HomeMy WebLinkAboutSuffolk Urban County Coop Agreement >� RECEIVED
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AUG 1 7 2020
^3 r Southold-Town Clerk
Office of the Town Attorney
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: August 17, 2020
Subject: Suffolk Urban County Cooperation Amendment to
Agreement between County of Suffolk- Office of
Community Development and the Town of Southold
With respect to the above-referenced matter, I am enclosing the original
Agreement.
If you have any questions regarding the enclosed, please do not hesitate to call
me. Thank you.
/ms
Enclosures
Law No. 19-ED-057C IFMS No.
Urban CourAy Amendment
SUFFOLK
URBAN COUNTY COOPERATION
THIRD AMENDMENT OF AGREEMENT'
This Third Amendment of Agreement,is between the County of Suffolk("County"), a municipal corporation
of the State of New York, acting through its duly constituted Office of Community Development, ("Department"),
located at 100 Veterans Memorial Highway,P.O.Box 6100,Hauppauge,N.Y. 11788, and the Town of Southold
("Municipality"), a municipal corporation duly organized-and existing under the laws of the State of New York, located
at 53095 Main Road,P.O.Box 1179, Southold,NY 11971.
The County is currently qualified as an Urban County by the U.S.Department of Housing and Urban
Development(hereinafter referred to as "HUD");the parties hereto desire to cooperate to undertake, or assist in
undertaking, community renewal and lower-income housing assistance activities.
r
The parties hereto desire to amend the Original Agreement, last dated July 14, 1999, ("Agreement")to amend the
consortium membership and to clarify contract provisions in compliance with current HUD requirements.
Term of Agreement: As provided in paragraph 9 of Article I of the original 1999 Suffolk Urban County
Cooperation Agreement.
Terms and Conditions: Shall be as set forth in the original Agreement and this Third Amendment of the
Agreement.
In Witness Whereof,the parties hereto have executed this Third Amendm -of A ent as of the latest date written
TOWN OF SOU OLD CO TY OF OF OLK
By: ee .oe Al By:
All-
ScAt A.Russell Lisa ack
Fed.Tax ID#11-6001939 Chief Deputy County Executive
Date: rQ [J-0 No
Date:
Scott A.Russell,hereby certifies under penalties of perjury that I am
an officer of Town of Southold, that I have read and I am familiar
Approved:
with §A5-8 of Article V of the Suffolk County Code, and that the
municipality meets all requirements to qualify for exemption Office of Co ity Developm
thereun
By:
Date f0 ( Q/ate ecca Sinclair
Sc t A.Russell,Supervisor eputy Commissioner
Date: ow
Approved as to Form:
Suffolk County Attorne>
By:
• i�sn�G y J'4y ,otP- BAR CODE#0060378
Assistant Count Att ey
Date:
T
Pagel of 3
Law No.19-ED-057C IFMS No.
Urban County Amendment
Third Amendment
WHEREAS, the County applied to HUD for designation as an Urban County in 1999 in accordance with
24 CFR 570.307(a) of the Community Development Block Grant ("CDBG") regulations under Title I of the
Housing and Community Development Act of 1974, as amended, Public Law 93-383 ("Acts"); and
WHEREAS, HUD approved the County's application for said designation and Suffolk County became a
qualified Urban County and received an Entitlement Grant for Fiscal Years 2000, 2001 and 2002; and
WHEREAS, Suffolk County has successfully requalified as an Urban County for every three-year
qualification period thereafter; and
WHEREAS, Suffolk County,pursuant to New York General Municipal Law §503(a), as well as the
authority given to the Suffolk County Executive by resolution of the Suffolk County Legislature, entered into a
cooperative agreement("Agreement") for the purpose of establishing a Suffolk Urban County Consortium
("Consortium") to undertake essential community development,housing assistance and HOME Investment
Partnerships Program("HOME") activities authorized under the Acts; and
WHEREAS,pursuant to paragraph 9 of the original Agreement,the Agreement automatically renews
for participation in CDBG programs in successive three-year qualification periods; and
WHEREAS,pursuant to paragraph 9 of the original Agreement,the County and Municipality agree to
adopt any amendment to the Agreement necessary to meet HUD's current requirements for cooperation
agreements and any amendment to the Agreement that is mutually beneficial to the County and Municipality,
and
WHEREAS, the original Agreement was amended in 2014 to add provisions necessary to meet HUD's
requirements for cooperation agreements; and
WHEREAS, the original Agreement was amended again in 2017 (hereinafter referred to as "the 2017
Amendment") to add provisions necessary to meet HUD's requirements; and
WHEREAS, since the 2017 Amendment the membership of the Consortium has changed; and
WHEREAS,the Town of Brookhaven and its villages, including the Village of Bellport,the Village of
Lake Grove, the Village of Patchogue, the Village of Port Jefferson and the Village of Shoreham,have left the
Consortium; and
WHEREAS, the Village of Greenport has joined the Consortium; and
WHEREAS, the County and the Municipality seek to amend the agreement to reflect the current
membership of the Consortium and to meet HUD's current requirements for cooperation agreements.
NOW THEREFORE,the parties hereto agree as follows:
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Law No.19-ED-057C IFMS No.
Urban County Amendment
1. Term of Agreement
As provided in paragraph 9 of Article I of the original 1999 Suffolk Urban County Cooperation
Agreement and shall automatically renew for participation in successive three-year qualification periods
as provided for in Paragraph 9 of the original Agreement,unless sooner terminated as provided for
therein.
2. Definitions
a. Suffolk County Consortium—a consortium comprised of the County of Suffolk, the Towns of East
Hampton,Riverhead, Shelter Island, Smithtown, Southampton, and Southold and the Villages of
Greenport, Sag Harbor, Southampton, The Branch, Westhampton Beach, and Westhampton Dunes
and Town of Huntington(HOME only).
3. Additional Terms
The Parties agree to the following amended provisions in compliance with current HUD requirements:
The agreement covers the CDBG Entitlement program and the HOME Investment
Partnership ("HOME Program).
The cooperating MUNICIPALITY may receive a formula allocation under the ESG
Program only through the Suffolk Urban County Consortium. This does not preclude the
Cooperating MUNICIPALITY participating with the urban county from applying to the
State for ESG funds.
The cooperating MUNICIPALITY may not sell,trade, or otherwise transfer all or any
portion of such funds to another such metropolitan city,urban county,unit of general
local government, or Indian tribe, or insular area that directly or indirectly receives
CDBG funds in exchange for any other funds, credits or non-Federal considerations,but
must use such funds for activities eligible under Title I of the Housing and Community
Development Act of 1974, as amended.
4. Agreement Continues,As Amended
Except as herein amended, all other representations, terms and conditions of said original Agreement,
including any and all amendments or budget modifications executed prior to the date hereof, are hereby
ratified and confirmed to be in full force and effect.
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