3.6 3.6
AGREEMENTS\NYS Police Lease Renewal-9/26/16
RESOLUTION AUTHORIZING RENEWAL OF LEASE AGREEMENT
BETWEEN TOWN OF QUEENSBURY AND NEW YORK STATE POLICE
RESOLUTION NO. ,2016
INTRODUCED BY:
WHO MOVED FOR ITS ADOPTION
SECONDED BY:
WHEREAS, the Town of Queensbury previously entered into a Lease Agreement dated
April 16t'', 1990 with the New York State Police to lease an office building constructed on Town
property on Aviation Road, Queensbury and by Resolution No.:173,2000, authorized an
extension to such Lease Agreement, and
WHEREAS, the Town Board wishes to authorize a renewal of such Lease Agreement
with provisions similar to those in the original Lease Agreement and extension,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes a renewal of
the Lease Agreement with the New York State Police on substantially similar terms as the prior
Lease Agreement, such form to be acceptable to the Town Supervisor, Town Facilities Manager
and/or Town Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute such renewal of Lease Agreement and take such other and further action as may be necessary
to effectuate the terms of this Resolution.
Duly adopted this 26ffi day of September, 2016 by the following vote:
AYES
NOES
ABSENT:
RESOLUTION AUTHORIZING LEASE AGREEMENT BETWEEN TOWN
OF QUEENSBURY AND NEW YORK STATE POLICE
RESOLUTION NO. 173. 2000
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. James Martin
WHEREAS, the Town of Queensbury previously entered into a ten (10) year Lease
Agreement with the New York State Police to lease an office building constructed on Town
property on Aviation Road, Queensbury, and
WHEREAS, such Lease Agreement will expire on April 16th, 2000, and
WHEREAS, the Town Board of the Town of Queensbury and State Police wish to enter
into a new ten (10) year Lease Agreement with provisions similar to those in the original Lease
Agreement dated April 16th, 1990, and
WHEREAS. a proposed Lease Agreement has been presented at this meeting and is in form
approved by Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby approves and
authorizes the Lease Agreement with the New York State Police substantially in the form presented
at this meeting, and
BE IT FURTHER,
RESOLVED, with modifications in accordance with the memo from the Town Comptroller dated
April 3, 2000, and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute the Agreement and take such other and further action as may be necessary to effectuate the
terms of this Resolution.
Duly adopted this 3rd day of April, 2000 by the following vote:
AYES: Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower
NOES :None
ABSENT:None
••
itiMeA00
New York State Police Lease Agreemevtt 154-00
AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND
THE NEW YORK STATE POLICE
AGREEMENT made this ZneLdayof May, 2000 by and between the TOWN OF
QUEENSBURY, a municipal entity with its principal offices located at 742 Bay Road,
Queensbury, Warren County, New York (hereinafter referred to as the "Town") and the NEW
YORK STATE POLICE, Troop G, Loudonville, New York (hereinafter referred to as the
"STATE POLICE").
WITNESSETH:
WHEREAS, the Town of Queensbury previously entered into a ten (10) year Lease
Agreement with the New York State Police to lease an office building constructed on Town
property on Aviation Road, Queensbury, and -
WHEREAS, such Lease Agreement will expire on April 16th, 2000, and
WHEREAS, the Town Board of the Town of Queensbury and State Police wish to enter
into a new ten (10) year Lease Agreement with provisions substantially similar to those in the
original Lease Agreement dated April 16th, 1990,
NOW,THEREFORE,THE PARTIES AGREE AS FOLLOWS:
1. The Town hereby agrees to furnish to the State Police the office building
presently in use by the State Police on Aviation Road, Queensbury.
2. The State Police agrees to continue utilization of the office building as a New
York State Police Satellite Office.
3. Other than the consideration set forth in this Agreement, there shall be no fee paid
either to the Town or State Police for the services rendered and/or the offices furnished.
4. The term of this Agreement is for ten (10) years commencing April 3`d, 2000. At
the end of this period, the parties agree to review the terms of this Agreement. If at any time the
State Police or Town finds that utilization of the office and parking facilities is no longer
feasible, either party may vacate or terminate this Agreement with one-hundred twenty (120)
days written notice to the other party.
5. For the purposes of this Agreement, "office" or "office building" shall mean not
only the actual rooms occupied by the State Police, but the entire building and any and all
traveled ways and access routes to and from the building.
6. It is understood and agreed that the Town may use, arrange and establish
walkways, trails and other recreational uses and facilities on the property located generally
Z
behind the rear building line and/or west of the building. The Town shall have sole discretion in
the layout of any trails and paths except that the State Police may designate that the trails be a
minimum distance not to exceed seventy-five feet (75') to the west of the building or fifty feet
(50') south of the building line. It is also agreed and understood that the State Police shall not in
any manner use the area on the property designated as Area A(attached as Exhibit A) for police
purposes and that this area shall remain under the complete control and use of the Town. It is
agreed and understood that the Town has an Agreement with the Department of Environmental
Conservation (DEC) concerning maintenance of this area to preserve the undeveloped portion of
the site in an effort to address environmental concerns related to preservation of the Karver Blue
Butterfly. Annexed as Exhibit B is a copy of the Agreement between the Town and DEC. The
State Police hereby acknowledges the Town's Agreement with DEC and agrees that they will
conduct activities upon the property and within the building in a manner that will not violate the
terms of the Agreement.
7. Throughout the term of this Agreement, the State Police shall take good care of
the demised premises and its fixtures and appurtenances. The State Police shall be responsible
and pay for any and all damages or injuries caused by the State Police or any persons brought
into the building under their control, to the demised premises or any other part of the building,
system and equipment, whether requiring structural or non-structural repairs. The State Police
shall also be responsible for paying all operating costs, except for insurance coverage, incurred in
connection with the building, such items to include, but not be limited to, heating costs, electrical
costs, water service, sewage service (if any), snow removal, general routine maintenance,
cleaning, maintenance of floors and/or rugs, replacement of light bulbs, cleaning and seasonal
3
•
•
.
tune-up or maintenance of heating and air conditioning systems, sweeping of the driveway and
walkways, installation and cleaning of screens or windows, and cleaning and fixing of any sinks
or appliances. It is understood by the parties that for the duration of this Agreement, the Town's
Building and Grounds Department will maintain all lawns and shrubbery of the demised
premises. Upon written notice from the State Police of the need for maintenance or repairs for
which the State Police is not liable under this Agreement, the Town shall make repairs as soon as
practical or deemed appropriate.
As to insurance coverage, the State Police agrees that it will provide liability coverage
specifically naming the Town of Queensbury as an insured, with coverage limits equal to
$2,000,000 general aggregate liability and $1,000,000 for property damage and bodily injury. If •
the Town changes its standard requirements for insurance during the term of this Agreement, the
Town shall have the authority to direct the State Police to increase their insurance and limits to
be consistent with the Town's then-existing standards. The Town shall maintain insurance
coverage on the premises for Town buildings and properties and insure the building against fire,
general comprehensive loss and general liability. The State Police shall provide such insurance
as it shall deem appropriate for its personal property, equipment and leasehold improvements;
the Town shall have no responsibility for such property of the State Police.
8. State Police shall make no changes in or to the demised premises of any nature
without the Town's prior written consent. Subject to the prior written consent of the Town, the
State Police may at their own expense, make alterations, installations, additions or improvements
which are non-structural and which do not affect utility services or plumbing and electrical lines.
4-
•
The State Police shall, before making any alterations, additions, installations or improvements, at
its own expense, obtain all permits, approvals and certificates required by any governmental or
quasi-governmental bodies. The State Police shall furnish copies of any such permits, approvals
and/or certificates to the Town. The State Police agrees to carry, and will require any State
Police contractors and sub-contractors to cavy, any Worker's Compensation, General Liability,
Personal and Property Damage Insurance required by the Town. All fixtures, paneling,
partitions, railings and like installations installed in the premises by the State Police or the Town
on behalf of the State Police, shall become Town property and remain with the demised premises
unless the Town, by.notice to the State Police, no later than twenty (20) days prior to the date
fixed as the termination of this Agreement, elects to relinquish the Town's rights and have them
removed by the State Police. In such event, the State Police shall remove the item(s) from the
premises prior to the expiration of this Agreement at State Police expense. Nothing in this
section shall be construed to give the Town title to or prevent the State Police from removing
trade fixtures, moveable office furniture and/or equipment; however, upon removal of any item
from the premises, the State Police shall immediately and at its expense, repair and restore the
premises to the condition existing prior to installation. Any item(s) not removed by the State
Police at the end of the term of this Agreement shall be deemed abandoned and the Town may
retain the item(s) as Town property or remove the item(s) from the premises at State Police
expense.
9. The State Police, at their sole cost and expense, shall properly comply with all
present and future laws, orders and regulations of all State, Federal, Municipal and Local
Governments, Departments, Commissions and Boards and any direction of any public officer
5
f '
pursuant to Law and all orders, rules and regulations of the New York Board of Fire
Underwriters, Insurance Services Office or any similar body which shall impose any violation,
order or duty upon the Town or State Police with respect to the demised premises, if arising out
of the State Police use of the premises or building. The State Police shall not do or permit any
act or thing to be done to the demised premises which will invalidate or conflict with public
liability, fire or other insurance policies at any time carried by or for the benefit of the Town with
or which subject the Town to any liability or responsibility to any person or for property damage.
State Police shall not keep anything in the demised premises except as now or hereafter
permitted by the Fire Department, Board of Fire Underwriter's, Fire Insurance Rating
Organization or other authority having jurisdiction. State Police shall pay any and all costs,
expenses, fines, penalties, or damages which may be imposed upon-the Town by reason of the
State Police's failure to comply with the provisions of this section.
10. The Town or its agent shall not be liable for any damage to State Police property
nor for loss or damage to any State Police property by theft or otherwise, nor for any injury or
damage to persons or property resulting from any cause of whatsoever nature, unless caused by
or due to the negligence or intentional misconduct of the Town, its agents, servants or
employees. The Town or its agents will not be liable for any such damage caused by the State
Police or persons in, upon or about the building or caused by the operations and construction of
any private, public or quasi-public work unless caused by or due to the negligence or intentional
misconduct of the Town, its agents, servants or employees. State Police shall indemnify and
save harmless the Town against and from all direct liabilities, obligations, damages, penalties,
claims, costs and reasonable expenses for those injuries either to person or property arising out of
6
the use, possession, or occupancy of the demised premises, including but not limited to, injuries -
to State Police personnel or property, injuries to persons or property of persons in custody or
control of the State Police and injuries to persons or property of persons lawfully and/or properly
in or upon the demised premises occasioned by negligent acts or omissions of the State Police,
its agents, servants and employees.
11. The State Police itself, its legal representatives, successors and assigns, expressly
covenant that it shall not assign, mortgage or encumber this Agreement nor underlet or suffer or
permit the demised.premises to be used by others without the Town's prior written consent.
12. The Town shall have the option of inspecting the demised premises from time to
time as the Town may deem appropriate, at such times as shall be mutually agreed upon by the
Town and State Police. If the parties cannot successfully agree upon an inspection date within
thirty (30) days written notice by the Town that they wish to inspect the premises, the Town
shall, upon ten(10) days notice to the State Police, designate a time and date for an inspection.
13.
A. If the State Police defaults in pursuing any of the covenants of this Agreement or
if the demised premises becomes vacant, then the Town shall serve a thirty (30)
day written notice upon the State Police specifying the nature of the default.
Upon expiration of thirty (30) days, if the State Police fails to comply with or
remedy the default or the default cannot be completely remedied in the thirty (30)
day period, or if the State Police shall not diligently commence such remedy
T
within such thirty (30) day period and shall not thereafter with responsible
diligence and in good faith proceed to remedy or cure such default, the Town may
serve a thirty (30) day notice of cancellation of agreement. Within thirty (30)
days, this Agreement will therefore end and expire as fully and as completely as if
the expiration of such thirty (30) day period were the day definitely fixed as the
expiration date of this Agreement and the State Police shall then quit and
surrender the demised premises to the Town.
B. If the Notice provided for in paragraph 13(A) shall have been given and the term
shall expire, then the Town may re-enter the demised premises by force, summary
proceedings or' otherwise and dispossess the State Police. The legal
representatives of the State Police or occupants of the demised premises shall then
remove their effects and hold the premises as if this Agreement had not been
made. If the State Police shall default prior to the date fixed as the
commencement of any renewal or extension of this Agreement, the Town may
cancel and terminate such renewal or extension Agreement by written notice.
14. If the State Police shall default in the observance or performance of any term,
covenant or provision of this Agreement, except in an emergency, the Town, upon thirty (30)
days written notice to the State Police, may perform the State Police's obligation should the State
Police fail to remedy any default. In the event that the State Police defaults as a result of an
emergency situation, the Town may immediately and without notice, perform any obligation of
the State Police. In such case, if the Town makes any expenditures or incurs any financial
8
obligations, including but not limited to attorney fees, in instituting, prosecuting or defending
any action or proceeding, the State Police will reimburse the Town for necessary and reasonable
sums paid or obligations incurred, with interest and costs. The foregoing expenses incurred by
reason of the State Police default shall be paid by the State Police in accordance with usual State
practices and procedures.
15. It is agreed and understood by the parties that there shall be no routine washing of
State Police cars or other vehicles within the garage area of the building which would result in
water being sprayed either purposely or inadvertently on walls, ceilings and electrical fixtures
not designed and constructed as waterproof in accordance with the terms of this Agreement.
16. Neither the Town nor the Town's agents have made any representations or
promises with respect to the building's physical condition, the land upon which it is constructed,
the demised premises, expenses of operations or any other matter or thing affecting or relating to
the premises except as expressly set forth herein and no rights, easements or licenses shall be
acquired by the State Police by implication or otherwise except as expressly set forth in the
provisions of this Agreement. All understandings and agreements made between the parties are
merged in this Agreement, which alone fully and completely express the agreement between the
Town and State Police. Any executory agreement made hereafter shall be ineffective to change,
modify, discharge or affect an abandonment of it in whole or in part, unless such executory
agreement is in writing and signed by the party against whom enforcement of the change,
modification, discharge or abandonment is sought.
9
17. If the office building located on the premises should be totally destroyed by fire or
other cause, to such an extent that it cannot or is not rebuilt or repaired within thirty (30) days
after such destruction, then either party shall have the ability to terminate this Agreement by
written notice to the other sent after such thirty(30) day period. In such case, the Town shall not
be obligated to rebuild the office building,but shall have the discretion to do so. Furthermore,in
case of such destruction, the Town shall have no obligation to provide alternate facilities to the
State Police.
18. The covenants, conditions and agreements contained in this Agreement shall bind
and inure to the benefit of the Town,the State Police, their successors and assigns.
19. The standard clause for all New York State contracts, attached as Exhibit C as
Appendix A, is incorporated as if more fully set forth herein.
IN WITNESS WHEREOF, the Town and State Police have respectively signed and
sealed this Agreement as of the day and year first above written.
"• O AJTC; .,`,.
r:cY C;cN�;• L I
I TOWN OFQUEENSBURY
BY:
• . . :UPERVISOR
Attest:
kifk-V\a'kil)e ira
10
= F -
NEW YORK STATE POLICE
BY: �"(/G2yC� �(/nG��
Attest:
STATE OF NEW YORK)
ss.:
COUNTY OF WARREN)
On this 2nd day of May in the year 2000 before me, the undersigned, a notary public in and
for said state, personally appeared DENNIS BROWER, personally known to me or proved to me
on the basis of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity, and that by his
signature on the instrument, the individual or the person upon behalf of which the individual acted,
executed the instrument. //�� //��
-a _
itc _ob 0 .
Notary Pub £
PAMELA A.MARTIN
Notary Punk,State of New York
Warren County Reg.No.4946222
My Comm.Expires January 27 421
STATE OF NEW YORK)
•
ss.:
COUNTY OF WARREN)
On this_day of May in the year 2000 before me,the undersigned, a notary public in and
for said state, personally appeared , personally known to me or proved to me
on the basis of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity, and that by his
signature on the instrument, the individual or the person upon behalf of which the individual acted,
executed the instrument.
Notary Public
•
11
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pp111244; '64,
4
.-,'i...i ::. ' -'.:::i.i. -f;.-.-.1.-..rtsc-iiir.i..1-Lb Pr •-.:e.-- .. .. - - .. -•---1 :•--/ ‘. i k. ) 't ‘. ./
•
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1i. r,
EX4it atr A - •
:.1'-! - - - - --- -- --- -
•
•
MEMORANDUM OF UNDERSTANDING
3u3SECT: An agreement to protect and enhance endangered species
habitat in the Town of Queensbury. -
PARTIES: Town of Queensbury (Town) , Bits uepartment or Environmental
--- Conservation•e Bureau of wildlife (NYSlitC) . -
•
The purpose of the agreement is to protect and enhance a
significant habitat for the Kamer Blue Butterfly, an endangered
'aped-d-s- 'son' rolirrty=uwin a 'by_the=Town_-of"-Queensbury=Me.=,
located on the meth side of Aviation Read and lies between Prospect ' -
^ and Midnight Drives. Currently undeveloped, the Town has resolved
to construct a NY State Police Office (NYSPO) on the site. The
-attached-. plan . (Exnibit . 1) will serve to identify the location. or - -
-- • the proposed -sLuctun.- i4YS20, - as used in this agreement,-. Shall re£ar to all .sCcuctures,- including building, parxing lots, sidevalki;=
septic leach field, fuel storage, communications system, and_-any_: .-
__ ---
-other- constructed uninstalled facility shown on EXhibit 1.
The Town and NYSDEC agree to conserve and protect habitat .for - - -
tha Korner Blue Butterfly at the property owned by the Town cn Aviation -- -
"_ Road. - •
-
-
A. The Town and/or the contractor, in cooperation with -- --:-
the NYSDEC, shall delineate an area that shall not -
be impacted by construction, storage of materials or . -_- --. -.
equipment. The area may be delineated by a temporary
fence lying outside the construction zone South and
west of the NYSPO. The area shall be delineated prior -
to the initiation of ground breaking. The area
delineated shall not include any area shown on Exhibit •
1 as designated for the placement or any component
of NYSPO. The area delineated shall not prevent the
Town and/or conL_actur from being able to effectively
and economically work on the site, store materials
on the site and construct the various components of
NYSPO.
D. The woody I:Lnuwed vegetation shall be cut in the
locations shown as Area A on Exhibit Z. Woody vegetation
includar any shrubs, brush, saplings and trees only
in the designated locations and shall include but not
limited Lu sweet fern, pine, aha ashen. This does
not include the mature stand of pine along the roadside.
The woody vegatacion is to be cut and removed from
the property for Lite purpose of encouraging an expansion
of suitable blue lupine. encroachment of woody
vegetation is detrimental to the .weifare of the-
endangered Korner slue Butterfly. This. worX shall.
occur between the months of August and April.
C. (1) . The Town or agency assigned by the Town to maintain
the grounds shall mow the meadow as shown on Exhibit •
2. The area where woody vegetation has been. Cut shall
be part of the area to be mowed. Annual mowing shall
occur LCLwesuu September LS and November 1. The Impactr
1r any, of annual mowing on the perpetuation of wild
blue lupine shall be evaluated in three years with •
the assistance as required oC NYSDEC.
(2). It is agreed and understood by the Town End NYDEC
-- ' - that any and all acus.s VC the property not designated
as Arca A may he used for such recreational purposes
as the Town may deem appropriate.
-- - - - D. Fire may not be used as a managc'wu..t tool.
-_ E. The- trail proposed across the site as shown on bcnibit
---'_-- "-" 1 shall be located where it will not disturb known
wild blue lupine and the other native wild flowers.
The trail shall be limited in width to four feet and
trails stuuuning 'or eminating therefrom may be constructed
uc established by the Town. These extensions of the
--_ -- -- ---- main 'trail shall likewise not exceed a width of four
feet.
F. Flower beds proposed by the Town shall be located north
- and/or east of the NYSPO facility unless otherwise
_ agreed to between the Parties. The site of disturbance
above Lhc septic leach field shall be rehabilitate&
by planting a mixture of native blue lupine -and wilt
flowers.
G. Snow removed from parking lots - will likely contain
concentrations of sodium that is detrimental to the
conLi..ued survival of the vegetation association that
.s to be protected by this agreement. Snow, thererore,
shall not be accumulated or stored on lands south of
- the southerly most puLLLuu of the HYSPO unless otherwise
agreed to between the parties.
-- This agreement is intended to protect and enhance the habitat
for the endanyeced Earner Slue Butterly an Town Owned property south
or tilts Aviation noad. -
2
The undersignec concur with the intent oC this :Uq:ewutnt, aua
the Town snail accept. responsibility for the maintenance requiral
CEPS net. l:acth in this agreement..
Agreement bated:
•
TOWN or QUNtr SbUkY -
Ey:
Seelt en BUtyur, TWu Suwetvis01
•
NYSDEC
tsy
Terry E. Henley
3
• APPENDIX A -
STANDARD CLAUSES FOR ALL NEW
YORK STATE CONTRACTS .
•
The paries to the attached contract, license, lease, amendment or other
agre rent of any kind (hereinafter, "the cot Lact" or "thtis contract") agree to be
bund 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, licensor, 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 Cont-actor or to
anyone el Ge beyond funds appropriated ated and available for this contract.
2. NLN-ASSIQIlffNT 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 previous consent, in writing, of the State and any.
attempts to assign the contact without the State's written consent are milt and
void. The Contractor may, however, assign its right to receive payment without
the State's prior written consent unless this contract. canoe= Certificates of
Participation.pursuant to Article 5-A of the State Finance Lan.
3. C•• rr'PD fl'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 353 or Section 6218 of the Education Law) , if this contract
exceeds $5,000 ($20,000 for certain S.U.N.Y. and C.U.N.Y. contracts) , or if this
is an ar "dment for arty amount to a contract which, es so amended, excmcris said
sanatory amount, or if, by this contract, the State agrees to give something
other than money, it she not be valid, effective or binding upon the State until
it has been approved by the State Comptrol1er and filed in his office.
4. WORKa4S r CCMPENTSATICN BE aPITS. In accordance with Section 142 of the
State Finance Law, this contact snail be void and of no force and effect nnl ass -
t.e 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
pro-visions of the Workers' Compensation Law.
5. NGT-J15 AT_ICN RECUrETTS. in accordance with Article 15 of the
Executive Lar (also known as the Hunan Rights Law) and all other State and Federal .
statutory and constitutional non-discrimination provisions, the Cont-ac= will
not t i sc-i mi nate against any erpleyee or ant for employment because of race,
creed, color, sex, national origin, age, ai sanility or marital statns.-
Fur`he=tore, in accordance with Section 220-e of the Labor Law, if this is a
contract for the constriction, alteration or repair of any public building or
public work or for the manufacture, sate or distribution of materials, ecuTptent
or suppl•eG, and to the extent that this czaiLract shall be performed within the
State of New York, Contractor agrees that neither it nor its subcontractors Gha11 ,
by reason of race, creed, color, disability, sex or nat4r'tm l origin: (a) j ---
disciminate in hiring against any New York State citizen who is palified and.
available to pe_r_oam the work; or (b) discriminate against or intimidate any ..
employee hired for the perfonmxnce of work under rhi G L,AILract. If this is.a .
onilding service contract as defined in Section 230 of the rahrr Law, then, in
accordance with Section 239 thereof, Contractor agrees that neither it nor its .
:xNi grr
-2.
subcontractors shall, by reason of race, crea, 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. ¶'WGE AND HOURS PRCNISICNS. 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 hairs or days stated
in said statutes, except as otherwise provided in the rahnr Law and as set forth
in prevailing wage and supplement schedules issued by the State 7atr,r Department.
Furthermore, Contractor and its subcontractors must pay at least the prevailing
wage rate and. pay or provide the prevailing svpplements, Irrludi g the prtimm
rates for overtime pay, as determined by the State Labor D artment in accordance
with the Labor Law.
7. NON-COLLUSIVE BIDDING Rea"7r. In accordance with Section 139-d of
the State Finance_ Law, if this contract was awarded based man the submission of
bids, Cont-ractor warrants, under penalty of perjury, that its bid was arrived at
indenCently and without collusion aim at restricting caretition. Contractor
further warrants that, at the time Contractor submitted its bid, an authorized and
• responsible person executed and delivered to the State a non-collusive bidding
certification on Contactor's behalf.
8. 1 TT-C NAL. BOYCOTT PROHIBITION. In accordance with Sec'ion 220-1 of
the Labor Law and Section 139-h of the State Finance Law, if '-his contact exr°a'q
$5,000, the Contractor agrees, as a material condition of the contract, that
reicher the Contactor nor any substantially owned or affiated person, firm,
partnership or corporation has participated, is participating, or shall
participate in an international boycott in violation of the federal Deport
Pani.tsration Act of 1979 (50 USC Ann. Sections 2401 et sec.) or regulations
thereunder• Tf such Contractor, or any of the aforesaid affi hates of Contactor,
or,
is convicted or is otherwise found to have violated said laws or regulations upon
the final determination of the United States Ccnmesco Department or any other
appropriate agency of the United States s bsecuent to the contract' s execution,
such contract, amendment or ardification thereto shall be rendered forfeit and
void. The Contractor 'shall so notify the State Camtroller within five (5)
business days of such conviction, determination or disposition of appeal (2 NYC.ER
105.4)
9. SET-Cr RIGHTS. The State shall have all of its cam= law and
state ry rights of set-off. These rights shall include, but rot be limited to,
the State's option to withhold for the purposes of set-off any mbneys due to the
Contractor under this contract up to any amounts due and owing to the State with
regard to this contract, any other contact wit's any State department or agency,
including any contract fora tet commencing prior to the term of this contract, -
rnason including,
plus any =aunts due and owing to the State for any other
without limitation, tax del ;m„encies, fee del i r.cuenci es or monetary penalties
relative thereto. .
10. RECORD--i L^IG REQUZREME 1T. The Contactor shall establish and mai ntai n
complete and accurate books, records, docrrents, accounts and other evidence
di 1ec'y pertinent to performance under this contract for. a period of site (6)
- - - -
_tzLzi!Ce1W :1
!ears finer payment or the termination of thistragtf'wIiirheverLi.
Comptroller Ater, and any extensions thereto; The State a ��nerd1 or
my other person or entity authorized to conduct an examination, is-the
tgency
stheigency or agencies involved in this :tract, chat I have amass to such books,
records, documents, accounts and other evidential material daring the cnntract
:erm, extensions thereof and said. six (6) year Farirri thereafter for the put:Eases
7f inspection, ,a„rri ting and copying. "Termination of this contract", as used in
this ria„v 10, shall mean the later of emaciation of the work of the contract or
the end date of the term stated in the contract_
•
11. CQ4FZICTING TERMS. In the event of a conflict between the terms of the
Contract (including any and all attachments thereto and amendments thereof) and
the teras of this Appendi* A, the terms of this Appendix A chart amr{ho1_
12. GOVERNING LAW. This contract ahem be governed by the laws of the State
of New York except where the Federal supremacy rinne.a requires otherwise..
13. LATE PAYMENT. Timeliness of payment and any inteTest to he ria-
Contractor far late payment shall be governed by Article f A of the State Finance
law to the extent required by law.
14. NO ARBITRATION AND SERVICE OF PRCCESS. 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. Contractor
hereby consents to service of process upon it by registered or certified err mail, •
return receipt requested. .
July 1488