HomeMy WebLinkAbout583052-001Aurora R. Valenti
TOMPKINS COUNTY CLERK
320 North Tioga Street
Ithaca, NY 14850
(607)274-5431
Fax: (607) 274-5445
No. of Pages: 16
(including this
cover page)
Receipt No. 583052
Date: 11 /04/2011
Time: 11:00 AM
Document Type: EASEMENT/LEASE
Parties
To Transaction: NYS - ITHACA TOWN
Town/City:
Deed Information
Taxable Consideration: $0.00
State Transfer Tax: $0.00
County Transfer Tax: $0.00
RETT No.: 00515
State of New York
Tompkins County Clerk
Delivered By:
ITHACA TOWN OF
Return To:
ITHACA TOWN OF
Instrument Number
*583052-001 *
Mortaaae Information
Taxable Mortgage Amount:
Basic Mortgage Tax:
Special Mortgage Tax:
Additional Mortgage Tax:
Local Mortgage Tax:
Mortgage Serial No.:
This sheet constitutes the Clerk endorsement required by Section 316 A(5) & Section 319 of the Real
Property Law of the State of New York.
Tompkins County Clerk
Please do not remove this page.
111111111111111111111111111111111111111111111111111111111111
NEW YORK STATE
EXECUTIVE DEPARTMENT
OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION
GRANT OF EASEMENT
THIS INDENTURE, made this ZZ"J day of _T,1/1V , 2011, between THE PEOPLE
OF THE STATE OF NEW YORK acting by and through thLVOFFICE OF PARKS, RECREATION AND
HISTORIC PRESERVATION, with offices at Agency Building 1, Empire State Plaza, Albany, New
York, 12238, County of Albany, State of New York, hereinafter referred to as the "GRANTOR", and the
TOWN OF ITHACA , having its place of business at 215 North Tioga Street, Ithaca, New York 14850,
County of Tompkins, State of New York, hereinafter referred to as the "GRANTEE".
WITNESSETH:
WHEREAS, the GRANTOR is charged by law with the supervision and control of all State Parks
and parkways and other recreational and historical facilities, and
WHEREAS, the GRANTEE desires to acquire from the GRANTOR a certain Permanent
Easement for the purpose(s) of constructing, operating and maintaining a potable water main pipeline and
sanitary sewer pipeline within a portion of the Robert H. Treman State Park, and
WHEREAS, the GRANTOR desires to cooperate with the GRANTEE and is willing to grant the
desired easements under appropriate conditions and safeguards, and
WHEREAS, this Grant of Easement is for perpetuity from the date hereof or until otherwise
terminated as hereinafter provided.
NOW, THEREFORE, the GRANTOR pursuant to Section 13.06 of the Parks, Recreation and
Historic Preservation Law and in consideration of One Dollar, ($1.00) and other good and valuable
consideration, the receipt of which is hereby acknowledged, and subject to the conditions hereinafter set
forth, does hereby grant and convey to the GRANTEE said easement in, over and under the parcel of land
described on SCHEDULE A, herewith attached and made part of this easement; and henceforth referred to
as the PREMISES.
1. IT IS FURTHER UNDERSTOOD AND AGREED that the GRANTEE intends to construct,
install, place, replace, operate and maintain a potable water main pipeline and sanitary sewer pipeline
within the lines of easement parcel as shown on the plans herewith attached as ATTACHMENT A, and that
the placement of said improvement shall conform to said plans and shall not encroach beyond the lines of
the above -described easement parcel.
2. IT IS FURTHER UNDERSTOOD AND AGREED that this grant is an easement for
construction, installation, placement, replacement and maintenance purposes only and is to be confined to
the lines of the above -described parcel of land in, through and/or under the surface thereof. This grant
shall not be construed in any way to convey , nor is to be intended to convey, any right upon the surface
of said property or under or above the ground in the aforementioned parcel of land, except for the
purposes of constructing, installing, placing, replacing and maintaining the above -mentioned
improvement.
3. IT IS FURTHER UNDERSTOOD AND AGREED that all plans and specifications for the
construction, reconstruction, installation and reinstallation within the easement area shall be submitted to
the GRANTOR for approval prior to construction or installation, and the upon prior application for the
purposes of maintaining these facilities, reasonable access shall be given to the GRANTEE by the
GRANTOR for the purposes of such maintenance.
4. IT IS FURTHER UNDERSTOOD AND AGREED that all work in connection with the
construction, installation, or maintenance of such shall be carried out at all times in a manner satisfactory
to the GRANTOR.
5. IT IS FURTHER UNDERSTOOD AND AGREED that this grant is made subject to the
satisfaction of the GRANTOR; that any pavement, fence, structure or equipment, and the ground surface
and landscaping which may be disturbed on the lands herein described, and any adjacent areas affected by
the construction, installation or maintenance of these improvements, shall be restored to the same
condition or as good condition as it was before such construction, installation or maintenance was
undertaken by the GRANTEE; that upon completion of such construction, installation or maintenance,
said GRANTEE shall remove any temporary structures and construction or maintenance debris on or
above the surface of the land.
6. IT IS FURTHER UNDERSTOOD AND AGREED that the easement hereby granted does not
convey any interest in the land other than an easement for the purposes hereinabove set forth, and that
such easement shall not restrict the use of the land by the GRANTOR.
7. IT IS FURTHER EXPRESSLY UNDERSTOOD AND AGREED that the GRANTEE shall
remove or relocate said improvement at its own expense, upon request in writing from the GRANTOR,
whenever development of a state project requires such removal or relocation.
8. IT IS FURTHER EXPRESSLY UNDERSTOOD AND AGREED that the GRANTEE
covenants and agrees to defend, indemnify, and hold harmless the State of New York and the Office of
Parks, Recreation and Historic Preservation from and against any and all claims, suits, losses, damages,
injuries to persons or property arising out of or in connection with the installation, maintenance and
operation of said improvement and use of said PREMISES by the GRANTEE or others.
9. The GRANTEE shall hold public liability insurance of $1,000,000 for each occurrence and a
general aggregate minimum of $2,000,000. The Office of Parks, Recreation and Historic Preservation and
the State of New York shall be named additional insureds on the GRANTEE's public liability insurance
policy. The GRANTEE shall annually deliver to GRANTOR certificates of insurance for the full term as
identified above. GRANTEE and the GRANTEE'S contractors, including all installation, operation,
maintenance, and repair contractors, shall deliver to the GRANTOR certificates of insurance prior to
beginning any work within the described easement area.
10. This instrument is granted on the express condition that if the above described easement parcel
is used for other than the purpose hereinbefore set forth, or in the event the said improvement located in
the above -described easement parcel is discontinued, then in either event, this easement shall terminate
and all rights herein granted shall cease. In the event of discontinuance, all improvements installed for
such purposes shall be removed by and at the sole cost of the GRANTEE.
2
11. Procurement Lobbying Act: The GRANTEE certifies the following:
1. By executing this agreement, GRANTEE affirms that it understands and has agreed to
comply with the enclosed Procurement Lobbying Law guidelines concerning permissible
contacts in accordance with State Finance Law §§ 139-k and 139 j.
2. By executing this agreement, GRANTEE certifies that he/she has not been found non -
responsible by a government entity within the previous four years.
3. By executing this agreement, GRANTEE certifies that all information provided with
respect to State Finance Law § 139 j and § 139-k is complete, true and accurate with
regard to prior non -responsibility determinations within the past four years based on
impermissible contracts or other violations of § 139 j or the intentional provision of
false or incomplete information to a governmental entity.
The GRANTOR reserves the right to terminate this contract in the event it is found that the
certification filed by the GRANTEE in accordance with State Finance Law § 139 j and § 139-k
was intentionally false or intentionally incomplete. The contact people are Sue Poelvoorde,
Senior Natural Resource Planner, (607) 387-7041, Randel Paquin, Senior Land Surveyor (518)
408-1963, and Bob McCune, Real Estate Specialist 1, (518) 408-1427, Empire State Plaza,
Agency Building 1, Albany, New York 12238.
12. BINDING CONTRACT: This Easement is not binding on the GRANTOR until approved by
the Attorney General and the State Comptroller, as required by law. Upon such approvals, this Easement
shall be binding upon and inure to the benefit of the respective parties hereto, their successors and
assigns.
13. Attached hereto and part hereof is Appendix A: STANDARD CLAUSES FOR
CONTRACTS (revised November 2010).
IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed the day
and year first above written.
THE PEOPLE OF THE STATE OF NEW YORK
THROUGH THE COMMISSIONER OF PARKS,
RECREATION AND HISTORIC PRESERVATION
Deputy Commissioner for Natural Resources
ACCEPTANCE
By:
Title• ✓• J �' "
Payee I.D. Number 1 S6 by `Ci
(Social Security Number or Federal Tax I.D. Number)
APPROVED AS TO FORM
,AND MANNER OF EXECUTION
ERIC T. SCHNEIDERMAN
qRNEY GENERAL
3Y-V
4
ACKNOWLEDGEMENT
STATE OF NEW YORK )
ss.:
COUNTY OF 10apr-►n& )
On the 1 day of Jt in the year 2011, before me, the undersigned, a
Notary Public in and for said State, personally appeared Herbea I
personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)
whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument,
the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
CARRIE WHITMORE
Notary Public, Skate of New York
No. 01 b' County
-
Tioga County
Commission Expires December 26 0 NOTARY PUBLIC
DEPUTY COMMISSIONER ACKNOWLEDGEMENT
STATE OF NEW YORK )
ss.:
COUNTY OF )
On the ]2�day of J �, ` 1 in the year 2011, before me, the undersigned, a
Notary Public in and for said State, personally appeared oU , F�L— o r
personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose
name is subscribed to the within instrument and acknowledged to me that by his signature on the
instrument, the individual, or the person upon behalf of which the individual acted, executed the
instrument.
JEFFREY A. MEYERS
Notary Public, State of New York
Qualified in Schenectady County .
No.02ME6019094
Commission Expires February 1, ° TARY PUBLI
il
SCHEDULE A
ALL that piece or parcel of land situate, lying and being in the Town of Ithaca, County
of Tompkins and State of New York known and distinguished as part of Great Lot 79 Township
No. 22 (Ulysses) of the Military Track, as shown on the attached map identified as Attachment
A, and more particularly bounded and described as follows:
BEGINNING at a point being the southwesterly corner of an existing permanent
easement granted by the People of the State of New York to the Town of Ithaca dated June 1,
2005, and filed in the Tompkins County Clerk's Office on July 13, 2005, as Instrument No.
475692-002 (as shown on Attachment 1 — A of said easement);
THENCE South 39 degrees 42 minutes, 09 seconds West, through lands of the People of
the State of New York, a distance of 40.70 feet to a point located at its intersection with the
division line between lands of the People of the State of New York (L.215 P.103 on the north
and lands now or formerly of James R. & Susan P. McCutcheon (L.663 P.603) on the south;
THENCE South 74 degrees 00 minutes, 51 seconds West, along said division line, a
distance of 51.74 feet to a point;
THENCE North 39 degrees 42 minutes 09 seconds East, through lands of the People of
the State of New York, a distance of 101.83 to a point located at the northwesterly corner of
above mentioned permanent easement granted to the Town of Ithaca;
THENCE South 18 degrees 03 minutes 55 seconds East, along the westerly boundary of
said easement, a distance of 34.48 feet to the POINT OF BEGINNING, containing 2,079t
square feet of land more or less.
ATTACHMENT A
ROBERT H. TREMAN
STATE PARK
THE PEOPLE OF THE STATE
OF NEW YORK
(REPUTED OWNERS)
L.215 P.103
PROPOSED UTILITY EASEMENT_
TO THE TOWN OF ITHACA
AREA =
2079t SO. FT. OR
0.048t ACRES —
MAP REFERENCE:
"SURVEY MAP SHOWING LANDS OF
MILTON P. ESTATE"
DATED NOV. 6, 1976, LAST REVISED JULY
AS PREPARED BY T.G. MILLER, P.C.
FILED IN THE TOMPKINS COUNTY CLERK'S
OFFICE ON JULY 31, 1991 IN DRAWER Q,
ROOM H. TREMAN
STATE PARK
�\ LANDS NOW OR FORMERLY OF
THOMAS J. & PATTI K. FARRELL
L.557 P.593
IEXISTING UTILITY EASEMENT
�1 FOR WATER AND SEWER LINES
GRANTED BY THE PEOPLE OF
THE STATE OF NEW YORK TO
THE TOWN OF ITHACA AS DESCRIBED
I 1
1 IN INSTRUMENT N0. 475692-002
1
I 1
r
i I I
II P.O.B.
\ I S 3 9" W 042
.V
2, 1991
SHEET 60.
CIUY•1 •Y:
ROBERT H. TREMAN . �u`
STATE PARK
mm
LANDS NOW OR FORMERLY OF
JAMES R. & SUSAN P.
McCUTCHEON
L.663 P.603
M
IM
1lNvcm Im.0"mDIIMAQ,
M eeawoN imwofw�a =..
a..a,•■ter �fmisRA7A
AL0 W,hWrowc,ss�e
SUMMARY OF AND IMPLEMENTATION GUIDELINES FOR
§ 139-J and § 139-K OF THE STATE FINANCE LAW
* This summary is not intended to replace the need for persons to become familiar with the full
requirements of the law. Please refer to the full text of the law to resolve any questions you may
have with regard to your conduct under it.
Section 139 j of the State Finance Law imposes restrictions on how a person may communicate with a
governmental entity, such as the Office of Parks, Recreation and Historic Preservation (hereafter, referred
as "OPRHP"), concerning a governmental procurement during a period of time called the "restricted
period," which is defined broadly as the period of time commencing from the earliest written notice
announcing a government procurement until the award is approved by the comptroller.
These new requirements cover a wide range of government contracting transactions, including the
purchase of a commodity, service, technology, public work, construction and revenue contract, or the
purchase, sale or lease of real property or the acquisition or the granting of other interests in real property
(hereafter referred as "governmental procurement or procurement contract." Any person in the private
sector (hereinafter referred to as "person") interested in contacting OPRHP concerning anyone of these
types of transactions is covered under the provisions of the new law, which limits the way that such
person can communicate with OPRHP during the "restricted period."
For each governmental procurement, OPRHP will designate an employee or employees that may be
contacted by persons concerning all aspects of the governmental procurement. With very few statutory
exceptions, you are required to communicate during the restricted period with this designated person or
persons. If your communication can be inferred by a reasonable person to be an attempt to influence the
procurement, by law you are required to only communicate with the designated person or persons. If
your communication is interpreted as an attempt to influence the procurement, the designated person is
required to record your name, address, telephone number, place of principle employment, and occupation
of the person making the contact and inquire and record whether the person making the contact is a
principle or was hired by the principle to make the contact. This recorded information must be retained in
the procurement record.
If, however, you communicate with someone other than the designated person or persons and your
communication can be construed by a reasonable person to be an attempt to influence the governmental
procurement, and the communication is not otherwise listed as an exception to the law, this
communication will be deemed impermissible per the terms of the law which requires that the
communication be reported to OPRHP's Ethics Officer for investigation. If a communication during the
"restricted period" may be deemed an attempt to influence the procurement such communication may
only be with the individuals designated by OPRHP.
It is the policy of OPRHP to interpret as broadly as possible what communications are intended to
influence the governmental procurement, and are not just those attempts to influence the procurement in
such a manner that would be in violation of the ethical prohibitions against gifts or which would result in
any violation of the Ethics Law. Communications of a nature that are in violation of the Ethics Law will
be immediately reported to the Ethics Officer for investigation regardless of whether the contact was
made to the designated person or persons or someone else.
As referenced before, the law specifically permits certain types of contacts by persons to OPRHP
concerning the governmental procurement. These are:
• the submission of written proposals in response to a request for proposal, invitation for bids or
any other method for soliciting a response from interested parties;
• the submission of written questions to a designated contact, when all written questions and
responses are to be disseminated to all persons interested in such procurement;
• participation in a conference where all interested parties are invited to attend;
• written complaints made to the General Counsel's Office of OPRHP concerning the timely
response to issues posed to the designated person, provided that such written complaints are made
part of the procurement record;
• communications where the contract award has been tentatively made and where such
communications are necessary to negotiate the terms of the procurement contract;
• requests made to the designated person or persons to review the procurement award;
• written protests, appeals, or other review proceedings to either OPRHP or an outside agency.
Any contact alleged to be an impermissible contact under the law will be immediately referred to and
investigated by OPRHP's Ethics Officer. The Ethics Officer shall promptly investigate the allegation by
interviewing all employees or persons involved or who are believed to have information about the
impermissible contact. If sufficient cause exists to believe that such allegation is true, the person being
investigated shall be given notice that an investigation is ongoing and such person shall be afforded an
opportunity to be heard in response to the allegation either by responding in writing or by providing a
statement before the Ethics Officer, who shall record by appropriate means such statement for the record.
The Ethics Officer shall keep a record of the investigation and shall make a written finding of the results
of such investigation and report these findings to the Commissioner.
In addition, a finding by the Ethics Officer that a person has knowingly and willingly violated the law by
making an impermissible contact shall result in a determination of non -responsibility and such person and
all associated subsidiaries of such person shall not be awarded the procurement contract. The
determination of non -responsibility shall also be forwarded to the Commissioner of the Office of General
Services (or his or her designee), which by law is required to keep a list of such determinations for public
inspection. Determinations of non -responsibility must be disclosed in all future responses to New York
State procurements. With few exceptions, no procurement contract shall be awarded to any person who
fails to disclose findings of non -responsibility within the previous four years.
O
APPENDIX A
STANDARD CLAUSES FOR NEW YORK STATE
CONTRACTS
TABLE OF CONTENTS
1. Executory Clause
2. Non -Assignment Clause
3. Comptroller's Approval
4. Workers' Compensation Benefits
5. Non -Discrimination Requirements
6. Wage and Hours Provisions
7. Non -Collusive Bidding Certification
8. International Boycott Prohibition
9. Set -Off Rights
10. Records
11. Identifying Information and Privacy Notification
12. Equal Employment Opportunities For Minorities and Women
13. Conflicting Terms
14. Governing Law
15. Late Payment
16. No Arbitration
17. Service of Process
18. Prohibition on Purchase of Tropical Hardwoods
19. MacBride Fair Employment Principles
20. Omnibus Procurement Act of 1992
21. Reciprocity and Sanctions Provisions
22. Compliance with New York State Information
Security Breach and Notification Act
23. Compliance with Consultant Disclosure Law
24. Procurement Lobbying
25. Certification of Registration to Collect Sales and
Compensating Use Tax by Certain State Contractors,
Affiliates and Subcontractors
10
STANDARD CLAUSES FOR NYS CONTRACTS
The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this
contract") agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein
refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party):
1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this
contract to the Contractor or to anyone else beyond funds appropriated and available for this contract.
2. NON -ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned
by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the
State's previous written consent, and attempts to do so are 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
contracting agency and with the concurrence of the State Comptroller where the original contract was subject to the State
Comptroller'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 any 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 this contract concerns Certificates of Participation pursuant to Article 5-A of the State
Finance Law.
3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law (or, if this contract is with the
State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds
$50,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N.Y.
contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by
this contract, the State agrees to give something other than money when the value or reasonably estimated value of such
consideration exceeds $10,000, it shall not be valid, effective or binding upon the State until it has been approved by the State
Comptroller and filed in his office. Comptroller's approval of contracts let by the Office of General Services is required when
such contracts exceed $85,000 (State Finance Law Section 163.6.a).
4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall
be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for
the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law.
5. NON-DISCRIMINATION REQUIREMENTS. To the extent required by 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
will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, sexual
orientation, age, disability, genetic predisposition or carrier status, or marital status. 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 this contract shall be performed
within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color,
disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to
perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract.
If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof,
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 this contract. Contractor is subject to
fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this
contract and forfeiture of all moneys due hereunder for a second or subsequent violation.
6. 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 a condition precedent to payment by the State of any State approved sums due and owing for work done upon the project.
7. NON -COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139-d of the State Finance Law, if this
contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at
independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor
submitted its bid, an authorized and responsible person executed and delivered to the State a non -collusive bidding certification
on Contractor's behalf.
8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of the Labor Law and Section 139-h of
the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither
the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating,
or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App.
Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted
or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce
Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract,
amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller
within five (5) business days of such conviction, determination or disposition of appeal (2NYCRR 105.4)
9. SET-OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall
include, but not be limited to, the State's option to withhold for the purposes of set-off any moneys due to the Contractor under
this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State
department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and
owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties
relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set-off
pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller.
10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and
other evidence directly pertinent to performance under this contract (hereinafter, collectively, "the Records"). The Records must
be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State
Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or
agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor
within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for
the tern specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect
from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the
"Statute") provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should
not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the
Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in
any pending or future litigation.
11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION. (a) FEDERAL EMPLOYER IDENTIFICATION
NUMBER and/or FEDERAL SOCIAL SECURITY NUMBER. All invoices or New York State standard vouchers submitted for
payment for the sale of goods or services or the lease of real or personal property to a New York State agency must include the
payee's identification number, i.e., the seller's or lessor's identification number. The number is either the payee's Federal
employer identification number or Federal social security number, or both such numbers when the payee has both such numbers.
Failure to include this number or numbers may delay payment. Where the payee does not have such number or numbers, the
payee, on its invoice or New York State standard voucher, must give the reason or reasons why the payee does not have such
number or numbers.
(b) PRIVACY NOTIFICATION. (1) The authority to request the above personal information from a seller of goods or services
or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax
Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the
information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax
returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the
Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose
authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the
goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in New
York State's Central Accounting System by the Director of Accounting Operations, Office of the State Comptroller, 110 State
Street, Albany, New York 12236.
12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In accordance with Section 312 of
the Executive Law, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in
excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services,
supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the
contracting agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or
does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and
improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing
project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or
renovation of real property and improvements thereon for such project, then:
(a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national
origin, sex, age, disability or marital status, and will undertake or continue existing programs of affirmative action to ensure that
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minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action
shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates
of pay or other forms of compensation;
(b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized
representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written
statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color,
national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the
implementation of the contractor's obligations herein; and
(c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract,
all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color,
national origin, sex, age, disability or marital status.
Contractor will include the provisions of "a", "b", and "c" above, in every subcontract over $25,000.00 for the construction,
demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work")
except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services
unrelated to this contract; or (ii) employment outside New York State; or (iii) banking services, insurance policies or the sale of
securities. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law
concerning equal employment opportunity which effectuates the purpose of this section. The contracting agency shall determine
whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such
duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication
or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Governor's Office of
Minority and Women's Business Development pertaining hereto.
13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments
thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control.
14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal
supremacy clause requires otherwise.
15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by
Article 11-A of the State Finance Law to the extent required by law.
16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted
to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the
State of New York.
17. 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. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond.
18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS. The Contractor certifies and warrants that all wood
products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of
Section 165 of the State Finance Law, (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods,
unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation.
Qualification for an exemption under this law will be the responsibility of the contractor to establish to meet with the approval of
the State.
In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by
any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been
informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in § 165 State
Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. Under
bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of
the State.
19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In accordance with the MacBride Fair Employment Principles
(Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in
Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance
with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall
permit independent monitoring of compliance with such principles.
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20.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.
Information on the availability of New York State subcontractors and suppliers is available from:
NYS Department of Economic Development
Division for Small Business
30 South Pearl St -- 7th Floor
Albany, New York 12245
Telephone: 518-292-5220
Fax: 518-292-5884
http://www.empire. state. ny. us
A directory of certified minority and women -owned business enterprises is available from:
NYS Department of Economic Development
Division of Minority and Women's Business Development
30 South Pearl St -- 2nd Floor
Albany, New York 12245
Telephone: 518-292-5250
Fax: 518-292-5803
http://www.empire.state.ny.us
The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify
that whenever the total bid amount is greater than $1 million:
(a) The Contractor has made reasonable efforts to encourage the participation of New York 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;
(b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92-261), as amended;
(c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment
opportunities on this project through listing any such positions with the Job Service Division of the New York State Department
of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or
agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and
(d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this
contract and agrees to cooperate with the State in these efforts.
21. RECIPROCITY AND SANCTIONS PROVISIONS. Bidders are hereby notified that if their principal place of business
is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or
services they offer will 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 they be denied contracts which they would otherwise
obtain. NOTE: As of May 15, 2002, the list of discriminatory jurisdictions subject to this provision includes the states of South
Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii. Contact NYS Department of Economic Development for a
current list of jurisdictions subject to this provision
22. COMPLIANCE WITH NEW YORK STATE INFORMATION SECURITY BREACH AND NOTIFICATION ACT.
Contractor shall 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).
23. COMPLIANCE WITH 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 Sectibb 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.
24. PROCUREMENT LOBBYING. To the extent this agreement is a "procurement contract" as defined by
State Finance Law Sections 139-j and 139-k, by signing this agreement the contractor certifies and affirms that all disclosures
made in accordance with State Finance Law Sections 139-j and 139-k are complete, true and accurate. In the event such
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certification is found to be intentionally false or intentionally incomplete, the State may terminate the agreement by providing
written notification to the Contractor in accordance with the terms of the agreement.
25. CERTIFICATION OF REGISTRATION TO COLLECT SALES AND COMPENSATING USE TAX BY CERTAIN
STATE CONTRACTORS, AFFILIATES AND SUBCONTRACTORS.
To the extent this agreement is a contract as defined by Tax Law Section 5-a, if the contractor fails to make the certification
required by Tax Law Section 5-a or if during the term of the contract, the Department of Taxation and Finance or the covered
agency, as defined by Tax Law 5-a, discovers that the certification, made under penalty of perjury, is false, then such failure to
file or false certification shall be a material breach of this contract and this contract may be terminated, by providing written
notification to the Contractor in accordance with the terms of the agreement, if the covered agency determines that such action is
in the best interest of the State.
Revised November 2010
RECEIVE)
NYS OFFICE OF THE
JUL 26 2011
ATTORNEY GENERAL
REAL PROPERTY BUREAU
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