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Home My WebLink AboutClean Vessel Assistance Program E YORK ANDREW M. CUOMO STATE OF �r Governor OPPORTUNITY. Facilities Corporation VVSE August 14,2019 upmaso' 1: lcr -(OWN 01'SOU7p„i0L0 v The Honorable Scott A. Russell Supervisor Town of Southold 53095 Main Road PO Box 1179 Southold,NY 11971 RE: Executed Annual Agreement for Clean Vessel Assistance Operation&Maintenance Grant Program 2019 Dear Supervisor Russell: Please find enclosed a fully executed Annual Agreement for the Clean Vessel Assistance Program (CVAP). Through the Operation and Maintenance Grant Program(O&M),the New York State Environmental Facilities Corporation(EFC)is committed to providing recipients of CVAP grants with additional funding to assist in the annual costs of upkeep of the pumpout and/or dump station facility. Thank you for your participation in EFC's Clean Vessel Assistance Program. If you would like further assistance,please call 518.486.9267. A CVAP Representative can also be reached at '"'SAP die `c.ny. ov. Since ly, Maureen L. McGrath Deputy Director of Corporate Operations MLM/BBS Enclosure 625 Broadway,Albany,NY 12207-2997 1518.402.6924 1 www.efc.ny.gov CLEAN VESSEL ASSISTANCE PROGRAM ANNUA.1', OPERATION&MAINTENANCE AGREEMENT TOWN OF sounIOLD ,,. ndFACILITEUK'S CORPORATION 2019 This Annual Operation and Maintenance Grant Agreement (hereinafter referred to as the "Agreement"), by and betweenthe New York State Environmental Facilities Corporation, a New York State public benefit corporation (hereinafter referred to as the "Corporation"), with offices located at 625 Broadway, Albany, New York, 12207-2997, and the Recipient identified on the cover page hereof,with offices located at 53095 Main Road(Route 25),P.O.Box1179,Southhold, NY 11971. e Corporation is the agency of the State of New York which is the recipient of federal grant funds provided under the Clean Vessel Act Grant Pro (hereinafter referred to as the"CVA"), such program being authorized pursuant to the Clean Vessel Act of 1992 and e regulations promulgated ere der for the purpose of providing federal grant funds to states for the construction,renovation,operation and maintenance of pumpout and dump stations to improve water quality; surveying existing purnpout and dump stations; and implementingeducation programs to increase public awareness of the use and availability of purnpout and dump stations to receive sewage waste from e recreational vessels; and e New York State Department of Environmental Conservation ("DEC") is an executive department of the State of New York with jurisdiction over the environmental policy, law and regulations of this State, pursuant to, among other things, Environmental Conservation Law("ECL") Section 3-0301; and pursuant to Section 1285(5) of the. Public Authorities Law, the Corporation is empowered to provide certain assistance to municipalities,persons and state agencies, including, among other things, advice on matters relating to the identification, collection, handling, separation and disposalof waste,and on matters relating to the prevention and control of air emissions and water discharges subject to regulation s t to the ECL; and e Recipient has submitted a Clean Vessel Assistance Program ("Program" or"CVAP")Letter of Intent(the"LOP')to the Corporation seeking financial assistance for reimbursement of costs incurred y Recipient for the operation and maintenance("O&M")of the project(s)listed in the I; THEREFORE, in consideration of the promises and assurances in this Agreement,the Corporation and the Recipient agree as follows: 1. The Recipient previously submitted the L I to the Corporation for grant assistance der the Program, for costs associated with the O&M of the project(s) as described in the LI. 2. The representations set forth in the L I are true and correct as of the date hereof, and Recipient has complied with, performed and will continue to comply with and perform all of the covenants and promises therein. 3. There have been no material changes in the information concerning the project(s) since submission of the LOL . No litigation of any nature is now pending or threatened, to restrain or enjoin, or i y manner question or affect, directly or indirectlyRecipient's ability or authority to carry out all responsibilities or receive reimbursement under this Agreement. 5. The Recipient is not the subject of any pending, threatened or existing action, whether under any bankruptcy,reorganization or insolvency law or any other proceeding,nor any discharged or unpaid judgment, lien or claim, nor in default under any loan or mortgage agreement, nor delinquent on the payment of any federal, state, or local tax, or sales or compensating use tax,which has not been previously disclosed to the Corporation. The Recipient agrees to immediately notify the Corporation in writingof any change in the above circumstances. . The project(s)is and will remain accessible to all recreational marine vessels during normal operating hours. If the proj ect(s)is not operational for any reason,the Recipient will notify the Corporation within 45 days. 7. Reimbursement for O&M costs shall be paid by the Corporation in reliance upon the representations and certifications set forth in this Agreement and the Request for Reimbursement Form, which shall be used by Recipient to request reimbursement under the Agreement. 8. The not to exceed grant amount is the lesser of$5,000 or 7 % of the total costs for the annual funding period for pumpout boats and $2,000 for all otherpumpout/durnp stations. Reimbursement under this Agreement will be based on documentedcosts incurred for the project(s) during the annual funding period. . The Corporation and the Recipient acknowledge that grant awards are limited to the amount of available funding for the Program, and that the amount actually received may be less than the maximurn eligible amount. 10. O&M costs for which reimbursement is requested herein are reasonable,necessary, and allocable to the project(s) funded by the Agreement. 11. Federal fimding received under this Agreement or from any other federal source,is. limited to 75% of the total O&M costs for the annual funding period. There is a 25% match required from the Recipient, from state, local or other non-federal sources, which amount and sources will be reflected on the Request for Reimbursement Form submitted to the Corporation. 12. a. Any expenditure which will be reimbursed by any other municipal, state or federal sources shall not be eligible for reimbursement under this Agreement. b. Recipient will not seek or accept reimbursement from any other municipal, state or federal sources for any expenditures previously reimbursed, or to be reimbursed, under this Agreement. c. If the Recipient has or will receive funding from any other municipal, state or federal sources for costs reimbursed under this Agreement, Recipient will repay to the Corporation all such funding to the full extent of any such reimbursement. d. The Recipient shall not, under any circumstances, be entitled to receive state, federal orother governmental assistance in excess of 100% of the costs of the operation and maintenance of the facility. 13. The making of any reimbursement request under this Agreement as reflected on the Request for Reimbursement Form has been duly authorized by the Recipient, and no change in circumstances has occurred, or will occur upon the making of the reimbursement payment herein requested,which would constitute a default or breach of the Agreement. 14. The project(s), including O&M thereof, is in compliance with state and federal regulations and Program guidelines. 15. The Recipient has obtained all licenses, permits orother approvals required as of the date hereof to undertake the O&M, including,but not limited to,any and all DEC approvals or permits. 16. If the project(s) is conveyed or transferred to a third party, the Agreement shall be incorporated in the sales contract, and the Recipient and purchaser, with the consent of the Corporation, shall execute an assignment and assumption agreement of the terms and conditions set forth in the Agreement. 17. Recipient acknowledges that continuation of the Program is dependent upon the availability of CVA ftmding from the United States Fish and Wildlife Service, and to the extent that funds are not available, the Corporation shall not be obligated to release funds under the Agreement. RECIPIEN7.1' /00001 BY: Scot, A. 1 . :s'01 Supervisor illate: NEW YORK STATE EMIRONMENTAL int"""iCit [ lll:"Ji b ina , T ! r Pre itl nt hal CE() .�� ..e Date: � �' STATE OF NEW YORK ss.: COUNTY OF On this day of , 2019, before me personally canie to Me known,who,being by me duly sworn,did depose and say that, is 1he,individual described in and which executed the foregoing instrument, and duly acluiowledged to me that Jul,— signed. the same. At?" Not Public LAUREN M.STANDISH Rotary Pubfic-State of NewVcdA No.oro ST6164008 Qualffied in SuffolkCoto,% Ex emmission paras '2's