or,deletions to the list depending on the prices paid for theconservation cscnents or other interests in land,the ability to obtain good and clear title,acrd future funding for acquisitions after fiscal year 1998. Additions or deletions to the list will be made with mutual agreement between the Parties to this Cooperative Agreement. 2 IV. PAYMENTS The NYS Department of Agriculture and Markets shall notify MRCS When the CCC funds are to be paid. CCC funds shall be paid to the NYS Department of Agriculture and Markets after NRCS is notified that the conservation easement or other interests in Iand has been recorded and the NYS Department of Agriculture and Markets has �.�. '. pard the landowner. -Washington off ct- tt The NYS Department of Agriculture and Markets will submit Form SF-270 (Request for Advance/Reimbursement of Funds)and'the supplement information specified below to the New York MRCS State office. The NYS Department of Agriculture and Markets may submit the Form SF-270 after all the easements have been recorded and the landowner has been paid or on a quarterly basis for each quarter that easements have been recorded and the landowner has been paid. At a minimum,the following i 'ormation shall be included in,or attached to,the SF-270: (1)NYS Department of Agriculture and Markets; (2)agreement number;(3) easement contract number, (4)total amount of dollars paid for e serpent. specifying tine CCC share and the non-CCC share of the easernent cost;O term ofeasement; O acres acquired; (7)schedule payment number or final;(g)Tax Identihatiot 'N'umber "IN) for° NYS Department of Agriculture and Markets;( ) Federal Inforrnation Processinsl Standards(FIPS)number for NYS Department ofAgriculture and Markets (10) Parrk routing number and account number for desired deposit location; and(111) copy of the easement deed that contains the contingent right clause as described in Dart V of this Agreement. V. EASEMENT REQUIREMENTS. A. The NYS Department of Agriculture and Markets shall assure that conservation easements or other interests in land acquired by county or local government and approved co-holding land trusts,if any, under this agreement-, 1. run with the land in perpetuity;if shorter- tion [g 4onght the NYS 2. prevent the land from being converted to non-agricultural uses: 3. provide for the management and administration of the easement or other interests in land by the county or local government and approved co-holding land mist,if any. .. .... 4. require management of the property in accordance with a consen•ation plan that is developed utilizing the standards and specifications of the NRCS field offic: technical guide and is approved by the Conservation District:ani 5. include the following provision where title is held by thecounty or local government and approved co-holding land trust,if any. "Contingent Right in the United States of America: In the event that the county or local government and approved co-holding land trust if any,fails to enforce any of the terms of this easement for other interests in land];a< determined in the sole discretion of the Secretary of the United States Department of Agriculture,the said Secretary of Agriculture and his'or her successors and assigns shall have tl'me right to enforce the tenets of the easement through any and all authoritiesavailable under Federal or State law. _. In the event that the county or local government and approved co-holding land trust.if any,attempts to terminate,transfer,or otherwise divest itself of any rights. title,or interests of this easement for other interests in land]without the prior consent of the Secretary of the United States Department of Agriculture and payment of consideration to the United States,then,at the option of such Secretary,all right,title,and interest in this easement for other interests in land] shall become vested in the UNITED STATES OF AMERICA." B. Unless otherwise agreed to by the Parties, a county or local government and approved co-holding land trust, if any, shall hold title to any conservation easement or interest in land. However,title may be held by the United States at the request of the Secretary of Agriculture upon mutual agreement of the Parties. VL RESPONSIBILITIES. A. The United States responsibilities: 1. The United.States, by and through the NRCS,shall provide technical and other services regpiro to develop and implement conservation plans under this 60permve Agreement- To erasure that the conservation plan is implemented appropriately, the NRCS will be provided the opportunity to conduct periodic field visits on lands that are enrolled in the FPP. . 'Re CCC shall, subject to the availability of funds, disburse the appropriate funds to the NYS Depa :nament of Agriculture and Markets in accordance with Pan III and IV of this Cooperative Agreement, B. The NYS Department of Agriculture and Markets responsibilities: 4 L I'lle NYS Department of Agriculture and Markets shall assure that the county or local governinent PerfOr"I's necessary legal and administrative actions to ensure proper acquisition and recordation of valid easements or interests in land. 2, The NYS Department of Agriculture and Markets shall use all awardedfiinds under this agreement for the acquisition of conservation easements or interests in 16d within approved FPP areas. CCC fim&, shall pay for not more than 50%Of the Purchase price of the conservation easement or other interests in land acquired, 3. The NYS Departinent of Agriculture and gri Markets shall pay all costs of easement procurement and will operate and manage each easement in accordance with the NYS Department of Agriculture and Markets farmland Protection program and the F`Pp, The United States shall have no responsibility for the'costs or Inanagement of the easements purchased by the NYS Department of Agriculture and Markets. The NYS Department of Agriculture toad Markets shall indemnify,defend,and hold the United States harrilless for any costs,dainages'claims, liabilities,and judgments arising,from past,present, and future acts or on .ions ofthe NYS Department of Agriculture and Markets in connection with the acquisition and management of the easements for other interests in land) acquired pursuant to this Cooperative Agreement 11is indemnification mid hold harmless provision includes but is not limited,to acts It ns and omissions of S . Department of Agriculture and Market's agents, successors,assigns,employees,the MY contractors, or lessees in connection with the acquisition and management of the easements acquired pursuant to this Cooperative Agreement which result in: (1) violations of any laws and regulations which are now or wl-Lich may in the future become applicable,and including but not limite(I to the Resource Conservation and Recovery Act, as amended,42 U.S.C, 6901 et seq.,the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1,251 el seer,,the Comprehensive Environmental Response, Compensation,and Liability Act,as amended,42 U.S.C. 9601 of seq., the Toxic Substanem Control Act,as amended 15 U.S.C. 2601 el seq., the Federal frisecticidel Fungicide,and Rodenticide Act, as amended,7 U.S.C. 136 et seq.,and the Safe Drinking Water Act,as amended,42 U.S.C. 300f el seq.; (2)judgments,claims,demands, penalties, or fees assessed against the United States; (3)costs, expenses, and damages incun-ed by the United States; or(4)the release or threatened release of any solid waste, hazardous waste,hazardous substance,Pollutant,contaminant,,oil in,any form,or petroleum product into the environment. 4. The NYS Department of Agriculture and Markets shall require the incorporation into each conveyance:instrument in which CCC fiords are used as part of the acquisition.the"Contingent right in the United States of America"provision described in Part V of this Cooperative Agreement. 5. Prior to certification for payment, the NYS Department of Agriculture and Markets shall ensure that all lands for which a conservation easement or other interest in land has been acquired will have a conservation plan, as described in Part V of this Cooperative Agreement. 5 6. The NYS Department of Agriculture and Markets shall prohibit all non- agricultural uses of the encumbered properties. 7. In acquiring easement and interests in land, the NYS Department of Agriculture and Markets shall ensure that the title to the lands or interests therein shall be unencumbered or,if encumbered by outstanding or reserved interests,the NYS Department of Agriculture and Markets shall ensure that such encumbrance shall n6t interfere with the purposes for which the land or interests therein are being acquired. The NYS Department of Agriculture and Markets shall assure that proper tide evidence is secured and that the UniJCd States is insiired for the adequaCy of the title at least to the amount of the CCC price paid for the United States interest. In the event of a failure of title,the [STATE/County/ ocal Government) will reimburse the United States for the amount of the CCC paid, fess any amQunt paid-to thF United States from title insurance. 8. The NYS Department of Agriculture and Markets shall ensure that the consideration paid to any landowners for the conveyance to the NYS Department of Agriculture and Markets of any lands or interests in lands is no more than the fair market value of the land or interests conveyed,as determined by an appraiser licensed in the State. Any appraisal shall conform to the Uniform Appraisal Standards for Federal Land Acquisitions(Interagency Land Acquisition conference, 1992). 9. The NYS Department of Agriculture and Markets shall submit the documentation identified in Part IV of this agreement prior to CCC disbursing funds for payment. 10. Performance Reporting: The NYS Department of Agriculture and Markets will submit an annual report of the status of easement acquisition to CCC,or when requested by CCC or NRCS. This report format will be defined by NRCS and submitted to the United States representative for this Agreement. VII. GENERAL.PROVISIONS. A. The period Afthis agreement shall be from the date of the last signature affixed hereto through.December 31 M02. B. No assignment in whole or in part shall be made of any right or obligation under this Cooperative Agreement without the joint approval of both the United States and the NYS Department of Agriculture and Markets. Nothing herein shall preclude the United States or the NYS Department of Agriculture and Markets from entering into mutually acceptable arrangements or agreements. Such documents shall be in writing, reference this agreement,and be maintained as part of the official agreement file. 6 I r , w C. This Cooperative Agreement may be amended,extended,or modified by wriuen amendment signed by the authorized officials of the United States and the NYS Department of Agriculture and Markets. ' D, This agreement may be terminated by either party hereto by a written notice to the other � atx3 calendar d sb fe advance of the effective date of the termination. party agreementy United States if the United States determines that the NYS Department of Agriculture aridMarkets has failed to comply with the provisions of this agreement. In the event that this agreement is terminated for anw- reason, the financial obligations of the parties will be as set forth in 7 CFR Part 3016. E. This Cooperative Agreetrtent:shall be enforced and interpreted in accordance %with applicable Federal laws and regulations,directives,circulars,or other guidance: When signed, this Cooperative Agreement will become binding on the NYS Department of Agriculture and Markets and the United States to be administered in accordance%with 7 CFR Part 3015-Uniform Federal Assistance Regulations and Part 3016-Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. F. As a condition of this Cooperative Agreement,the NYS Department of Agriculrure and Markets assures and certifies that it is in compliance with,,and will comply in the course of the agreement with the Office of Management and Budget(OMB) Circular,A- 102 Uniform Administrative Requirements for Guts and Cooperative Agreements to State and local governments and other related circulars„ G. The program or activities conducted under this Cooperative Agreement shall be in compliance wvitlt the nondiscrimination provisions contained in 7mtles V1 and VII of the: Civil Rights Act of 1964,and other applicable nondikrimination statutes: namely. Section 504 of the Rehabilitation Act of 1973. "`nrese statutes are implemented through regulations of the Secretary of Agriculture(7 CFR,Part 1.5 and l b),wWch provide that no person in the United States shall on the grounds of race,color,national origin,or liandicap be excluded front participation in, be denied the benefits of,or be othemise subjected to discrimination under any program receiving Federal financial assistance from the Department of Agriculture or any agency thereof or in any program actiN in, conducted by the Department.. H. The activities under this agreement will be in compliance with Title V of the Drug- Free Workplace Act of 1988,41 U.S.C. 702, and 7 CFR, Part 3017,Subpart F. y 1. Employees of the NYS Department of Agriculture and Markets shall not be corrisidered as Federal employees or agents of the United States for any purpose under this agreement. .I. The NYS Department of Agriculture and Markets shall give CCC,NRCS. or the Comptroller General, through any authorized representative, access to and the rig?:;;%i examine all records, books, papers, or documents related to this agreement. 7 ............ .... . r a K. If any recipient of Federal funds under this Cooperative Agreement materially fails to comply with the terms of this Cooperative Agreement,the United States reserves the right to wholly or partially recapture funds provided in accordance with 7 CFR Parts 1403,3015,and 3016. 8 VIII. PRINCIPAL CONTACTS.. The United States representative for this Cooperative Agreement is: Richard Swenson, State Conservationist Natural Resources ConservatioiiScrvice,-.,r�..- on_behalf.ofthe-Commodity Credit Cor} ration The Cralleries of Syracuse 441 S. Salina St., Suite 354 Syracuse,NY 13202-2450 (3 15)477-6504 The NYS Department of Agriculture and Markets representative for this Cooperative Agreement is: Robert Bettcker NYS Department of Agriculture and Markets Fiscal Management 1 Winners Circle Albany,NY 12234 51 8-457-9564 IN NVIT�TESS WHEREOF, the following authorized representatives of the United States and the NYS Department of Agriculture and Markets have executed this Cooperative Agreement. NYS Department of Agriculture and Markets MA l 1 AI.GER Deputy Commissioner Ns rATEs01 RICA COMMODITY CRE ' (0' TION By: R ICS1A""r SNVENSON State Conservationist 9 " ATTACX24EKT A - SPECXAL PROVISXONS •I. DRUG-FREE WORKPLACE CERTIFICATION II. CERTIFICATION REGARDING LOBBYING III. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY T - PRIMARY COVEREDTRANSACTIONS e ICERTIFICATION___ .____ V. ASSURANCES AND COMPLIANCE TION OF RECORDS r ATTACHMENT A - SPECIAL PROVISIONS The signatories agree to comply with the following special provisions which are hereby attached to this agreement. I. Drug-Free Workplace By signing this agreement,_the sponsors are providing..-the certification set out below. If it is later determined that the sponsors knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free -Workplace Act, the Service, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Freo-' Workplace Act. Controlled substance means a controlled substance In-schedules I through Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308. 15) ; Conviction means a finding of (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacturing, distribution, dispensing, use, or possession of any controlled substance; Employee means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All direct charge employees; (ii) All indirect charge employees unless their impact or involvement is insignificant to the performance of the grant; and, (iii) Temporary personnel and consultants who are directly engaged ' in the performance of work under the grant and who are on the grantee's payral•l.—This definition does not include workers not on- the payroll of the grantee (e.g. , volunteers, even if used to meet a matching requirements; consultants or independent contractors not on the grantees ' payroll; or employees of subrecipients or subcontractors in covered workplaces) . Certification: A. The sponsors certify that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of'a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about--- (1) The danger of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-tree workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a) ; (d) Notifying the employee in 'the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will -- (1) Abide by the terms of the statement; and (2) Notifying the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such a conviction; (e) Notifying the Service in writing, within ten calendar days after receiving notice under paragraph (d) (2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification numbers) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice .under paragraph (d), ;) , with respect to any employee who is so convicted --- ' (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency; a r (g) Making a good faith effort to continue to maintain a drug- free workplace through implementation of paragraphs (a) , (b) , (c) (d) , (e) and (f) . (h) Agencies shall keep the original of all disclosure reberts in the official' files of the agency. B. The sponsors may provide a list of the site(s) for the performance of work done in connection with a specific project or other agreement. II. Certification Regardinel Lobb in 7 CFR 3018 (Applicable if this agreement exceeds $100,000) - The sponsors certify to the best of their knowledge and belief, that: (1) No Federal appropriated funds ,hav&.been paid or will be paid, bv or on behalf of the sponsors, to any ,person for influencing or attempting to influence an officer or employee of an agency, ,me- er of Congress, and officer or employer of Congress, or aMe:-. er cf Congress in connection with the awardiing of any Federal contracc., the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any :ederal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Concress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned, shall couplets and submi.- Standard Form - LLL, "Disclosure Form to Report Lobbying, " in accordance with its instructions. (3) The sponsors shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly'."' This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered in,:--o. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code.. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100, 000 for each such failure. III. Certification Reqardincr Debarment _S�S,Densjan and tither 11 Res . oasbllat MattersC+overed Transaction 7 CFR 30117 ( 1) The sponsors, certify to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; . ....._ (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,•• bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise cri:-,inally or civilly charged by a governmental entity (Federal, State cr local) with commission of any of the offenses enumerated in paragraph ( 1) (b) of this certification; and (d) Have not within a three-year period preceding this application/proposal has one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the primary sponsor is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this agreement. IV. Clean Air and Water Certification (Applicable if this agreement exceed $100,000, or- a facility to be used has been the 'subject of a conviction under the Clean Air Act (42 U.S.C. 1857c-8(c) (1) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c) ) and is listed by EPA,—or is not otherwise exempt. ) The project sponsoring organization(s) signatory to this agreement certifies as. follows: (a) Any facility to be utilized in the performance of this proposed agreement is , is not listed on the Environmental Protection Agency List of Violating Facilities. ' u (b) To promptly notify the State.Administrative Officer prior to the signing of this agreement by SCS, of the receipt of any communication from the Director, Office of Federal Activities, U.S. Environmental Protection Agency, indicatinc that any facility which he proposes to use for the performance of the agreement is under consideration to be listed on the Environmental-, Protection Agency List of Violating Facilities. (c) To include substantially this certification-; - - including this subparagraph (c) , in every nonexempt subagreement. CLEAN AIR AND WATER CLAUSE (Applicable only if the agreement exceeds $100,000, or a facility to be used has been the subject of a conviction under the Ce:.n Air Act (42 U.S.C. 105c-8(c) (1 ) or the Fe4eral Water Pollution Ccntrol Act (33 U.S.C. (1319(c) ) and is listed by EPA or the agreeme-t is nct otherwise exempt. ) A. The project sponsoring organization(s) signatory to ; s agreement agrees as follows : (1) To comply with all the requirements of section 114 of the Clean Air Act as amended (42 U.S.C. 1857, et seq. , as amended by Public Law 91-604) and section 308 of the Federal Water Pollution Contrc= Act (33 U.S.C. 1251 et. seq. , as amended by Publ_c Law 92-500) , respectively, relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section __; and section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the signing of this agreement by SCS. (2) That no portion of the work required by this agreement will be performed 4n-a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this agreement was signed by SCS unless and until the EPA eliminates the name of such facility or facilities from such listing. (3 ) To use their best efforts to comply with clean air standards and clean water standards at the facilities in which the agreement is being performed. (4) To insert the substance of the provisions of this clause in any nonexempt subagreement, including this subparagraph A. (4 ) . B. The terms used in this clause have the following meanings: (1) The term "Air Act" means the Clean Air Act, as amended (42 U.S.C. 1857 et seq. , as amended by Public Law 91-604) . (2) The term "Water Act" means Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq. , as amended by Public- Law 92.-500) . (3 ) The term "clean air standards" means any enforceable rules, regulations, guidelines, standards, limitations, orders; controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted pursuant to the Air Act or Executive Order 11738, an applicable implementation plan as described in section 110(d.) of the Clean Air Act (42 U.S.C'. 1857c-5(d) ) , and approved; implementation procedure or plan under section 111(c) or section 111(d) , respectively, of the Air Act (42 U.S.C. 1957c-6"(c) or (d) ) , or an approved implementation procedure under section 112(d) of the Air Acct (42 U.S.C. 1857c-7(d) ) . (4 ) The term "clean water standards" means any enforceable limitation, control, condition, prohibition, standards, or other requirement which is promulgated pursuant to the Water Act or contained in a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by section 402 of the Water Act (33 U.S.C. 1342) , or by a local government to ensure compliance with pertreatment regulations as required by section 307 of the Water Act (3 U.S.r':"1317) . (5) The term ".compliance" means compliance with clean air or water standards. Compliance shall also mean compliance with the scheduled or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency or any air or water pollution control issued pursuant thereto. (6) The term "facility" means any building,- plant, .installation, structure, mine, vessel or other floating craft, location or site of operations, owned leased, or supervised by a sponsor, to be utilized in the performance of an agreement or subagreement. ' Where a location or site of operations contains or includes more than one building, plant, installation, or structure, the entire location shall be' deemed to be a facility except where the Director, Office of Federal Activities, Environmental Protection Agency, determines that independent facilities are collocated in one geographical area. V. Assurances and Compliance As a condition of the grant or cooperative agreement, the rec:izi;ent assures and certifies that it is in compliance with and, will CcMply in the course of the agreement with all applicable laws, regal ionE, Executive Orders and other generally applicable requirements, including those set out in 7 CFR 301.5, 3016, 301.7b 3018 are 30,- � hereby are incorporated in this agreement by reference, and sic other statutory provisions as are specifically set forth here:.. VI. Examination of Records Give the Service or the Comptroller General, through any author4zed representative, access to and the right to, examine all recordE , books, papers, or documents related to this agreement. Retain ,all records related to this agreement for a period of three years after completion of the terms of this agreement in accordance with the applicable OMB Circular.