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HomeMy WebLinkAboutSuff Co/Comm Dev Block Pro SOUTHOLD TOWN BOARD PUBLIC HEARING August 14,2007 5:00 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN the Town Board of the Town of Southold is proposing amendments to the Community Development Block Grant 2003 and the 2005 Community Development Block Grant Program Budget, as follows to wit: Proiect Cutchogue Drainage Project FY 2003 Current Budl!et $5,000 Increase -0- Decrease $5,000 New Budl!et -0- Home Improvement Project FY 2005 -0- $5,000 -0- $5,000 RESOLVED that the Town Board of the Town of South old hereby sets 5:00 PM Tuesday, August 14,2007, Southold Town Hall, 53095 Main Road, Southold, New York 11971, as the time and place for a Public Hearing to hear citizens on the aforesaid proposed amendments. Interested citizens should attend this meeting to comment on the proposed changes. Written comments should be addressed to Elizabeth A. Neville, Southold Town Clerk, Southold Town Hall, PO Box 1179, Southold, New York 11971 This has appeared as a legal in the newspaper, it has also appeared on the Town Clerk's bulletin board outside. And these are the only communications in the file. SUPERVISOR RUSSELL: Amending the Community Block Grants. This is the hot button issue you are all waiting for, I am sure. Would anybody like to come up and address the Board on this issue? (No response) Can I get a motion to close? * * * * * ~.~ Elizabeth A. Neville Southold Town Clerk ~ t #8471 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 2nd day of Auqust. 2007. ~ ~lill O1~Q Principal Clerk Sworn to before me this 2007 (J day of OJ) ?),/'h LEGAL NOTICE ~H-" NOTICE IS HEREBY GIVEN the Town Board of the Town of Southold is proposing amendments to the Com- munity Development Block Grant 2003 and the 2005 Community Development Block Grant Program Budget, as follows to wit: ~ Cut~hogue Drainage Project FY 2003 Cunen' Bud@et: $5,000 Increase: .0- Decrease: $5,000 I'lew 8udsret: -0- ~.Home Improvement Project FY 2005 CUiTeD. Budget: -0- Increase: $5,000 Decrease: -0- New Kudeet: $5,000 RESOLVED that the Town Board of the Town of SOuthold hereby sets 5:00 PM Thesday, August 14,2007, Southold Town Hall, 53Q95 Main Road, Southold, New York 11971; as the time and place for a Public Hearing to hear citizens on the aforesaid proposed amendments. Interested citizens should attend this meeting to comment on the proposed changes. Written comments should be addressed to ElizabethANeville,South- old Town Clerk, Southold Town Hall, PO Box 1179,Soulhold, New York.ll971. . BY ORl)ER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF SOUTHOLD ELIZABEtH A. NEVILLE SOUTHOLDTOWNCLERK July 17, 2807 8471-1T 812 (jy1ro11;[L(jJeu)tCr CHRISTINA YOLlNSKI NOTARY PUBLIC-STATE OF NEW YORK No.Ol-Y06105050 Qualified In Suffolk County Commission Expires February 28. 2008 . . LEGAL NOTICE Public Hearing NOTICE IS HEREBY GIVEN the Town Board of the Town of Southold is proposing amendments to the Community Development Block Grant 2003 and the 2005 Community Development Block Grant Program Budget, as follows to wit: Current New Proiect Cutchogue Drainage Project FY 2003 Budl!:et $5,000 Increase Decrease Budl!:et -0- -0- $5,000 Home Improvement Project FY 2005 -0- $5,000 -0- $5,000 RESOLVED that the Town Board of the Town of Southold hereby sets 5:00 PM Tuesday, August 14,2007, Southold Town Hall, 53095 Main Road, Southold, New York 11971, as the time and place for a Public Hearing to hear citizens on the aforesaid proposed amendments. Interested citizens should attend this meeting to comment on the proposed changes. Written comments should be addressed to Elizabeth A. Neville, Southold Town Clerk, Southold Town Hall, PO Box 1179, Southold, New York 11971 BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF SOUTHOLD, July 17,2007. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON August 14, 2007, AND FORWARD TWO (2) AFFIDAVIT OF PUBLICATIONS TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times James McMahon Town Board Members Comptroller Town Attorney Town Clerk's Bulletin Board . . . . STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk oftRe Town of South old, New York being duly sworn, says that on the ~ day of \\ ,2007, she affixed a notice of which the annexed printed notice is a manner, in a most public place in the Town of South old, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. PH Community Development budget mod. 8/14/07 5:00 pm DiA/7A'O Y!uaU izabeth A. Neville Southold Town Clerk LYNDA M. BOHN NOTARY PUBLIC, State of NewYorfc No. 01806020932 Qualified in Suffolk County Term Expires March 8, 20.ll.. Southold Town Board - Llr B! Meeting of July 17,2007 RESOLUTION 2007-611 Item # 5 ADOPTED DOC ID: 3034 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-611 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 17,2007: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth A. Neville to publish a Notice of Public Hearinl! Notice on proposed amendments to the 2003 & 2005 Community Development Block l!rant Prol!ram Budl!ets, as follows to wit: Current Proiect Cutchogue Drainage Project FY 2003 Budl!et $5,000 Increase Decrease New Budl!et -0- -0- $5,000 Home Improvement Project FY 2005 -0- $5,000 -0- $5,000 NOTICE IS FURTHER GIVEN that the Southold Town Board will consider the aforesaid proposed amendments at their Regular Meeting, on August 14,2007, at 5:00PM, at the Southold Town Hall, 53095 Main Road, Southold, New York. Interested citizens should attend this meeting to comment on the proposed changes. Written comments should be addressed to Elizabeth A. Neville, Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971 atU:fCt.r;-:tL Elizabeth A. Neville Generated July 18, 2007 Page 16 Southold Town Board - L.r Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: William P. Edwards, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Generated July 18,2007 .d Meeting of July 17,2007 Page 17 JOSEPH T. SANS£VERINO COMMUNITy DEVELOPMENT DIRECTOR COUNTY OF SUFFOLK ROBERT J. GAFFNE¥ SUFFOLK COUNTY EXECUTIVE RECEIVED OFFICE OF COMMUNITY DEVELOPMENT June 18, 2003 $outhold Town James McMahon, Director Town of Southold Community Development Office Town Hall - P.O. Box 1179 Southold, NY 11971 Dear Jim: Enclosed for your records is a fully executed 2003 Community Development Agreement between Suffolk Cou.nty and your municipality. Please note that attached to your agreement is a letter explaining the audit requirements for this federal grant. Should you have any questions regarding the agreement or audit requirements, please feel free to call me. We look forward to working with you in the implementation ora successful Community Development program. Sincerely, Joseph T. sanseverino Community Development Director Suffolk County JTS:rf Enclosure LOCATION H. LEE DENNISON BLDC~, f 1TH FLOOR 100 VETERANS MEMORIAL HIC~HWAY MAILING ADDRESS P.O. BOX S 100 HAUPPAUGE, NY 11788-0099 (63 ! ) 853 - 5705 TELECOPIER (63 ! ) 853 - 5688 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 5, 2003 Joseph T. Sanseverino Community Development Director County of Suffolk Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Sanseverino: In accordance with your letter of April 9th, please find four (4) copies of the fiscal year 2003 Community Development Block Grant Agreements between the County of Suffolk and the Town of Southold which have been signed by the Supervisor o£the Town of Southold. I shall aWait receiving a fully executed copy of this agreement for my files. Thank you. Very truly yours, Southold Town Clerk cc: Community Development Director, J. McMahon JOSEPH T~ SANSEVERINO COMMUNITY DEVELOPMENT DIRECTOR COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE OFFICE OF COMMUNITY DEVEL. OpMEN'i~' April 9, 2003 RECEIVED James McMahon, Director Town of Southold Community Development Office Town Hall - P.O. Box 1179 Southold, NY 11971 APR 15 2003 Southold Town Clerk Dear Jim: Enclosed please find four (4) cop:es of the fiscal ye~ 2003 Community Development Block Grant Ageements be~een your m~icipality and Suffo~ County. Please have each of the ageements si~ed by the appropriate person, ~d ret~ all four si~ed copies of the a~eement to the County Community Development Office for processing. Should you have any questions, please do not hesitate to contact me at 853-5705. I look forward to working with you on the successful implementation of your CDBG projects. Sincerely, ~nseverino Community Development Director Suffolk County, JTS:rf Enclosure LOCATION H. LEE DENNISON BLDG., 1 1TH FLOOR 100 VETERANS MEMORIAL HIGHWAY MAILING ADDRESS P.O. BOX 61 O0 HAUPPAUGE, NY 11788-0099 (63 ! ) 85315705 TELECOPIER (531 ) 853 - 5688 ELIZABETH A. N~VILLE TOV~N CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICF. R RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 247 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 22, 2003: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute an Agreement between the Town of Southold and the County of Suffolk for the 2003 Community Development Block Grant Program, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk raw 29 -- £ 8 - oo ko 2003 Community Development Block Grant Agreement AGREEMENT This Agreement, is between the through its duly constituted Office of Communi~ Development, located at 100 Veterans Memorial Highway, P.O. Box 6100, Hauppauge, N.Y. 11788, and the Town of Southold, (Municipality), a municipal corporation under the laws of the State of New York, located at To,wa Hail, P~O. Box 1179, 53095 Main Road, Southold, N.Y. 11971. The Municipality above named has heretofore expressed its des/re to undertake or assist in underta!dng essentiaI commmfity development and housing assistance activities as set forth in the Housing and Community.Development Act of 1974, as amended (hereinafter referred to as "the Act"); and The County has receiVed and accepted a grant from the U.S. Deparlment of Housing and Urban Development (hereinafter referred to as "HUD") for the purposes of the Act pursuant to Resolution No~y~of 2003; and the parties des/re to undertake various eligible activities nnder the Act; and The parties heretofore have entered into a cooperative agreement for said purposes. Term of Agreement: As provided ha paragraph 48 of Exhibit A. Total Cost of Agreement: $155,400.00 Terms and Conditions: Shall be Set forth in Exhfbits A through C and Exhibit entitled "Suffolk County Legislative Requirements Exhibits for Contracts" revised 2/25/03. In Witness Whereof, the parties hereto have executed this Agreement as of the latest date written above. Town of SoUthold Hon. Town SqlServisor Federal Taxpayer I,D. No.. Approved as to Form, Not Reviewed as to Execution: Count~j Eric A. Kopp Chief Deputy Count~g~ecufive Approved: Office of Community Development / Zseph T- S~ns;verin~ ? D/reotor / / Oate Page 1 ! EXHIBIT A: General Terms anJl Conditions ................................................................................................. 3 Paragraph 1 - Propose ....... ~ .................................................................................................................... 3 Paragraph 2 - Grant Administration ........................................................................................................ 3 Paragraph 3 - Funding ............................................................................................................................ 3 Paragraph 4 Payments and Compensation ............................................................................................ 4 Paragraph 5 - Perfo~ance ..................................................................................................................... Paragraph 7 - Citizen Participation ....................... , ................................................................................. 6 Paragraph 8 - Flood Disaster Protection ................................................................................................. 6 P~agraph 9 - Equal Emplo~ent Oppor~iV and Afg~afive Action ................................ · ................. 7 P~a~aph 10- Non-Discri~nation Under Title VI of the Civil Rights Act of I954 and Title VII of the Civil ~ghts of I968 ........................................................................................................ I0 P~agraph I 1- Lead Based Paint H~ard ................................................................................................ t 1 Paragraph 12 - Fire Prevention Act ........................................................................................................ 1 Paragraph 13 - Federal Labor Standards Provisiom ............................................................................... 12 Paragraph 14 - Compliance Mth Air and Water Acts ............................................................................. I2 Paragraph I5 - Reloca~on Assistance and Acquisition of Real PropmW ...............................................13 P~a~aph 16 - Consolidated P/an ............................................................................................ 2 ............. 14 Paragraph 17 - Displacement .................................................................................................................. Paragraph 18 - Obligations of Municipali~ and Third Par~ Relationships ...........................................14 Paragraph 19 -Co~ict of Interest ......................................................................................................... 16 Paragraph 20 - Books and Records of Acconnfing ................................................................................. I7 Para,apb 21 - Pro,am Income ............................................................................................................ 18 Paragraph 22 - Rea! Prope~ ................................................................................................................. 18 Paragraph 23 - Reversion of Assets ........................................................................................................ 19 Para,apb 24 - Equipment- VestNg:of Title .................... i .................................................................... 19 Para,apb 25 - FN~ciat Statements and Audit Requirements ............................................................... 19 Paragraph 26 - Use of FederaI Funds Gr Lobbyin~ ............................................................................... 21 Para,apb 27 - Political Activities ......................................................................................................... 22 Para,apb 28 - Cons~mfional Prohibition ............................................................................................. 22 P~agraph 29 - Inde~ihcafion .............................................................................................................. 22 Paragraph 30 - Assi~ent or Subco~acting ....................................................................................... 22 Paragraph 31 - Entke A~eement ........................................................................................................... 23 Paragraph 32 - No Oral Ch~ges ........................................................................................................... 23 Paragraph 33 - SeverabiliV. No Implied WaNer ................................................................................... 23 Paragraph 34 - Independent Con.actor ................................................................................................. 23 Paragraph 35 - Offset off. ears or Default ........................................................................................... 23 Para,apb 36 - Pa~ents Contingent upon Federal FundNg .................................................................. 24 Para,apb 37 - Confidenfiaii~ ............................................................................................................... 24 Paragraph 38 - Publications .................................................................................................................... 24 Paragraph 39 - Cop~ights ...................................................................................................................... 25 Paragraph 40 - Patents ............................................................................................................................ 25 Paragraph 41 - A~eement Subj eot to Appropriation of Funds .............................................................. 25 Pa-as-~7~ ~ r Para.apb 43 - Public Disclosure Statement .......................................................................................... 26 Paragraph 44 - Tem~nation ................................................................................................................... 27 Paragraph 45 - Choice of Law ............................................................................................................... 27 P~a~aph 46 - NOtices ~d Contact Persons ......................................................................................... 27 Paragraph 47 - Funding Idenfihcation .................................................................................................... 29 Para.apb 48 - Effective Dates ............................................................................................................... 29 ~XHIBITB~ Pro]eot De~cription~ Budge% Use of Funds .... [ ......................................................................... 30 EX%!IBIT C: Project Descriptions ................................................................................................................. 31 Suffolk County Legislative Requirements Gratuities..: .............................. ' ............................................................................................................... 34 Sexual Abuse Reporting Policy .............................................................................................................. 37 Page 2 EXHIBIT A General Temps and Conditions t. Purpose: The Municipality, for the consideration herein provided, agrees to complete in the most subsianfia] workmanlike maker the com~uni~ development project(s) as desc~bsd in Exhibits "B" and "C", a~achcd hereto ~d made a part hereof (hereinafter rote=sd to as 'CD Project(s)". CD Projects shall not be located ontside the boundaffes of thc MunicipaliT without thc ~¢i~sn approval of the Coun~ smd thc affected jurisdiction, 2. Grant Admfnistraffon: a) Authorization: Notwithstanding any other provision of this Agreement, the Municipality must submit evidence, and the County must certify, prior to any commitment of funds under this Agreemen% that ail grant responsibilities have been met and are in accordance with applicable regulations. Upon such cmtification, the County will give notice authorizing the MunicipaliV to begin CD Project(s). Super¢ision: It is agreed that the nature and extent of'the ~ Project(s) unde~aken pursuant to this Agreement shll be su%ject to the general sups.wis~on of the County. The County as applicant is primarily responsible for the program. The Municipality agrees to comply fully with roles, regulations, criteria, guidelines and expenditure controls heretofore ad~pted or to be adopted by the County and Federal Goverruments pursuant to law. Funding: a) Budget: The Municipality rspresents and agrees that the Budget, as listed in Exhibit "C", attached hereto smd made a part hereof plus pro.am income assigned to the Municipality by the County, includes all costs of materials, appliances, tools and labor needed by the Municipality to undertake the CD Project(s).. b) Lin/rations: Payments to the Municipality are limited to funds deposited with the County pursuant to the Federal grant Said pahmaent to the Municipahty shall be for approved project expenditures, not to exceed the ~udget as listed in Exhibit C plus assigned program income. The Muni~ipality shall not be reimbursed for any project or part thereof, other than adm/nistrative activities, which occurred prior to HUD's "Notice of Removal of Grant Conditions and Release of Funds." (See Exhibit A). Activities which requ/re compliance with Federal regmlafions 24 CFR Part 58 envirom~entaI standards precedent to ~elease ~ s ~,~ ~ m ~,.un~s are ~a~ned hereto as ExhiNt "B" and made ' h ~ par ~,_ereo~,> this includes the ff!~n.g for Page 3 Enviro~m~enta] Review as appropriate. Compliance with Environmental reguta(ons shall also apply to al] new m' re~dsed activities developed subsequent to E~ibits B and C. ~xecutiw Oyder 12372 requires that Communi~ Development projects for the p]a~}ning, cons~ction, recons~ction, rehabilitation or installation of water or sewe~ facilities (including strum sewers and s~nit~ sewers) must be subdued for revigw and con, em by ~e N&w York State Cle~inghouse and the Lon~ Island Regional Pla~ing Board prior to implementa~on. The Municipali~ shall not be reimbursed for any project or part thereo~ w~ich occm~ed prior to ~e expiration of the review ~d conm~ent period. Activities s~bject to compliance M~ Execu~ve Order 12372 are indicated in E~iNt B. Compliance ~th Execu~ve Order 12372 shall also apply to ail new or revised activi~es developed subsequent to E~ibits B and C. c) Budget Modihcati0ns: rf requested by the Municipali~, ~e Coun~ may increase or decrease the cost of any CD Project(s), subject to applicable ~ regulations and approval 5y the Conn~, with the understanding that the total allocated to the ~unicipali~, as speci~ed in Exhibit 'B" hereo~ shall remain unchanged unless such change is approved by ~e Count, and provided that the ~d~ng eo~ed does not exceed ~e amount of ~mnt award plus assi~ed proem ~come. 4. Payments of Compensation: The total amount of compensation and reimbursement shall not exceed the Total Cost of Agreement on the cover page of this Agreement. Together with this A~eement, the Municipality shall suNrfit a standard Suffolk ~.ounty Pah~-nent Voucher t~sting at! reformation regarding the sendces and other items for which expend/tares have been or MI1 be made dining the term of this Agreement. Ail claims for payment are to be subrrfitted within thirty (30) days after the close of the month in which the expenditure was made. Claims are subject to adjustments or aud/t by authorized persormel of the County,.State, or Federal @overnments. Disbursements shall be paid by the Municipality and documentation, including any other form(s) required by the Connty, shall be furnished to the Department p~rsuant to, and as limited by, the Re~lations for Accounting Procedures for Contract Agencies of the Suffolk County Department of Audit and Control. The Municipality shall be entitled to no more than compensation and/or reimbursement as provided in tMs Agreement for the completion of ali work, labor and scow'ices contemplated in th/s Agreement, and in full reimbursement of ail ti'a~el and other expenses of every nature and Mud whatsoevcr, nom,ithstanding the total amount of dine expended or expenses actually incun-ed. In addition to any other remedies · at the County may have, failure to supply the requ/red docarnentation ~511 disqualify the Municipality from any ~rther CounV con,-acts. Page 4 Payment of ali vouchers si~all be according to a schedMe prescribed by the County: provided ~m~ds are authorized for thatpmpose from t~e F~dera] Government AI~ c]ai~ presented shMI be on Standard Counv Vouchers, in a fo~ prescribed by the Conn~, State or Federal Governments. Any ~nds advanced but not expended a~ the ~nd of the con,'act per~od shall i~ediately be due and owing to the Count. Upon ~i~en request of the Mun{cipaliB~' the ~ou[~ty may authorize advances ofFederaI ~nds in an~cipa~on of acmaI expenditures, in order to meet ~nnicipal pas~oI]s or Su~con~'actor expenses in a ~mely ma~er. This request shall b~ subdued by th~ Municipali~, on a form specified by the County. 5. Performance: The Municipality agrees to begin work on its CD Project(s) within a reasonable time after the effective date of this contract and meet timely exapenditure requirements. Thc Municipality will be considered to meet timely requirements if by 7anuary pt of each year its total bManee ofunexpended funds from ali pro,am years does not exceed 1.5 times the Municipality's most recent annual Community Development allocation. If the Municipality has unexpended balances ftom previous years' funding, which are from four or more years prior to the current program year, or If the Municipality has a past h/story of not meeting timely expenditure requirements, or If the Municipality, by January P~ has a total balance ofunexpended funds fi'om ail pro,am years which exceed 1.5 times the Municipality's most recent annual Co~rmauni~ Development allocation, the County may take the followfl~g actions either singu/arly or in conSbination: a) Require the Municipality to submit information to the County regarding the reasons for lack of performance and actions being taken to remove the causes for delay. b) Requ/re the Municipality to demonstrate to the Connty that the Municipality has the capacity to emery out CD Pr%iect(s) and meet Cra-tin, unity Development gmeIy expendi_~xe requirements. c) Require the Municipality to submit to the County pro~ess schedules for completing CD Project(s) in compliance with Community Development timely expenditure requirements. d) Issue a letter of winning to the Municipaiity advising that more serious sanctions wi]I be taken if the deficiency is not corrected or is repeated. e) Require the Municipality to suspend, discont/nne or not incur costs for CD Project(s). f) Condition the Municipality's allocation of Community Development funds in the succeeding year. g) Reduce the MunicipMity,s a/location of Commo_.uniV Development funds in the currem year by 100 Page percent of the total baiance oru ~,~ ~ ~ ~ n~xp~n~,.d 5undo, torn all program ),ears, ~%i01% exceed 1.~ times the MunicipaliV's most recent annual Community Development ailocaffon. County-Municipality Relationship: The relationship of the Municipality to tI~e County shall be governed as expressly provided £or in the SuffoIk County Co operation Agreement and this A~eernent. 7. Ciffzen Parffcipation: The Municipality a~ees to provide citizens with adequate infonmation concerning the amount of funds available for proposed Commmnity Development projects, the range of eligibIe acti~dties, and other important program requirements. The Municipality aisc agrees to provide citizens with adequate opportuniffes to articulate needs, express preferences about proposed activities, assist in the selection ofprioffiies, and otherwise assist and participate in the deveIoprnent of the Housing and Community Developrnent Program. Pursuant to this requirement, each Municipality shall hold at least one public heating during the armnaI application preparation period, prior to the subn~ssion to i-~]D. The County shall also hold at least one presubrnission public hearing. 8. Flood Disaster Protection: This Agreement is subject to Section 202(a) of the Ftood Disaster Protection Act of i973 (42 U.S.C. 4106) which provides that no Federal officer or agency shall approve any financiM assistance for acquisition or construction purposes (as defined under Section 3(a) of said Act (~2 U.S.C. 400(a)), one year after a commnnity has been formally notified of its identification as a community containing an area of special flood hazard, for use in any area that has been identified by the Director of the Federal Emergency Management Agency as an area k~aving special flood hazards unless the community in which such area is situated is then participating in the National Insura~ce Pro.am. Notwithstanding the date of H'UD approval of the recipient's submission of the grantee's annual action plan, funds provided under this pa~ shall not, be expended for acquisition or construction purposes in an area that has been identified hy the Federal Emergency Management Agency (FEMA) as having special flood hazards unless the community in which the area is situated is participating in the National Flood Insurance Program in accordance with 44 CFR Parts 59-79, or less than a year has passed since FEMA notification to the cornmuhity regarding such 3azards; and flood insurance is obtained in accordance with Section ~ n~r~ oft]~ ~ Page 6 Protection Act of !973 (42 U.S.C. 4001). Any contract or agreement for Ce sale, lease or other h'aus£er of land acquired, cleared or improved Mth assistance provided under this Agreement shall contain, if such land is located in an area identif/ed by the Federal Government as having special flood hazards and in which the sale o£flood insurance has been made avaitable under the Ftood Insurance Act of t968, as ame~aded, 42 U'SC 4001, et. seq., provisions obligating the transferee an~ its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction F.m?oses under Section t 02(a) o£the Flood Disaster Protection Act of 1973. Such provisions shalI be required, notwithstanding the fact that the constrt~cfion on such land is not itseI£ funded with assistance proxdded under this Agreement. 9. Equal Employment Opportunity and Affirmative Act/on: a) Equal Opporturfity: In carodng out the Community Development Program, the Municipality shall ensure that no person, on the grounds of race, color, creed, ancestry, disability or other handicap, age, marital/familial status, national origin, religion or sex be excluded from participation in, be denied the benefits o~ Or he subjected to discrimination under any program or activity funded in whole or in part Mth Community Development Block Grant funds. The Municipality shall take a£firmative action to insure that applicants for emplo)maent are employed, and that employees are treated during empIotmaent' w/thout regard to the/r race, color, creed, ancestry, disability or other handicap, marital/familial status, religion, sex, age or naffonaI origin. Such acffon shall include, but not be limited to, the follo,Xdng: employment, upgrading, demot/on or transfer; recruitment or recruitment advertising; layoff or term/nation; rates of pay or other forms of compensation; and selection for ~aining, including apprenticeship. The Mu~cipality shalt post in conspicuous places, available to employees and applicants to employment, notices to be provMed by the Federal Gove~ment se~ng fo~h the provisions of this non- discrim/naffon clause. The Municipality shall state that alt qualified applicants w/lI receive consideration for employment without regard to race, color, religion, sex, age, creed, ancestry, disability or other handicap, marital/~'amiiiaI status or national origin. The Municipality shall incorporate the foregoing requirements of this Subpara~-aph'a in ail of its contracts for program work, except contracts governed by Subparagraph b o£this Paragraph, and will require all of its contractors for such work to incorporate such requirements in ail subcontracts for program work. The Munidpaiity shall have its o~m Affirmative .Action Plan ~;l~ich meets Federal requirements Page 7 on ~!e with the County Commmnity DeveIopmem Office and 8pproved by H~ or be bound by a Consmx~umw~d~ Aff~ative Acffon Plan developed by the CounV and applicable {o lo'cai pm'sonnel ~unded with Deve~opmem Block Grant ~nds. The County Cm~unf~ Development Director shM] be designated as the Consortium's A~ative Action Officen Separate dorm~mni~ DeveIopment Agencies, will he required to develop and implement iheir Affirmative Action Plan, unless such a plma has already been developed and approved by ~. The Agency's Plan must be subdued to ~e U.S. Depar~ent of Hons~g and Urban Development for ~ts review and approval If the Plan is not acceptable ~o the Coun~ o~ ~, the Continuity Development Agency w~II be required to su~t a revised Plan(s), until approved by ~. Ali employees of the Municipality paid with CDBG funds must meet all New York State CJviI Service Requirements for employment; however, this provision shall not apply to any Community Development Agency or its employees. b) Contracts Subject to Executive Order 1 I246, as amended, shall be subject to F/LID Equal Bmployment Opportunity regulaHons at 24 CFR Part 130 applicable to FFdD-assisted construction contracts. The Municipality shall cause or require to be inserted in 5zll in any non-exempt contract and subcontract for construction work, or modification thereo~, as defined in said regulations, which is paid for in whole or part with assistance provided under this Agreement, the following equal opportunity clause: During the performance of this contract, the contractor a~ees as follows: I. The contractor w/ll not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, creed, ancestr?5 disability or other handicap or maritaI/fam/IiaI stares or national or/gin. The contractor will take orKin-nat/ye action to ensure that appticams are employed, and the employees are treated during employment, ~ree ~rom such ddscr/m/nation. Such act/on shall inctude~ but not be liroJ*ed to, the following: ~ I - ~mp oyment upgrading, demotion or termination; rates of pay or other forms of compensat/on; and selection for training,/ncluding apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the conWacting o55cer se~ing fora the provisions of this non-discrim~nafon clause. 2. The contractor wilt,/n all sol/citations for advertisements for employees placed by or on behalf of the contractor, state that ali qualified applicants will ~eceive consideration for employment w/thout regard to race, color, reli~on, sex, age, creed, ancestry, disability or other handicap or marital/fam/IiaI status or national origin. 3. The contractor wii1 send to each labor union or representative of workers with which he bas a colIecfi,{e bargaining a~eement or other contract or understanding, a notice to bO provided by the contract Compliance Officer advising the said labor un/on or workers representatives of the contractor's commitment under th/s section and shall Post copies of the notice in conspicuous p/aces available to employees and applicants for employment 4. The contractor wllI comply with ail provisions o£Executive Order 11246 of September 24, 1995. and of the ~a!es, regu!ations, and relevant orders of the .q~.~.-,,.-~, of L~h~r ' Page 74 The coniracmr wdll turn/ch ali information and reports required by Executive Order 11246 of Septe~Tber 24, 1965; 24 CFR 570.603; and 24 CFR. 570.607; and by the ~-ales, re~alations, and orders o£the Secretaries o£Labor and Housing and Urban Development, or pursuant thereto, and wilt perm/t access to his books, records and accounts by the Federal Goverrm~ent and the SecretaU of Labor for proposes of investigat/on to ascertain compliance with such roles, regulations and orders. In the event of the contractor's non-compliance with the non discrinfination clause~ of this contract or w/th any of such rules, regulations, or orders, this contract may be cancelled, terrminated or suspended in whole or in part and the contractor may be declared ineligible for fmther Government contracts or Federally assisted construction contract procedures authorized in Executive Order 1 I246 or September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. The contractor w/II include the portion of the sentence immediately preceding Paragraph t through 7 in every subcontract or pm'chase order unless exempted by rules, regulations, or orders o£the Secretary of Labor issues pursuant to Section 204 of Execut/ve Order 1 t 246 of September 24, t 965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Federal Gove~mment may dfl'ect as a means of enforcing such provisions, including sanctions for non-compliance; provid/ng, however, that in the event a contractor becomes involved in, or is threatened w/th, litigation w/th a sub-contractor or vendor as a "result of such direction of the Federal government, the contractor may request the United States to enter into such lit/gation to protect the interest off the United States." The Municipality farther agrees that it MI1 be bound by the above equal oppo~dnity clause with respect to its ox~m employment practices when it participates in Federally-assisted construction work; provided, however, that if the Mun/cipality so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such goverrmaent wh/ch does not pmi%ipate in work on or render the contract. The Municipality agrees that it MI1 assist and cooperate acdvety Mth the Federal Gove~'T~ment and the Secretary of Labor in obtaining the compliance of contractor's and subcontractors with the equal opportunity clause and the tales, re~alation, and relevant orders of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such info~vnat/on as they may require for the supervision of such compliance and that it Mit othe~vise assist the Federal Gove~-a~ent in th~ 3~*~ ~,~ ~,~ prim~ry ~p~,~4~1%~ for securing comp~ The Municipality further agrees that it will refrain from entering into any contract or contract modif/cation sub, eot to Execui/ve Order 1 t246 with a contractor debamed fi'om, or who has not demonstrated eligibility for, Govermnent contracts and Federally-assisted consfl-action contracts pursuant to the Executive Order and Mil can-y out such sanctions and penalties for violation of the equal opportunity clause by any Govermnaent contractor in accordance with procedures established by the Secretary of Labor pursuant to Part II, Subpart D, of the Executive Order. In addition, the Municipality agrees that if it fails or refuses to comply with these undertakings, the Federal Govm-m::ent may take any or ail of the following actions: cancel, tm'mimte, or suspend in whole or itu part the grant or loan ~aarantees; r~afn fi'om extending any fi~rther assistance to the Municipally, under [he pro,ram with respect to which the failure or re~sal occu=ed un~I the satisfactory assuranc~ of ~mre complhnc~ has been received ~om such Municipally, and refer the case to the Depar~en~ of Yustfce for approp~ate IegM proceedings. Section 3 0fth~ Housing and Urban Development Act The ~unicipalf~ shall comply with SectiOn 3 of the ~o~sfng and Urban Development Act of 1~68 as same may be amended ~om ~me to time. [n pla~ing and ca~dng out Co~unf~, D~vMopm~nt projects, ~ ~unicipali~ shaI] ensure, m ~e greatest ~xt~m feasible, that oppo~ni~es for ~-Mnfl~g and employment be given to lower income persons residing wi~in fl~e bo~daries of the Coun~ conso~um and ~at con.acts for Work on Con~i~ Development projects be awarded to eligible business concerns which are toca~ed ~n or o~med in substanfiM pa~ by persons zesMing ~d~n the boundaries of~e Conso=~m. The MunicipaliV shaII cause o~ r~qu~re to be inse~d ~n ~II~ in M1 con. acts and subcon~acts for work financed ~ whole cz in parc with assistance provided ~de; this A~eement, the Sec~on 3 claus~ set forth in 24 ~R I35.20~). ~ne MunicipaliV shah provide such copies of 24 CFR ~art i3~ as may be necessary for the infomuation ofpa~ies to con.acm required to contain the Section 3 clause. d) ~inoriV Business and Women's Business Ente~fis¢ ~e Municipali~ must comply with Executive Orders 11 ga~ and 12432 and at a maximum make good fai~ efffo~s to enco~ag¢ the use of~nozi~ and women's business cure.rise in co~ec~on with Co~uniV D~velopment ~nded acgvi~es. The Municipality, to the maximum extent possible, shall ensure the inclusion of minorities and women, and entities o,~med by minorities and women, including, without limitation, real estate finns, construction fi~zns, appraisal firms, management fimas, financial institutions, inveshment banking firms, under, triter% ............... o .......................................... ~ persons cz ent~t~es, public and private, in order to facilitate ~e activkfes of the Conmmnf~ Development Pro.am. 10. Non-Discrimination Under Title VI of the Civil Pdghts Act of 1954 and Title VIII of the Civil Rights ofi968: This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD reg-ulations w/th respect thereto including the regulations under 24 CFR Part I. No person in the United States Page l 0 shall, on the grounds of race, cotor, religion, sex, age, creed, ances~y, disabili~ or other handicap or marital/familial status or national origin, be excluded from pa~cipation in, be denied the benefits of, or be s'a-bjected to discrimination under any program or acfivi~ receivh~g Federal financial assistance. This Agreement is also subject to the requirements of Tide VIII of the O~v~t Rights Act of 19 68~ Lmown as · s "Faff ~ousing Act", which provides that it is the policy of thc United States to provide, wi~{n consffmffonal ti~tafions, fair housing fi~oughout the United States, and prohibits any person fi'om discri~nating in the sale or rental of housing, the financing of housing, or ~e provision of brokerage ss~icss, including in any way making unavailable or dsn~ng a dwelling to any person, because of fac% color, religion, sex, age, creed, ances~5 disabfliV or o~er handicap or marita[fa~lial stares or national origin. The MunicipaH~ is required ~o adn~n{sier all progzan~ and acfivfliss reIated to housing and co~uniV dsvslopment in a maturer to affi~afive]y ~er fair housing. In addiffon, the Mun{cipaliT mus~ make Co~uni~ Developmsnl ~nds avaihble in accordance ~dth the Fair Housing Act, Execuffve Order 11063, as amended by Executive Order I2259 ~qnaI Oppm~n{~ in Housing), Tiffs Vi of ~s C{vii R{~nfs Act of 1964, the Age Discfi~na~on Acl of 197g~ the Americans With DisabiHffes Att of tPP0, Section 504 of the Rehabilitation Act of lP73, and the requirements of Executive Order 11246 (Equal Empto~ent Oppo~ni~), as ~ded by Executive Ordm's 11375 and 12086. 11. · Lead Based Painf Hazards: The consi~-aciion or rehabilitation of residential structures with assistmnce provided under this A~zeement is subject fo ~¢ rsq~em~nts of 24 ~R Pa~ 35, snbpa~s A, B and R and subp~s C f~ongh M ~hen applicable. Any rehabflitaffon or acquisiffon of residential s~cmres by ~e M~/cipa!iV with assistance provided under this A~-eement shall be made subject to Lead-Based Paint Poisoning Prevengon, and the MunicipaHV shall be responsible for nobficaffons, cm~ed hazard eva!ua~ons, certified hazard reduction, ce~fied safe consm~ciion work places, ce~fied clearances and record keeping. 12. Fh'e Pre~,ention and Control Act: Housing assistance provided in the form of a grant, contract, Iom~ guarantee,'cooperative agreement, interest subsidy, interest or direct appropriation under this A~eement is subject to the provisions of the Fire Adminisla'afion Authorization Act of 19P2 (Pub. L. 102-522). The Municipality shall be required to comply with Pa.~e 11 ppI~caNe fire protection a:d safety sLanaaros. 15. ]Federal Labor Standards Provisions: Except with respect to the rehabilitation of residential prope~l-y designed for residential use for ]ess than eight (8) families, the Municipality and all Municipalities ~ngag~d under con'acts in excess of Two Thousand ($2000.00) Dollars for th~ cons2nction, prosecution, completion or repair of any building or work financed in whole or in pan with assistance provided under this Agreement shall comply ~ HD~ requirements pe~aining to such contracts and the applicable requirements of ~¢ Davis-Bacon Act as amended (40 U.S.C. 276a to 276a -5), governing the payment of wages ~d the ratio of apprentices and kain¢~ to joume~en; provided, ~ha if the wag~ rates imposed by State or local law are Mgher ~an ~ose required under such re~Iaion, nothing hereunder is intended to relieve ~ Municipali~ of its obliga~on, if any, to requk¢ pa~ent of the higher rai~s. The M~icipality shall cause or req~r¢ to be Ms¢~ed in ~11, in alt such conkacts subject to such regula~ons, provisions meeting the requirements of 29 CFR Secs ~.0-f.32 and in such con. acts i~ excess often ~o~sand Dollars ($10,000), 29~R Secs. ~.0-~.32 and 3. i-3.11. No award of~e conkacts covered under this Para. apb I2 of~is Agreement shall be made to any M~icipali~ who is at ~ time ineligible under th~ provisions of any applicable re.lotions of the Federal, Sia~ or local gow~ents. 14. Compliance With Air and Water Acts: Tkis Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857, et. seq.; the Federal Water PolIutiou Control Act, as amended, 33 USC 1251, et. seq; and t~he regulations of the Environmental Protection Agency Mth respect thereto, at 40 CFR 15, as may be amended from time to time. con. acts and subcon~acls wkh respec~ to any non-exemp~ ~ansaction thereunder ~nded wi~ assistanc~ provided under ~is Agreement, the foI]o~ng requirements: a) A sfipula~on by fl~e con. actor or subcon~ac~ors ~hg any faciii~ to be u~Iized in ~e perfm~ance of any non-exemp~ con~acl or subcon~act is not listed on the List of Violating Facilities issued ~y · e Enviro~enlal Pro~ection Agency (EPA) pursuan~ to 40 CFR 1 ~.20. b) Agreements by ~e con.actor to comply ~4~h ali fl~eir requirements of SecHon 114 oflhe Clean Page 12 Air Act, as amended (42 USC 18S7c-8) and Section 308 of the Federal Water Poll.uHon Control Act as amended (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act as amended Q3 USC 131 g), reladng to inspecHon, monitoring, en~,, repo~s, and imfom~ation, as well as alt other r~quirements specified in said Section 114'and Section 302, and ail regulations and ~idelfnes issued thereunder. c) A s~pulafion ~hat as a condition for tt~e award of fl:e conmac% promp, notice will be given of any notifica~on received ~om tI~e Director, Office ofF,doral Activities, EPA, Ndicafing ~at a faciliV ufilized or to b~ utilized for th~ can~acl is under considera~on to bs tisled on ~e EPA Lisl of Viola~Ng FacilN~s. d) Ageemen~ by ~e con,actor tha~ he wiI1 incNde or cause ~o be incNded ~he criteria and requirements N snbpara~aphs a ~Nongh d of this Paragraph in eve~ non-ex~mp~ snbcon~ac~ and r~quiring tha~ ~he con,actor ~ll rake such acfion as ~x~ Federal Gove~n~ may d~ecl as a means of ~orcing ~ch provisions. In no ev~n~ shall any amonm of the assistance provided under ~his Agreem~n~ be u~tized with respsc~ to a faciliV which has given fis~ to a convic~on under Section 113(c)(t) ofth~ Clean Air Ac~ or Section 209(c) of the Federal Waist Pollution Con~ol Act 15. Relocation Assigtance and Acquisition of ReaI Property: The Municipality shall provide fair and reasonable relocation p%cnents and assistance in accordance with the Uniform Relocation Ass/stance and Real Property Acquisition Policies Act of t 970 as amended and the govemmen~dde UP,_A regulations at 49 CFR Par~ 24, to or for families, indivlduals, partnerships, corporation, or associat/ons displaced as a result o~ any acquisition o£ real proper~y for an activity assisted under the program. The Municipality shall info~x potential displaced persons of the benefits, policies and procedures provided for under HPql) regmlations. The Municipality shall carry out the relocation process in such a manner as to provide such displaced 'persons wkh unifom~ and eonsisteut servicesl including any services required to insm-e that the relocation process does not result in different or separate .treatment to such displaced persons on account of their race, c6lor, religion, nat/~'nal origin, age, sex, or source of income. In acqnir/ng reaI property, the Municipality should be guided by the Un/form Relocation Assistance and Real PropmW Acquisition Policies Act of 1970 as amended and tl~e govm~ent~ide URA regulations at 49 CFR Part 24. Page 13 16. Consolidated PIan: The MunicipaIi%5 as party to the Conmmnity Development Program~ and as a participant [n the Suffolk County Consortium, acknowledges that [t[s contractually and other~.~[se tega]]y bound .per prior resolution of its governing body to use its best efforts to ensure the carrying out of the goals of the Consolidated Man approved by HIID. The Municipality shall also be con,actually and legally bound to use its best efforts to ensure t~e carrying out of the Consolidated Plan which is currently ~n effect. 17. Displacement: This A~eement is subject to the requirements of Sect/on 10~(d) of the ACT which requires the implementation of a policy to rainim/ze the displacement of persons fi'om their homes and neighborhoods and to mitigate adverse effects of such displacement on Iow and moderate income persons. In accordance, the Municipality shall roi]ow the Suffolk Coua~ Corrmmnity Development Consortium Policy and Procedures on Dfsplacement when implementing CD Projects. 18. Obligations of Municipality With Respect to Certain Third-Party Relationships: The Mun/cipality sba11 remain fully obligated under the provisions of thi~ Agreement, notwithstanding its desigmation of any third party or par~es for the undertaking of all or any part of the pro.am for which ass/stance is being provided under this Agreement to the MunicipaliV. The Municipality shall comply ~dth ali lawful requirements applicable to the County as the applicant under the Housing and Community Development Act of I974, as amended. Any coni~'act between the Municipality and a third-party subrecipient shall be in compliance with all applic£ole Federal, state, and local laws, rules and regulations and shall include the folloMng provisions in a agreement: a) A descript/on of each task ~o be 'undertaken by the subrecipient, a schedule for complet/ng each task and a budget for each taskl b) Specification of records, reports and data to be maintained or subm/~ed. c) Designation of whefl~er program income is to be returned to the Municipality or retained by the subrecipient ~ere the subrecipient is to retain the program income~ the specific activities to be undertaken with the program income shall be indicated, and all the provisions of the Agreement sba!/apply to the activities undertaken. All program income Page 14 g) d) e~ shall be substantially disbursed fro- agreed~upon activJSes before the MunSc~pa]ity shall request additional cash wkhdrawals for the same actfvk~es. Requirement of compliance with appIicaNe OMB C~rcu/ars. Compliance with the following Federal law and r%ulafions: 1) Public Law 88-352 the Civil Rights'Act of 1964 and Public Law 90-284 ~o~m as the Fair Housing Act. 2) Section 109 of~e Act requiring that no person be excluded ~om p~icipation or denied benefits, or be subjected to discri~=a~on on the grounds of race, color, national origin, sex, m'eed, ances~, disaNH~ or other handicap or maritaFfa~lhr stares. 3) Section t 10 of the Act reg=ding labor standards for con,actor or subcon~actors perfo~ng cons~c~on work. 4) Section 202(a) of ~e Flood Disaster Protection Act of 1973. 5) Executive Order 11246 which pro~its discri~affo~ in emplob~ent and Section 3 or,he ~o~sing a~d Urban Development Act of t968 regarding the provision of emplo~ent to Iow income persons resid~g ~fitbin the boundaries of ~e Conso~um. 6) 42 U.S.C. 3535(d) 4821 and 4851 of the Lead-Base Paint Poisoning Preven~on Act 7) 24 C~ Pa~ 24 prohibiting ~e use of deBa=ed, suspended or ineligiNe con, actor or subrecipbents. 8) 24 CFR Part 570.51 t regulations prohibibng persons receiving behests who have a con~ict of interest 9) 24 CFR Pa~ 570.200~) which prescribes the use of CDBG ~nds by org~iz~ons. ~ndicafion t~at ~e A~eement may be tem~nated for default, inaNliB5 or hihre to perfmm. Requirement that any CD~G ~nds on hand or accounts reeeivaNe at ~e ~me of te~=a~on shall Be reamed to the M~icipaliV. Provision to ensure that any real prope~y under the subrecip~enfs cona-ot ffnat was acquired or improved in v/ho!e or in pax w~th CDBG ~nds in excess o~$25,000 is e~ther: Page iS ~) 2) Used to meet one of the naHonal objectives for at least l~ve year after expiration of the Agxeemen% or such longer period of dme as detern~ned appropriate by the CounV; or 2) Disposed of in a namer which resutts in the Municipa.ii? being reinTsursed ~n the amount of the cu=ent fair market value of the p~ope~ less any po~on a~ibutable to e~endi~res ofnon-~BG ~nds for acquisition o~ or improvement to, the Provision to ensure 1) No Federal appropriated ~ds have been pMd or MII be pa~d, by or on behalf of · e subrecfpim% to any person for influencing or a~emptfng to ~n~uence an of~cer or employee of a~y agency: a Member of Congress, employee of Con~ess, or an employee of a Member of Congess wi~ the awarding off any Federal connac% the making of any FederaI grant, the m~ng of any Federal loan, ~e entering into of any coopera~ve agreement, and the extension, continuation, r~newal~ ~endmen% or modification of any FederaI con~act grant Ioa~ or cooperative a~eement. If any ~nds other ~an Federal appropriated ~nds have been paid or ~tl be pMd m any person for influencing or a~emp~ng to influence an of~cer employee of any agency, a Member of Con.ess, an o~cer or ~loyee of Con.ess, or an employee ora Member of Con.ess fn co~ec~on ~Mth this FederaI con~act ~ant loan, or cooperaHve agreem~nt the subrec~pient shall complete and submit Standard Form-LLL, "Dfsctosm-e Fo~ to Lobbying", ;,. accordance .~.;+~ ;*~: 19. Conflict of Interest: a) Interest of Certain Federal Officials: No member of or Delegate to the Congress oft he 'limited States and no iKesident Commissioner shall be admitted to any share' or part of this Agreement or to any benefit to arise bom the same. b) Interest of LocaI Public Officials: No member, officer or emp]oyee of the MunicipaIity or Page its designees or agents: no men~ber of the governing body of the locality in which, the program is situated, and no other public official ofsuc!~ locality or localities who ex~rcis~s any ~ancfions or responsiNlities with respect to the program during his tennre Or for one year thereafter, shall have any interest, direct or indirect, in any oon~act or subcon~act, or the proceeds thereo~ for work to be perfom:ed in connection with the program assisted under this Agreement The Mun/cipali~ shah inco¢orate; or cause to be inco~orated, in ail s,ach con,acts or subcona'acts a provision prohibiting such interest pursuant to the pu~oses of this paragraph. c) Prohibifio~ Against Pa~ents of Bonus or Comt~ssion: ~e assistance provided under · is A~-eement shall not be used in the pa~ent of any bonus or co~ssion for the p~ose of obtaining approval of the application for such assistance, or ~ approval of applications for additional assistance, or any o~er approval or concu~ence of ~D required under ~is Ageement, Title I of the Housing and Development Act, or H~ re~lafions wkh respect ~ereto; provided> however, that reasonable fees for bona fide teclmical, consultant, manage~aI or o~er such se~ices ffe~zed on the basis or,me and materials other ~an actual soNcitation, are not hereby prohibited if othem, ise eh~ble as program costs. 20. Books and Records of Accounting: The Municipality agrees that it shatI keep and maintain separate books of account and records concerning alt costs inctrrred in the performance of this Agreement, and that it sba11 have available for audit and inspection by the County or by authorized representatives of HUD, ail the Municipality's facilities, books and other financial and sta~isticaI data, whether related to the CD Project(s) or otherwise. The Municipality agrees to maintain or sz~bmit to the County, as individually required, the following data or documents, or information to complete the fotlo~xdng documents: Project Description Forms Environmental gurvey Demographic Su~wey Budget Modifications HUD/EEO-4 Employment Data Form Minority Busiriess Enterprise Report Other data as ma3, be required by HUD Page 17 2I. Program Income: The Count5, shaI1 assign program income generated by the Municipality for the purpose of carrying out eligible Community Development activities. Ail provisions of this Agreement shall apply to the use of program income assi~o-ned to the Municipality by the Cour. ty. The Mur[ic. ipaIity shall inform the County of all income generated by the expenditure of Community Development funds received by the M~nicipaiity and ~o substantially disburse assigned program income for eligible Commun/ty Development Activities before additional cash withdrawals are made by the County from the U.S. Treasury for the same act/vity. The County Mll require at the end of the program year, the rerrfittance by the Municipality of ail or part of any program income balances (~ncluding investments thereof) held by the Municipality (except those needed for immediate cash needs, cash balances cfa revolving loan fund, cash balances from a lump sum drawdow~n, or cash or investments held for Section 108 secm-ity needs). [fa Municipality withdraws from the Suffolk County Consortium prior to the expiration of the Cooperation Agreement between the Municipality and the County, all program inconae received and not expended in accordance with this Agreement shah be due mad payable to the County. 22.. Real Property: Real property acquired or improved in whole or in part using Community Development funds that is within the control of the Municipality shall require the following actions: a) The timely notification of the County by the Municipality of any modification or change in the use of the real property from that plarmed at the time of acquisition or improvement including disposition; b) Reimbursement of the County in an amount equal to the current fair market value (less any port/on thereof at~ibutable to expenditures of non-Cmr.~munity DeYelopment funds) ofprope~;acquired ,~ i~oved with Community Development lands that is sold or transfen-ed for a use which does not qualify under the Community Development regulations; and, c) Return of program income to the Couuty generated 5'om the disposition or transfer of property prior to or subsequent to the close-out, change of status or term/nation of the Cooperation Agreement between the County and the Municipality. ~age 18 23. Reversion of Assets: Any rea] properb, under the Municipality's control that was acquired or improved in whole or in part with Community Development fimds in excess of $25,000 shatt be either: a) Used to meet one of the national obi e¢tives in 24 CFR Part 570 until five (5) years after expiration of thds Agreement or terminatio~ of the Cooperation Ageement, or such longer period of time as determined appropriate by the County.., o'r b) Disposed of in a manner which results in the Count3, being reimbursed in the amount of the current fair market value of the property less any portion thereof attributable to expenditures of non-Community Development funds for acquisition of, or imtxovmmnt to, the property. 24. Equipment - Vesting of Title: Title to all the materials, appliances, and tools, purchased Mth funds provided under this Agreement, shall vest in the MunicipalilI and shall be used and disposed of in accordance with 24 CFR Part 85.32 & 85.33. 25. Financial Statements and Audif Requirements: a) Notwithstanding any other reporting or certification requirements of Federal, State or local authorities, the Mnnicipaliity shall obtain the services of an independent licensed public accountant or certified public accountant (the "Auditor") to audit its financial statements for each Municipality's fiscal year in which the Municipality has received, or Mi1 receive $300,000 or more from the County, whether under this Agreement or other~4se, and shall snbm/t a repo~ on the overall financial condition and operations of the Mnnicipality, including a balance sheet and statement of income and expenses, attested by the Auditor as fairly and accurately reflecting the accountdmg records of the h~anic~ali%' in accordance with generally accepted accounting principles. The Munidpahty is encouraged to solicit requests for proposals (7~FPs) from a number of quat/fied accounting firms and to review carefully the costs of, and qualifications for, this type of work before select/ng the Auditor. b) The Auditor should be required to meet the following n~Unimum requirements: ii) a current license issued by the New York State Education Department; sufficient auditing experience in the nonprofit, governmental or profit-making areas, as applicable; and Page 19 a satisfactory peer review issued witl~[n not more than three years prior to lhe date when the Auditor was selected ~o conduct the audit. c) The audit must be conducted in accordance with generally accepted gove~entat auditing standards (GAGAS). Financial statements must clsarly differentiate bs~cen CounVz~dcd programs and other p~-o~a~ ~at the Munic~paliV may be operaHng. The use of subsidia~ s6hedutes should be encouraged for this propose. The Auditor must aisc prep~e a management le~er based on ~e audit. d) Fmthm~o~e, if the Munfcfpa]f~ expends $300,000 or more of Federal monies, whefl~er as a ~'ecip~ent expending awards received directly ~om Federal awarding agencies, or as a subrecfpfent Federal awards ~eceived ~om a pass-~ough enti%; such as ~'ew York State or Suffolk Count, during any fiscal per~od wi~n which ft receives ~nding under ~is Agreement ("fiscal y~ar"), the audit must be conducted, and the audit repo~ ( Stogie Audzt Repo~ ) must be, in accordance with OMB Circular No. A-133 (revised Iune 24, 1997). Single Audit ~eports must also be subn~ed to ~e desf~ated clearfnghonse, co~iz~t/agency an&/or pass-~ough enti~, to the extent required by ~e O~ Ci~cularjust fete=ed to. e) The Mun~cipaiiV must sub~t a statement in ~tfng, ce~ffed by its chief financial states ~e amount of Federal ~nding expended by the Munfcfpali%~ during such fiscal year. The M~icipali~ must ~il or deliver the ce~i~ed ~stement to fl~e Depa~ent and to Blizabe~ Tesoriero, Executive Director of Auditing Se~ices, Sufffolk Co~V Depa~ent of Audit and Con~oI, H. Lee De~fson Building, 100 Veterans ~emoHal Highway, P.O. Box 6100~ Hauppauge, New York 11788-0099, as soon as possible after the end of~e ~unicipaliv's fiscai ytar. The statement should fnclude ALL Federal funding received dir~ctly ~om t~e Federal Oove~ent and ~L Federal ~nds passed t~ong~ ~om the Co~ and ot~er pass-t~ough e~tities. Copies ofaiI ~nanc~aI statements, management Ie~ers, S~ngle Audit Repo~s (if applicable) and other audit repo~s, if required, must be ~ans~ed to the D~pa~ment and to Ms. Tesoziero at the address just set w~/days nine (9) months after the end of ~e 2~unicipaliV's ~scal period ~o which the audit relates. g) ~ese requirements do not preclude the Depa~ent or the Sufffolk CounV Comp~olIer or their authorized represen~aHves or Federal or State auditors ~om the auditing records of the Mnnicipali~. Therefore, the records of the Municipali~ must be made available to authorized representa~ves offFederM, State or Coun~ govm~ment for ~at pu~ose, h) Ail pa}~ents made under this Agreement are subject to audit by the Suffolk CounV CompS'oiler Page 2 0 pursuant to Article V of the Suffolk County Chapter. Iffl~e Municipality fails to cooperate with an audit by the Comptroller, the County shall have th~ fight to suspend or partially withhold pa)m~enis under th{s Agreement or under any other Agreement be~,¢en the parties until such cooperation is forthcon~ng. If such an audit discloses ovm~a~m~ts by the Coun~ to the Municipality, within thi~ (30) days after the issuance of an official audit report by the ComptrolIm' or his duly designated representative% the Municipali~ shall repay the amo~m of such ow~pa~em by check to the order of ~e Suffolk Coun~ Treasurer or shall sub~t a proposed plan of repabm~m~t to ~e CompWollm'. If ~ere is no response or if satisfactory repa~ents are not made, the Coun~ may recoup ovmpa)m~nts ~om any amounts due or becon~ng due to t~e ~unicipM~ ~om the Coun~ under this Agreement o~ o~m~is~. The Mnn[cipati~ a~ees t~at it w[I1 comply ~dth the appHcaNe provisions of FederaI Office Managemem and Budget Circuits A-S7, A-110, A-128 and A-122, and 24 CFR Part ~. j) ~e provisions of the foregoing subpara~aphs (a) ~ongh (i) of this paragraph shall s~ive tt~e expiza~on or re.nation of this A~eement. 26. Use of Federal Funds for Lobbying: No Federal appropriated funds have been paid or will be paid, by or on behalf of~e ivJ[unicipali~y~ to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Con~ess, or an employee cfa Member of Congress in connection with the awarding of any Federal contract, ~he making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and ttie extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or a~en~pting to fixfiuence an officer or empioyee of any agency, a Member of Congres% an of~cer or employee of Congress, or an employee cfa Member of Congress in comnection with this Federal contract, grant, loan, or cooperative agreement, the Municipality shall complete and subm/t Standard Form LLL, 'Disclosnre Form to Report Lobbying", in accordance with its instructions. The Mumicipality shall require that the Ian~age of this cerfibcation be included in the award for M1 subawards at ali tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperat/ve a~m'eements) and that ali subrecipients shall certify and disclose same accordingly. Page 2 1 27. Political Activities: The Municipality shall be governed by the provisions of the Hatch Ac/(5 USC I501, et. seq.) regarding employees' political pa~cipation. 28, Constitutional Prohibition: In accordance with First Amendment CMrch and State Principles, the Municipality shall comply with 24 CFR 570.200(j) of the federal regulations regarding the use of Community Development funds by religious organizations. 29. Indemnification: a) The Municiality agrees to render diligently to the County any and ail cooperation, without additional compensation, that may be requ/'red to legally defend the County against any claim, demand or action that may be brought against the County in cormection with this Agreement b) Municipality shall indemnify and hold harmless the Count)', its consultant (if any), employees, agents and other persons from and against al! claims, costs, judgements, liens, encumbrances and expenses, including attorneys' fees, arising out of the acts or orohssions or negligence of the Mnn/cipality,/ts agents, employees, third party subrecipients, subconsultants, contractors or subcontractors in oormection with the services desoribed or referred to in this Agreement. 30. Assignment or Subcontracting: The Municipality shall not ass/gm, transfer, convey, subcontract or otherwise dispose of this Agreement, or an5: of its right, title or i~terest therein, or its power to execute this Agreement or assign ali or av_y po~ion of the monies that may be due or become due to the Municipality under the terms o£this Agreement, to any other person or oorporaffon, without the prior consent in writ/ng oftl~e County, and any attempt to do any of the foregoing without such consent shall be of no effecL Page 22 Entire ,Agreement: It is expressly agreed that this instrument represents file entire Agreement of the parties and that ali previous understandings are merged in this Agreement. 32. No Oral Changes: No modification of th(s Agreement shall be valid unless wTiiten in the form of an Addendum or Amendment signed by both parties. 33. Severabili~q No Implied Wah, er: a) It is expressly agreed that if any term or provision of this Agreement, or the application thereof to a~y person or circ~amstance, shall be held invalid or unenforceable to any extent, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and every other term and provision of this Agreement shall be valid and shall be enforced to t'he fulIest extent pemuitted by 1aw. b) No waiver shaI1 be inferred from any faille or forbearance of the County to enforce any provision of tlzis A~eement in any particular instance or instances, but the same shall otherMse remain in fuIl force and effect notTvithstanding any such faiIure or forbearance. ' 34. Independent Contractor: It is fi~ther agreed that MtmicipaIity's status under this Agreement sh~lI be that of an independer~t Conlractor. Neither the Municipality nor any person hked by the Municipality shall be considered an employee of the Coun~ for any purpose whatsoever. 35. Offset of Arrears or Default: The Municipality warrants that it is not, and shatl not be during the term of this Agreement, in arrears to the County for taxes or upon debt or conwact and is not, and shali not be during the term o~this Agreement, in default as surety, Municipality or otherwise on afly obligation to the Cohnty, and the Municipality agrees that the Co~znty may w/thhold the amount of any such arrearage or default from amounts payable to the Municipality under this Agreement. Page 23 36. Payments Contingent upon Federal Funding: Payments under this Agreement are subject to and contingent upon continued funding by HUD. If, for any reason, the amount of such _funding to the County for the Community DeveIopment B]ock Grant Program is redt~ced or not made available to the Cc~unty, this Agreement may be terminated in whole or in part, or the amount payaNe to the Municipality may be reduced, at the discretion of the County; provided that any such termination or reduction shall not apply to atiowable costs inoun'ed by the Municipality prior to such termination or reduction to the extent that such funding is avMIable to the County for payment of such costs; and provided, further, that the County shall give the Municipality 1ess than 30 days' prior written notice of such termina~on or reduction of ftmding. 37. Confidentiality: a) The Mnnicipality expressIy agrees to preserve the confidentiality of ail data and information shared, received, collected, or obtained as a result of this Agreement. No disclosure, redisclosure or release of such data or information is to be made, permitted, or enco,araged by the Municipality or its officers or employee% except as expressly authorized by law. It is further understood and agreed that no such data or information is to be used for personal benefit. The Municipality further agees that its employees shall be specifically insta-ucted in regard to the/r obligation to keep such data and ~n£ormation in confidence and their liability upon breach of confidentiality to ail the penalties prescribed by law. b) The Municipality fu~-~d2er agrees to ~mplement such procedures for safegmard/ng Lnformation, as the County shall require. The Municipality further agrees to indemnify and hold the County and the Department hannless aga/nst any loss, damage, cost or expense arising out of any suit, claim or demand which may be brought or made aga/nst the County or the Depa~lment by reason of a breach of these provisions. c) in add~t.'on~ the Mun~eipaiity a~'ees to maintain the confidentiality of al! infonmation in conforrr2ty with the provision o£ applicable local, State and Federal laws and regulations. Publications: The Municipality shall not issue or publish any book, article, announcement, report, manual, film, audio or video or computer tape, disk or program, or other publication, relating to the subject program without prior written perm/ssion from the County. Any such publication shall bear a statement actmowledging the cooperation and/or Page 24 fimding by tl:e CounV of Suffolk- Robert ,f. Gaffhey, County 39. Copyrights: If the work of the ~vfunicipa!ity under th~s Agreement should resMt in the production of origi:mI books, manuals, fHms~ audio or video or'computer tapes, disks or pro'grams, or other materials, for which a c~pyright may be granted, the Municipality may secure copyright protection. However, the County reserves, and the Municipality hereby gives to the County, and to any other municipality or government agency or Body designated by the Connty, a royalty-free nonexctusive license to produce, reproduce, publish, translate or other~ise use any such mater/als. 40. Patents: If the Mnnicipality under this Agreement makes any discovery or invention in ~he course of or as a result of work performed under th/s Agreement, the Municipality may apply for and secure for ffselfpatent protection. However, the County reserves, and the Municipality hereby gives to the County, and to any other municipality or govenmment agency or body designated by the County, a royalty-fi-ce, nonexclusive license to produce or otherwise use any item so discovered or patented. 41. Agreement SubJect To Appropriation of Fands: This Agreement is subject to the amount of funds appropriated and any subsequent modifica~ons thereof by tlne Suffolk County Legislature, and no IiaMlity shall be incurred by the County under this Agreement beyond the amount of funds appropriated By the Legislature for the program covered by this A~eement. 42. Insurance: a) The Municipality agrees to procure, pay the entire prem/um for and maintain fi~roughout the teton o£this Agreement insm'ance in amounts and types speci~ed by the County. Unless otherwise specif/ed By the County and a~eed to By the Mnnicipalffy, in wrk/ng, such insurance w~tI be as £ollows: Commercial General Liabili~ Insurance including contractual coverage, in an amount not less than Two Million DolI. m's ($2,000,000.00) combined single 1/mit for bodily injury and property damage per occurrence. Antomobile Liability Insurance (if any vehicles are used in the performance o£this Agreement) in an amount not/ess than Three Hundred Thousand Dollars ($300,000.00) combined single t/mit for bodily injury and Page 2 5 p-rope,~Cy damage per occurrence. Professional Liability/Errors and Omissions Insurance (if any professional services are used in performance of this Agreemen0 in an amount not less than Two Mfllion Dollars ($2,000,000.00) on either a per occm'rence or clai~ made coverage basis. Workers' Compensatio~ and Employer's Liability Insurance in compliance with all applicable New York State laws and re~lations and Disability Benefits Insurance if required by taw and shall have ~lmished to · e ConnW prior to iB execution of this A~eement the documentation requked by ~e State of New York Workers' Compensation Board of coverage or exemp6on fi'om coverage pursuant m ~ 57 and 220 of the Workers' Compensation Law. In accordance with General Mu~cipal Law ~ I08, this Agreement shall be void and of no effect unless the Con,actor shall provide and maintain coverage during the tem~ of this A~eement for the benefit of such employees as are requked to be covered by ~e provisions of the Workers' Compensa6on Law. b) All policies providing such coverage shalI be issued by insurance companies wkh an A.M. Best ra6ng orA- or be~er. c) The MunicipaiiW shall ~mish to the CounW ce~ibcates of insurance or, upo~ request, original policies. In the event that ~e M~icipaliW does not wish to provide original polides, the pa~es shall a~ee as to a mutual a~eement time ~d place for inspection of ofi~naI phc/es, evidencing co~liance M~ ~e aforesaid insurance requirements. In ~e case of co~aercial general EabiliW insurance and of any automobile insurance, said ce~ficates or other evidence of insurance shall name the County of Suffolk as an addi6onal insured. .M1 such ce~Ecates or other evidence of instance shall provide for the Coun~ of Suffolk ~o be a ce~icate holder and to be notified in ~itng ~ (30) days p~or to any c~cellation, non-renewal or material change. Such ce~icates, policies or other evidence of insurance and nofces shall be mailed to ~e Or, ce of Co~uniW Development a~ the ad&ess set fo~h in paragraph 46 of this Agreement. 43. Public Disclosure Statement: The Municipality represents and wan'ants that, unless exempt, it has filed with the Comptroller of Suffolk Conn?y the verified public disclosure statement required by Suffolk CounV Administrative Code Section A5-7 and shall tile an update of such statement with the said Compti'oller on or before 'the 31tt day of January in each year of this Agreement's duration. The Municipality acknowledges that such filing is a material, contracmaI and statutor7 duty and that the failure to file such statement shall constitute a material breach of this Agreement, for which the Page 2 6 CounT shah be entitled, 'upon a determination that such breach has occurred, to damages, in addition to all other remedies, of fifteen percent (15%) of the amount of the A~rsement (Such fi]ing is not required for a Municipal corporation). Termination: This A~eement is subject to official acceptance by the CounT and is further subject to tem~ination if(a) the Municipality fails to fulfill in a timely and proper manner its obligations under th~s Agreement, or if the Municipality becomes ba ~nk. mpt or insolvent or falsifies its records or reports, or misuses its funds from whatever source, the County may tem~inate this Agreement N whole or with respect to any identifiable part of the pro.am, effective immediately, or, at its option, effective at a later date specified in the notice of such temfnation to the Contractor or Co) the CounT shall deem it in its best interest to terminate this Ageement N whole or with respect to any identifiable part of the program, it shall have te right to do so by giving not less than thirty (30) days prior written notice to the Municipalil7. 45. Choice of Law: This A~eement shall be governed by New York law ~dthout regard to its Conflict of Law provisions. In any action or proceeding, legal, administrative or otherwise, venue shall be Suffolk ConnT, New York, or the Eastern District of New York for the U.S. DistricI Court. Notices and Contact Persons: a) Any communication, notice, claim for payment, report or other submission necessary or required to be made by the parties regarding this Agreement shall be deemed to have been duty made upon receipt by the ConnV or the Municipali~ or their designated representative at the following address or at such other address that may be specified in writing by the parties: For the CounT: Suffolk County Office of Co~,'rmaunity Development H~ Lee Dennison Building P.O. Box 6100 100 Veterans Highway Page 27 Hauppauge, Att: Co~uni~ Development Director as set froth on page one of this agreement and For the At the ad~ress set fm~h om page one of th~s Agreement a~ention of th~ person [vho ~xecuted this A~eement o~ such other desi~ee as the pa~es may agree in ~iing. b) Bach paz~ shall give prompt ~Een notice to the o~ez pa~ of the appoin~ent of successor(s) to fl~e designated contact person(s) cz his or her destituted successoy(s). c) Any conmmnicafion or notice regarding indenm~ficadon, re.nation or Iitigation shall be deemed to have been duly made upon ~eceipt by the parties at the following addresses, o~ at such other addresses that may be specified in ~¢ifing by the p~ies: For ~e ConnV: Suffolk Co~V Office of ComnniV Development H. Lee Dmm{son Building 100 Veterans ~ighway Hanppauge, N.Y. 1 t788. Core, iV Development Director as set fo~h on page one of this a~eement and Robert I. Cin~no, Count/Attorney Suffolk Conniy Department of Law H. Lee Dennison Building 100 Veterans Highway Hauppauge, N.Y. i 1788 and For ~e Mnnicipali%,: At the address set fo~h on page one of this A~eement, a~en~on of th~ person who executed this A~eement or such other designee as the parties may a~-ee in ~¢iling, Page 28 47. Fundm~ ~ de~J [h.~¢atmn. The Municipality shall keep the Counb~ apprised of any grants or sources of fimding received ~or the ?rogram as and may retain any such funding that results in e~tanceme~t of services and does not duplicate funding for the program covered by this Agreement. If the program covered by this Agreement is funded in whole or in part by other govenm~entaI agencies, it is agreed that the funding by the County nnder this Agreement shall be r~duced or refunded to the County to the extent that such other funding duplicates funding for the pro.am covered by this Agreement. 48. Effecth~e Dales: This A~eement shall commence on the date of grant approval by HUD, and shall tenm/nate (]) with the completion of ail the aforementioned CD Project(s), and (2) with acceptance by HUD of a final, audit. ENrD OF TEXT Page 29 EXHIBIT B PROJECT DESCRIPTION AND BUDGET CONDITIONAL APPROVALS ON USE OF FUNDS TOWN OF SOUTHOLD 2003 (YEAR 29) 1. Funds may be obligated or utilized for the payment of responsible administrative costs related to the planning and executiion of projects listed below and other related activities specified under 24 CFR 58.34 as exempt from environmental review requirements, including eligible planning, design and environmental activities. However, a determination must be documented in wirting that each activity or project is exempt and meets the conditions specified for such exemption under this section. 2. The obligation or utilization of funds for the activities shown below, except as provided under section (1), above, is prohibited without the further express written authorization of HUD through a Release of Funds: PROJECT NUMBER PROJECT DESCRIPTION NUMBER DESCRIPTION BUDGET 100403~14A-03 103601-05-03 104901-05L-03 105201-03F-03 105501-03M-03 105601-05-03 109901-21A-03 Cutchogue Rehabilitation/Drainage North Fork Housing Alliance Robert Perry Day Care Center Oysterponds Park North Fork Eady Learning Center Dominican Sisters Administration $5,000.0O 8,000.00 7,500.00 59,900.00 52,500.00 7,5OO.O0 15,000.00 Total Budget: 155,400.00 Page 30 EXHIBIT C Community Development Projects Town of Southold The projects attached hereto have been approved for the receip~t of federal Community Development Block Grant assistance. Project expenditures are not to exceed budgeted mount as described in Exhibit C plus assigned program income unless approved by the County. Page 31 0 0 0 i. /'P o ""~ ~ o © 0 LO $~°oo o z 0 0 CD o:,8 ~ ~ o.:~_- E~ o~ ~ ~o Eo_E ~o~ © 0 o c~ cz) 0 0 0 8 ~ o o LU "r ~ © '"4' CD © 0 LO 2 0 Suffoik County Legistative Requirements Exhibit for Contracts; last rev. 2/25/03 Community Development Suffolk County Legislative Requirements Exhibit for uonLracts This exhibit is attached to and is made pa/f'01;'the contract executed with the County. Gratuities o Suffolk County Local Law No. 32-1980, Chapter :~86 of the ,~uffotk County Code, entitled "Political Parties, Gifts to Officiats Of" (2 pages) Sexual Abuse Repoding Policy' Resolution hto, 543 -2002, Establishing Universal Child Sexual Abuse Reporting Policy for Suffolk COunty (4 pages) Resolution No. 819 -2002, Modifying Universal Child Sexual Abuse Reporting Policy for Suffolk County (2 pages) P~ge 33 Gratuities Page 34 §386-I GIFTS TO PARTY OFFICIALS §386-I CHAPTER 386 § 386-1. § 386-2. § 386-3. § 386-4. § 386-5. POLITICAL PARTIE~,_G'IFTS TO OFFiCiALS OF Definitions. Prohibited acts. Ctause required in all contracts. Penalties for offenses. Excepted contributions. . [HISTORY: Adopted by tlie Suffolk County Legislature 12-9-80 as L.L. No. 32-1980. A:mendments noted where applicable.] §386~1. Definitions. As used in this chapter, the following terms shall have meanings indicated: AGREEMENT -Any Written or oral contract or any implied contract, including but not limited to a contract for the sale of'goods or services, a construction contract or a 'lease or contract relating to real or personal property. The term "ag~:eement" shall also include any transaction whereby a person agrees to sell goods or services, Or both, to the county pursuant to a successful bid. GRATUITY -Any money, benefit, entertainment, gift or any other consideration whatsoever. OFFICIAL OF A POLITICAL PARTY -A party officer as defined by §1-I04, Subdivision 5, of the Election Law. PERSON -Any individual, partnership, firm, corporation or other legal entity, as welt as their employees, agents or representatives. POLITICAL PARTY -A party as defined by § 1-I04, Subdivision 3, of the Election Law. § 386-2. Prohibited acts. It shall be a crime for any person to offer or give any gratuity to an official of any F,-,,~,~-~, party with the purpose of '~' -' h,~e,,L of securing or obtaining an agreement with the County of Suffolk or securing favorable treatment with respect to the awarding or amending Of such agreement or the making of any determination with respect to the performance of an agreement. Page 35 it shall be a crime for an official of a politi.cal party to solicft, receive or accept-a gratuity in connection with securing or obtaining an agreement with t-he County of Suffolk or securing favorable treatment with respect to 'the awarding or amending of such agreement or the making of a determination with respect to the performance of such agreement.. § 386-3. Clause required in all contracts. ' In all agreements with the County of Suffolk made after the effective date of this chapter, there shall be written represen, taSon by the person entering the agreement with the county that he has not offered or given any gratuity to. any official, empIoyee or agent of Suffolk County or New York State or of any political party, with the purpose or intent of securing an agreement or securing favorable ~:re. atment with respect to the awarding or amending of an agreement or the making of any determinations with respect to the performance of an agreement, and that such person has read and is familiar with the provisions of this chapter. § 386-4. Penalties for offenses. Criminal. A violation of §386-2 of this chapter shall be a ClasS A misdemeanor and shaIl be punishable by a sentence of not more than one (1)year in prison or a fine of not more than one thousand dotlars ($I ,000) or by both such fine and imprisonment. Civil remedies. A violation of § 386-2 or 386-3 of this chapter shall give the county the option, among other civil remedies, of either terminating the agreement or deducting the value of the gratuity from any amount due or to become due from the county ther.eunder. §386-5. Excepted contributions. ThiS chapter shall not apply to contributions to political parties, committees or candid_ares as defined by § 14-100, Subdivision 9, of the Election Law. Such contributions shall be excluded from and shall not be in violation of this chapter. Page 36 Child Sexual Abuse Reporting Policy- The Contractor agrees to comply with the foItowing Suffolk County resolutions, as now in effect or amended hereafter or of any other Suffolk County Local Law that may become applicable during the term of this A~reement with regard' to child sexual abuse reporting policy. Resolution No. 543 - 2002, Estab'lishing Universal Child Sexual Abuse Reporting Policy for Suffolk County (4 pages) Resolution No. 819 -2002, Modifying Universal Child Sexual Abuse Reporting Policy for Suffolk County (2 pages) Page 37 Tntro. Res. No. !508-2002 4/25/2002 Laid on the Table Introduced by Legislators Cooper, Postal, Bishop, Fisher, Fields, Lindsay, Binder, Foley, Presiding Officer Tonna, Nowick, Caracciolo, Caracappa, Crecca RESOLUTION NO. 543 - 2002t ESTABLISHING ' UNIVERSAL CHILD SEXUAL, ABUSE REPORTING POLICY FOR SUFFOLK COUNTY WHEREAS, innocent children are in urgent need of protection against sexual abuse within the County of Suffolk; now, therefore be it ~.~ RESOLVED, that the County of Suffolk hereby establishes a formal child sexual abuse reporting policy as follows: A.) Each county DePartment that has a contract or agreement with any individual, partnership, corporation, joint venture, business organization, or other entity which receives payments from the County of Suffolk, either directly or ~s a conduit for payment from another level of government, shall notify such individual, partnership, corporation, joint venture, business organization, or other entity that Suffolk County requires full compliance with the reporting and disclosure provisions of Paragraph (D) of this Resolved clause, as a condition precedent to receipt of such payment and continuing receipt of such payment, in those instances in ~hich an allegation has been made of sexual abuse of a minor by any employee or member of such contract vendor, including any member of the clergy, involving any of the following sex offenses: 10 Rape in the third degree, Section 130.25 Cless than seventeen (17) ,/ears old) of the NEW YORK PENAL LAW; 2.) ' Rape in the second degree, Section 130.30 (less than fourteen (14) years old) of the NEW YORK PENAL LAW; 3.) Rape in the first degree, ~ection 130.35 (less than eleven (11) years old) of the NEW YORK PENAL LAW; 4.) Sodomy in the third degree, Section 130.40 (less than seventeen (17) years old) of the NEW YORK PENAL LAW; 5.) Sodomy in the second degree, Section !30.45 (tess than fou~een (t4) years old) of the NEW YORK PENAL LA, W; Sodomy in the first degree, Section 130.50 (less than eleven (il) years old) of the NEW YORK PENAL LAW; Sexual abus'e in the third degree, Sectior~ 130.55 (tess than seventeen (17) years old) of the NEW YORK PENAL LAW; 8.) Sexual abuse in the second degree, Section 130.60 (tess than fourteen (14) years c~ld) of the NEW YORK PENAL LAW'; 9.) Sexual abuse in the first degree, Section 130.65 (less than eleven (ll) years old) of the NEW YORK PENAL LAW; 10.) Aggravated sexual abuse in the third degree, Section 130.66 (4ess than eleven (!1) years old) of the NEW YORK PENAL LAW; i!.) Aggravated sexual abuse in the second degree, Section 130.67 (tess than eleven (11) years old) of the NEW YORK PENAL LAW; 12.) Aggravated sexual abuse in the first degree, Section 13~).70 (less · than eleven (1i) years old) of the'NEW YORK PENAL LAW; 13.) Course of sexual conduct against a child in the first degree,' Section 130.75 (tess than eleven (!1) years old) of the NEW YORK PENAL LAW; and s.) c,) 140 Course of sexual conduct against a child in the second degree, Section i30,80 (less than eleven (:il} years old) of the NEW YORK PENAL LAW; iS.) i6.) Sexual misconduct, Section t30.20 (sexual intercourse without consent) of the N~:W YORK PENAL LAW; Forcible touching, Section 130.52 (sexual or intimate parts) of the NEW YORK PENAL LAW; 17.) 18.) Persistent sexual abuse, Section 130..53 (two (2) or more convictions within the past ten (::[0) yeats for less than seventeen (:i7) years old or fourteen (:i4) years old) of the NEW YORK PENAL LAW; Aggravated sexual abuse in the fourth degree, Section 130.65-a (less than seventeen (17) years old) of the NEW YORK PENAL LAW; 19.) Female genital mutilation, Section t30.85 (less than. eighteen (18) years old non-medical procedure) of the NEW YORK PANEL LAW; 20.) Facilitating a sex offense with a controlled substance, Section I30.90 (without consent to commit a felony) of the NEW YORK PENAL LAW For the purposes of this Resolution, clergy shall mean a duly authorized bishop, pastor, rector, priest, rabbi, minister, imam, nun, or a person having authority from, or in accordance with, the rules and regulations of the governing ecclesiastical body of the denomination or order, if any, to which the church belongs, or otherwise from the church, synagogue, or mosque to preside over and direct the spiritual affairs of the church, synagogue, or mosque, as the case may be; Minor shall mean anyone under the age of eighteen (18) years of age; Afl supervisory, administrative, or management employees of any individual, partnership, corporation, joint venture, business organizatior), or other entity receiving payment from the County of Suffolk, either directly or as a conduit for payment from another level of government, under agreement or contract with the County of Suffolk, shall report, or cause a report to be mad~ to the New York State Child Protective Services Child Abuse Registry at :i-800-342-3720 when he, she, or it has reasonable cause to suspect that a minor coming before them is or has been the victim of sexual abuse, or when another person or clergy person comes before them and states from personal knowledge facts, conditions, or circumstances, which, if correct, would render the minor a victim of sexual abuse under any of the following sex offenses, said reporting to occur wi!:h[n forty-eight (48) hours after forming the reasonable cause or first learning of the allegations: ~=m= ,u u,= ~,,~u degree, 130,25 (less u~:,~ seventeen (17) years oid) of the NEW YORK PENAL LAW; 2.) 3.) Rape in the second degree, Section 130.30 (tess than fourteen (14) years old) of the NEW YORK PENAL LAW; Rape in the first degree, Section 130.35 ([ess than eleven (11) years old) of the NEW YORK PENAL LAW; 4.) Sodomy in the third degree, Section 130,40 (less than seventeen (17) years oId) of the NFW YORK PENAL LAW; s.) Sodomy in the second degree, Section i30.45 (tess than fourteen (i4) years old]) of the NEW YORK PENAL LAW; 6.) Sodomy in the first degree, Section 130.50 (less than eleven (!i) years old) of the NEW YORK PENAL LAW; Page 39 F.) C-.) 7.) Sexual abuse in the third degree, Section 130,5.5 (less than seventeen (17) years old) of the NEW YORK PENAL LAW; Sexual abuse [n the second degree, Section 130.60 (less tha0 fourteen (14) years old) of the NEW YORK PENAL LAW; 9.) Sexual abuse in the first degree, Section i30.65 ([ess than eleven (11) years oId) of the NEW YORK PENAL LAW; 10.) Aggravated sexual abuse in the third degree, Section 130.66 (less than eleven (!1) years old) of the NEW YORK PENAL LAW; 1t.) Aggravated sexual abuse in the second degree, Section 130.67 (less than eleven (11) years old) of the NEW YORK PENAL LAW; 12.) Aggravated sexual abuse in the first degree, Section 130,70 (fees than eleven (11) years old) of the NEW YORK PENAL LAW; 13.) Course of sexual conduct against a child in the first degree, Sec.tion 130.75 (less'than eleven (11) years old) of the NEW YORK PENAL LAW; and 140 Course of sexual conduct against a child in the second degree, Section 130.80 (tess than eleven (1i) years old) of the NEW YORK PENAL LAW; I5.) Sexual misconduct, Section 130.20 (sexual intercourse without consent) of the NEW YORK PENAL LA, W; i6,) Forcible touching, Section 130.52 (sexual or intimate parts) of the NEW YORK PENAL LAW; I70 Persistent sexual abuse, Section !30.53 (two (2) or more convictions within the past ten (10) years for less than seventeen (17) years old or fou~een (14)'years old) of the NEW YORK PENAL LAW; i8.) Aggravated sexual abuse in the fourth degree, Section 130.65-a (less than seventeen (t7) years old) of the NEW YORK PENAL LAW; 19.) Female genital mutilation, Section 130.85 (less than eighteen years old non-znedical, procedure) of the NEW YORK PANEL LAW; 200 Facilitating a sex offense with: a controlled substance, Section 130.90 (without consent to commit a felOny) of the NEW YORK PENAl LAW; - Whenever a clergy person is required'to report under this Resolution, in his or her capacity as a member of the clerqv.' he or she shall immaa ~{'= v n~ = ~-- person in charge of such church, synagogue, or mosque, or his or her designated agent, who shall then also become responsible to report or cause reports to be made to the New York State Child Protective Services Child Abuse R.egistw at 1-800-432-3720 when. he or she has reasonable cause to suspect that a minor coming before them is 6r has been the victim of sexual abuse, or when another Clergy person comes before them and states from personal knowledge facts, conditions, or circumstances, which, if correct, would render the minor a victim of sexual ab. use; No information derfved from a confession or confidential communication ~o a ciergyman ah'all be disclosed pursuant to the requirements of this Resolution if the confession or confidence is made to the clergyman in his or her professional capacity as a spiritual advisor, unless (he person so confessing or confiding waives this privilege; All contract vendors covered by this Resolution shall inform all of their employees in writing as to the disclosure .requ rements of this Resolution and Page 40 :: shall also inform them that each of them must report any allegations of child abuse covered in paragraph {Al of the 1~t RESOLVED clause of this Resolution to SUpervisory, management, or designated administrative personnel of the employer; and be it further 2~d RESOLVE.D, that failure to comply with the terms and conditions of this Refolution shall result in the following: A.) First violation: the contract vendor shall be issued a warning and a![ supervisory, administrative, and management employees of such contract vendor shall be required to attend a child sexual abuse prevention/education workshop provided by a contract agency approved by the County, of Suffolk via duly enacted Resolution which workshop shall include specific si<ills for adults to help prevent childhood sexual abuse; skills that adults can teach chitdren to help protect themselves From childhood s~xual abuse; skiIts for detecting the signs of childhood sexual abuse; and .how to repor~ allegations of childhood sexual abuse. The cost of this training shall be paid fo~ by the contract Vendor. In addition, the contract vendor shall submit a corredive plan of action ~o the Suffolk County Office of Labor Relations; Second violation within a three (3) year period subsequent to a first violation: the contract vendor shall be subject to a fine of ten (10%) percent of the contracts that the pertinent violating individual supervisor, manager, or administrator oversees, not to exceed Fifty Thousand ($50,0'00.00) DoItars. addition, the contract vendor shall be put on probation for three (3) years. An annual review shall be conducted by the Suffolk County Department of Audit and Control; c.) Third violation within a three (3) year period subsequent to a first violation: the termination of the agreements with such individual, partnership, corporation, joint venture, business organization, or other entity overseen by the pertinent violating individual supervisor., manager, or administrator and the withholding of all payments :to said individual, partnership, corporation, joint venture, business organization, or other entity for such agreements regardless of whether such payments are for past or future goods or services. The contract vendor shall not be eligible for funding from the County for three (3) years from the date of such termination; and be it further 3~d RESOLVED, that the Suffolk County Department of Law is hereby authorized, empowered, and directed to issue and promulgate such rules and regulations as shall be deemed necessary and appropriate to implement the provisions of this Resolution; and be it further 4th RESOLVED, that this Legislature, being the State Environmental Quality Review Act (SEQRA) lead agency, hereby finds and determines that this resolution constitutes a Type II action pursuant to Section 617.5(c)(20) and (27) of Title 6 of the NEW YORK CODE OF RULES AND REGULATIONS {6 NYCRR) and within the meaning of Section 8-0109(2) of the NEW YORK ENVIRONHENTAL CONSERVATION LAW as a promulgation of regulations, rules, policies, procedures, and legislative decisions in connection with continuing agency administration, management and information collection, and the Suffolk County Council on Environmental Quality (CEQ) is hereby directed to circulate an'/appropriate SL~,,~ notices ~ determination of ....... .... n ~,,~ab.I,~ ~ ~-~i~ ~i~ i~ ~4~ with this resolution. DATED:}une tl, 2002 APPROVED BY: /s/ Robert .l. Gaffney County Executive of Suffolk County Date of Approvah }une 21, 2002 Page 41 Intro. Res. No. 1862-2002 Introduced by Legislator Cooper Laid on the Table 8/6/2002 RESOLUTION NO, 819 - 2002., HODiFYiNG UNIVERSAL ~OUN~ .... REP~R,~NG P~L~ FO~SUFFOLK WHEREAS, Resolution No. 543-2~~ established A 0n[versal Child Sexual Abuse RepoSing Policy for Suffolk County, a central component of which provided for repo~s to be made to the New York State Child Protective Semi{es Chiid Abuse Registry; and WHEREAS, the Suffolk County Child Sexual Abuse Task Force 'has recommended a change in that point of contact by suggesein9 a return to the original version of the Legislation; now, therefore be [t ~st RESOLVED, that Paragraphs (D) and (El of the 1'~ RESOLVED clause of Resolution No. 543-~002 is hereby amended to read as follows: D.) All supervisory, administrative, or management employees of any individual, partnership, corporation, joint venture, business organization, or other entity receiving payment from the County of Suffolk, either directly or as a conduit for payment from another level of government, under agreement or contract with the County of Suffolk, shall report or cause a report to be made to 911 or the pertinent village, town, or count-y_Po[ice Department when he, she, or it has reasonable cause to suspect that a minor coming before them [s or has been the victim of sexual abuse, or when another person or clergy person comes before them and states from personal knowledge facts~ conditions, or circumstances, which, if correct, would render the minsP a victim of sexual abuse under any of the following sex offenses, said reporting to occur within twenty-four (24) hours after forming the reasonable cause or first learning of the allegations: 1.) 2.) 3.) 4.) s.) s.) 9.) ~0.) 11.) Rape in the third degree, Section 130.25 (Jess than seventeen (!7) years old) of the NEW YORK' PENAL LAW; Rape [n the second degr:ee, Section I30.30 (less than fourteen (:[4) years old) of the NEW YORK PENAL LAW; Rape in the first degree, Section 130.3,5 CJess than eleven (11) years old) of the NEW YORK PENAL LAW; Sodomy in the third degree, Section 130.40 (less than seventeen (17) years old) of the NEW YORK PENAL LAW; Sodomy in the second degree, Section 130.45 (less than fourteen (14) years old) of the NEW YORK PENAL LAW; $odo~¥ in the first degree, Section 130.50 (less than eleven years old) of the NEW YORK PENAL LAW; Sexuel abuse in the third degree, Section 130.55 (tess than seventeen (17) years old) of the NEW YORK PENAL LAW; Sexual abus~ in the second degree, Section I30.60 ('less than fourteen (14) years old) of the NEW YORK PENAL LAW; Sexual abuse in the first degree, Section 130.65 (less than eleven (11) years old) of the NEW YORK PENAL LAW; Aggravated '~sexual abuse in the third degree, Section 130.66 (Jess than eleven {11) years old) of the NEW YORK PENAL LAW; Aggravated sexual abuse in the second degree, Section 130.67 (less than eleven (11) years old) of the NEW YORK PENAL LAW; Page 42 12.) Aggravated sexual abuse in the first degree, Section 130.70 (less than eleven (11) years old) of the NEW YORK PENAL LAW; 13.) Course of sexual conduct against a child in the first degree, Section 130.75 (less than eleven (1~_) years old) of the NEW YORK PENAL LAW; and 140 Course of sexual conduct against a child in the second degree, Section 130.80 (less than eleven (11) years old) of the NEW YORK PENAL LAW; I50 Sexual misconduct~ Section 130.20 (sexual intercourse without consent) of the NEW YORK PENAL LA, W; 16.) Forcible touching, Section i30.52 (sexual or intimate parts) of the NEW YORK PENAL LAW; 17.) Persistent sexual abuse, Section 130.53 (two (2) or more convictions within the past ten (10) years for less than seventeen (I7) years old or fourteen (14) years old) of the NEW YORK PENAL LAW; t8.) Aggravated sexual abuse in the fourth degree, Section 130.65-a (less than seventeen (17) years old) of the NEW YORK PENAL LAW; 19.) Female genital mutilation, Section 130.85 (less than eighteen (18) years old non,medical procedure) of the NEW YORK PANEL LAW; 20.) Facilitating a sex offense witil a controlled substance, Section 130.90 (without consent to commit a felony) of the NEW YORK PENAL LAW; E.) Whenever a clergy person is required tO report under this Resolution, in his or her capacity as a member of the clergy, he or she shall immediately notify the person in charge of such church, synagogue, or mosque, or his or her design'ated' agent, who shall then also become responsible to report or cause reports to be made to 9:1_1 or the pertinent village, town, or county Police Department when he or she has reas6nable cause to suspect that a minor coming before them is or has been the victim of sexual abuse, or when another clergy person comes before them and states from personal knowledge facts, conditions, or circumstances, which, if correct, would render the minor a victim of sexual abuse; and be it further 2n:i RESOLVED, that all other provisions of Resolution No. 543-2002, as amended, shall remain in full force and effect; and be it further 3rd RESOLVED, that this Legislature, being the State Envi.ronmental Quality Review Act (SEQ.P,A) lead agar.o/, hereby finds and determines that this resolution constitutes a Type ii action pursuant to Section 6t7.5(c)(20) and (27) of Title 6 of the NEW YORK CODE OF RULES AND REGULATIONS (6 NYCRR) and within the meaning of Section 8-0109(2) of the NEW YORK ENVIRONHENTAL CONSERVATION LAW as a promulgation of regulations, rules, policies, procedures, and legislative decisions in connection with continuing agency administration, management and information collection, and the Suffolk County C~uncil on Environmental Quality (CEO,) is hereby directed to circulate any appropriate SEqRA notices of determination of non-applicability or non-significance in accordance with this resolution. DATED: August 28, 2002 APPROVED BY: /s/ Robert 3. Gaffney County Executive of Suffolk County Date of Approval: September 10, 2002 Page 43