HomeMy WebLinkAboutPlanning and Design Inter Municipal Agreement RESOLUTION 2017-249
ADOPTED DOC ID: 12858
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-249 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 21,2017:
WHEREAS,the Suffolk County Legislature dedicated funds within the County's 2016 Capital
Budget for Start-Up NY to support a New York State program designed to fund economic
development projects that encourage economic growth in Suffolk County; and
WHEREAS,the Suffolk County Department of Economic Development and Planning requested
that these funds be repurposed and awarded to municipalities to assist with planning and/or
design efforts that advance projects designed to encourage, stimulate, and trigger economic
growth in Suffolk County; and
WHEREAS,pursuant to Suffolk County Resolution No. 1145-2016, the sum of TWENTY FIVE
THOUSAND &XX/100 ($25,000) DOLLARS from County of Suffolk economic development
moneys was allocated to fund planning, design, and engineering services related to an updated
traffic study for Love Lane and Main Road in Mattituck to support the Southold Town Board in
developing shovel ready competitive grant applications to improve local roadways (hereinafter,
the"Mattituck Traffic Study"or the"Study"); and
WHEREAS, the improvements contemplated in the Study are critical to the tapping of untold
economic development potential, as well as the stimulation of job growth, Town infrastructure
and the continuation of ongoing revitalization within the Town of Southold; and
WHEREAS,in order to ensure the successful completion of the Mattituck Traffic Study,it is
necessary for the Town of Southold and the County of Suffolk to enter into an agreement that defines
the roles and responsibilities of the parties; and
WHEREAS, acknowledging the County of Suffolk's funding of the Studies and authorizing the
Supervisor to execute those documents and agreements necessary to the Town of Southold's
participation in the Study is not an action as defined by 6 NYCRR § 617.2(b), and therefore no
further SEQRA review is required,be it therefor
RESOLVED that the Town Board of the Town of Southold hereby ACKNOWLEDGES the
allocation by the County of Suffolk of economic development moneys in the amount of
TWENTY FIVE THOUSAND &XX/100 ($25,000) DOLLARS to fund planning, design, and
engineering services related to an updated traffic study for Love Lane and Main Road in
Mattituck to support the Southold Town Board in developing shovel ready competitive grant
applications to improve local roadways (hereinafter, the"Mattituck Traffic Study" or the
"Study"); and be it further
RESOLVED that Supervisor Scott A. Russell is hereby authorized execute any and all
documents and agreements necessary to ensure the successful completion of the Mattituck
i
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Resolution 2017-249 Board Meeting of March 21, 2017
Traffic Study, including but not limited to an inter-municipal agreement with the County of
Suffolk,upon such terms and conditions as may be acceptable to the Town Attorney.
Elizabeth A.Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Ruland, Councilman
SECONDER:Jill Doherty, Councilwoman
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
Updated: 3/13/2017 3:50 PM by Lynda Rudder Page 2
PLANNING AND DESIGN
INTER MUNICIPAL AGREEMENT
THIS AGREEMENT (the "Agreement") made the 60N� day of 2017
between COUNTY OF SUFFOLK (the "County"), a municipal corporation of the State of
New York, acting by and through its duly constituted Department of Economic
Development and Planning (the "Department"), having its offices at 100 Veterans
Memorial Highway, Hauppauge, New York 11788, and its Department of Public Works _
("DPW"), having its offices at 335 Yaphank Avenue, Yaphank, NY 11980, and TOWN
OF SOUTHOLD, a municipal corporation of the State of New York, having its offices at
53095 ROUTE 25, SOUTHOLD, NY 11971 (the "Recipient" or "Town").
The County, and/or the Recipient may also hereinafter be referred to as a "Party" or the
"Parties" as the context may require.
WHEREAS, the County Legislature dedicated funds within the County's 2016
Capital Budget for Start-Up NY to support a New York State program designed to fund
economic development projects that encourage economic growth in Suffolk County;.and
WHEREAS, the Department requested that these funds be repurposed and
awarded to municipalities to assist with planning and/or design efforts that advance
projects designed to encourage, stimulate, and trigger economic growth in Suffolk
County; and
WHEREAS, each of the projects awarded funds represent recommendations
formulated through community planning processes; and
WHEREAS, the Recipient requested funds for a study to evaluate the existing
traffic conditions and develop improvement strategies and identify traffic calming
opportunities for the reconfiguration of State Route 25 from the intersection with New
Suffolk Avenue to the inter �ctiion with Wickham Avenue, Love Lane from the
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intersection with State Route ; to the intersection with County Road 48 and Old Sound
Avenue from the intersection with State Route 25 to the intersection with Westphalia
Avenue (hereinafter the "Design Plan for State Route 25, intersections at New Suffolk
Avenue, Love Lane and Old Sound Avenue "); and
WHEREAS, by Resolution No. 1145-2016 (Exhibit "A"), the County Legislature of
the County of Suffolk, New York has appropriated moneys in the amount of Twenty
Five Thousand Dollars ($25,000.00) to assist the Town in undertaking the Design Plan
for State Route 25 , Love Lane and Old Sound Avenue ; and
WHEREAS, by Resolution No. 1146-2016 (Exhibit "B"), the County has
authorized the issuance of $3,500,000 in bonds, a portion of which are to finance the
County's portion of the Design Plan; and
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WHEREAS, by Town Resolution No. 2017-249, (Exhibit "C") the Town has
agreed to accept the assistance described in County Resolution 1145-2016 for the
purposes set forth in that Resolution.
NOW, THEREFORE, each of the Parties, for and in consideration of the
promises and agreements of the other Party, does covenant and agree as follows:
ARTICLE I
DESIGN PLAN
101. Design Plan. Pursuant to County Resolution No. 1145-2016, the County agrees
to provide reimbursement funding in the amount of Twenty Five Thousand Dollars
($25,000.00) to assist with a study to evaluate the existing traffic conditions and
develop improvement strategies and identify traffic calming opportunities for the
reconfiguration of State Route 25 from the intersection with New Suffolk Avenue
to the intersection with Wickham Avenue, Love Lane from the intersection with
State Route 25 to the intersection with County Road 48 and Old Sound Avenue
from the intersection with State Route 25 to the intersection with Westphalia
Avenue (hereinafter the "Design Plan for State Route 25, intersections at Love
Lane and Old Sound Avenue"). Funding may be used for completion of a Design
Plan and for related planning services. These funds are intended to off-set the
costs of the Design Plan as set forth in Exhibit "D" attached hereto. Initially, the
Recipient will obtain and have available all other funds necessary to complete the
Design Plan, as required by County Resolution 1145-2016. All services performed
under this agreement shall be carried out in accordance with all applicable laws,
codes, rules and regulations.
102. Conditions. As additional conditions precedent to the County's obligations
hereunder the following conditions shall have been met:
A. On or prior to the date hereof, the Recipient shall have provided the
County with documentation satisfactory to the Commissioner of the
Department (hereinafter "Commissioner") necessary to support the
financial assistance.
B. On or prior to the date hereof, the Recipient shall have delivered to the
Department proof satisfactory to the Commissioner indicating that there
are sufficient public and/or private funds committed to complete the
Design Plan and related planning services. In the event federal or state
grant funds are obtained to finance the Design Plan or any part thereof,
the federal and state requirements shall be met. Notwithstanding the
foregoing, if the County's requirements are more stringent, the County's
requirements shall prevail.
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C. On or prior to the date hereof, the Recipient shall possess title to the
Design Plan area.
D. On or prior to the date hereof, all private and municipal approvals required
to be obtained in order to access the Design Plan area shall have been
obtained.
103. Assignments and Subcontracts. The Contractor shall not delegate its duties
under this Agreement, or assign, transfer, convey, subcontract, sublet, or
otherwise dispose of this Agreement, or any of its right, title or interest therein, or
its power to execute the Agreement, or assign all or any portion of the moneys
that may be due or become due hereunder, (collectively referred to in this
paragraph 103 as "Assignment"), to any other person, entity or thing without the
prior written consent of the County, and any attempt to do any of the foregoing
without such consent shall be void ab initio. In the event that the County
approves such Assignment, the Assignment shall be subject to all of the
provisions of this Agreement and to any other condition the County requires. No
approval of any Assignment shall be construed as enlarging any obligation of the
County under the terms and provisions of this Agreement. No Assignment of the
Contract or assumption by any person of any duty of the Contractor under this
Agreement shall provide for, or otherwise be construed as, releasing the
Contractor from any term or provision of this Agreement.
104. County Property. Any and all property included within the scope of the Design
Plan that the County has an ownership interest in, collectively referred to in this
paragraph 104 as "County Property," shall be subject to the following provisions:
A. The Recipient, or any subcontractor retained for the completion of the
Design Plan, shall coordinate with the Department of Public Works
regarding any aspects of the Design Plan that concern County Property.
B. Any and all aspects of the Design Plan that affect County Property shall
be subject to approval by the Department of Public Works.
ARTICLE II
COVENANTS, AGREEMENTS, REPRESENTATIONS
201. Covenants. Recipient hereby covenants and agrees for itself and its successors
in interest to the Design Plan area or any part thereof, as follows:
A. The Recipient agrees that the financial assistance shall be repaid if the
Recipient fails to complete its obligations in accordance with this
Agreement.
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B. Environmental Compliance. In the event that any remediation work to the
Design Plan area is necessary, Recipient shall complete same at its sole
cost and expense. The County, in its sole discretion, may reimburse the
Recipient for such expenses upon submission of an invoice to the County
together with sufficient supporting documentation, if and only if sufficient
Design Plan funds remain.
C. Charges, Costs and Assessments. Any charges, costs, assessments or
levies imposed by any governmental entity for any cost incurred or
projected to be incurred for the cleaning up of any debris in the Design
Plan area shall be paid by Recipient. The County, in its sole discretion,
may reimburse the Recipient for such expenses upon submission of an
invoice to the County together with sufficient supporting documentation, if
and only if sufficient Design Plan funds remain.
D. Access to Design Plan Area. The Recipient agrees to execute and deliver
to the County any necessary easement or other form of access to any
area that is within the Recipient's control. Necessary easements or access
will be any access that the County, in its sole discretion, deems necessary
for completion of the Design Plan.
Any such easements or access conveyances pursuant to this section shall
be recorded in the Office of the Suffolk County Clerk, and shall grant to
the County and other necessary parties, such as contractors, access to
and the use by the County and other necessary parties of the Design Plan
area, which shall terminate (1) upon written notice'given by County to the
TownNillage that the subject notes and/or bonds issued to finance all or
part of the County's Contribution have been paid in full and retired, or (2)
the TownNillage pays to the County an amount comprised of the
outstanding principal amount of the County's notes and/or bonds used to
finance all or part of the County's Contribution plus all of the County's
issuance costs, interest costs, redemption premiums and penalties, if any,
and administrative soft costs therefor, should there be any failure of the
TownNillage to comply with any of the terms and conditions of this
Agreement.
202. Design Plan Signs. If the County, in its sole discretion, deems Design Plan signs
necessary to the completion of the Design Plan, the Recipient shall, at its own
cost and expense, promptly erect and maintain a Design Plan sign identifying the
interest of the Parties in lettering of such size and form as shall be approved by
the Commissioner. -The County, in its sole discretion, may reimburse the
Recipient for such expenses upon submission of an invoice to the County
together with sufficient supporting documentation, if and only if sufficient Design
Plan funds remain. The provisions of this Section 202 shall survive until
completion of the Design Plan.
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203. Drawings. Upon completion of the Design Plan, Recipient shall submit to the
Commissioner duplicate originals of any plans or reports that result from the
Design Plan.
204. Reports. Recipient shall submit a narrative report in writing to the Commissioner
within six (6) months after the date hereof, and every six months thereafter, up to
the time of completion of the Design Plan, as to the progress of the project.
205. Access. The Recipient shall permit representatives, employees and agents of the
County to have access at all reasonable times to all parts of the Design Plan
area for the purpose of obtaining data and making various tests concerning the
Design Plan area necessary to carry out and/or ensure that the Recipient is
carrying out the provisions of this Agreement.
206. Accounting and Audit Procedures.
A. The Recipient shall maintain accounts, books, records, documents, other
evidence, and accounting procedures and practices which sufficiently and
properly reflect all direct and indirect costs of any nature expended in the
performance of the Agreement, in accordance with generally accepted
accounting principles and with rules, regulations and financial directives,
as may be promulgated by the Suffolk County Department of Audit and
Control and the Department. The Recipient shall permit inspection and
audit of such accounts, books, records, documents and other evidence by
the Department and the Suffolk County Comptroller, or their
representatives, as often as, in their judgment, such inspection is deemed
necessary. Such right of inspection and audit as set forth in subparagraph
(B) below shall exist during the execution of the Agreement by the Parties
and for a period of seven (7) years after expiration or termination of the
Agreement.
B. All payments made under the Agreement are subject to audit by the
Suffolk County Comptroller pursuant to Article V of the Suffolk County
Charter. The Recipient further agrees that the Comptroller and the
Department shall have access to and the right to examine, audit, excerpt,
copy or transcribe any pertinent transactions or other records relating to
improvements contemplated under the Agreement.
C. The Recipient shall retain all accounts, books, records, and other
documents relevant to the Agreement for seven (7) years after final
payment is made by the County. Federal, State, and/or County auditors
and any persons duly authorized by the County shall have full access and
the right to examine any of said materials during said period. Such access
is granted notwithstanding any exemption from disclosure that may be
claimed for those records which are subject to nondisclosure agreements,
trade secrets and commercial information or financial information that is
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privileged or confidential. Without limiting the generality of the foregoing,
records directly related to contract expenditures shall be kept for a period
of ten (10) years because the statute of limitations for the New York False
Claims Act (New York False Claims Act § 192) is ten (10) years.
D. The provisions of this paragraph shall survive the expiration or termination
of the Agreement for a period of seven (7) years, and access to records
shall be as set forth in subparagraph (C) above.
207. Timely Completion. The Recipient will undertake any steps necessary to ensure
that:
A. The Design Plan funds are utilized to undertake the Design Plan project
that will evaluate the existing traffic conditions and develop improvement
strategies and identify traffic calming opportunities for the reconfiguration
of the "Design Plan for State Route 25, Love Lane and Old Sound
Avenue"; and
B. The Design Plan project shall commence no later than two (2) months
from the date of this Agreement and shall proceed diligently through
completion of the Design Plan within twenty-four (24) months from the
date hereof unless the Commissioner has granted an extension in writing,
for good cause shown. Said extension shall be no longer than twenty-four
(24) months unless approved by a duly enacted resolution of the Suffolk
County Legislature.
ARTICLE III
PROHIBITION AGAINST ASSIGNMENT AND TRANSFER
301. Prohibition Against Transfer of Property and Assignment of Agreement. So long
any easement or access conveyance pursuant to this Agreement remains in
effect, Recipient represents and agrees, for itself and its successors and assigns
that, it has not made or created, and will not make or create, or suffer to be made
or created, any total or partial sale, assignment, conveyance, mortgage or lease
nor will it make or create any trust or power, or transfer in any other mode or form
of, or with respect to this Agreement or the Design Plan or any part thereof or
any,interest in the affected real property therein, or any contract or agreement to
do any of the same, without the Commissioner's permission.
302. Representations. Each of the Parties hereby represents for itself and its
successors in interest to the Design Plan area or any part thereof, as follows:
A. This Agreement is for the sole purpose of providing financial assistance for
design and planning in the Design Plan area and for no other purpose
inconsistent therewith. Recipient recognizes, in view of (1) the importance of
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the development of the Design Plan area to the general welfare of the
community, and (2) the substantial financing and other public aid that have
been made available by law and by governmental entities for the purpose of
making such development possible, that the County is relying on the
Recipient for the faithful performance of all agreements, undertakings and
covenants hereby to be performed hereunder.
B. This Agreement is a legal, valid and binding obligation of each of the Parties
with respect to provisions applicable to such Party, and, upon due execution
and delivery by the Parties hereto, as applicable, all agreements, instruments
and documents to be executed by such Party in connection with the
transactions contemplated hereby will be legal, valid and binding obligations
of such Parry, each enforceable against such Party in accordance with its
terms. Recipient is a Town, duly organized, validly existing and in good
standing under the laws of the State of New York, has all requisite power and
authority to own, operate and lease its properties and to carry on its
operations as now conducted, or as contemplated to be conducted by the
terms hereof.
C. Each of the Parties has full power and authority to execute, deliver and
perform its obligations under this Agreement and all agreements, instruments
and documents contemplated hereby, and all actions of the parties, as
applicable, necessary for such execution, delivery and performance of this
Agreement and the transactions contemplated hereby have been duly taken.
ARTICLE IV
REMEDIES
401. Right to Terminate.
A. Without limiting, and in addition to any other rights and remedies available to
the County pursuant to this Agreement, and unless an extension of time has
been granted by the Commissioner or as otherwise permitted, in the event
that Recipient shall fail to fulfill its obligations under this Agreement, or has
otherwise defaulted in its obligations hereunder, and if such failure is not
remedied or in the case of default not capable of remedy within such time not
begun to be remedied within sixty (60) days after the Commissioner has
provided written notice of such failure, then the County shall have the right to
terminate this Agreement and the County shall have no further obligation
pursuant to this Agreement. Notwithstanding anything to the contrary herein,
if the condition giving rise to the County's right to terminate is such that
correction or cure is impossible or impracticable to complete within 60 days
after notice, then Recipient shall be obligated to commence to cure or correct
the condition within such 60-day period and thereafter diligently to prosecute
the cure or correction of such condition to completion and County shall not
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have the right to terminate this Agreement for so long as Recipient is
diligently prosecuting to cure or correct such condition. It is the intent of this
Agreement that the County's obligation to Recipient shall be made upon the
condition that, if any default, failure, violation, or other action or inaction by
Recipient is not remedied, ended or abrogated within the period provided, if
any, and in the manner stated, the Department, at its option may declare a
termination of this Agreement, and the County's obligations hereunder shall
terminate, but such termination shall not limit any other rights or remedies
available to the County pursuant to this Agreement, at law or in equity.
ARTICLE V
GENERAL PROVISIONS
501. Non-Discrimination. Each of the Parties covenants and agrees, for itself and on
behalf of each of its affiliates, successors and assigns, lessees, agents,
contractors and subcontractors and every successor in interest to the Design Plan
area, or any part thereof, to be bound by the following covenants, which shall be
binding for the benefit of the County and enforceable by the County to the fullest
extent permitted by law and equity:
A. Non-Discrimination in Employment and Affirmative Action. In connection
with the performance of this Agreement there shall be no discrimination
against employees or applicants for employment because of race, creed,
color, national origin, sex, age, disability, sexual orientation, military status
or marital status, and the Parties will undertake or continue existing
programs of affirmative action to ensure that women and minority group
members are afforded equal employment opportunities without
discrimination. Affirmative action shall mean recruitment, employment, job
assignment, promotion upgrading, demotion, transfer, layoff, or termination
and rates of pay or other forms of compensation any of which shall be
intended to overcome the effects of intentional or unintentional
discrimination.
B. Non-Discrimination in Services. No agreement, lease, conveyance, or other
instrument concerning this Agreement or any improvements erected or to
be erected thereon, or any part thereof, shall have the effect of
discrimination because of race, creed, national origin, sex, age, disability,
sexual orientation, alienage, citizenship or marital status, nor utilize criteria
or methods of administration which have the effect of subjecting individuals
to discrimination because of their race, creed, national origin, sex, age,
disability, sexual orientation, alienage, citizenship or marital status or have
the effect of defeating or substantially impairing accomplishment of the
objectives of the program in respect to individuals of a particular race,
creed, national origin, sex, age, disability, sexual orientation, alienage,
citizenship or marital status. Further, during the performance of this
Agreement:
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1. The Parties shall not, on the grounds of race, creed, color, national
origin, sex, age disability, sexual orientation, military status or marital
status:
a. deny any individual any services or other benefits provided
pursuant to this Agreement; or
b. provide any services or other benefits to an individual that are
different, or are provided in a different manner, from those
provided to others pursuant to this Agreement; or
C. subject an individual to segregation or separate treatment in
any matter related to the individual's receipt of any service(s)
or other benefits provided pursuant to this Agreement; or
d. restrict an individual in any way in the enjoyment of any
advantage or privilege enjoyed by others receiving any
services or other benefits provided pursuant to this
Agreement; or
e. treat an individual differently from others in determining
whether or not the individual satisfies any eligibility or other
requirements or condition which individuals must meet in
order to receive any aid, care, service(s) or other benefits
provided pursuant to this Agreement.
2. The Parties shall not utilize criteria or methods of administration
which have the effect of subjecting individuals to discrimination
because of their race, creed, color, national origin, sex, age,
disability, sexual orientation, military status or marital status, or have
the effect of defeating or substantially impairing accomplishment of
the objectives of this Agreement in respect to individuals of a
particular race, creed, color, national origin, sex, age, disability,
sexual orientation, military status or marital status in determining:
a. the types of service(s) or other benefits to be provided; or
b. the class of individuals to whom, or the situations in which,
such service(s) or other benefits will be provided; or
C. the class of individuals to be afforded an opportunity to
receive service(s).
C. The covenants of Paragraphs 501(A) and (B), as applicable, shall be
included in any agreement, lease, conveyance, or other instrument with
respect to the sale, lease, or occupancy of the Design Plan area or any
improvements erected or to be erected thereon, or any part thereof.
D. Compliance with this Section 501 constitutes a material term of this
Agreement, and it is binding upon the Parties and their affiliates,
successors, transferees, and assignees for the period of this Agreement.
The Parties also agree that the County may, at its discretion, seek a court
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order requiring compliance with the terms of this Section 501 or seek other
appropriate judicial relief.
502. Gratuities and Disclosure Statement.
A. Gratuities. Recipient represents and warrants, and shall require its
successors and assigns to represent and warrant, that it has not offered or
given any gratuity to any official, employee or agent of Suffolk County or
New York State or of any political party, with the purpose or intent of
securing an agreement or securing favorable treatment with respect to the
awarding or amending of an agreement or the making of any
determinations with respect to the performance of an agreement, and that
the signer of this Agreement has read and is familiar with the provisions of
Local Law No. 32-1980 of Suffolk County (Chapter 664 of the Suffolk
County Code).
B. Disclosure Statement. Recipient represents and warrants, and shall
require its successors and assigns to represent and warrant, that, unless
exempt, they have filed with the Comptroller of Suffolk County the verified
public disclosure statement required by Suffolk County Administrative
Code A5-8 and shall file an update of any changes to such statement with
the said Comptroller on or before the 31st day of January in each year of
this Agreement's duration. Recipient acknowledges that such filing is a
material, contractual and statutory duty and that the failure to file such
statement shall constitute a material breach of this Agreement, for which,
inasmuch as actual damages shall be difficult or impossible to calculate,
the County shall be entitled, upon a determination that such breach has
occurred, to liquidated monetary damages, in addition to other legal
remedies, of fifteen percent (15%) of the amount of the financial
assistance provided in this Agreement.
503. Conflicts of Interest.
A. Recipient agrees that it will not, during the term of this Agreement, engage
in any activity that is contrary to and/or in conflict with the goals and
purposes of the County.
B. Recipient is charged with the duty to disclose to the County the existence
of any adverse interests, whether existing or potential. This duty shall
continue so long as the term of this Agreement. The determination as to
whether or when a conflict exists or may potentially exist shall ultimately
be made by the County Attorney after full disclosure is obtained.
504. Confidentiality. Any records, reports or other documents of the County or any of
its agencies used by the Parties pursuant to this Agreement or any documents
created as a part of this Agreement shall remain the property of the County and
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shall be kept confidential in accordance with applicable laws, rules and
regulations.
505. Reincorporation. Prohibition Against Contracting with Corporations that
Reincorporate Overseas. Recipient represents that it is in compliance with
Suffolk County Administrative Code §§ A4-13 and A4-14, found in Suffolk County
Local Law No. 20-2004, entitled "A Local Law to Amend Local Law No. 5-1993,
To Prohibit The County of Suffolk From Contracting With Corporations That
Reincorporate Overseas." Such law provides that no contract for consulting
services or goods and services shall be awarded by the County to a business
previously incorporated within the U.S.A. that has reincorporated outside the
U.S.A.
506. Use of County Resources to Interfere with Collective Bargaining Activities Local
Law No. 26-2003. Recipient represents and warrants that it has read and is
familiar with the requirements of Chapter 803 of the Code of Suffolk County "Use
of County Resources to Interfere with Collective Bargaining Activities." The
Parties shall fully comply with the requirements of Local Law No. 26-2003.
507. Certification as to Relationships. Pursuant to Suffolk County Code Chapter 189,
Recipient hereby certifies that, other than the funds provided in this Agreement
and other valid Agreements with the County, there is no known relationship
within the third degree of consanguinity, life partner, or business, commercial
economic or financial relationship between the Parties, the signatories to this
Agreement, and any partners, members, directors, or shareholders of five (5%)
percent or more of any Party to this Agreement.
508. Use of Funds in Prosecution of Civil Actions Prohibited. Pursuant to the Suffolk
County Code § 893-3, Recipient represents that it shall not use any of the
moneys received under this Agreement, either directly or indirectly, in connection
with the prosecution of any civil action against the County of Suffolk or any of its
programs funded by the County, in part or in whole, in any jurisdiction or any
judicial or administrative forum.
509. Suffolk County Local Laws. Suffolk County Local Laws, Rules and Regulations
can be found on the internet at http://Iegis.suffolkcountyny.gov/main.html. Click
on "Search the Laws of Suffolk County."
510. Survival. None of the provisions of this Agreement are intended to or shall be
merged or ended by reason of any closing of the transactions contemplated
hereby and any such closing shall not be deemed to affect or impair the
provisions and covenants and representations of this Agreement, all of which
shall survive the closing.
511. Bindinq Effect. This Agreement shall inure to the benefit of and be binding upon
any successor or assign of any Party, but this provision shall not operate to
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permit any assignment or other voluntary transfer of any rights created hereunder
except in such manner as may be expressly permitted by this Agreement.
512. Execution of Documents.
A. This Agreement may be executed in any number of counterparts and each
of such counterparts shall for all purposes be deemed to be an original;
and all such counterparts shall together constitute but one and the same
Agreement.
B. 1. Subsequent to the full execution of this Agreement, the Commissioner
or the Commissioner's designee may execute on behalf of the County
such agreements, documents or instruments as are necessary or
desirable to accomplish the purposes of the Design Plan.
2. Subsequent to the full execution of this Agreement, the chief executive
officer of the Recipient, on behalf of the Recipient, may execute such
agreements, documents or instruments as are necessary or desirable to
accomplish the purposes of the Design Plan.
513. County Employees. No official or employee of the County shall have any
personal interest, direct or indirect, in this Agreement nor shall any such member,
official or employee participate in any decision relating to this Agreement or any
agreement arising out of or through this Agreement which affects his or her
personal interest or the interest of any corporation, partnership or association in
which he or she is directly or indirectly interested. No person hired by the
Recipient or the Fee Owner shall be considered employees of the County for any
purpose whatsoever.
514. Headings. Any headings or titles of the several parts, Articles, Paragraphs,
Subparagraphs and Sections of this Agreement are for convenience only and
shall be disregarded in construing or interpreting any of its provisions.
515. Notices. Any communication, notice, claim for payment, report or other
submission, including but not limited to, submissions regarding insurance,
indemnification and/or termination, necessary or required to be made by the
Parties regarding this Agreement shall be in writing and shall be given to the
County and Recipient or their designated representative at the following
addresses or at such other address that may later be specified in writing by the
Parties and must be delivered as follows:
A. Notices Relating to Payments, Reports, or Other Submissions:
For the COUNTY and the DEPARTMENT:
By registered or certified mail, return receipt requested in postpaid
envelope or by nationally recognized courier service,
Page 12 of 22
Suffolk County Department of
Economic Development and Planning
H. Lee Dennison Building
100 Veterans Memorial Highway
P.O. Box 6100
Hauppauge, New York 11788
Attention: Commissioner
With a copy to:
Suffolk County Department of Law
H. Lee Dennison Building
100 Veterans Memorial Highway
P.O. Box 6100
Hauppauge, New York 11788
Attention: County Attorney
FOR RECIPIENT:
By registered or certified mail, return receipt requested in Postpaid
Envelope or by nationally recognized courier service,
SCOTT A RUSSELL, SUPERVISOR
Town of Southold
Town Hall
53095 Main Road
Southold, NY 11971
With a copy to:
WILLIAM DUFFY, TOWN ATTORNEY
Town of Southold
Town Hall
53095 Main Road
Southold, NY 11971
B. Notices Relating to Litiqation:
1. Any notice by any Party to the other with respect to the
commencement of any lawsuit or legal proceeding against the
other, shall be effected pursuant to and governed by the New York
State Civil Practice Law and Rules or the Federal Rules of Civil
Procedure, as applicable.
2. In the event a Party receives a notice or claim or becomes a party
(plaintiff, petitioner, defendant, respondent, third party complainant,
third party defendant) to a lawsuit or any legal proceeding related to
Page 13 of 22
this Agreement, the Party shall immediately forward to the County
Attorney, at the addresses set forth in Paragraph A above, copies
of all papers filed by or against such Party. Notices shall be as
provided in Paragraph A above.
C. Contact Person(s). Each Party shall give prompt written notice to the other
Party of the appointment of successor(s) to the designated contact
person(s) or in the event of a change of address or contact, which such
address or contact shall thereafter be the address or contact to which
notices are sent.
51.6. No Implied Waiver. No waiver shall be inferred from any failure or forbearance of
the County to enforce any provision of this Agreement in any particular instance
or instances, but the same shall otherwise remain in full force and effect
notwithstanding any such failure or forbearance.
517. Entire Agreement. This Agreement contains the entire understanding between
the Parties and may not be amended or modified except by an instrument in
writing duly executed by all of the Parties.
518. Severability. It is expressly agreed that if any term or provision of this Agreement,
or the application thereof to any person or circumstance, shall be held invalid or
unenforceable to any extent, the remainder of this Agreement, or the application
of such term or provision to persons or circumstances other than those as to
which it is held invalid or unenforceable, shall not be affected thereby, and every
other term and provision of this Agreement shall be valid and shall be enforced to
the fullest extent permitted by law.
519. Provisions Required by Law Deemed Inserted. Each and every provision of law
and governmental regulation required by law to be inserted in this Agreement
shall be deemed to be inserted herein and this Agreement shall read and shall be
enforced as though so included herein. If through mistake or otherwise any such
provision is not inserted, or is not correctly inserted, then upon the application of
either Party, this Agreement shall be deemed to be amended to make such
insertion or correction so as to comply strictly with the law and without prejudice
to the rights of either Party hereunder.
520. Unlawful Provisions Deemed Stricken. If this Agreement contains any unlawful
provision not an essential part of this Agreement and which shall not appear to
have been a controlling or material inducement to the making thereof, the same
shall be deemed of no effect and shall, upon notice by either Party, be deemed
stricken from this Agreement without affecting the binding force of the remainder.
521. Claims and Actions.
Page 14 of 22
A. No Claims and Action Officers, Agents or Employees. No claim
whatsoever shall be made by Recipient, its successors or assigns, against
any officer, agent or employee of the County for, or on account of,
anything done or omitted to be done in connection with this Agreement.
B. Cooperation. If any action is brought against the County, and the action
relates in any way to this Agreement or the Design Plan and the County
and the TownNillage, as applicable, are not adverse parties in that action,
then such Parry shall diligently render to the County without additional
compensation, any and all assistance which the County may require,
including but not limited to indemnification for all costs and expenses of
the County, and its reasonable attorneys' fees.
C. Reports of Actions. The Parties shall report to the County in writing within
ten (10) days of the initiation by or against it of any legal action or
proceeding in connection with or relating to this Agreement or the Design
Plan.
D. All Rights Reserved. Each and every defense, right and remedy that the
County has under this Agreement is not exclusive and is in addition-to and
concurrent with all other defenses, rights and remedies which the County
has under this Agreement and which the County otherwise has, will have,
or may have under law, equity or otherwise.
E. Insurance and Indemnification.
1. Prior to commencement of any work hereunder, Recipient agrees
to procure, pay the entire premium for, and maintain throughout the
term of this Agreement, insurance in amounts and types specified
by the County and as may be mandated and increased from time to
time. Recipient agrees to require that all of its subcontractors, in
connection with work performed for the Recipient related to this
Agreement, procure, pay the entire premium for and maintain
throughout the term of this Agreement, insurance in amounts and
types equal to that specified by the County. Unless otherwise
specified by the County and agreed to by Recipient in writing, such
insurance shall be as follows:
a. Commercial General Liability Insurance, including
contractual liability coverage, in an amount not less
than Two Million Dollars ($2,000,000.00) per
occurrence for bodily injury and Two Million Dollars
($2,000,000.00) per occurrence for property damage.
b. Automobile Liability Insurance (if any vehicles are
used in the performance of this Agreement) in an
Page 15 of 22
amount not less than Five Hundred Thousand Dollars
($500,000.00) per person, per accident, for bodily
injury and not less than One Hundred Thousand
Dollars ($100,000.00) for property damage per
occurrence.
C. Workers' Compensation And Employer's Liability
Insurance in compliance with all applicable New York
State laws and regulations and Disability Benefits
Insurance if required by law. Municipality, if applicable
and Recipient shall furnish to the County, prior to its
execution of this Agreement the documentation
required by the State of New York Workers'
Compensation Board of coverage or exemption from
coverage pursuant to §§ 57 and 220 of the Workers'
Compensation Law. In accordance with General
Municipal Law § 108, this Agreement shall be void
and of no effect unless Recipient, its successors,
assigns, contractors or subcontractors, shall provide
and maintain coverage during the term of this
Agreement for the benefit of such employees as are
required to be covered by the provisions of the
Workers' Compensation Law.
2. All policies shall be issued by insurance companies with an A.M. Best
rating of A- or better which are licensed to do business in the State of
New York. Recipient shall furnish to County, Declaration Pages for
each such policy of insurance, and upon request, a true and certified
original copy of each such policy, evidencing compliance with the
aforesaid insurance requirements. In the case of commercial general
liability insurance, the County of Suffolk shall be named as an
additional insured and Recipient shall furnish a Declaration Page and
endorsement page evidencing the County's status as an additional
insured on said policy. All such Declaration Pages, certificates or other
evidence of insurance shall provide for the County of Suffolk to be
notified in writing thirty (30) days prior to any cancellation, nonrenewal
or material change in said policies. Such Declaration Pages,
certificates, policies and/or other evidence of insurance and notices
shall be mailed to the Department at its address as set forth in this
Agreement in the paragraph entitled "Notices" in Section 515, or at
such other address of which the County shall have given Recipient,
notice in writing. If Recipient, has a self-insurance program under
which it acts as a self-insurer for any of such required coverage, it may
provide self-funded coverage and certificates or other evidence of such
self-insurance in lieu of insurance issued by insurance companies.
Recipient shall also require its successors, assigns, contractors and
Page 16 of 22
subcontractors to provide insurance coverage in like amounts and
quality and naming the County of Suffolk as an additional insured.
3. In the event Recipient, its successors, assigns, contractors,
subcontractors, shall fail to provide the Declaration Pages or
certificates of insurance or to maintain any insurance required by this
Agreement, the County may, but shall not be required to, obtain such
policies and deduct the cost thereof from payments due under this
Agreement or any other agreement between the County and the
Recipient.
4. Furthermore, Recipient agrees that it shall protect, defend, indemnify
and hold harmless the County, its officers, officials, employees,
contractors, agents and other persons from and against all liabilities,
fines, penalties, actions, damages, claims, demands, judgments,
losses, costs, expenses, suits or actions and reasonable attorneys'
fees, arising out of the acts or omissions or the negligence of the
Recipient, or their affiliates, agents, lessees, officers, members,
officials, employees, contractors or subcontractors, in connection with
the services and transactions described or referred to in this
Agreement. Recipient shall defend the County and its officers, officials,
employees, contractors, agents and other persons in any suit,
including appeals, or at the County's option, pay reasonable attorneys'
fees for defense of any such suit arising out of the acts or omissions or
negligence of the Recipient, its affiliates, agents, officers, members,
officials, employees, lessees, contractors, subcontractors or agents, if
any, in connection with the services described or referred to in this
Agreement. Notwithstanding anything to the contrary herein, Recipient
shall have no obligation to protect, defend, indemnify and hold
harmless the County from any liabilities, fines, penalties, actions,
damages, claims, demands, judgments, losses, costs, expenses, suits
or actions and reasonable attorneys' fees, which arise out of the acts
or omissions or the negligence of the County, or its affiliates, agents,
lessees, officers, members, officials, employees, contractors or
subcontractors.
F. Choice of Law and Consent to Jurisdiction and Venue. This Agreement
shall be governed by and construed in accordance with the laws of the
State of New York without regard to conflict of law provisions. Venue shall
be designated as Suffolk County, New York or the United States District
Court for the Eastern District of New York.
G. Cooperation on Claims. Each of the Parties agrees to render truthfully
and diligently to the other Party, without additional compensation, any and
all cooperation, that may be required to defend the other Parry, its
employees and designated representatives against any claim, demand or
Page 17 of 22
action that may be brought against the other Parry, its employees or
designated representatives in connection with this Agreement.
522. Merger; No Oral Changes. It is expressly agreed that this Agreement represents
the entire agreement of the Parties, that all previous understandings are merged
in this Agreement. No modification of this Agreement shall be-valid unless written
in the form of an Amendment and executed by both Parties. Any and all prior
writings or agreements including, without limitation, oral communications,
discussions, negotiations, commitments and understandings relating thereto, are
hereby merged herein and superseded hereby.
523. No Commission. No brokerage or any other fee or compensation shall be due or
payable by the County for this transaction.
524. Arrears. Recipient warrants that it is not in arrears to County upon debt or
contract and is not in default as surety, contractor or otherwise on any obligation
to or contract with the County.
525. Withholding of Funds and Set-Off Rights. The County shall have all of its
common law, equitable, and statutory rights of set-off. These rights shall include,
but not be limited to, the County's option to withhold, for the purposes of set-off,
any moneys due to Recipient under this Agreement up to any amounts due and
owing to the County with regard to this Agreement and/or any other contract with
any County department or agency, including any contract for a term commencing
prior to the term of this Agreement, plus any amounts due and owing to the
County for any other reason including, without limitation, tax delinquencies, fee
delinquencies or monetary penalties relative thereto. The County shall exercise
its set-off rights in accordance with normal County practices including, in cases of
set-off pursuant to an audit, the finalization of such audit by the County agency,
its representatives, or the County Comptroller, and only after legal consultation
with the County Attorney.
526. Lawful Hirinq of Employees Law in Connection with Contracts for Construction or
Future Construction.
In the event that the Agreement is subject to the Lawful Hiring of Employees Law
of the County of Suffolk, Suffolk County Code Article II of Chapter 353, the
Recipient shall maintain the documentation mandated to be kept by this law on
the construction site at all times. Employee sign-in sheets and register/log books
shall be kept on the construction site at all times and all covered employees, as
defined in the law, shall be required to sign such sign-in sheets/register/log books
to indicate their presence on the construction site during such working hours.
527. Living Wage Law.
Page 18 of 22
It shall be the duty of the Recipient to read, become familiar with, and comply
with the requirements of Chapter 575, of the Suffolk County Code. This
Agreement is subject to the Living Wage Law of the County of Suffolk. The law
requires that, unless specific exemptions apply, all employers (as defined) under
service contracts and recipients of County financial assistance, (as defined) shall
provide payment of a minimum wage to employees as set forth in the Living
Wage Law. Such rate shall be adjusted annually pursuant to the terms of the
Suffolk County Living Wage Law of the County of Suffolk. Under the provisions of
the Living Wage Law, the County shall have the authority, under appropriate
circumstances, to terminate the Agreement and to seek other remedies as set
forth therein, for violations of this Law.
528. Contract Agency Performance Measures and Reporting Requirements.
- It shall be the duty of the Recipient to read, become familiar with, and comply
with the requirements of Suffolk County Local Law No. 41-2013, a Local Law to
Implement Performance Measurement to Increase Accountability and Enhance
Service Delivery by Contract Agencies (Article VIII of Chapter 189 of the Suffolk
County Code). All contract agencies having a contract in excess of $50,000 shall
cooperate with the contract's administering department to identify the key
performance measures related to the objectives of the service the contract
agency provides and shall develop an annual performance reporting plan. The
contract agency shall cooperate. with the administering department and the
County Executive's Performance Management Team to establish working groups
to identify appropriate performance indicators for monthly evaluation of the
contract agency's performance measures.
- Balance of page intentionally left blank -
Page 19 of 22
� 07�
IN N S WHEREOF, the Parties have executed this Agreement as of th day
of , 2017
COje: D
F SUFFOLK RECIPIENT
TOWN OF S THOLD
By:
Nanis M. Cohen By:
Title: Chief Deputy County Executive Name: Scott A. Russell
Title: Supervisor
APPROVED: APPROVED AS TO FORM FOR THE
RECIPIENT
SUFFOLK COUNTY DEPARTMENT OF
ECONOMIC DEVELOPMENT AND WILLIAM DUFFY
PLANNING TOWN ATT RNEY
By: J-ko-o> By:
Name: Theresa Ward Name: I I ,
Title: Commissioner & Deputy County Title:
Executive
ACCEPTED:
SUFFOLK COUNTY DEPARTMENT OF
PUBLIC WORKS
By:
N a "r`/fj�el—�
Title: C3wr�r!!JJ'lav�rr
APPROVED AS TO FORM FOR THE
COUNTY:
DENNIS M. BROWN,
SUFFOLK COUNTY ATTORNEY
By: ::A
Name:
Title:
Page 20 of 22
Schedule of Exhibits
Exhibit "A" County Resolution No. 1145-2016
Exhibit "B" County Resolution No. 1146-2016
Exhibit "C" Town of Southold Resolution 2017- 249
Exhibit "D" Design Plan Funding Documentation
Page 21 of 22
STATE OF NEW YORK )
) ss.:
COUNTY OF SUFFOLK )
On the Us 7 day of0 , in the year 2017 before me, the undersigned,
personally appeared Chief Deputy County Executive, Dennis M. Cohen, personally
known to me or proved to me on the basis of satisfactory evidence to be the individual
whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his capacity, and that by his signature on the instrument, the
individual, or the person upon behalf of which the individual acted, executed the
instrument. �r.
Signature and Offic of Individual
Taking Acknowledgement
Vivian R.Keys
Notary Public,State of New York
No.o1 KE6168764
Qualified in Suffolk June Is,county0 8
Commission Eypires
STATE OF NEW YORK )
ss.:
COUNTY OF SUFFOLK )
On the , da o --in the year 2017 before me, the undersigned, personally
appeared c,U vsSe- personally known to me
or provided to me on the basis of satisfactory evidence to be the individual whose name
7 is subscribed to the within instrument and acknowledged to me that he executed the
same in his capacity, and that by his signature on the instrument, the individual, or the
person upon behalf of which the individual acted, executed the instrument.
)'�t - wz-'&�
Signature and Office of individual
Taking Acknowledgment
MARY L.SILLECK
Notary Public,State of New York
No. 01 S 14984608
Page 22 of 22 Qualified in Suffolk Counv1�
Commission Expires July 29,1001
Intro. Res. No. 2117-2016 Laid on Table 12/6/2016
Introduced by Presiding Officer, on request of the County Executive and Legislators Spencer,
Stern, D'Amaro
RESOLUTION NO. 1145 -2016, AMENDING THE 2016
CAPITAL PROGRAM AND BUDGET AND APPROPRIATING
FUNDS IN CONNECTION WITH START-UP NY/SUFFOLK
COUNTY(CP 6427)
WHEREAS, funds are included in the 2016 Capital Budget and Program for
Start-Up/NY to support a New York State program designed to stimulate the economy in Suffolk
County; and
WHEREAS, the Commissioner of Economic Development and Planning has
requested that these funds for the Start-Up/NY program be appropriated and awarded to
municipalities to assist with planning and/or design efforts which must be completed to advance
projects which will trigger economic growth in Suffolk County; and
WHEREAS, Resolution No. 471-1994, as revised by Resolution No. 461-2006,
has established a priority ranking system, implemented in the Adopted 2016 Capital Budget, as
the basis for funding Capital Projects such as this project; and
WHEREAS, Start-Up/NY Suffolk County will assist with the following
municipalities with the planning and/or design associated with the following projects, each of
which represents recommendations formulated through community planning processes:
• Town of Huntington, Huntington Station Sewer Feasibility and Design
A Feasibility Report that will review the current and future necessary sewer infrastructure
to improve the economic, housing opportunities and environmental aspects of the
Huntington Station Hub area. Upon competition of the feasibility report, the project will
proceed with Engineering and Design.
• Town of Islip, Federal Inspection Station at Long Island MacArthur Airport Design
A FIS facility at MacArthur Airport will enable international`travel, provide residents with
more flight options, and allow for substantial economic growth by bringing business and
tourism to Long Island.
• Town of Smithtown, Kings Park Downtown Revitalization
Parking and Economic Impact studies that support local adoption of the community's
proposed "Revitalizing Downtown Kings Park Action Plan."
• Town of Southold, Mattituck Traffic Study
Updated traffic study for Love Lane and Main Road in Mattituck to support the Southold
Town Board in developing shovel ready competitive grant applications to improve local
roadways.
• Village of Patchogue, Gateway to Patchogue/Blue Point Brewery Relocation
Design of the reconfiguration of Holbrook Rd (CRI 9)from Waverly Ave, thru Lake St
down to W Main St(CR85)to improve access to a 110,000-square-foot building on West
Main Street formerly occupied by Briarcliffe and the future home to the Blue Point
y
Brewing Company. The project also includes the design of safety and intersection
improvements at Holbrook Rd & Lake St to improve operations for emergency vehicles
and a new public space along Patchogue Lake.
• Village of Lindenhurst, Downtown Walkability Improvements
Design of pedestrian improvements such as biking infrastructure/bike lanes on Wellwood
Avenue, and Hoffman Avenue traffic calming improvements as recommended by the
Regional Planning Association's draft Lindenhurst plan.
WHEREAS, the County Legislature, by resolution of even date herewith, has
authorized the issuance of$3,500,000 in Suffolk County Serial Bonds; now,therefore be it
7st RESOLVED, that the Suffolk County Legislature, on behalf of the County, hereby
finds and determines that the Huntington Station Sewer Feasibility/Design project through the
Town of Huntington is awarded and, accordingly authorizes the funding of this project thereof in
the amount of up to'$1,250,000; and be it further
2nd RESOLVED, that the Suffolk County Legislature, on behalf of the County, hereby
finds and determines that the Federal Inspection Station at Long Island MacArthur Airport
Design project through the Town of Islip is awarded and, accordingly authorizes the funding of
this project thereof in the amount of up to $1,250,000 for planning/design/engineering purposes
related to the project; and be it further
3rd RESOLVED, that the Suffolk County Legislature, on behalf of the County, hereby
finds and determines that the Kings Park Downtown Revitalization project through the Town of
Smithtown is awarded and, accordingly authorizes the funding of this project thereof in the
amount of up to $200,000 for planning/design/engineering purposes related to the project; and
be it further
4th RESOLVED, that the Suffolk County Legislature, on behalf of the County, hereby
finds and determines that the Mattituck Traffic Study project through the Town of Southold is
awarded and, accordingly authorizes the funding of this project thereof in the amount of up to
$25,000 for planning/design/engineering purposes related to the project; and be it further
6th RESOLVED, that the Suffolk County Legislature, on behalf of the County, hereby
finds and determines that the Gateway to Patchogue/Blue Point Brewery Expansion project
through the Village of Patchogue is awarded and, .accordingly authorizes the funding of this
project thereof in the amount of up to $575,000 for planning/design/engineering purposes
related to the project for planning/design/engineering purposes related to the project; and be it
further
6th RESOLVED, that the Suffolk County Legislature, on behalf of the County, hereby
finds and determines that the Downtown Transportation Design project through the Village of
Lindenhurst is awarded and, accordingly authorizes the funding of this project thereof in the
amount of up to $200,000 for planning/design/engineering purposes related to the project; and
be it further
7th RESOLVED, that it is hereby determined that this project, with a priority ranking
of sixty-five(65) is eligible for approval in accordance with the provisions of Resolution No. 471-
1994, as revised by Resolution No. 461-2006; and be it further
2
a �
Stn RESOLVED, that the 2016 Capital Budget and Program be and they are hereby
amended as follows:
Project No. 6427
Project Title: Start-Up/NY/Suffolk County
Current Revised
2016 2016
Total Capital Capita
Esfd Budget Budget
Cost & Program & Program
1. Planning, Design $3,500,000 $0 $3,500,00013
and Supervision
3. Construction $0 $3,500.00013 $0
Total $3,500,000 $3,500,000 $3,500,000
and be it further
9t' RESOLVED, that the proceeds of $3,500,000 in Serial Bonds be and they are
hereby appropriated as follows:
Project No. JC Project Title Amount
525-CAP-6427.111 35 Huntington Station Sewer Feasibility/Design $1,250,000
(Fund 001-Debt Service)
525-CAP-6427.112 35 Town of Islip, Federal Inspection Station at LIMA $1,250,000
(Fund 001-Debt Service) Design
525-CAP-6427.113 35 Town of Smithtown,IUngs Park Downtown $200,000
(Fund 001-Debt Service) Revitalization
525-CAP-6427.115 35 Town of Southold, Mattituck and Greenport $25,000
(Fund 001-Debt Service) Traffic Studies
525-CAP-6427.116 35 Gateway to Patchogue/Blue Point Brewery $575,000
(Fund 001-Debt Service) Relocation
525-CAP-6427.117 35 Village of Lindenhurst, Downtown Walkability $200,000
(Fund 001-Debt Service) Improvements
and be it further
Iot, RESOLVED, that Suffolk County, being the State Environmental Quality Review
Act(SEQRA) Lead Agency hereby finds and determines that this resolution constitutes a Type II
Action pursuant to Title 6 NYCRR Part 617.5(C) (18)(20)(21)(27) as this legislative decision
involves the adoption of concurrent environmental, engineering, economic, feasibility and other
studies and preliminary planning and budgetary processes necessary to the formulation of a
proposal for action, provided those activities do not commit the agency to commence, engage in
or approve such action.As such, this Legislature has no further responsibilities under SEQRA.
3
a
DATED: December 20, 2016
APPROVED BY:
/s/Steven Bellone
County Executive of Suffolk County
Date: December 23, 2016
4
Intro. Res. No. 2117A-2016
BOND RESOLUTION NO.1146-2016
BOND RESOLUTION OF THE COUNTY OF SUFFOLK, NEW
YORK, AUTHORIZING THE ISSUANCE OF $3,500,000 IN
BONDS TO FINANCE PLANNING COSTS IN CONNECTION
WITH START-UP/NY/SUFFOLK COUNTY (CP 6427.111,
.112,.113, .115, .116, .117)
THE COUNTY LEGISLATURE OF THE COUNTY OF SUFFOLK, NEW YORK,
HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of
said County Legislature)AS FOLLOWS:
Section 1. The County of Suffolk, New York (herein called the "County"), is
hereby authorized to issue bonds in the principal amount of $3,500,000 pursuant to the Local
Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York
(referred to herein as the "Law"), the Suffolk County Charter and other applicable laws, to
finance planning costs in connection with Start-Up/NY/Suffolk County, as authorized in the 2016
Capital Budget and Program, as amended. The estimated maximum cost of the project
described herein, including preliminary costs and costs incidental thereto and the financing
thereof, is$3,500,000. The plan of financing includes the issuance of$3,500,000 bonds or bond
anticipation notes authorized pursuant to this Resolution and the levy and collection of taxes on
all the taxable real property in the County to pay the principal of said bonds or notes and the
interest thereon as the same shall become due and payable.
Section 2. The period of probable usefulness applicable to the specific object
or purpose for which said bonds are authorized to be issued pursuant to this resolution, within
the limitations of Section 11.00 a. 62(2"d), is five(5)years.
Section 3. The proceeds of the bonds herein authorized, and any bond
anticipation notes issued in anticipation of said bonds, maybe applied to reimburse the County
for expenditures made after the effective date of this resolution for the purpose for which said
bonds are authorized. The foregoing statement of intent with respect to reimbursement is made
in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury
Department.
Section 4. Each of the bonds authorized by this resolution, and any bond
anticipation notes issued in anticipation of the sale of said bonds, shall contain the recital of
validity as prescribed by Section 52.00 of the Law and said bonds, and any notes issued in
anticipation of said bonds, shall be general obligations of the County, payable as to both
principal and interest by a general tax upon all the taxable real property within the County. The
faith and credit of the County are hereby irrevocably pledged to the punctual payment of the
principal of and interest on said bonds, and any notes issued in anticipation of the sale of said
bonds, and provision shall be made annually in the budget of the County by appropriation for(a)
the amortization and redemption of the bonds and any notes in anticipation thereof to mature in
such year and(b)the payment of interest to be due and payable in such year.
Section 5. Subject to the provisions of this resolution and of the Law and
pursuant to the provisions of Resolution No. 320 of 1966, as amended by Resolution No. 81 of
1972, and Section 21.00 of the Law relative to the authorization of the issuance of bonds with ,
substantially level or declining annual debt service, Section 30.00 relative to the authorization of
the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and
168.00 of the Law, the powers and duties of the County Legislature relative to authorizing bond
anticipation notes and prescribing the terms, form and contents and as to the sale and issuance
of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said
bonds, and the renewals of said bond anticipation notes, and relative to executing contracts for
credit enhancements and providing for substantially level or declining annual debt service, are
hereby delegated to the County Comptroller, the chief fiscal officer of the County.
Section 6. The validity of the bonds authorized"by this resolution, and of any
notes issued in anticipation of the sale of said bonds, maybe contested only if.
(a) such obligations are authorized for an object or purpose for which
the County is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of
the publication of such resolution, or a summary thereof, are not
substantially complied with, and an action, suit or proceeding
contesting such validity is commenced within twenty days after the
date of such publication,or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Section 7. This bond resolution shall take effect immediately upon approval
by the County Executive, and the Clerk of the Legislature is hereby authorized and directed to
publish the foregoing resolution, in summary or in full, together with a Notice attached in
substantially the form prescribed by Section 81.00 of the Law in the official newspaper(s) of the
County.
DATED: December 20, 2016
APPROVED BY:
/s/Steven Bellone
County Executive of Suffolk County
Date: December 23, 2016
2
RESOLUTION 2017-249
ADOPTED DOC ID: 12858
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-249 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 21,2017:
WHEREAS,the Suffolk County Legislature dedicated funds within the County's 2016 Capital
Budget for Start-Up NY to support a New York State program designed to fund economic
development projects that encourage economic growth in Suffolk County; and
WHEREAS,the Suffolk County Department of Economic Development and Planning requested
that these funds be repurposed and awarded to municipalities to assist with planning and/or
design efforts that advance projects designed to encourage, stimulate, and trigger economic
growth in Suffolk County; and
WHEREAS,pursuant to Suffolk County Resolution No. 1145-2016,the sum of TWENTY FIVE
THOUSAND &=100 ($25,000)DOLLARS from County of Suffolk economic development
moneys was allocated to fund planning, design, and engineering services related to an updated
traffic study for Love Lane and Main Road in Mattituck to support the Southold Town Board in
developing shovel ready competitive grant applications to improve local roadways (hereinafter,
the"Mattituck Traffic Study" or the"Study"); and
WHEREAS,the improvements contemplated in the Study are critical to the tapping of untold
economic development potential, as well as the stimulation of job growth, Town infrastructure
and the continuation of ongoing revitalization within the Town of Southold; and
WHEREAS,in order to ensure the successful completion of the Mattituck Traffic Study,it is
necessary for the Town of Southold and the County of Suffolk to enter into an agreement that defines
the roles and responsibilities of the parties;and
WHEREAS, acknowledging the County of Suffolk's funding of the Studies and authorizing the
Supervisor to execute those documents and agreements necessary to the Town of Southold's
participation in the Study is not an action as defined by 6 NYCRR § 617.2(b), and therefore no
further SEQRA review is required,be it therefor
RESOLVED that the Town Board of the Town of Southold hereby ACKNOWLEDGES the
allocation by the County of Suffolk of economic development moneys in the amount of
TWENTY FIVE THOUSAND &XVI 00 ($25,000)DOLLARS to fund planning, design, and
engineering services related to an updated traffic study for Love Lane and Main Road in
Mattituck to support the Southold Town Board in developing shovel ready competitive grant
applications to improve local roadways (hereinafter,the"Mattituck Traffic Study" or the
"Study"); and be it further
RESOLVED that Supervisor Scott A. Russell is hereby authorized execute any and all
documents and agreements necessary to ensure the successful completion of the Mattituck
Resolution 2017-249 Board Meeting of March 21,2017
Traffic Study, including but not limited to an inter-municipal agreement with the County of
Suffolk, upon such terms and conditions as may be acceptable to the Town Attorney.
a
Elizabeth A.Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Ruland, Councilman
SECONDER:Jill Doherty, Councilwoman
AYES: Dinizio Jr, Ruland,Doherty, Ghosio,Evans, Russell
Updated: 3/13/2017 3:50 PM by Lynda Rudder Page 2
J t
PLANNING AND DESIGN FUNDING PROJECT DESCRIPTION
PURPOSE: The County will use this form to track and obtain information on projects awarded Planning and Design funding.
INSTRUCTIONS:
Part I—To be completed by County.
Parts II-IV—To be completed by Recipient; boxes will expand as-needed.
TO BE COMPLETED BY COUNTY
Part I—FUNDING AWARDED
PROJECT NAME FUNDING ROUND ]AMOUNTAWARDED
Town of Southold Mattltuck Traffic-Study I' $25,000.--
RESOLUTION NUMBER PROJECT.PHASE IMA AGREEMENT EXECUTED(Y/N-If Y,DATE) SERIAL BOND ISSUED(Y/N-If Y,DATE)
1145 6427_-.115
T COMPLETED BY RECIPIENT T
Part II-CONTACT INFORMATION
A. Point of Contact.
NAME AND TITLE _
Michael Collins, P.E:-Town Engineer
ADDRESS(STREET,CITY,STATE&ZIP)-
53095 Main Road, Southold, NY 11971
TELEPHONE NUMBER. ._ E-MAIL ADDRESS
-1560 s town.southold.n .us631 765 n
Part III-PROJECT INFORMATION
A. Address of Proposed Work—if no address, please provide a description of the project area.
State Route 25-between New Suffolk Avenue and Wickham Avenue, Love Lane between State,Route 25-&
County Road 48, Old,,Sound Avenue'between-State;Route 25 &WestphaliaAvenue
COMMENCEMENT(MONTH,YEAR) EST COMPLETION(MONTH,YEAR)
B.Timeline. lJarivary201=7- 1June2018
C.Scope of Proposed Work-Provide a detailed description of the project
The Townof Southold is,engaging a traffic engineering consultant to evaluate the existing condition's and,develop `
improvement strategies for the reconfiguration-of the-following intersections &-roads in-an effort to improve
pedestrian-safety while implementing traffic:calming initiatives:
• State Route 25 from the intersection with New Suffolk Avenueto the intersection with Wickham_ Avenue
•
Love Lane,from the intersection with State-Route 25 to the intersection-with County Road 48,
• Old Sound Avenue from the-intersection-with-State Route 25 to the intersection with Westphalia Avenue
The study will-be coordinated with the New York State Department of Transportation for input and guidance to
assure compliance with the-New York State Manual of Uniform Traffic Control-Devices-. ,The goal will be to-
develop and propose-traffic calming_-design alternatives and devices-including;but-not-limited to,--pavement line
striping,textured'pavement,rumble strips,'variable message,radar speed sign(s),painted/elevated.crosswalks,
illumination,-treatments,mountable concrete curb(s)/median(s), curb%sidewalk bulb-outs;rectangular r_apid�flashing
beacon(s), sign(s),traffic control lights, round-a-bout(s), and landscaping.
The final report will identify traffic calming opportunities that will increase both the real and perceived safety of
pedestrians-and bicyclists and provide design elements that make streets safer by reducing opportunities for illegal
speeding and aggressive driving.'
PART IV-ATTACHMENTS: Where Applicable-Attach any Site Plans or Construction Drawings of Propos=Work
Part V—DETAILED BUDGET(e.g., Equipment, Supplies, Contracted Services).
Bud et�Line_ Description Total
Item 1:Contracted Services Traffic Study of Project Area $25,000
Item 2: $
Item 3: $
Item 4: $
Item 5: $
Item 6: $
Item 7: $
Item 8: $
Item 9: $
Item 10: $
Item 11: $
Total Budget $25,000
RECEIVED
Office of the Town Attorney l
Town of Southold NOV 2 7 2017
Town Hall Annex, 54375 Route 25 Southold Town Clerk
P.O. Box 1179
Southold, New York 11971-0959
Telephone : 631-765-1939
Facsimile: 631-765-6639
MEMORANDUM
To: Ms. Elizabeth A. Neville, Town Clerk
From: Mary Silleck
Secretary to the Town Attorney
Date: November 21, 2017
Subject: Design Grant Contract between Town of Southold and
County of Suffolk
Re: Traffic Studies
With respect to the above-referenced matter, I am enclosing the original, fully
executed Agreement for your records together with the resolution.
If you have any questions regarding the enclosed, please do not hesitate to call
me. Thank you.
/ms
Enclosures
cc: Kristie Hansen-Hightower, Comptroller