HomeMy WebLinkAboutElizabeth Field Airport Pavement Study RESOLUTION 2018-270
ADOPTED DOC ID: 13938
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-270 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 14,2018:
RESOLVED, the Town Board of the Town of Southold hereby authorizes Supervisor Scott A.
Russell to execute any documents in relation to the acceptance of a grant offer from the New
York State Department of Transportation(NYSDOT) for work at the Elizabeth Field Airport
described as, Prepare Airport Pavement Study, PIN 0913.20,with the understanding that the
Fishers Island Ferry District has committed funds for the local match of$3,625.00, subject to the
approval of the Town Attorney.
Elizabeth A.Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robert Ghosio, Councilman
SECONDER:Louisa P. Evans, Justice
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans,Russell
NYS PIN 0913.20
State Environmental Quality Review
In accordance with the rules, regulations,and procedures adopted by
Town of Southold
(or 6NYCRR Part 617 where the Municipal Corporation has not adopted such rules, regulations, and
procedures) pursuant to the intent of the State Environmental Quality Review Act, the project
described below is classified as a:
CHECK ONE
❑Type I Action- with possible significant effect (NEPA or SEQR DEIS, FEIS, and SEQR
Record of Decision have been prepared).
F1 Type I Action- with no significant effect (Environmental Assessment Form or Environmental
Assessment and Negative Declaration have been prepared and filed).
❑Unlisted Action- with possible significant effect (NEPA or SEQR DEIS, FEIS, and SEQR
Record of Decision have been prepared).
El Unlisted Action- with no significant effect (Environmental Assessment Form or Environmental
Assessment and Negative Declaration have been prepared and filed).
EKType II Action
❑Ministerial Act
❑Exempt Act
PROJECT DESCRIPTION
Prepare an Airport Pavement Study
Authorized Signature
Su1pe
Title �/ G
7/J/�0
Date
4
STATE OF NEW YORK MASTER CONTRACT FOR GRANTS FACE PAGE
STATE AGENCY(Name&Address) BUSINESS UNIT/DEPT ID. DOT01
Department of Transportation CONTRACT NUMBER: DOTO1-T37302GG-3900283
50 Wolf Rd CONTRACT TYPE.
Albany,NY 12232 Q Multi-Year Agreement
QSimplified Renewal Agreement
XD Fixed Term Agreement
CONTRACTOR SFS PAYEE NAME TRANSACTION TYPE:
SOUTHOLD TOWN OFXD New
QRenewal
0 Amendment
CONTRACTOR DOS INCORPORATED NAME PROJECT NAME
Town of Southold Elizabeth Field Airport Prepare an Airport Pavement Study
CONTRACTOR IDENTIFICATION NUMBERS AGENCY IDENTIFIER-
NYS Vendor ID Number. 1000000876
Federal Tax ID Number- 116001939 CFDA NUMBER(Federally Funded Grants Only)
DUNS Number(if applicable)- 197736387
CONTRACTOR PRIMARY MAILING ADDRESS CONTRACTOR STATUS
53095 RTE 25 PO BOX 1179
SOUTHOLD,NY 11971 ❑ For Profit
EX Municipality,Code 470379000000
F] Tribal Nation
CONTRACTOR PAYMENT ADDRESS ❑
Individual
❑X Check if same as primary mailing address ❑
Not-for-Profit
Charities Registration Number
CONTRACT MAILING ADDRESS
❑X Check if same as primary mailing address Exemption State/Code
0 Sectarian Entity
Contract Number.# DOTO1-T37302GG-3900283
Page 1 of 3
Master Grant Contract,Face Page
STATE OF NEW YORK MASTER CONTRACT FOR GRANTS FACE PAGE
CURRENT CONTRACT TERM: CONTRACT FUNDING AMOUNT
(Multi-year-enter total projected amount of the contract;
From: 07/21/2017 To: 07/21/2027 Fixed Term/Simplified Renewal-enter current period
amount):
CURRENT CONTRACT PERIOD:
CURRENT: $3,625.00
From: 07/21/2017 To: 07/21/2027
AMENDED TERM: AMENDED:
From: To:
FUNDING SOURCE(S)
AMENDED PERIOD: ® State
❑ Federal
From: To: ❑ Other
FOR MULTI-YEAR AGREEMENTS ONLY-CONTRACT AND FUNDING AMOUNT.
(Out years represents projected funding amounts)
# CURRENT PERIOD CURRENT AMOUNT AMENDED PERIOD AMENDED AMOUNT
1
2
3
4
5
Contract Number:# DOTO1-T37302GG-3900283
2of3
Master Grant Contract,Face Page
STATE OF NEW YORK MASTER CONTRACT FOR GRANTS FACE PAGE
ATTACHMENTS PART OF THIS AGREEMENT:
Attachment A: ® A-1 Program Specific Terms and Conditions
® A-2 Federally Funded Grants
Attachment B: ❑ B-1 Expenditure Based Budget
❑ B-2 Performance Based Budget
® B-3 Capital Budget
❑ B-4 Net Deficit Budget
❑ B-1 (A)Expenditure Based Budget(Amendment)
❑ B-2(A)Performance Based Budget(Amendment)
❑ B-3(A)Capital Budget(Amendment)
❑ B-4(A)Net Deficit Budget(Amendment)
Attachment C:Work Plan
Attachment D:Payment and Reporting Schedule
Other:
Contract Number:# DOTO1-T37302GG-3900283
3 of 3
Master Grant Contract,Face Page
IN WITNESS THEREOF,the parties hereto have electronically executed or approved this Master Contract on the dates below their signature.
In addition,I,acting in the capacity as Contractor,certify that I am the In addition,the party below certifies that it has verified the electronic
signing authority,or have been delegated or designated formal ly as,the signature of the Contractor to this Master Contract,
signing authority by the appropriate authority or officials,and as such I
do agree,and I have the authority to agree,to all ofthe terms and STATE AGENCY:
conditions set forth in the Master Contract,including all appendices and
attachments_I understand that(i)payment of a claim on this Master Department of Transportation
Contract is conditioned upon the Contractor's compliance with all
applicable conditions ofparticipation in this program and(if I am acting
in the capacity as a not-for profit Contractor)the accuracy and
completeness of information submitted to the State of Ncw York through
the Gateway vendor prequalification process and(it)by electronically By-
indicatmg my acceptance of the terns and conditions of the Master
Contract,I certify that(a)to the extent that the Contractor is required to
register and/or file reports with the Office of Attorney General'sJodi t. g
Charities Bureau("Charities Bureau"),the Conti actor's registration is Assistant DPI�W me
current,all applicable reports have been tiled,and the Contractor has no Contract Management Bureau
outstanding requests from the Charities Bureau relating to its filings and
(b)all data and responses in the application submitted by the Contractor Title:
are true,complete and accurate,i also understand that use of my assigned
User ID and Password on the State's contract management system is 466
equivalent to having placed my signature on the Master Contract and Date: 5
that I am responsible for any activity attributable to the use of my User
ID and Password.Additionally,any information entered will be
considered to have been entered and provided at my direction,I further
certify and agree that the Contractor agrees to waive any claim that this
electronic record or signature is inadmissible in court,notwithstanding
the choice of law provisions.
CONTRACTOR:
S_OUTHOLD TOWN OF
By:
C' c,.IL
Printed Name
Title: Jt S ick,
Dater IV
ATTORNEY GENERAL'S SIGNATURE STATE COMPTROLLER'S SIGNATURE
APPROVED AS TO FORM
By: By:
Printed Name Printed Name
Title: Title:
Date: Date:
Contract Number:# DOTO1-T37302GG-3900283
Page I of 1,Mastei Contract for Grants Signature Page
1 '
}
STATE OF NEW YORK
MASTER CONTRACT FOR GRANTS
This State of New York Master Contract for Grants (Master Contract) is hereby made by and between
the State of New York acting by and through the applicable State Agency(State) and the public or private entity
(Contractor)identified on the face page hereof(Face Page).
WITNESSETH:
WHEREAS, the State has the authority to regulate and provide funding for the establishment and
operation of program services, design or the execution and performance of construction projects, as applicable
and desires to contract with skilled parties possessing the necessary resources to provide such services or work,
as applicable; and
WHEREAS, the Contractor is ready, willing and able to provide such program services or the execution
and performance of construction projects and possesses or can make available all necessary qualified personnel,
licenses, facilities and expertise to perform or have performed the services or work, as applicable, required
pursuant to the terms of the Master Contract;
NOW THEREFORE, in consideration of the promises,responsibilities, and covenants herein, the State
and the Contractor agree as follows:
STANDARD TERMS AND CONDITIONS
I. GENERAL PROVISIONS
A. Executory Clause: In accordance with Section 41 of the State Finance Law,the State shall have
no liability under the Master Contract to the Contractor, or to anyone else, beyond funds
appropriated and available for the Master Contract.
B. Required Approvals: In accordance with Section 112 of the State Finance Law (or, if the
Master Contract is with the State University of New York (SUNY) or City University of New York
(CUNY), Section 355 or Section 6218 of the Education Law), if the Master Contract exceeds
$50,000 (or $85,000 for contracts let by the Office of General Services, or the minimum thresholds
agreed to by the Office of the State Comptroller (OSC) for certain SUNY and CUNY contracts), or
if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory
amount including, but not limited to, changes in amount, consideration, scope or contract term
identified on the Face Page (Contract Term), it shall not be valid, effective or binding upon the State
until it has been approved by, and filed with, the New York Attorney General Contract Approval
Unit(AG) and OSC. If,by the Master 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, and filed with, the AG and
OSC.
Budget Changes: An amendment that would result in a transfer of funds among program
activities or budget cost categories that does not affect the amount, consideration, scope or other
terms of such contract may be subject to the approval of the AG and OSC where the amount of
such modification is, as a portion of the total value of the contract, equal to or greater than ten
percent for contracts of less than five million dollars, or five percent for contracts of more than
Contract Number:# DOTO1-T37302GG-3900283
Page 1 of 25,Master Contract for Grants-Standard Terms and Conditions(August 2014)
five million dollars; and, in addition, such amendment may be subject to prior approval by the
applicable State Agency as detailed in Attachment D (Payment and Reporting Schedule).
C. Order of Precedence:
In the event of a conflict among (i) the terms of the Master Contract (including any and all
attachments and amendments) or (ii) between the terms of the Master Contract and the original
request for proposal, the program application or other attachment that was completed and
executed by the Contractor in connection with the Master Contract, the order of precedence is as
follows:
1. Standard Terms and Conditions
2. Modifications to the Face Page
3. Modifications to Attachment A-21,Attachment B, Attachment C and Attachment D
4. The Face Page
5. Attachment A-22,Attachment B, Attachment C and Attachment D
6. Modification to Attachment A-1
7. Attachment A-1
8. Other attachments, including, but not limited to, the request for proposal or program
application
D. Funding: Funding for the term of the Master Contract shall not exceed the amount specified as
"Contract Funding Amount" on the Face Page or as subsequently revised to reflect an approved
renewal or cost amendment. Funding for the initial and subsequent periods of the Master Contract
shall not exceed the applicable amounts specified in the applicable Attachment B form (Budget).
E. Contract Performance: The Contractor shall perform all services or work, as applicable, and
comply with all provisions of the Master Contract to the satisfaction of the State. The Contractor
shall provide services or work, as applicable, and meet the program objectives summarized in
Attachment C (Work Plan) in accordance with the provisions of the Master Contract, relevant laws,
rules and regulations, administrative, program and fiscal guidelines, and where applicable, operating
certificate for facilities or licenses for an activity or program.
F. Modifications: To modify the Attachments or Face Page, the parties mutually agree to record, in
writing, the terms of such modification and to revise or complete the Face Page and all the
appropriate attachments in conjunction therewith. In addition, to the extent that such modification
meets the criteria set forth in Section I.B herein, it shall be subject to the approval of the AG and
I To the extent that the modifications to Attachment A-2 are required by Federal requirements and conflict with other provisions of
the Master Contract,the modifications to Attachment A-2 shall supersede all other provisions of this Master Contract. See Section
I(V).
2 To the extent that the terms of Attachment A-2 are required by Federal requirements and conflict with other provisions of the Master
Contract,the Federal requirements of Attachment A-2 shall supersede all other provisions of this Master Contract. See Section I(V).
Contract Number:# DOTO1-T37302GG-3900283
Page 2 of 25,Master Contract for Grants-Standard Terms and Conditions(August 2014)
OSC before it shall become valid, effective and binding upon the State. Modifications that are not
subject to the AG and OSC approval shall be processed in accordance with the guidelines stated in
the Master Contract.
G. Governing Law: The Master Contract shall be governed by the laws of the State of New York
except where the Federal Supremacy Clause requires otherwise.
H. Severability: Any provision of the Master Contract that is held to be invalid, illegal or
unenforceable in any respect by a court of competent jurisdiction, shall be ineffective only to the
extent of such invalidity, illegality or unenforceability, without affecting in any way the remaining
provisions hereof; provided, however, that the parties to the Master Contract shall attempt in good
faith to reform the Master Contract in a manner consistent with the intent of any such ineffective
provision for the purpose of carrying out such intent. If any provision is held void, invalid or
unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and
effect in all other circumstances.
I. Interpretation: The headings in the Master Contract are inserted for convenience and reference
only and do not modify or restrict any of the provisions herein. All personal pronouns used herein
shall be considered to be gender neutral. The Master Contract has been made under the laws of the
State of New York, and the venue for resolving any disputes hereunder shall be in a court of
competent jurisdiction of the State of New York.
J. Notice:
1. All notices, except for notices of termination, shall be in writing and shall be transmitted
either:
a) by certified or registered United States mail,return receipt requested;
b) by facsimile transmission;
c) by personal delivery;
d) by expedited delivery service; or
e) by e-mail.
2. Notices to the State shall be addressed to the Program Office designated in Attachment A-1
(Program Specific Terms and Conditions).
3. Notices to the Contractor shall be addressed to the Contractor's designee as designated in
Attachment A-1 (Program Specific Terms and Conditions).
4. Any such notice shall be deemed to have been given either at the time of personal delivery or,
in the case of expedited delivery service or certified or registered United States mail, as of the
date of first attempted delivery at the address and in the manner provided herein, or in the case of
facsimile transmission or e-mail, upon receipt.
5. The parties may, from time to time, specify any new or different e-mail address, facsimile
number or address in the United States as their address for purpose of receiving notice under the
Contract Number:# DOTO1-T37302GG-3900283
Page 3 of 25,Master Contract for Grants-Standard Terms and Conditions(August 2014)
Master Contract by giving fifteen (15) calendar days prior written notice to the other party sent in
accordance herewith. The parties agree to mutually designate individuals as their respective
representatives for the purposes of receiving notices under the Master Contract. Additional
individuals may be designated in writing by the parties for purposes of implementation,
administration,billing and resolving issues and/or disputes.
K. Service of Process: In addition to the methods of service allowed by the State Civil Practice
Law & Rules (CPLR), Contractor hereby consents to service of process upon it by registered or
certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's
actual receipt of process or upon the State's receipt of the return thereof by the United States Postal
Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each
and every change of address to which service of process can be made. Service by the State to the
last known address shall be sufficient. The Contractor shall have thirty (30) calendar days after
service hereunder is complete in which to respond.
L. 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 the Master Contract up to any amounts
due and owing to the State with regard to the Master Contract, any other contract with any State
department or agency, including any contract for a term commencing prior to the term of the Master
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
OSC.
M. Indemnification: The Contractor shall be solely responsible and answerable in damages for
any and all accidents and/or injuries to persons (including death) or property arising out of or related
to the services to be rendered by the Contractor or its subcontractors pursuant to this Master
Contract. The Contractor shall indemnify and hold harmless the State and its officers and
employees from claims, suits, actions, damages and cost of every nature arising out of the provision
of services pursuant to the Master Contract.
N. Non-Assignment Clause: In accordance with Section 138 of the State Finance Law, the Master
Contract may not be assigned by the Contractor or its right, title or interest therein assigned,
transferred, conveyed, sublet, or otherwise disposed of without the State's previous written consent,
and attempts to do so shall be considered to be null and void. Notwithstanding the foregoing, such
prior written consent of an assignment of a contract, let pursuant to Article XI of the State Finance
Law, may be waived at the discretion of the State Agency and with the concurrence of OSC, where
the original contract was subject to OSC's approval, where the assignment is due to a reorganization,
merger, or consolidation of the Contractor's business entity or enterprise. The State retains its right
to approve an assignment and to require that the merged contractor demonstrate its responsibility to
do business with the State. The Contractor may, however, assign its right to receive payments
without the State's prior written consent unless the Master Contract concerns Certificates of
Participation pursuant to Article 5-A of the State Finance Law.
O. Legal Action: No litigation or regulatory action shall be brought against the State of New York,
the State Agency, or against any county or other local government entity with funds provided under
the Master Contract. The term "litigation" shall include commencing or threatening to commence a
lawsuit,joining or threatening to join as a party to ongoing litigation, or requesting any relief from
Contract Number:# DOTO1-T37302GG-3900283
Page 4 of 25,Master Contract for Grants-Standard Terms and Conditions(August 2014)
any of the State of New York, the State Agency, or any county, or other local government entity.
The term "regulatory action" shall include commencing or threatening to commence a regulatory
proceeding, or requesting any regulatory relief from any of the State of New York, the State Agency,
or any county, or other local government entity.
P. No Arbitration: Disputes involving the Master 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.
Q. Secular Purpose: Services performed pursuant to the Master Contract are secular in nature and
shall be performed in a manner that does not discriminate on the basis of religious belief, or promote
or discourage adherence to religion in general or particular religious beliefs.
R. Partisan Political Activity and Lobbying: Funds provided pursuant to the Master Contract
shall not be used for any partisan political activity, or for activities that attempt to influence
legislation or election or defeat of any candidate for public office.
S. Reciprocity and Sanctions Provisions: The Contractor is hereby notified that if its principal
place of business is located in a country, nation, province, state, or political subdivision that
penalizes New York State vendors, and if the goods or services it offers shall be substantially
produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000
amendments (Chapter 684 and Chapter 383, respectively) require that it be denied contracts which
it would otherwise obtain.3
T. Reporting Fraud and Abuse: Contractor acknowledges that it has reviewed information on
how to prevent, detect, and report fraud, waste and abuse of public funds, including information
about the Federal False Claims Act, the New York State False Claims Act, and whistleblower
protections.
U. Non-Collusive Bidding: By submission of this bid, the Contractor and each person signing on
behalf of the Contractor certifies, and in the case of a joint bid each party thereto certifies as to its
own organization,under penalty of perjury, that to the best of his or her knowledge and belief that its
bid was arrived at independently and without collusion aimed at restricting competition. The
Contractor further affirms that, at the time the Contractor submitted its bid, an authorized and
responsible person executed and delivered to the State a non-collusive binding certification on the
Contractor's behalf.
V. Federally Funded Grants and Requirements Mandated by Federal Laws: All of the
Specific Federal requirements that are applicable to the Master Contract are identified in Attachment
A-2 (Federally Funded Grants and Requirements Mandated by Federal Laws) hereto. To the extent
that the Master Contract is funded in whole or part with Federal funds or mandated by Federal laws,
(i) the provisions of the Master Contract that conflict with Federal rules, Federal regulations, or
Federal program specific requirements shall not apply and (ii) the Contractor agrees to comply with
all applicable Federal rules, regulations and program specific requirements including, but not limited
to, those provisions that are set forth in Attachment A-2 (Federally Funded Grants and Requirements
Mandated by Federal Laws)hereto.
3A of October 9, 2012, the list of discriminatory jurisdictions subject to this provision includes the states of Alaska, Hawaii,
Louisiana, South Carolina,West Virginia and Wyoming. Contact NYS Department of Economic Development for the most current
list of jurisdictions subject to this provision.
Contract Number:# DOTO1-T37302GG-3900283
Page 5 of 25,Master Contract for Grants-Standard Terms and Conditions(August 2014)
II. TERM,TERMINATION AND SUSPENSION
A. Term: The term of the Master Contract shall be as specified on the Face Page, unless
terminated sooner as provided herein.
B. Renewal:
1. General Renewal: The Master Contract may consist of successive periods on the same terms
and conditions, as specified within the Master Contract (a "Simplified Renewal Contract").
Each additional or superseding period shall be on the forms specified by the State and shall be
incorporated in the Master Contract.
2. Renewal Notice to Not-for-Profit Contractors:
a) Pursuant to State Finance Law §179-t, if the Master Contract is with a not-for-profit
Contractor and provides for a renewal option, the State shall notify the Contractor of the
State's intent to renew or not to renew the Master Contract no later than ninety (90) calendar
days prior to the end of the term of the Master Contract, unless funding for the renewal is
contingent upon enactment of an appropriation. If funding for the renewal is contingent upon
enactment of an appropriation, the State shall notify the Contractor of the State's intent to
renew or not to renew the Master Contract the later of: (1) ninety (90) calendar days prior to
the end of the term of the Master Contract, and (2) thirty (30) calendar days after the
necessary appropriation becomes law. Notwithstanding the foregoing, in the event that the
State is unable to comply with the time frames set forth in this paragraph due to unusual
circumstances beyond the control of the State ("Unusual Circumstances"), no payment of
interest shall be due to the not-for-profit Contractor. For purposes of State Finance Law
§179-t, "Unusual Circumstances" shall not mean the failure by the State to (i) plan for
implementation of a program, (ii) assign sufficient staff resources to implement a program,
(iii) establish a schedule for the implementation of a program or (iv) anticipate any other
reasonably foreseeable circumstance.
b) Notification to the not-for-profit Contractor of the State's intent to not renew the Master
Contract must be in writing in the form of a letter, with the reason(s) for the non-renewal
included. If the State does not provide notice to the not-for-profit Contractor of its intent not
to renew the Master Contract as required in this Section and State Finance Law §179-t, the
Master Contract shall be deemed continued until the date the State provides the necessary
notice to the Contractor, in accordance with State Finance Law §179-t. Expenses incurred by
the not-for-profit Contractor during such extension shall be reimbursable under the terms of
the Master Contract.
Contract Number:# DOT01-T37302GG-3900283
Page 6 of 25,Master Contract for Grants-Standard Terms and Conditions(August 2014)
C. Termination:
1. Grounds:
a) Mutual Consent: The Master Contract maybe terminated at anytime upon mutual written
consent of the State and the Contractor.
b) Cause: The State may terminate the Master Contract immediately, upon written notice of
termination to the Contractor, if the Contractor fails to comply with any of the terms and
conditions of the Master Contract and/or with any laws, rules, regulations, policies, or
procedures that are applicable to the Master Contract.
c) Non-Responsibility: In accordance with the provisions of Sections IV(N)(6) and (7)
herein, the State may make a final determination that the Contractor is non-responsible
(Determination of Non-Responsibility). In such event, the State may terminate the Master
Contract at the Contractor's expense, complete the contractual requirements in any manner
the State deems advisable and pursue available legal or equitable remedies for breach.
d) Convenience: The State may terminate the Master Contract in its sole discretion upon
thirty(30) calendar days prior written notice.
e) Lack of Funds: If for any reason the State or the Federal government terminates or
reduces its appropriation to the applicable State Agency entering into the Master Contract or
fails to pay the full amount of the allocation for the operation of one or more programs
funded-under this Master Contract, the Master Contract may be terminated or reduced at the
State Agency's discretion, provided that no such reduction or termination shall apply to
allowable costs already incurred by the Contractor where funds are available to the State
Agency for payment of such costs. Upon termination or reduction of the Master Contract, all
remaining funds paid to the Contractor that are not subject to allowable costs already
incurred by the Contractor shall be returned to the State Agency. In any event, no liability
shall be incurred by the State (including the State Agency) beyond monies available for the
purposes of the Master Contract. The Contractor acknowledges that any funds due to the
State Agency or the State of New York because of disallowed expenditures after audit shall
be the Contractor's responsibility.
f) Force Majeure: The State may terminate or suspend its performance under the Master
Contract immediately upon the occurrence of a"force majeure." For purposes of the Master
Contract, "Force majeure" shall include, but not be limited to, natural disasters, war,
rebellion, insurrection, riot, strikes, lockout and any unforeseen circumstances and acts
beyond the control of the State which render the performance of its obligations impossible.
2. Notice of Termination:
a) Service of notice: Written notice of termination shall be sent by:
(i) personal messenger service; or
(ii) certified mail, return receipt requested and first class mail.
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b) Effective date of termination: The effective date of the termination shall be the later of(i)
the date indicated in the notice and (ii) the date the notice is received by the Contractor, and
shall be established as follows:
(i) if the notice is delivered by hand, the date of receipt shall be established by the receipt
given to the Contractor or by affidavit of the individual making such hand delivery
attesting to the date of delivery; or
(ii) if the notice is delivered by registered or certified mail, by the receipt returned from
the United States Postal Service, or if no receipt is returned, five (5) business days from
the date of mailing of the first class letter, postage prepaid, in a depository under the care
and control of the United States Postal Service.
3. Effect of Notice and Termination on-State's Payment Obligations:
a) Upon receipt of notice of termination, the Contractor agrees to cancel, prior to the
effective date of any prospective termination, as many outstanding obligations as possible,
and agrees not to incur any new obligations after receipt of the notice without approval by the
State.
b) The State shall be responsible for payment on claims for services or work provided and
costs incurred pursuant to the terms of the Master Contract. In no event shall the State be
liable for expenses and obligations arising from the requirements of the Master Contract after
its termination date.
4. Effect of Termination Based on Misuse or Conversion of State or Federal Property:
Where the Master Contract is terminated for cause based on Contractor's failure to use some or
all of the real property or equipment purchased pursuant to the Master Contract for the purposes
set forth herein,the State may, at its option,require:
a) the repayment to the State of any monies previously paid to the Contractor; or
b) the return of any real property or equipment purchased under the terms of the Master
Contract; or
c) an appropriate combination of clauses (a) and (b) of Section II(C)(4)herein.
Nothing herein shall be intended to limit the State's ability to pursue such other legal or equitable
remedies as may be available.
D. Suspension: The State may, in its discretion, order the Contractor to suspend performance for a
reasonable period of time. In the event of such suspension, the Contractor shall be given a formal
written notice outlining the particulars of such suspension. Upon issuance of such notice, the
Contractor shall comply with the particulars of the notice. The State shall have no obligation to
reimburse Contractor's expenses during such suspension period. Activities may resume at such time
as the State issues a formal written notice authorizing a resumption of performance under the Master
Contract.
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Page 8 of 25,Master Contract for Grants-Standard Terms and Conditions(August 2014)
III. PAYMENT AND REPORTING
A. Terms and Conditions:
1. In full consideration of contract services to be performed, the State Agency agrees to pay and
the Contractor agrees to accept a sum not to exceed the amount noted on the Face Page.
2. The State has no obligation to make payment until all required approvals, including the
approval of the AG and OSC, if required, have been obtained. Contractor obligations or
expenditures that precede the start date of the Master Contract shall not be reimbursed.
3. Contractor must provide complete and accurate billing invoices to the State in order to receive
payment. Provided, however, the State may, at its discretion, automatically generate a voucher in
accordance with an approved contract payment schedule. Billing invoices submitted to the State
must contain all information and supporting documentation required by Attachment D (Payment
and Reporting Schedule) and Section III(C) herein. The State may require the Contractor to
submit billing invoices electronically.
4. Payment for invoices submitted by the Contractor shall only be rendered electronically unless
payment by paper check is expressly authorized by the head of the State Agency, in the sole
discretion of the head of such State Agency, due to extenuating circumstances. Such electronic
payment shall be made in accordance with OSC's procedures and practices to authorize
electronic payments.
5. If travel expenses are an approved expenditure under the Master Contract, travel expenses
shall be reimbursed at the lesser of the rates set forth in the written standard travel policy of the
Contractor, the OSC guidelines, or United States General Services Administration rates. No out-
of-state travel costs shall be permitted unless specifically detailed and pre-approved by the State.
6. Timeliness of advance payments or other claims for reimbursement, and any interest to be
paid to Contractor for late payment, shall be governed by Article 11-A of the State Finance Law
to the extent required by law.
7. Article 11-B of the State Finance Law sets forth certain time frames for the Full Execution of
contracts or renewal contracts with not-for-profit organizations and the implementation of any
program plan associated with such contract. For purposes of this section, "Full Execution" shall
mean that the contract has been signed by all parties thereto and has obtained the approval of the
AG and OSC. Any interest to be paid on a missed payment to the Contractor based on a delay in
the Full Execution of the Master Contract shall be governed by Article 11-B of the State Finance
Law.
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B. Advance Payment and Recoupment:
1. Advance payments, which the State in its sole discretion may make to not-for-profit grant
recipients, shall be made and recouped in accordance with State Finance Law Section 179(u),
this Section and the provisions of Attachment D (Payment and Reporting Schedule).
2. Initial advance payments made by the State to not-for-profit grant recipients shall be due no
later than thirty (30) calendar days, excluding legal holidays, after the first day of the Contract
Term or, if renewed, in the period identified on the Face Page. Subsequent advance payments
made by the State to not-for-profit grant recipients shall be due no later than thirty (30) calendar
days, excluding legal holidays, after the dates specified in Attachment D (Payment and
Reporting Schedule).
3. For subsequent contract years in multi-year contracts, Contractor will be notified of the
scheduled advance payments for the upcoming contract year no later than 90 days prior to the
commencement of the contract year. For simplified renewals, the payment schedule(Attachment
D)will be modified as part of the renewal process.
4. Recoupment of any advance payment(s) shall be recovered by crediting the percentage of
subsequent claims listed in Attachment D (Payment and Reporting Schedule) and Section IH(C)
herein and such claims shall be reduced until the advance is fully recovered within the Contract
Term. Any unexpended advance balance at the end of the Contract Term shall be refunded by
the Contractor to the State.
5. If for any reason the amount of any claim is not sufficient to cover the proportionate advance
amount to be recovered, then subsequent claims may be reduced until the advance is fully
recovered.
C. Claims for Reimbursement:
1. The Contractor shall submit claims for the reimbursement of expenses incurred on behalf of
the State under the Master Contract in accordance with this Section and the applicable claiming
schedule in Attachment D (Payment and Reporting Schedule).
Vouchers submitted for payment shall be deemed to be a certification that the payments
requested are for project expenditures made in accordance with the items as contained in the
applicable Attachment B form (Budget) and during the Contract Term. When submitting a
voucher, such voucher shall also be deemed to certify that: (i) the payments requested do not
duplicate reimbursement from other sources of funding; and (ii) the funds provided herein do
not replace funds that, in the absence of this grant, would have been made available by the
Contractor for this program. Requirement (ii) does not apply to grants funded pursuant to a
Community Projects Fund appropriation.
2. Consistent with the selected reimbursement claiming schedule in Attachment D (Payment
and Reporting Schedule), the Contractor shall comply with the appropriate following provisions:
a) Quarterly Reimbursement: The Contractor shall be entitled to receive payments for
work,projects, and services rendered as detailed and described in Attachment C (Work Plan).
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The Contractor shall submit to the State Agency quarterly voucher claims and supporting
documentation. The Contractor shall submit vouchers to the State Agency in accordance
with the procedures set forth in Section III(A)(3) herein.
b) Monthly Reimbursement: The Contractor shall be entitled to receive payments for work,
projects, and services rendered as detailed and described in Attachment C (Work Plan).
The Contractor shall submit to the State Agency monthly voucher claims and supporting
documentation. The Contractor shall submit vouchers to the State Agency in accordance
with the procedures set forth in Section III(A)(3)herein.
c) Biannual Reimbursement: The Contractor shall be entitled to receive payments for work,
projects, and services rendered as detailed and described in Attachment C (Work Plan).
The Contractor shall submit to the State Agency biannually voucher claims and supporting
documentation. The Contractor shall submit vouchers to the State Agency in accordance
with the procedures set forth in Section III(A)(3) herein.
d) Milestone/Performance Reimbursement:4 Requests for payment based upon an event or
milestone may be either severable or cumulative. A severable event/milestone is
independent of accomplishment of any other event. If the event is cumulative, the successful
completion of an event or milestone is dependent on the previous completion of another
event.
Milestone payments shall be made to the Contractor when requested in a form approved by
the State, and at frequencies and in amounts stated in Attachment D (Payment and Reporting
Schedule). The State Agency shall make milestone payments subject to the Contractor's
satisfactory performance.
e) Fee for Service Reimbursement:5 Payment shall be limited to only those fees specifically
agreed upon in the Master Contract and shall be payable no more frequently than monthly
upon submission of a voucher by the contractor.
f) Rate Based Reimbursement:6 Payment shall be limited to rate(s) established in the
Master Contract. Payment may be requested no more frequently than monthly.
g) Scheduled Reimbursement:7 The State Agency shall generate vouchers at the frequencies
and amounts as set forth in Attachment D (Payment and Reporting Schedule), and service
reports shall be used to determine funding levels appropriate to the next annual contract
period.
4 A milestone/performance payment schedule identifies mutually agreed-to payment amounts based on meeting contract events or
milestones. Events or milestones must represent integral and meaningful aspects of contract performance and should signify true
progress in completing the Master Contract effort.
5 Fee for Service is a rate established by the Contractor for a service or services rendered.
6 Rate based agreements are those agreements in which payment is premised upon a specific established rate per unit.
7 Scheduled Reimbursement agreements provide for payments that occur at defined and regular intervals that provide for a specified
dollar amount to be paid to the Contractor at the beginning of each payment period(i.e.quarterly,monthly or bi-annually). While
these payments are related to the particular services and outcomes defined in the Master Contract,they are not dependent upon
particular services or expenses in any one payment period and provide the Contractor with a defined and regular payment over the life
of the contract.
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h) Interim Reimbursement: The State Agency shall generate vouchers on an interim basis
and at the amounts requested by the Contractor as set forth in Attachment D (Payment and
Reporting Schedule).
i) Fifth Quarter Pa,,m�8 Fifth quarter payment shall be paid to the Contractor at the
conclusion of the final scheduled payment period of the preceding contract period. The State
Agency shall use a written directive for fifth quarter financing. The State Agency shall
generate a voucher in the fourth quarter of the current contract year to pay the scheduled
payment for the next contract year.
3. The Contractor shall also submit supporting fiscal documentation for the expenses claimed.
4. The State reserves the right to withhold up to fifteen percent (15%) of the total amount of the
Master Contract as security for the faithful completion of services or work, as applicable, under
the Master Contract. This amount may be withheld in whole or in part from any single payment
or combination of payments otherwise due under the Master Contract. In the event that such
withheld funds are insufficient to satisfy Contractor's obligations to the State, the State may
pursue all available remedies, including the right of setoff and recoupment.
5. The State shall not be liable for payments on the Master Contract if it is made pursuant to a
Community Projects Fund appropriation if insufficient monies are available pursuant to Section
99-d of the State Finance Law.
6. All vouchers submitted by the Contractor pursuant to the Master Contract shall be submitted
to the State Agency no later than thirty (30) calendar days after the end date of the period for
which reimbursement is claimed. ' In no event shall the amount received by the Contractor
exceed the budget amount approved by the State Agency, and, if actual expenditures by the
Contractor are less than such sum, the amount payable by the State Agency to the Contractor
shall not exceed the amount of actual expenditures.
7. All obligations must be incurred prior to the end date of the contract. Notwithstanding the
provisions of Section III(C)(6) above,with respect to the final period for which reimbursement is
claimed, so long as the obligations were incurred prior to the end date of the contract, the
Contractor shall have up to ninety (90) calendar days after the contract end date to make
expenditures; provided, however, that if the Master Contract is funded, in whole or in part, with
Federal funds, the Contractor shall have up to sixty (60) calendar days after the contract end date
to make expenditures.
D.Identifying Information and Privacy Notification:
1. Every voucher or New York State Claim for Payment submitted to a State Agency by the
Contractor, for payment for the sale of goods or services or for transactions (e.g., leases,
easements, licenses, etc.) related to real or personal property, must include the-Contractor's
Vendor Identification Number assigned by the Statewide Financial System, and any or all of the
following identification numbers: (i) the Contractor's Federal employer identification number,
S Fifth Quarter Payments occurs where there are scheduled payments and where there is an expectation that services will be continued
through renewals or subsequent contracts. Fifth Quarter Payments allow for the continuation of scheduled payments to a Contractor
for the first payment period quarter of an anticipated renewal or new contract.
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(ii) the Contractor's Federal social security number, and/or (iii) DUNS number. Failure to
include such identification number or numbers may delay payment by the State to the
Contractor. Where the Contractor does not have such number or numbers, the Contractor, on its
voucher or Claim for Payment, must provide the reason or reasons for why the Contractor does
not have such number or numbers.
2. 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 principle 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. The personal
information is requested by the purchasing unit of the State Agency contracting to purchase the
goods or services or lease the real or personal property covered by the Master Contract. This
information is maintained in the Statewide Financial System by the Vendor Management Unit
within the Bureau of State Expenditures, Office of the State Comptroller, 110 State Street,
Albany,New York, 12236.
E. Refunds:
1. In the event that the Contractor must make a refund to the State for Master Contract-related
activities, including repayment of an advance or an audit disallowance, payment must be made
payable as set forth in Attachment A-1 (Program Specific Terms and Conditions). The
'Contractor must reference the contract number with its payment and include a brief explanation
of why the refund is being made. Refund payments must be submitted to the Designated Refund
Office at the address specified in Attachment A-1 (Program Specific Terms and Conditions).
2. If at the end or termination of the Master Contract, there remains any unexpended balance of
the monies advanced under the Master Contract in the possession of the Contractor, the
Contractor shall make payment within forty-five (45) calendar days of the end or termination of
the Master Contract. In the event that the Contractor fails to refund such balance the State may
pursue all available remedies.
F. Outstanding Amounts Owed to the State: Prior period overpayments (including, but not limited
to, contract advances in excess of actual expenditures) and/or audit recoveries associated with the
Contractor may be recouped against future payments made under this Master Contract to Contractor.
The recoupment generally begins with the first payment made to the Contractor following
identification of the overpayment and/or audit recovery amount. In the event that there are no
payments to apply recoveries against, the Contractor shall make payment as provided in Section
HI(E) (Refunds)herein.
G. Program and Fiscal Reporting Requirements:
1. The Contractor shall submit required periodic reports in accordance with the applicable
schedule provided in Attachment D (Payment and Reporting Schedule). All required reports or
other work products developed pursuant to the Master Contract must be completed as provided
by the agreed upon work schedule in a manner satisfactory and acceptable to the State Agency in
order for the Contractor to be eligible for payment.
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2. Consistent with the selected reporting options in Attachment D (Payment and Reporting
Schedule), the Contractor shall comply with the following applicable provisions:
a) If the Expenditure Based Reports option is indicated in Attachment D (Payment and
Reporting Schedule), the Contractor shall provide the State Agency with one or more of the
following reports as required by the following provisions and Attachment D (Payment and
Reporting Schedule) as applicable:
(i) Narrative/Qualitative Report: The Contractor shall submit, on a quarterly basis, not
later than the time period listed in Attachment D (Payment and Reporting Schedule), a
report, in narrative form, summarizing the services rendered during the quarter. This
report shall detail how the Contractor has progressed toward attaining the qualitative
goals enumerated in Attachment C (Work Plan). This report should address all goals
and objectives of the project and include a discussion of problems encountered and steps
taken to solve them.
(ii) StatisticaUQuantitative Report: The Contractor shall submit, on a quarterly basis, not
later than the time period listed in Attachment D (Payment and Reporting Schedule), a
detailed report analyzing the quantitative aspects of the program plan, as appropriate
(e.g., number of meals served, clients transported, patient/client encounters, procedures
performed, training sessions conducted, etc.)
(iii) Expenditure Report: The Contractor shall submit, on a quarterly basis, not later than
the time period listed in Attachment D (Payment and Reporting Schedule), a detailed
expenditure report, by object of expense. This report shall accompany the voucher
submitted for such period.
(iv) Final Report: The Contractor shall submit a final report as required by the Master
Contract, not later than the time period listed in Attachment D (Payment and Reporting
Schedule) which reports on all aspects of the program and detailing how the use of
funds were utilized in achieving the goals set forth in Attachment C (Work Plan).
(v) Consolidated Fiscal Report(CFR): The Contractor shall submit a CFR, which includes
a year-end cost report and final claim not later than the time period listed in Attachment
D (Payment and Reporting Schedule).
b) If the Performance-Based Reports option is indicated in Attachment D (Payment and
Reporting Schedule), the Contractor shall provide the State Agency with the following
reports as required by the following provisions and Attachment D (Payment and Reporting
Schedule) as applicable:
(i) Progress Report: The Contractor shall provide the State Agency with a written
progress report using the forms and formats as provided by the State Agency,
summarizing the work performed during the period. These reports shall detail the
Contractor's progress toward attaining the specific goals enumerated in Attachment C
(Work Plan). Progress reports shall be submitted in a format prescribed in the Master
Contract.
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(ii) Final Progress Report: Final scheduled payment is due during the time period set forth
in Attachment D (Payment and Reporting Schedule). The deadline for submission of
the final report shall be the date set forth in Attachment D (Payment and Reporting
Schedule). The State Agency shall complete its audit and notify the Contractor of the
results no later than the date set forth in Attachment D (Payment and Reporting
Schedule). Payment shall be adjusted by the State Agency to reflect only those
services/expenditures that were made in accordance with the Master Contract. The
Contractor shall submit a detailed comprehensive final progress report not later than the
date set forth in Attachment D (Payment and Reporting Schedule), summarizing the
work performed during the entire Contract Term (i.e., a cumulative report), in the forms
and formats required.
3. In addition to the periodic reports stated above, the Contractor may be required (a) to submit
such other reports as are required in Table 1 of Attachment D (Payment and Reporting
Schedule), and (b) prior to receipt of final payment under the Master Contract, to submit one or
more final reports in accordance with the form, content, and schedule stated in Table 1 of
Attachment D (Payment and Reporting Schedule).
H. Notification of Significant Occurrences:
1. If any specific event or conjunction of circumstances threatens the successful completion of
this project, in whole or in part, including where relevant, timely completion of milestones or
other program requirements, the Contractor agrees to submit to the State Agency within three (3)
calendar days of becoming aware of the occurrence or of such problem, a written description
thereof together with a recommended solution thereto.
2. The Contractor shall immediately notify in writing the program manager assigned to the
Master Contract of any unusual incident, occurrence, or event that involves the staff, volunteers,
directors or officers of the Contractor, any subcontractor or program participant funded through
the Master Contract, including but not limited to the following: death or serious injury; an arrest
or possible criminal activity that could impact the successful completion of this project; any
destruction of property; significant damage to the physical plant of the Contractor; or other
matters of a similarly serious nature.
IV. ADDITIONAL CONTRACTOR OBLIGATIONS,REPRESENTATIONS AND WARRANTIES
A. Contractor as an Independent Contractor/Employees:
1. The State and the Contractor agree that the Contractor is an independent contractor, and not
an employee of the State and may neither hold itself out nor claim to be an officer, employee, or
subdivision of the State nor make any claim, demand, or application to or for any right based
upon any different status. Notwithstanding the foregoing, the State and the Contractor agree that
if the Contractor is a New York State municipality, the Contractor shall be permitted to hold
itself out, and claim,to be a subdivision of the State.
The Contractor shall be solely responsible for the recruitment, hiring, provision of employment
benefits, payment of salaries and management of its project personnel. These functions shall be
carried out in accordance with the provisions of the Master Contract, and all applicable Federal
and State laws and regulations.
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2. The Contractor warrants that it,its staff, and any and all subcontractors have all the necessary
licenses, approvals, and certifications currently required by the laws of any applicable local,
state, or Federal government to perform the services or work, as applicable, pursuant to the
Master Contract and/or any subcontract entered into under the Master Contract. The Contractor
further agrees that such required licenses, approvals, and certificates shall be kept in full force
and effect during the term of the Master Contract, or any extension thereof, and to secure any
new licenses, approvals, or certificates within the required time frames and/or to require its staff
and subcontractors to obtain the requisite licenses, approvals, or certificates. In the event the
Contractor, its staff, and/or subcontractors are notified of a denial or revocation of any license,
approval, or certification to perform the services or work, as applicable, under the Master
Contract, Contractor shall immediately notify the State.
B. Subcontractors:
1. If the Contractor enters into subcontracts for the performance of work pursuant to the Master
Contract, the Contractor shall take full responsibility for the acts and omissions of its
subcontractors. Nothing in the subcontract shall impair the rights of the State under the Master
Contract. No contractual relationship shall be deemed to exist between the subcontractor and the
State.
2. If requested by the State, the Contractor agrees not to enter into any subcontracts, or revisions
to subcontracts, that are in excess of$100,000 for the performance of the obligations contained
herein until it has received the prior written permission of the State, which shall have the right to
review and approve each and every subcontract in excess of $100,000 prior to giving written
permission to the Contractor to enter into the subcontract. All agreements between the
Contractor and subcontractors shall be by written contract, signed by individuals authorized to
bind the parties. All such subcontracts shall contain provisions for specifying (1) that the work
performed by the subcontractor must be in accordance with the terms of the Master Contract, (2)
that nothing contained in the subcontract shall impair the rights of the State under the Master
Contract, and (3) that nothing contained in the subcontract, nor under the Master Contract, shall
be deemed to create any contractual relationship between the subcontractor and the State. In
addition, subcontracts shall contain any other provisions which are required to be included in
subcontracts pursuant to the terms herein.
3. If requested by the State, prior to executing a subcontract, the Contractor agrees to require the
subcontractor to provide to the State the information the State needs to determine whether a
proposed subcontractor is a responsible vendor.
4. If requested by the State, when a subcontract equals or exceeds $100,000, the subcontractor
shall submit a Vendor Responsibility Questionnaire (Questionnaire).
5. If requested by the State, upon the execution of a subcontract, the Contractor shall provide
detailed subcontract information (a copy of subcontract will suffice) to the State within fifteen
(15) calendar days after execution. The State may request from the Contractor copies of
subcontracts between a subcontractor and its subcontractor.
6. The Contractor shall require any and all subcontractors to submit to the Contractor all
financial claims for Services or work to the State agency, as applicable, rendered and required
supporting documentation and reports as necessary to permit Contractor to meet claim deadlines
and documentation requirements as established in Attachment D (Payment and Reporting
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Schedule) and Section III. Subcontractors shall be paid by the Contractor on a timely basis after
submitting the required reports and vouchers for reimbursement of services or work, as
applicable. Subcontractors shall be informed by the Contractor of the possibility of non-payment
or rejection by the Contractor of claims that do not contain the required information, and/or are
not received by the Contractor by said due date.
C. Use Of Material,Equipment, Or Personnel:
1. The Contractor shall not use materials, equipment, or personnel paid for under the Master
Contract for any activity other than those provided for under the Master Contract, except with the
State's prior written permission.
2. Any interest accrued on funds paid to the Contractor by the State shall be deemed to be the
property of the State and shall either be credited to the State at the close-out of the Master
Contract or,upon the written permission of the State, shall be expended on additional services or
work, as applicable,provided for under the Master Contract.
D. Property:
1. Property is real property, equipment, or tangible personal property having a useful life of
more than one year and an acquisition cost of$1,000 or more per unit.
a) If an item of Property required by the Contractor is available as surplus to the State, the
State at its sole discretion, may arrange to provide such Property to the Contractor in lieu of
the purchase of such Property.
b) If the State consents in writing, the Contractor may retain possession of Property owned
by the State, as provided herein, after the termination of the Master Contract to use for
similar purposes. Otherwise, the Contractor shall return such Property to the State at the
Contractor's cost and expense upon the expiration of the Master Contract.
c) In addition, the Contractor agrees to permit the State to inspect the Property and to
monitor its use at reasonable intervals during the Contractor's regular business hours.
d) The Contractor shall be responsible for maintaining and repairing Property purchased or
procured under the Master Contract at its own cost and expense. The Contractor shall
procure and maintain insurance at its own cost and expense in an amount satisfactory to the
State Agency, naming the State Agency as an additional insured, covering the loss, theft or
destruction of such equipment.
e) A rental charge to the Master Contract for a piece of Property owned by the Contractor
shall not be allowed.
f) The State has the right to review and approve in writing any new contract for the purchase
of or lease for rental of Property (Purchase/Lease Contract) operated in connection with the
provision of the services or work, as applicable, as specified in the Master Contract, if
applicable, and any modifications, amendments, or extensions of an existing lease or
purchase prior to its execution. If, in its discretion, the State disapproves of any
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Purchase/Lease Contract, then the State shall not be obligated to make any payments for such
Property.
g) No member, officer, director or employee of the Contractor shall retain or acquire any
interest, direct or indirect,in any Property,paid for with funds under the Master Contract,nor
retain any interest, direct or indirect, in such, without full and complete prior disclosure of
such interest and the date of acquisition thereof, in writing to the Contractor and the State.
2. For non-Federally-funded contracts,unless otherwise provided herein, the State shall have the
following rights to Property purchased with funds provided under the Master Contract:
a) For cost-reimbursable contracts, all right, title and interest in such Property shall belong to
the State.
b) For performance-based contracts, all right, title and interest in such Property shall belong
to the Contractor.
3. For Federally funded contracts, title to Property whose requisition cost is borne in whole or in
part by monies provided under the Master Contract shall be governed by the terms and
conditions of Attachment A-2 (Federally Funded Grants and Requirements Mandated by Federal
Laws).
4. Upon written direction by the State, the Contractor shall maintain an inventory of all Property
that is owned by the State as provided herein.
5. The Contractor shall execute any documents which the State may reasonably require to
effectuate the provisions of this section.
E. Records and Audits:
1. General:
a) The Contractor shall establish and maintain, in paper or electronic format, complete and
accurate books, records, documents, receipts, accounts, and other evidence directly pertinent
to its performance under the Master Contract(collectively,Records).
b) The Contractor agrees to produce and retain for the balance of the term of the Master
Contract, and for a period of six years from the later of the date of(i)the Master Contract and
(ii) the most recent renewal of the Master Contract, any and all Records necessary to
substantiate upon audit, the proper deposit and expenditure of funds received under the
Master Contract. Such Records may include, but not be limited to, original books of entry
(e.g., cash disbursements and cash receipts journal), and the following specific records (as
applicable)to substantiate the types of expenditures noted:
(i) personal service expenditures: cancelled checks and the related bank statements, time
and attendance records, payroll journals, cash and check disbursement records including
copies of money orders and the like, vouchers and invoices, records of contract labor,
any and all records listing payroll and the money value of non-cash advantages provided
to employees, time cards, work schedules and logs, employee personal history folders,
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detailed and general ledgers, sales records, miscellaneous reports and returns (tax and
otherwise), and cost allocation plans, if applicable.
(ii) payroll taxes and fringe benefits: cancelled checks, copies of related bank
statements, cash and check disbursement records including copies of money orders and
the like, invoices for fringe benefit expenses, miscellaneous reports and returns (tax and
otherwise), and cost allocation plans, if applicable.
(iii) non-personal services expenditures: original invoices/receipts, cancelled checks and
related bank statements, consultant agreements, leases, and cost allocation plans, if
applicable.
(iv) receipt and deposit of advance and reimbursements: itemized bank stamped deposit
slips, and a copy of the related bank statements.
c) The OSC, AG and any other person or entity authorized to conduct an examination, as
well as the State Agency or State Agencies involved in the Master Contract that provided
funding, shall have access to the Records during the hours of 9:00 a.m. until 5:00 p.m.,
Monday through Friday (excluding State recognized holidays), 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.
d) The State shall protect from public disclosure any of the Records which are exempt from
disclosure under Section 87 of the Public Officers Law provided that: (i) the Contractor shall
timely inform an appropriate State official, in writing, that said records should not be
disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said
records, as exempt under Section 87 of the Public Officers Law, is reasonable.
e) Nothing contained herein shall diminish, or in any way adversely affect, the State's rights
in connection with its audit and investigatory authority or the State's rights in connection
with discovery in any pending or future litigation.
2. Cost Allocation:
a) For non-performance based contracts, the proper allocation of the Contractor's costs must
be made according to a cost allocation plan that meets the requirements of OMB Circulars A-
87, A-122, and/or A-21. Methods used to determine and assign costs shall conform to
generally accepted accounting practices and shall be consistent with the method(s) used by
the Contractor to determine costs for other operations or programs. Such accounting
standards and practices shall be subject to approval of the State.
b) For performance based milestone contracts, or for the portion of the contract amount paid
on a performance basis, the Contractor shall maintain documentation demonstrating that
milestones were attained.
3. Federal Funds: For records and audit provisions governing Federal funds, please see
Attachment A-2 (Federally Funded Grants and Requirements Mandated by Federal Laws).
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F. Confidentiality: The Contractor agrees that it shall use and maintain personally identifiable
information relating to individuals who may receive services, and their families pursuant to the
Master Contract, or any other information, data or records marked as, or reasonably deemed,
confidential by the State (Confidential Information) only for the limited purposes of the Master
Contract and in conformity with applicable provisions of State and Federal law. The Contractor (i)
has an affirmative obligation to safeguard any such Confidential Information from unnecessary or
unauthorized disclosure and (ii)must comply with the provisions of the New York State Information
Security Breach and Notification Act (General Business Law Section 899-aa; State Technology Law
Section 208).
G. Publicity:
1. Publicity includes, but is not limited to: news conferences; news releases; public
announcements; advertising; brochures; reports; discussions or presentations at conferences or
meetings; and/or the inclusion of State materials, the State's name or other such references to the
State in any document or forum. Publicity regarding this project may not be released without
prior written approval from the State.
2. Any publications, presentations or announcements of conferences, meetings or trainings
which are funded in whole or in part through any activity supported under the Master Contract
may not be published, presented or announced without prior approval of the State. Any such
publication,presentation or announcement shall:
a) Acknowledge the support of the State of New York and, if funded with Federal funds, the
applicable Federal funding agency; and
b) State that the opinions, results, findings and/or interpretations of data contained therein
are the responsibility of the Contractor and do not necessarily represent the opinions,
interpretations or policy of the State or if funded with Federal funds, the applicable Federal
funding agency.
3. Notwithstanding the above, (i) if the Contractor is an educational research institution, the
Contractor may, for scholarly or academic purposes, use, present, discuss, report or publish any
material, data or analyses, other than Confidential Information, that derives from activity under
the Master Contract and the Contractor agrees to use best efforts to provide copies of
any manuscripts arising from Contractor's performance under this Master Contract, or if
requested by the State, the Contractor shall provide the State with a thirty (30) day period in
which to review each manuscript for compliance with Confidential Information requirements; or
(ii) if the Contractor is not an educational research institution, the Contractor may submit for
publication, scholarly or academic publications that derive from activity under the Master
Contract (but are not deliverable under the Master Contract), provided that the Contractor first
submits such manuscripts to the State forty-five (45) calendar days prior to submission for
consideration by a publisher in order for the State to review the manuscript for compliance with
confidentiality requirements and restrictions and to make such other comments as the State
deems appropriate. All derivative publications shall follow the same acknowledgments and
disclaimer as described in Section IV(G)(2) (Publicity)hereof.
H. Web-Based Applications-Accessibility: Any web-based intranet and Internet information and
applications development, or programming delivered pursuant to the Master Contract or
procurement shall comply with New York State Enterprise IT Policy NYS-P08-005, Accessibility
Contract Number:# DOTO1-T37302GG-3900283
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Web-Based Information and Applications, and New York State Enterprise IT Standard NYS-S08-
005, Accessibility of Web-Based Information Applications, as such policy or standard may be
amended, modified or superseded, which requires that State Agency web-based intranet and Internet
information and applications are accessible to person with disabilities. Web content must conform
to New York State Enterprise IT Standards NYS-S08-005, as determined by quality assurance
testing. Such quality assurance testing shall be conducted by the State Agency and the results of
such testing must be satisfactory to the State Agency before web content shall be considered a
qualified deliverable under the Master Contract or procurement.
I. Non-Discrimination Requirements: Pursuant to Article 15 of the Executive Law (also known
as the Human Rights Law) and all other State and Federal statutory and constitutional non-
discrimination provisions, the Contractor and sub-contractors will not discriminate against any
employee or applicant for employment because of race, creed (religion), color, sex (including gender
expression), national origin, sexual orientation, military status, age, disability, predisposing genetic
characteristic, marital status or domestic violence victim status, and shall also follow the
requirements of the Human Rights Law with regard to non-discrimination on the basis of prior
criminal conviction and prior arrest. Furthermore, in accordance with Section 220-e of the Labor
Law, if this is a contract for the construction, alteration or repair of any public building or public
work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the
extent that the Master Contract shall be performed within the State of New York, the 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 the Master Contract. If this is a building service contract as defined in
Section 230 of the Labor Law, then, in accordance with Section 239 thereof, the Contractor agrees
that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or
disability: (a) discriminate in hiring against any New York State citizen who is qualified and
available to perform the work; or (b) discriminate against or intimidate any employee hired for the
performance of work under the Master Contract. The Contractor shall be subject to fines of$50.00
per person per day for any violation of Section 220-e or Section 239 of the Labor Law.
J. Equal Opportunities for Minorities and Women; Minority and Women Owned Business
Enterprises: In accordance with Section 312 of the Executive Law and 5 NYCRR 143, if the
Master Contract is: (i) a written agreement or purchase order instrument, providing for a total
expenditure in excess of$25,000.00, whereby a contracting State Agency is committed to expend or
does expend funds in return for labor, services, supplies, equipment, materials or any combination of
the foregoing, to be performed for, or rendered or furnished to the contracting State Agency; or(ii) a
written agreement in excess of $100,000.00 whereby a contracting State 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 the Contractor certifies and affirms
that (i) it is subject to Article 15-A of the Executive Law which includes, but is not limited to, those
provisions concerning the maximizing of opportunities for the participation of minority and women-
owned business enterprises and (ii) the following provisions shall apply and it is Contractor's equal
employment opportunity policy that:
1. The Contractor shall not discriminate against employees or applicants for employment
because of race, creed, color, national origin, sex, age, disability or marital status;
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2. The Contractor shall make and document its conscientious and active efforts to employ and
utilize minority group members and women in its work force on State contracts;
3. The Contractor shall 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, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms
of compensation;
4. At the request of the State, the Contractor shall request each employment agency, labor union,
or authorized representative of workers with which it has a collective bargaining or other
agreement or understanding, to furnish a written statement that such employment agency, labor
union or representative shall not discriminate on the basis of race, creed, color,national origin,
sex, age, disability or marital status and that such union or representative shall affirmatively
cooperate in the implementation of the Contractor's obligations herein; and
5. The Contractor shall state,in all solicitations or advertisements for employees, that, in the
performance of the State contract, all qualified applicants shall be afforded equal employment
opportunities without discrimination because of race, creed, color, national origin, sex, age,
disability or marital status.
The Contractor shall include the provisions of subclauses 1 — 5 of this Section (IV)(J), in every
subcontract over$25,000.00 for the construction, demolition, replacement, major repair, renovation,
planning or design of real property and improvements thereon (Work) except where the Work is for
the beneficial use of the Contractor. Section 312 of the Executive Law does not apply to: (i) work,
goods or services unrelated to the Master Contract; or (ii) employment outside New York State. The
State shall consider compliance by the Contractor or a subcontractor with the requirements of any
Federal law concerning equal employment opportunity which effectuates the purpose of this section.
The State shall determine whether the imposition of the requirements of the provisions hereof
duplicate or conflict with any such Federal law and if such duplication or conflict exists, the State
shall waive the applicability of Section 312 of the Executive Law to the extent of such duplication or
conflict. The Contractor shall comply with all duly promulgated and lawful rules and regulations of
the Department of Economic Development's Division of Minority and Women's Business
Development pertaining hereto.
K. Omnibus Procurement Act of 1992: It is the policy of New York State to maximize
opportunities for the participation of New York State business enterprises, including minority and
women-owned business enterprises, as bidders, subcontractors and suppliers on its procurement
contracts.
1. If the total dollar amount of the Master Contract is greater than $1 million, the Omnibus
Procurement Act of 1992 requires that by signing the Master Contract, the Contractor certifies
the following:
a) The Contractor has made reasonable efforts to encourage the participation of State
business enterprises as suppliers and subcontractors,including certified minority and women-
owned business enterprises, on this project, and has retained the documentation of these
efforts to be provided upon request to the State;
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Page 22 of 25,Master Contract for Grants-Standard Terms and Conditions(August 2014)
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 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 the Master Contract and agrees to cooperate with the State in
these efforts.
L. Workers' Compensation Benefits:
1. In accordance with Section 142 of the State Finance Law, the Master Contract shall be void
and of no force and effect unless the Contractor shall provide and maintain coverage during the
life of the Master Contract for the benefit of such employees as are required to be covered by the
provisions of the Workers'Compensation Law.
2. If a Contractor believes they are exempt from the Workers Compensation insurance
requirement they must apply for an exemption.
M. Unemployment Insurance Compliance: The Contractor shall remain current in both its
quarterly reporting and payment of contributions or payments in lieu of contributions, as applicable,
to the State Unemployment Insurance system as a condition of maintaining this grant.
The Contractor hereby authorizes the State Department of Labor to disclose to the State Agency staff
only such information as is necessary to determine the Contractor's compliance with the State
Unemployment Insurance Law. This includes,but is not limited to, the following:
1. any records of unemployment insurance (UI) contributions, interest, and/or penalty payment
arrears or reporting delinquency;
2. any debts owed for UI contributions,interest, and/or penalties;
3. the history and results of any audit or investigation; and
4. copies of wage reporting information.
Such disclosures are protected under Section 537 of the State Labor Law, which makes it a
misdemeanor for the recipient of such information to use or disclose the information for any purpose
other than the performing due diligence as a part of the approval process for the Master Contract.
N. Vendor Responsibility:
1. If a Contractor is required to complete a Questionnaire, the Contractor covenants and
represents that it has, to the best of its knowledge, truthfully, accurately and thoroughly
completed such Questionnaire. Although electronic filing is preferred, the Contractor may
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obtain a paper form from the OSC prior to execution of the Master Contract. The Contractor
further covenants and represents that as of the date of execution of the Master Contract, there are
no material events, omissions, changes or corrections to such document requiring an amendment
to the Questionnaire.
2. The Contractor shall provide to the State updates to the Questionnaire if any material event(s)
occurs requiring an amendment or as new information material to such Questionnaire becomes
available.
3. The Contractor shall, in addition, promptly report to the State the initiation of any
investigation or audit by a governmental entity with enforcement authority with respect to any
alleged violation of Federal or state law by the Contractor, its employees, its officers and/or
directors in connection with matters involving, relating to or arising out of the Contractor's
business. Such report shall be made within five (5) business days following the Contractor
becoming aware of such event, investigation, or-audit. Such report may be considered by the
State in making a Determination of Vendor Non-Responsibility pursuant to this section.
4. The State reserves the right, in its sole discretion, at any time during the term of the Master
Contract:
a) to require updates or clarifications to the Questionnaire upon written request;
b) to inquire about information included in or required information omitted from the
Questionnaire;
c) to require the Contractor to provide such information to the State within a reasonable
timeframe; and
d) to require as a condition precedent to entering into the Master Contract that the Contractor
agree to such additional conditions as shall be necessary to satisfy the State that the
Contractor is, and shall remain, a responsible vendor; and
e) to require the Contractor to present evidence of its continuing legal authority to do
business in New York State, integrity, experience, ability, prior performance, and
organizational and financial capacity. By signing the Master Contract, the Contractor agrees
to comply with any such additional conditions that have been made a part of the Master
Contract.
5. The State, in its sole discretion, reserves the right to suspend any or all activities under the
Master Contract, at any time, when it discovers information that calls into question the
responsibility of the Contractor. In the event of such suspension, the Contractor shall be given
written notice outlining the particulars of such suspension. Upon issuance of such notice, the
Contractor must comply with the terms of the suspension order. Contract activity may resume at
such time as the State issues a written notice authorizing a resumption of performance under the
Master Contract.
6. The State, in its sole discretion, reserves the right to make a final Determination of Non-
Responsibility at any time during the term of the Master Contract based on:
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a) any information provided in the Questionnaire and/or in any updates, clarifications or
amendments thereof; or
b) the State's discovery of any material information which pertains to the Contractor's
responsibility.
7. Prior to making a final Determination of Non-Responsibility, the State shall provide written
notice to the Contractor that it has made a preliminary determination of non-responsibility. The
State shall detail the reason(s)for the preliminary determination, and shall provide the Contractor
with an opportunity to be heard.
O. Charities Registration: If applicable, the Contractor agrees to (i) obtain not-for-profit status, a
Federal identification number, and a charitable registration number (or a declaration of exemption)
and to furnish the State Agency with this information as soon as it is available, (ii)be in compliance
with the OAG charities registration requirements at the time of the awarding of this Master Contract
by the State and (iii) remain in compliance with the OAG charities registration requirements
throughout the term of the Master Contract.
P. Consultant Disclosure Law? If this is a contract for consulting services, defined for purposes
of this requirement to include analysis, evaluation, research, training, data processing, computer
programming, engineering, environmental, health, and mental health services, accounting, auditing,
paralegal, legal, or similar services, then in accordance with Section 163 (4-g) of the State Finance
Law (as amended by Chapter 10 of the Laws of 2006), the Contractor shall timely, accurately and
properly comply with the requirement to submit an annual employment report for the contract to the
agency that awarded the contract,the Department of Civil Service and the State Comptroller.
Q. Wage and Hours Provisions: If this is a public work contract covered by Article 8 of the Labor
Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor
the employees of its subcontractors may be required or permitted to work more than the number of
hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth
in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore,
Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the
prevailing supplements, including the premium rates for overtime pay, as determined by the State
Labor Department in accordance with the Labor Law. Additionally, effective April 28, 2008, if this
is a public work contract covered by Article 8 of the Labor Law, the Contractor understands and
agrees that the filing of payrolls in a manner consistent with Subdivision 3-a of Section 220 of the
Labor Law shall be condition precedent to payment by the State of any State approved sums due and
owing for work done upon the project.
9 Not applicable to not-for-profit entities.
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A-1 Program Clauses—Aviation Grants:Federally-Funded
ATTACHMENT A-1
PROGRAM-SPECIFIC TERMS AND CONDITIONS
The following terms and conditions apply to grants made under the present Master Contract by
the New York State Department of Transportation for airport and aviation projects pursuant to
Section 14-h of the Transportation Law.
I. AGENCY-SPECIFIC NOTICE
A. Notices to the State in relation to this Master Contract shall be addressed to:
Name: Denise Geraldi Title: Program Manager
Address: 50 Wolf Rd.,POD 5-4,Albany,NY 12232
Telephone Number: (518) 457-8438 E-Mail Address: denise.geraldi@dot.ny.gov
H. GENERAL CLAUSES
A. Considerations:
This Master Contract is made under the following considerations:
1. Article 2 of the New York State Transportation Law authorizes the Commissioner to
provide for the accomplishment of airport or aviation projects, and to one-half on the
non-federal share of funding for Federal grants to private owners, municipalities and
authorities in connection therewith;
2. The Contractor is the Sponsor of an airport as referred to on the "Face Page" and in
Attachment C (Work Plan) of this document and is hereinafter referred to as the
"Airport".
3. The Contractor has applied for and will secure available Federal Assistance for the
Projects from the Federal Aviation Administration, (hereinafter called "FAA Grant
Agreements") or from other Federal agencies, as appropriate;
4. The Projects will be approved by the Commissioner as consistent with sound
transportation development policy and planning concepts and eligible for State
participation; and
5. The Contractor is authorized to enter into this Master Contract by proper local
authorization such as resolution, city ordinance, Board of Directors determination, or
request for authorization which shall be incorporated by reference and made part hereof.
A copy of such resolution, city ordinance, Board of Directors determination, or request
for authorization shall be included in the Contract Package.
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A-1 Program Clauses—Aviation Grants:Federally-Funded
B. Purpose of Master Contract:
The purpose of this Master Contract is to provide for the undertaking of airport or aviation
projects (each project hereinafter referred to as the "Project"), the details of which are more
fully described in Attachment C: Work Plan and Attachment D: Payment and Reporting
Schedule attached hereto, with State financial assistance to the Contractor in the form of a
grant, and to state the terms, conditions,requirements, and restrictions upon which such State
assistance will be provided and the mutual understandings and agreements of the parties as to
the manner in which the Project will be undertaken and completed, and the Project facilities
and equipment will be used. This grant is established with the Contractor for a period of ten
years commencing on the date first above written after this Master Contract is approved by
the State Comptroller, and terminating ten years therefrom, and shall not be dependent on the
official duty continuity of the signatories or their successors. The Master Contract may be
concluded at any time upon written agreement between the Commissioner and the official
representative(s) of the Contractor subject to the written approval of the State Comptroller.
III.PAYMENT AND REPORTING
A. Project Costs
1. Eligible Costs. Eligible Project costs consist of any costs involved in accomplishing a
project including those of:
a) Making field surveys;
b) Preparing plans and specifications;
c) Accomplishing or procuring the accomplishing of the work;
d) Supervising and inspecting construction work;
e) Acquiring land or an interest therein, or any easement through or other interest in
airspace; and
f) Administrative and other incidental costs incurred specifically in connection with
accomplishing project, and that would not have otherwise been incurred.
2. The costs described in this section, including the value of land, labor, materials and
equipment donated or loaned to the Contractor and appropriated to the Project by the
Contractor,are eligible for consideration as to their allowability, except for:
a) That part of the cost of acquiring an existing private airport that represents the cost
of acquiring passenger automobile parking facilities and buildings to be used as
hangars;
b) The cost of materials and supplies owned by the Contractor or furnished from a
source of supply owned by the Contractor if:
(i). Those materials and supplies were used for airport development before the
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effective date of the grant; or
(ii). Those costs are not supported by proper evidence of quantity and value.
c) The cost of nonexpendable machinery, tools, or equipment owned by the Contractor
and used under a project by the Contractor's force account, except to the extent of
the fair rental value of that machinery, tools, or equipment for the period it is used
on the project;
d) The value of any land, including improvements, donated to the Contractor by
another public agency; and
e) Any costs incurred in connection with raising funds by the Contractor, including
interest and premium charges and administrative expenses involved in conducting
bond elections and in the sale of bonds.
B. Payments
1. Payments shall be made to the Contractor upon request to the Commissioner under the
following conditions:
a. Cumulative payment requests shall in no event exceed the total cumulative
amount of State funding approved by the Commissioner.
b. Such request shall be in a form established by the Commissioner. The
documents supporting such expenditures by the Contractor shall be maintained in
a secure manner by the Contractor at its headquarters or at such other place as
shall be readily accessible to the Commissioner and the State Comptroller for
purposes of auditing project costs and expenditures. All such accounting records
shall be retained by the Contractor until six (6) years after final payment is made
hereunder.
C. Subject to the other provisions hereof, applications for payment will be honored
by the Commissioner except that the State may elect by notice in writing to
withhold any payment if:
i. Misrepresentation. The Contractor shall have made any misrepresentation
of a material nature in its application for funds hereunder, or any
supplement thereto or amendment thereof, or in or with respect to any
document data furnished to the Commissioner or other State official in
connection with a Project under this Master Contract;
ii. Litigation. There is then pending litigation with respect to the performance
by the Contractor of any of its duties or obligations which may jeopardize
or adversely affect the Project, this Master Contract, or payments to the
Project;
iii. Concurrence by State. The Contractor shall have taken any action
pertaining to the Project which under the established procedures require the
prior approval of the Commissioner or shall have made related
expenditures or incurred related obligations without the approval of the
Commissioner;
iv. Conflict of Interest. There has been in connection with the Project any
violation of the conflict of interest rule, regulation, ordinance or statute
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A-1 Program Clauses—Aviation Grants:Federally-Funded
applicable to the Contractor, its officers,members, or employees; or
V. Default. The Contractor shall be in default under any of the provisions of
this Master Contract.
2. In no event shall the making by the State of any payment pursuant to this Master
Contract constitute or be construed as a waiver by the State of any breach of covenant
or any default which may then exist, on the part of the Contractor, and the making of
any such payment by the State while any such breach or default shall exist shall in no
way impair or prejudice any right or remedy available to the State in respect of such
breach or default.
C. Audit Disallowances.
Costs claimed or previously reimbursed that cannot be supported as outlined herein are
subject to audit disallowance by the Commissioner, the State Comptroller, the Federal
Aviation Administration (FAA) and/or the Officer of the Inspector General of the U.S.
Department of Transportation. Amounts paid to the Contractor that are subsequently
disallowed are subject to recovery by the Commissioner, or at the option of the State, will be
offset or reduced against current or future reimbursement claims on the same or other
projects.
IV. ADDITIONAL CONTRACTOR OBLIGATIONS, REPRESENTATIONS AND
WARRANTIES
A. Use of Project Facilities and Equipment
1. On completion of the Project, the Contractor shall commence and continue operation and
maintenance of the Project at its own cost and shall not discontinue operation, or dispose
of the Project, without the approval of the Commissioner, for the period of time
corresponding to the period of useful life for the Project as determined by reference to
Section 61 of the State Finance Law. No ownership rights, duties or obligations of the
State are added, altered, created, or removed via this Contract for any real property,
equipment, facilities, structures,or any other or tangible property made part of the Project.
2. No part of any Project or Project facility shall be sold, rendered unusable, or otherwise
relinquished without obtaining prior written approval of the Commissioner and State
Comptroller. If any Project parts or facilities are so sold, other than for their replacement
-in such service with like facilities or equipment, the State share of the proceeds of such a
sale will be returned to the State Comptroller for depose in the General Fund.
3. All facilities of the Airport developed with State aid and all those usable for the landing
and taking off of aircraft,will be available to State Aircraft at all times, without charge.
Master Contract-for Grants-Attachment A-1-Program Specific Terms and Conditions
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A-1 Program Clauses—Aviation Grants:Federally-Funded
4. All insurance requirements related to the Project facilities, equipment, property, and/or
Contractor or subcontractor employees, personnel, officers and/or agents, shall be
governed by any such insurance requirements found in the Projects' FAA Grant
Agreement.
B. No Retainage:
During performance of the Contract, NYSDOT elects not to exercise its right to retain or
withhold up to fifteen percent (15%) of payments made to Contractor under this Master
Contract as security. Contractor must, however, still comply with NY State Finance Law
139-f and/or NY General Municipal Law 106-b(2) including,but not limited to, Contractor's
obligation to pay Contractor's consultants and prime contractors and sub-consultants and
subcontractors for satisfactory performance of their contracts no later than 7 calendar days
from receipt of each payment to Contractor, as well as the applicable requirements related to
retainage of payments contained therein.
C. No Termination for Convenience:
During performance of the Contract, NYSDOT shall not to seek to exercise its right to
terminate the Contract for the State's convenience upon 30 day's notice as provided in the
Standard Terms and Conditions Section, Part H, Term Termination and Suspension,
Paragraph C.1,(d)—Termination Grounds, Convenience. The State does however reserve all
other rights to suspend or terminate the Contract under state and federal law, as well as any
and all rights to suspend or terminate the Contract listed in Section II(C), or elsewhere in this
Contract.
D. Suspension at Direction of FAA:
During performance of the Contract,NYSDOT shall not unilaterally seek to exercise its right
to suspend the Contract upon notice as provided in the Standard Terms and Conditions
Section, Part II, Term Termination and Suspension, Paragraph D— Suspension. Any such
suspension under this section shall only be exercised in concurrence with any suspension of
the project directed by the Federal Aviation Administration, as authorized under the
Sponsor's FAA Grant Agreement. The State does however reserve all other rights to
suspend or terminate the Contract under state and federal law, as well as any and all rights to
suspend or terminate the Contract listed in Section II(C), or elsewhere in this Contract.
E. Iran Divestment Act:
As a result of the Iran Divestment Act of 2012 (Act), Chapter 1 of the 2012 Laws of New
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York, a new provision has been added to the State Finance Law (SFL), § 165-a, effective
April 12, 2012. Under the Act, the Commissioner of the Office of General Services (OGS)
will be developing a list (prohibited entities list) of "persons" who are engaged in
"investment activities in Iran" (both are defined terms in the law). Pursuant to SFL § 165-
a(3)(b),the initial list is expected to be issued no later than 120 days after the Act's effective
date, at which time it will be posted on the OGS website.
By entering into this Contract,Contractor(or any assignee) certifies that once the prohibited
entities list is posted on the OGS website, it will not utilize on such Contract any
subcontractor that is identified on the prohibited entities list. Additionally, Contractor agrees
that after the list is posted on the OGS website, should it seek to renew or extend the
Contract, it will be required to certify at the time the Contract is renewed or extended that it
is not included on the prohibited entities list. Contractor also agrees that any proposed
Assignee of the Contract will be required to certify that it is not on the prohibited entities list
before the New York State Department of Transportation (NYSDOT) may approve a
request for Assignment of Contract
During the term of the Contract, should NYSDOT receive information that a person is in
violation of the above-referenced certification, NYSDOT will offer the person an
opportunity to respond. If the person fails to demonstrate that it has ceased its engagement
in the investment which is in violation of the Act within 90 days after the determination of
such violation, then NYSDOT shall take such action as may be appropriate including, but
not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring
the Contractor in default.
NYSDOT reserves the right to reject any request for assignment for an entity that appears
on the prohibited entities list prior to the award of a contract, and to pursue a responsibility
review with respect to any entity that is awarded a contract and appears on the prohibited
entities list after contract award.
Master Contract for Grants-Attachment A-1-Program Specific Terms and Conditions
Page A-1-6 of A-1-6 Aviation Grants:Federally-Funded
A-2 Federal Clauses—Aviation Grants-Federally-Funded
ATTACHMENT A-2
FEDERALLY-FUNDED GRANTS
AND REQUIREMENTS MANDATED BY FEDERAL LAWS
I. FUNDING REQUIREMENTS-TAX EXEMPT BONDS
A. 15-Month-Eligibility Window for Costs:
In order to comply with applicable Federal Tax Law and to ensure compliance with all federal
requirements for state bond issuances used to finance the Program thereunder; Contractor's
payment applications must be for project costs paid not more than fifteen(15)months prior to the
Contractor's execution of the then-current Program reimbursement request form.
B. Special Extended Records Retention Requirements:
1. Under the U.S. Code of Federal Regulations, Part 26, federal tax law imposes certain strict
requirements and covenants upon NYSDOT for bond issuances where State Aid is used to
fund this Contract in whole or in part,,in order to allow such bond issuances to retain their
tax-free status.
2. Therefore,in order to ensure that NYSDOT can meet these obligations and authorize the use
of State Aid for the project, not withstanding any other provision of this Contract to the
contrary,the Contractor must retain the following documents in connection with the Projects:
a. Documents evidencing the specific assets financed with such proceeds, including
documents evidencing the use and ownership of the property financed with proceeds of
the bonds;and
b. Documents,if any,evidencing the sale or other disposition of the financed property.
3. The Contractor covenants to retain those records described above which are used by it in
connection with the administration of the Program for longer of the following periods:
a. Five years after the useful life of the project;or
b. Five years after the complete retirement of the Bonds used to finance the project; or
c. If any of the Bonds are refunded with proceeds of tax-exempt obligations,five years after '
the date of complete retirement of such refunding.
4. Such records must be maintained in a manner that ensures complete access thereto for the
applicable above-described period,either in hard copy or electronic format.
H.SUPPLEMENTAL TITLE VI PROVISIONS-CIVIL RIGHTS ACT OF 1964:
A. All projects funded in whole or in part with Federal-Aid and/or any State-Aid passed-through,
provided by, or granted by the Department of Transportation, MUST comply with these
Supplemental Title VI Provisions. During the performance of this contract, the contractor,
for itself, its assignees and successors in interest (hereinafter referred to as the
"contractor")agrees as follows:
Master Contract for Grants-Attachment A-2—Federally-Funded Grants and Requirements Mandated by Federal Law
Page A-2-1 of A-2-5 Aviation Grants:Federally-Funded
A-2 Federal Clauses—Aviation Grants-Federally-Funded
1. Compliance with Regulations: The contractor shall comply with the Regulation relative to
nondiscrimination in Federally assisted programs of the Department of Transportation of the
United States,Title 49,Code of Federal Regulations,Part 21, as they may be amended from time
to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference
and made a part of this contract.
2. Nondiscrimination: The Contractor, with regard to the work performed by it during the
contract, shall not discriminate on the grounds of race,religion, age,color, sex or national origin,
sex, age, and disability/handicap in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The contractor shall not participate either
directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations,
including employment practices when the contract covers a program set forth in Appendix B of
the Regulations.
3. Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the contractor for work to be
performed under a subcontract,including procurements,of materials or leases of equipment,each
potential subcontractor or supplier shall be notified by the contractor of the contractor's
obligations under this contract and the Regulations relative to nondiscrimination on the grounds
of race,color,or national origin,sex,age,and disability/handicap.
4. Information and Reports: The contractor shall provide all information and reports required by
the Regulations or directives issued pursuant thereto,and shall permit access to its books,records,
accounts, other sources of information, and its facilities as may be determined by NYSDOT or
the Federal Aviation Administration (hereinafter FAA) to be pertinent to ascertain compliance
with such Regulations,orders and instructions.Where any information required of a contractor is
in the exclusive possession of another who fails or refuses to furnish this information the
contractor shall so certify to NYSDOT's Office of Civil Rights or FAA,as appropriate,and shall
set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract,NYSDOT shall impose such contract sanctions as it
or the FAA may determine to be appropriate,including,but not limited to:
a. Withholding of payments to the contractor under the contract until the contractor
complies;and/or
b. Cancellation,termination or suspension of the contract,in whole or in part.
6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs (6)
through (7) in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Regulations,or directives issued pursuant thereto.
7. The contractor shall take such action with respect to any subcontractor procurement as
NYSDOT or the FAA may direct as a means of enforcing such provisions including sanctions for
non-compliance: Provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or supplier as a result of such direction, the
contractor may request NYSDOT to enter into such litigation to protect the interests of NYSDOT,
and, in addition, the contractor may request the United States to enter into such litigation to
protect the interests of the United States.
Master Contract for Grants-Attachment A-2—Federally-Funded Grants and Requirements Mandated by Federal Law
Page A-2-2 of A-2-5 Aviation Grants:Federally-Funded
A-2 Federal Clauses—Aviation Grants-Federally-Funded
M. FEDERAL AVIATION ADMINISTRATION(FAA)GRANT-RELATED PROVISIONS
A. Project Completion:
The Contractor agrees to complete and provide for the use of project facilities and
equipment in accordance with Federal law, rules and the FAA Grant Agreements, or
agreements with other Federal agencies, and the terms and conditions of this Master
Contract. The Contractor shall commence and continue operation of the Project upon its
completion and shall not discontinue operation or dispose of the Project without the
approval of the Commissioner. The Contractor shall also provide for the payment of its
share of the cost of the Project.
B. State Share:
The State share of project costs is fifty percent of the non-Federal costs to complete the
Project approved by the Commissioner and procured in part through Federal funding.
The maximum amount of the State's share of funding is as set forth in Schedule A. The
Contractor agrees to apply for additional Federal assistance which may become available
for the Project, subject to such conditions as the Commissioner may require, in order to
maximize the amounts of Federal assistance received or to be received for all projects in
the State.
C. Compliance with FAA Grant:
The Contractor will operate and maintain the Airport in full compliance with the terms of
the FAA Grant Agreement and all the covenants made by the Contractor to the FAA are
deemed made to the State by this Master Contract as if fully set forth herein.
D. Compliance with Applicable Federal Laws:
This Master Agreement covers the contractual obligations between the State and the
Contractor pertaining to the provision of one-half of the non-federal share of federal
Airport Improvement Programs(AIP)FAA or other federal grants to airports. Contractor
hereby agrees to comply with all applicable federal laws, including,but not limited to the
following:
1. NonDiscrimination/EEO/Disadvantaged Business Enterprise(DBE)Requirements
2. Federal Single Audit Requirements
3. The Catalog of Federal Domestic Assistance (CFDAI) Identification Number
Requirements
4. Prompt Payment Requirements
5. 1273 Federal Construction Requirements
www.cfda.gov/
Master Contract for Grants-Attachment A-2—Federally-Funded Grants and Requirements Mandated by Federal Law
Page A-2-3 of A-2-5 Aviation Grants:Federally-Funded
A-2 Federal Clauses—Aviation Grants-Federally-Funded
E. Local Authorization:
Pursuant to Federal, State and Local Law. In the event that any election, referendum,
approval, permit, notice or other proceedings or authorization is requisite under
applicable law to enable the Contractor to enter into this Master Contract or to undertake
the Project hereunder, or to observe, assume, or carry out any of the provisions of this
Master Contract, the Contractor will initiate and consummate, as provided by law, all
actions necessary with respect to any such matters so requisite.
F. Eligible Costs:
To be aneligible project cost, for the purposes of computing the amount of a grant, an
item that is paid or incurred must,in the opinion of the Commissioner:
1. Have been necessary to accomplish airport development in conformity with the FAA
approved plans and specifications for an approved project and with the terms of the
grant agreement for the project;
2. Be reasonable in amount;
3. Have been incurred after the effective date of the Master Contract, except for those
costs incurred to apply for Federal funds; prepare project engineering reports, plans
and specifications; to identify, describe and determine value of land acquisition
required for the project such as surveys, title searches and abstracts, appraisals and
legal fees and to acquire real property,and
4. Be supported by satisfactory evidence.
5. Be in conformance with generally-accepted accounting practices and shall use the
cost allocation method(s) authorized under the Project's FAA Grant Agreement, and
shall be consistent with the methods used by the Contractor to determine costs for
other operations and programs.
G. Termination:
In the event of termination of the Federal Grant for which this Master Contract provides
one-half of the non-federal match, the State's obligations under this Master Contract will
be terminated accordingly.
H. Manner of Performing Work:
The work constituting the Project may be performed by the employment of the forces and
the use of the equipment of the Contractor as authorized by the FAA.
Master Contract for Grants-Attachment A-2—Federally-Funded Grants and Requirements Mandated by Federal Law
Page A-24 of A-2-5 Aviation Grants:Federally-Funded
A-2 Federal Clauses—Aviation Grants-Federally-Funded
IV.CERTAIN NON-APPLICABLE PROVISIONS OF THE MASTER CONTRACT
A. State Funds provided under this Contract are used to partially match the Project's primary
funding provided by FAA, via a separate grant agreement between the
Sponsor/Contractor and the FAA. As such,the following terms from the Master Contract
for Grants, Standard Terms and Conditions Section shall not be in force for federally-
aided grants issued by the New York State Department of Transportation for airport and
aviation projects pursuant to Section 14-h of the Transportation Law.
• Section III. PAYMENT AND REPORTING
o Subsection A. Terms and Conditions:
■ Item 5
• Section IV. ADDITIONAL CONTRACTOR OBLIGATIONS,
REPRESENTATIONS AND WARRANTIES
o Subsection E. Records and Audits
■ Item 2. Cost Allocation -Last sentence
o Subsection F. Confidentiality
o Subsection G.Publicity
Master Contract for Grants-Attachment A-2—Federally-Funded Grants and Requirements Mandated by Federal Law
Page A-2-5 of A-2-5 Aviation Grants:Federally-Funded
ATTACHMENT B-3 CAPITAL BASED BUDGET
SUMMARY
PROJECT NAME Elizabeth Field Airport Prepare an Airport Pavement Study
CONTRACTOR SFS PAYEE NAME SO=OLD TOWN OF
CONTRACT PERIOD From 07/21/2017
To 07/21/2027
+CATEGORVOFT" 'SSE r GATT MATCkI MATiCH% OTHER 'TOTAL
FUNDS FUNDS FUNS
1.Scoping and Pre-Development $000 $000 0% $000 $000
2 Design $000 $000 0% $000 $000
3 Acquisition $000 $000 0% $000 $000
4 Construction $000 $000 0% $000 $000
5 Administration $000 $000 0% $000 $000
6 Working Capital/Reserves $000 $000 0% $000 $000
7 Other $3,625.00 $3,62500 100% $65,25000 $72,50000
TOTAL $3,62500 $3,62500 100% $65,25000 $72,50000
Contract Number # DOT01-T37302GG-3900283
Page 1 of 2,Attachment B-3-Capital Based Budget
H
ATTACHMENT B-3 CAPITAL BASED BUDGET
DETAIL
ITEM# QVIANIM UNIT PRICE
CiIN Tt-TYPEIUESti2TPTIUN (WAPPLICABLE) QFAPPLICAULE) (WAPPUCABIX) TOTAL
Prepare anAirport Pavement Study 091320 $72,50000
TOTAL $72,50000
Contract Number # DOTO1-T37302GG-3900283
Page 2 of 2,Attachment B-3-Capital Based Budget
ATTACHMENT C-WORK PLAN
SUMMARY
PROJECT NAME Elizabeth Field Airport'Prepare an Airport Pavement Study
CONTRACTOR SFS PAYEE NAME SOUTHOLD TOWN OF
CONTRACT PERIOD From 07/21/2017
To 07/21/2027
Project Summary A high-level overview of the project,including the overall goal and desired outcomes
091320 Prepare an Airport Pavement Study
Contract Number# DOTO1-T37302GG-3900283
Page I of I ,Attachment C-Work Plan Summary
ATTACHMENT C-WORK PLAN
DETAIL
Oirjective .
1 091320
Tasks
1 Prepare an Airport Pavement Study-Total Project Costs=$72,500
Federal Share=$65,250
State Share=$3,625
Local Share=$3,625
Performance Measures
1 FAA Approved Grant-Received approved FAA Grant from grantee
Contract Number # DOTO1-T37302GG-3900283
Page 1 of 1 ,Attachment C-Work Plan Detail
1
ATTACHMENT D
PAYMENT AND REPORTING SCHEDULE
I PAYMENT PROVISIONS
In full consideration of contract services to be performed the State Agency agrees to pay and the Contractor agrees to accept a
sum not to exceed the amount noted on the Face Page hereof All payments shall be in accordance with the budget contained in
the applicable Attachment B form(Budget),which is attached hereto
A.Advance Payment,Initial Payment and Recoupment Language(if applicable):
1 The State Agency will make an advance payment to the Contractor,during the initial period,in the amount of_
percent(_%)the budget as set forth in the most recently approved applicable Attachment B form(Budget)
2 The State Agency will make an initial payment to the Contractor in the amount of_percent %)ofthe annual
budget asset forth in the most recently approved applicable Attached B form(Budget) This payment will be no later
than days from the beginning of the budget period
3.Scheduled advance payments shall be due in accordance with an approved payment schedule as follows-
Period Amount Due Date
4 Recoupment of any advance payment(s)or initial payment(s)shall be recovered by crediting(_/.)of subsequent
claims and such claims will be reduced until the advance or initial payment is fully recovered within the contract period
Contract Number # DOTOI-T37302GG-3900283
Page 1,Attachment D-Payment and Reporting Schedule
B.Interim and/or Final Claims for Reimbursement
Claiming Frequency Interim Reimbursement
Number of Days/Claims
For Quarterly,Monthly and Biannual Reimbursement Claim Frequency,the above field represents the number of days
atter the claim period that the claim is due to the State from the Grantee
For Interim Reimbursement as Requested by Contractor the Number of Days/Claims is not applicable
For all other selected Claim Frequency,the Number of Days/Claims represents the number of claims due under the
contract and listed in the table below.
Expenditure Period Dates Due Date
From To
Contract Number # DOTO1-T37302GG-3900283
Page 2,Attachment D-Payment and Reporting Schedule
II.REPORTING PROVISIONS
A.Expenditure-Based Reports (select the applicable report type):
❑R Narrative/Qualitative Report
The Contractor will submit,on a quarterly basis,not later than 1 days fi•om the end of the quarter,the report
described in Section III(G)(2)(a)(i)of the Master Contract
Statistical/Quantitative Report
The Contractor will submit,on a quarterly basis,not later than_days from the end of the quarter,the report
described in Section III(G)(2)(a)(ii)of the Master Contract.
El Expenditure Report
The Contractor will submit,on a quarterly basis,not later than_days after the end date for which
reimbursement is being claimed,the report described in Section III(G)(2)(a)(iii)of the Master Contract.
❑X Final Report
The Contractor will submit the final report as described in Section III(G)(2)(a)(iv)of the Master Contract,no
later than 1 days after the end of the contract period.
❑ Consolidated Fiscal Report(CFR) i
The Contractor will submit the CFR on an annual basis,in accordance with the time frames
designated in the CFR manual. For New York City contractors,the due date shall be May 1
of each year;for Upstate and Long Island contractors,the due date shall be November 1 of
each year.
1
The Consolidated Fiscal Reporting System is a standardized electronic reporting method accepted by Office of Alcoholism&Substance Services,
Office of Mental Health,Office of Persons with Developmental Disabilities and the State Education Department,consisting of schedules which,in
different combinations,capture financial information for budgets,quarterly and/or mid-year claims,an annual cost report,and a final claim The
CFR,which must be submitted annually,is both a year-end cost report and a year-end claiming document
Contract Number:# DOT01-T37302GG-3900283
Page 3,Attachment D-Payment and Reporting Schedule
B.Progress-Based Reports
1.Progress Reports
The Contractor shall provide the report described in Section III(G)(2)(b)(i)of the Master Contract in accordance with
the forms and in the format provided by the State Agency,summarizing the work performed during the contract period
(See Table 1 below for the annual schedule).
2.Final Progress Report
Final scheduled payment will not be due until—days after completion of agency's audit of the final expenditures
report/documentation showing total grant expenses submitted by vendor with its final invoice. Deadline for
submission of the final report is_. The agency shall complete its audit and notify vendor of the results no later than
_. The Contractor shall submit the report not later than_days from the end of the contract.
C.Other Reports
The Contractor shall provide reports in accordance with the form;content-and schedule as set forth in Table 1.
Contract Number:# DOTO1-T37302GG-3900283
Page 4,Attachment D-Payment and Reporting Schedule
TABLE 1-REPORTING SCHEDULE
PRO,GRESS.REPORI'#a _'PERIOD COVERED - Dae Date`
1
2
3
4
5
6
7
8
9
10
11
12
III.SPECIAL PAYMENT AND REPORTING PROVISIONS
Contract Number:# DOTO1-T37302GG-3900283
Page 5,Attachment D-Payment and Reporting Schedule
I ,
egif Fat/(
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IN
RECEIVED
° '- MAY - 9 2018
Office of the Town Attorney Southold Town Clerk
Town of Southold
Town Hall Annex, 54375 Route 25
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: May 4, 2018
Subject: Elizabeth Field Airport 2017 State Grant Agreement
With respect to the above-referenced matter, I am enclosing the original
Agreement together with the Resolution.
If you have any questions regarding the enclosed, please do not hesitate to call
me. Thank you.
/ms
Enclosures
cc: Accounting