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:
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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.
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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
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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%)
�.
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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
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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.