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Suff Co/Comm Dev 2000
2000 COMMUNITY DEVELOPMENT AGREEMENT THIS AGREEMENT, is between the COUNTY OF SUFFOLK, a municipal corporation of the State of New York, with principal offices located at the County Center, Riverhead, New York, 1190i (hereinafter referred to as the "COUNTY"), active through its duly constituted Office of Cmranunity Development, located at H. Lee Dennison Building, 1 ltl~ Floor, Veterans Memorial Highway, Hauppauge, N.Y. 11788, Hauppauge, N.Y. 11788, and the TOWN OF SOUTHOLD a municipal corporation of the State of New York, located at Town Hall, P.O. Box 728, 53095 Main Road~, Southold N.Y. 11971 (referred to as the "MUNICIPALITY"). The MUNICIPALITY above named has heretofore expressed its desire to undertake or assist in undertaking essential cormnunity development and housing assistance activities as set forth in the Housing and Community Development Act of i974, as amended (hereinafter referred to as "the Act"); and The parties heretofore have entered into a cooperative agreement for said pm-poses; and 'The COUNTY has received and accepted a grant from the U.S. Department of Housing and Urban Development (hereinafter referred to as "HUD") for the purposes of the Act pursuant to Resolution No. 282 of 2000; and The parties desire to undertake various eligiMe activities under the Act; TERM OF AGREEMENT: As provided in paragraph 28 of Attachment I. TERMS AND CONDITIONS: Shall be set forth in Attachment I, and Exhibits A through C. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the latest date written above. TOWN OF SOUTHOLD ttc~ Jean W. Cochran Town Supervisor O COUNTY OF SUFFOLK Chief Deputy County Executive Date Ff'!il. 1. $' 2000 APPROVED: OFFICE OF COMMUNITY Barbara Mack Assistant/Directo7 APPROVED AS TO FORM NOT REVIEWED AS TO EXECUTION Robert J. Cimino Suffolk County Attorney Marisa G; l(,larletti Assistant County Attorney Paragraph 1. 2 3. 4. 5. 6. 7. 8. 9. 10o 11. 12. 13. 14, 15. 16. 17. 18. 19, 20. 21. 22. 23. 24. 25. 26. 27.' 28., 29. Community Development Agreement Table of Contents Page Purpose ................................................................................... 3 Grant Administration ........ i ......................................................... 3 Funding ................................................................................... 3 Performance ...................................................... : ...................... 5 County-Municipality Relationship ................................................... 6 Citizen Participation ................................................................... 6 Flood Disaster Protection ....· ......................................................... 7 Equal Employment Opportunity and Affn-mative Action.., ...................... 8 Lead Based Paint Hazard .............................................................. 12 Fire Prevention Act .................................................................... 12 Compliance with Air and Water Acts ............................................... 12 F, ederal Labor Standards Provisions ................................................ 13 Non-Discrimination ............................................. : ...................... 14 Relocation Assistance and Acquisition of Real Property: .......................15 Consolidated Plan ...................................................................... 15 Displacement ................. ' ........................................................... 16 Obligations of Municipality and Third Party Relationships .....................16 Conflict of Interest ' .19 Books and Records of Accounting ........................... ' ........................ 20 Equipment ...................... · ......................................................... 23 Use of Federal Funds for Lobbying ................................................. 23 Political Activities ...................................................................... 24 Constitutional Prohibition ...................................... ' ....................... 24 Indemnification ......................................................................... 24 No Assignments .............. , ......................................................... 24 Merger and No Oral Modification Clause ......................................... 25 Severability .............................................................................. 25 Effective Dates .................................................. i ....................... 25 Choice of Law ........................................................................... 25 2 ATTACHMENT I 1. PURPOSE The MUNICIPALITY, for the consideration herein provided, agrees to complete in the most substantial workmanlike manner the con~rnunity development project(s) as described in Exl'fibits "A" and "C", attached hereto and made a part hereof (hereinafter referred to as "CD Project(s)". CD Projects shall not be located outside the boundaries oft_he MUNICIPALITY without the written approval of the COUNTY and the affected jurisdictiorl. 2. GRANT ADMINISTRATION 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 Agreement, that all grant responsibilities have been met and are in accordance with applicable regulations. Upon such certification, the COUNTY will give notice authorizing the MUNICIPALITY to begin CD Project(s). B) SUPERVISION: It is agreed that the nature and extent of the CD Project(s) undertaken pursuant to this Agreement shall be subject to the g~neral supervision of the COUNTY. The COUNTY as applicant i~ primarily responsible for the program. The MUNICIPALITY agrees to comply fully with rules, regulations, criteria, guidelines and expenditure controls heretofore adopted or to be adopted by the COUNTY and Federal Governments pursuant to law. 3. FUNDING A) BUDGET: The MUNICIPALITY represents and agrees that the Budget, as listed in Exhibit "A", attached hereto and made a part hereof plus program 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) LIMITATIONS: Payments to the MUNICIPALITY are limited to funds deposited with the COUNTY pursuant to the Federal grant. Said payment to the MUNICIPALITY shall be for approved project expenditures, not to exceed the budget as listed in Exhibit A plus assigned program income. The MUNICIPALITY shall not be reimbursed for any project or part thereof, other than administrative activities, which occurred prior to HUD's "Notice of Removal of Grant Conditions and Release of Funds." (See Exhibit A). Activities which require compliance with Federal regulations 24 CFR Part 58 environmental standards precedent to. Release of Funds are attached hereto as Exhibit "A" and made part hereof, this includes the filing for Environmental Review as appropriate. Compliance with Environmental regulations shall also apply to all new or revised activities developed subsequent to Exhibits A and C. Executive Order 12372 requires that Community Development projects for planning, construction, reconstruction, rehabilitation or installation of water or sewer facilities (including storm sewers and sanitary sewers) must be submitted for review and comment by the New York State Clearinghouse and the Long Island Regional Planning Board prior to implementation. The MUNICIPALITY shall not be reimbursed for any project or part thereof, which occurred prior to the expiration of the review and comment period. Activities subject to compliance with Executive Order 12372 are indicated in Exhibit A. Compliance with Executive Order 12372 shall also apply to all new or revi§ed activities developed subsequent to Exhibits A and C. C) 'BUDGET MODIFICATIONS: If requested by the MUNICIPALITY, the COUNTY may increase or decrease the cost of any CD Project(s), subject applicable HUD regulations and approval by the COUNTY, with the understanding that the total allocated to the MUNICIPALITY, as specified in Exhibit "A" hereof, shall remain unchanged unless such change is approved by the COUNTY, and provided that the funding committed does not exceed the amount of grant award plus assigned program income. 4 D) PAYMENTS OF EXPENDITURES: The COUNTY agrees to pay the MUNICIPALITY for actual costs incurred pursuant to this Agreement on receipt of claims submitted on the COUNTY's Standard Voucher, together with sufficient substantive data (e.g., copies of cancelled checks, paid receipts, contracts for sale of real property, certified payrolls), in accordance with procedures to be presented by the Suffolk County Comptroller. All claims for payment are to be submitted within thirty (3 0) days after the close of the month in which the expenditure was made. Claims are subject to adjustments or audit by authorized personnel of the COUNTY, State, or Federal Governments. E) ADVANCE PAYMENTS: Upon written'request of the MUNICIPALITY, the COUNTY may authorize advances of Federal funds in anticipation of actual expenditures, in order to meet Municipal payrolls or subcontractor expenses in a timely manner. This request shall be submitted by the MUNICIPALITY, on a form specified by the COUNTY. F) PAYMENT SCHEDULE: Payment of ail vouchers shall be according to a schedule prescribed by the COUNTY, provided funds are authorized for that purpose from the Federal Government. All claims presented shall be on Standard COUNTY Vouchers, in a form prescribed by the COUNTY,' subject to adjustments or audit by authorized personnel of the COUNTY, State of Federal Governments. Any' funds advanced but not e. xpended at the end of the contract period shall immediately be due and owing to the COUNTY. 4. PERFORMANCE The MUNICIPALITY agrees to begin work on its CD Project(s) within a reasonable time after the effective date of this contract and will attempt to complete all CD Project(s) within eighteen (18) months of the effective date of this contrac, t. If the MUNICIPALITY's performance lags substantially behind that of other Consortium members, the COUNTY may take the following actions either singularly or in combinatior/: 5 l) 2) 3) 4) 5) 6) 7) 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. Require the MUNICIPALITY to demonstrate to thg COUNTY that the MUNICIPALITY has the capacity to carry out CD Project(s) in a timely manner. Require the MUNICIPALITY to submit to the COUNTY progress schedules for completing CD Project(s). Issue a letter of warning to the MLrNICIPALITY a~lvising that more serious sanctions will be taken if the deficiency is not corrected or is repeated. Require the MUNICIPALITY to suspend, discontinue or not incur costs for CD Proj ect(s). Condition the MUNICIPALITY's allocation of Community Development funds in the succeeding year. Reduce the MLrNICIPAI~ITY's allocation of Community DeVelopment 'funds in the succeeding year. 5. COUNTY-MUNICIPALITY RELATIONSHIP The relationship of the MUNICIPALITY to the COUNTY shall be governed as expressly provided for in the Suffolk County Cooperation Agreement and this Agreement. 6. CITIZEN PARTICIPATION The MUNICIPALITY agrees to provide citizens with adequate information concerning the amount of funds available for proposed Community Development projects, the range of eligible activities, and other important program requirements. The MUNICIPALITY also agrees to provide citizens with adequate opportunities to articulate f~eeds, express preferences about proposed activities, assist in the selection of priorities, and otherwise assist and participate i'n the development of the Housing and Community Development Program. Pursuant 6 to this requirement, each MUNICIPALITY shall hold at least one public bearing during the annual application preparation period, prior to the submission to HUD. The COUNTY shall also hold at least one presubmission public hearing. 7. FLOOD DISASTER PROTECTION This Agreement is subject to Section 202(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4106) which provides that no Federal officer or agency shall approve any financial assistance for acquisition or construction purposes (as defined under Section 3(a) of said Act (42 U.S.C. 400(a)), one year after a community 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 having special flood hazards unless the community in which such area is situated is then participating in ~the National Insurance Program. Notwithstanding the date of HUD approval of the recipient's submission of the grantee's final statement, funds provided under this part shall not be expended for acquisition or construction purposes in an area that has been identified by 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 noffication to the community regarding such hazards; and flood insurance is obtairied in accordance with Section 102(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001). Any contract or agreement for the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement shall contain, if such land is located in an area identified by the Federal Government as having special flood hazards and in which the sale of fiood insurance has been made available under the Flbod Insurance Act of 1968, as amended, 42 USC 4001, et. seq., provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, sudh flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be required, 7 notwithstanding the fact that the construction on such land is not itself fuhded with assistance provided under this Agreement. o EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVI2 ACTION AMENDED: A) ACTIVITIES SUBJECT TO EXECUTIVE ORDER 11246, AS In carrying out the program, the MUNICIPALITY shall n6t discriminate against any employee or applicant for employment because of race, color, religion, sex, age or national origin. The MUNICIPALITY shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, age, or national origin. Such action, shall include, but not be limited to, the following: employment, upgrading, demotion or transferi recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and .selection for training, including apprenticeship. The MUNICIPALITY shall post in conspicuous places, available to employees and applicants to employment, notices to be provided by the Federal Government setting forth the provisions of this non-discrimination clause. The MUNICIPALITY shall state that ail qualiSed applicants will receive consideration for employment without regard to race, color, religion, sex, age, or national origin. The MUNICIPALITY shall incorporate the foregoing requirements of this Subparagraph A in all of its contracts for program work, except contracts governed by Subparagraph B of this Paragraph, and will require ali of its contractors for such work to incorporate such requirements in all subcontracts for program work. The MUNICIPALITY shall have its own Affirmative Action Plan which meets Federal requirements on file with the COUNTY Commurfity Development Office and approved by HUD or be bound by a Consortiumwide Affirmative Action Plan developed by the COUNTY and applicable to local personnel '.funded with Community Development Block Grant funds. The COUNTY Community Development Director shall be designated as the Consortium's Affirmative Action Officer. Separate Community Development Agencies, will be required to develop and implement their own Affirmative Action Plan, unless such a plan has already been developed 8 and approved by HUD. The Agency's Plan must be submitted to the U.S. Department of Housing and Urban Development for its review and approval. If the Plan is not acceptable to the COUNTY or HUD, the Community Development Agency will be required to submit a revised Ptan(s), until approved by HUD. All employees of the MUNICIPALITY paid with CDBG funds must meet all New York State Civil Service Requirements for employment; however,' this provision shall not apply to any Community Development Agency or its employees. B) CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246, AS AMENDED: Such contracts shall be subject to HUD Equal Employment Opporttmity regulations at 24 CFR Part 130 applicable to HUD-assisted construction c6ntracts. The MUNICIPALITY shall cause or require to be inserted in full in any non-exempt cot/tract and subcontract for construction work, or modification thereof, 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 contrac~tor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age or national origin. The contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during employment, without regard to their race, color, religion, sex, age, or national origin. Such action shall include, but not be limited to, the following: employmentl upgrading, demotion or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for emi~loyment, notices to be provided by the contracting officer setting forth the provisions of this non- discrimination clause. 2. The contractor will, in all solicitations for advertisements for ' employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, or national origin. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to. be provided by the contract Compliance Officer advising the said labor union or workers representatives of the contractor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 9 The contractor will comply with all provisions of Executive Order 11246 of September 24, ]965, and of the rules, regulations, and relevant orders of the Secretary of Labor. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965; 24 CFR 570.60; and 24 CFR 570.605; and by the rules, regulations, and orders of the Secretaries of Labor and Housing and.Urban Development, or pursuant thereto, and will permit access to his books, records and accounts by the Federal Government and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. In the event of the contractor's non-compliance with the non discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or Federally assisted construction contract procedures authorized iri Executive Order 11246 or September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. The contractor will include the portion of the sentence immediately preceding Paragraph 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issues pursuant to Section 204 of Executive Order 11246 of September 24, 1965, 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 Government may direct as a means of enforcing such provisions, including sanctions for non-compliance; providing, however, that in the event a contractor becomes involved in, or is threatened with, litigation with 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 litigation to protect the interest of the United States." The MUNICIPALITY further agrees that it will 'be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally-assisted construction work; provided, however, that if the MUNICIPALITY so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The MUNICIPALITY agrees that it will assist and cooperate actively with the Federal Government and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regul.ation, and relevant orders of~e Secretary of Labor; that it will furnish the Department and the Secretary of Labor 10 such information as they may require for thc supervision of such compliande and that it will otherwise assist thc Federal Government in thc discharge of its primary responsibility for securing compliance, Thc MUNICIPALITY further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 with a contractor debarred from, or who has not demonstrated eligibility for, Oovermment contracts and Federally- assisted construction contracts pursuant to the Executive Order and will cai-fy out such sanctions and penalties, for violation of the equal opportunity clause by any Government 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 Government may take any or 'all of the following actions: cancel, terminate, or suspend in whole or in part the grant or Ioan'guarantees; refrain from extending any further assistance to the MUNICIPALITY under the program with respect to which the failure or refusal occurred until the satisfactory assurance of furore compliance has been received from such MUNICIPALITY, and refer the case to the Department of Justice for appropriate legal proceedings. C) SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT The MUNICIPALITY shall comply with Section 3 of the Housing and Urban Development Act of 1968 as same may be amended from time to time. In~ planning and carrying out Community Development projects, the MUNICIPALITY shall 6nsure, to the greatest extent feasible, that opportunities for training and employment be given to lower income persons residing within the boundaries of the COUNTY consortium and that contracts for work on Cormnunity Development projects be awarded to eligible business concerns which are located in. or owned in substantial part by persons residing within the boundaries of the consortium. The MUNICIPALITY shalI cause or require to be inserted in full, in all contracts and subcontracts for work financed in whole or in part with assistance provided under this Agreement, the Section 3 clause set forth in 24 CFR 135.20(b). The MUNICIPALITY shall 11 provide such copies of 24 CFR Part I35 as may be necessary for the information of parties to contracts required to contain the Section 3 clause. 9. LEAD BASED PAINT HAZARDS The construction or rehabilitation of residential structures with assistance provided under this Agreement is subject to the requirements of 24 CFR Part 35, subparts A, B and R and subparts C through M when appli~able. Any rehabilitation or acquisition of residential structures by the MUNICIPALITY with assistance provided under this Agreement shall be made subject to Lead-Based Paint Poisoning Prevention, and the MUNICIPALITY shall be responsible for notifications, certified hazard evaluations, certified hazard reduction, certified safe construction work places, certified clearances and record keeping. 10. FIRE PREVENTION AND CONTROL ACT Housing assistance provided in the form of a grant, contract, loan guarantee, cooperative agreement, interest subsidy, interest or direct appropriation under this Agreement is subject to the provisions of the Fire Administration Authorization Act of 1992 (Pub. L. 102-522). The MUNICIPALITY shall be required to comply with applicable fire protection and safety standards. 11. 42 USC COMPLIANCE WITH AIR AND WATER ACTS This Agreement is subject to the requirements of the Clean Air Act, as amended, 1857, et. seq.; the Federal Water Pollution Control Act, as amended, 33 USC 1251, et. seq; and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR 15, as may be amended from time to time. In compliance with said regulations, the MUNICIPALITY shall cause or require to be inserted in full in all contracts and subcontracts with respect to any non-exempt transaction thereunder funded with assistance provided under this Agreement, the following requirements: 12 1) A stipulation by the contractor or subcontractors th~it any facility to be utilized in the performance of any non-exempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. 2) Agreements by the contractor to comply with all their requirements of Section 114 of the Clean Air Act, as amended (42 IiISC 1857c-8) and Section 305 of the Federal Water Pollution Control Act, as amended (42 USC 1557c-8) and Section 308 of the Federal Water Pollution Control Act, as amended (33 USC 131 $), relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. 3) A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4) Agreement by the contractor that he will include or cause to be included the criteria and requirements in subparagraphs 1 through 4 of this Paragraph in every nonexempt subcontract and requiring that the contractor will take such action as the Federal Government may direct as a means of enforcing such provisions. In no event shall any amount of the assistance provided under this Agreement be utilized with respect to a facility which has given rise to a conviction under Section 113(c)(1) of the Clean Air Act or Section 209(c) of the Federal Water Pollution Control Act. 12. FEDERAL LABOR STANDARDS. PROVISIONS Except with respect to the rehabilitation of residential property designed for 13 residential use for less than eight (8) families, the MUNICIPALITY and all contractors engaged under contracts in excess of Two Thousand ($2000.00) Dollars for the construction, prosecution, completion or repair of any building or work financed in whole or in part ,kith assistance provided under this Agreement, shall comply with HUD requirements pertaining to such contracts and the applicable requirements of.the Davis-Bacon Act as amended (40 U.8. C. 276a to 276a -5), governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided, that if the wage rates imposed by State or local law are higher than those required under such regulation, nothing hereunder is intended to relieve the MUNICIPALITY of ' its obligation, if any, to require payment of the higher rates. The MUNICIPALITY shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR S ecs 5.0-5.32 and in such contracts in excess of Ten Thousand Dollars ($10,000), 29CFR Secs. 5.0-5.32 and 3.1-3.11. No award of the contracts covered under this Paragraph 12 of this Agreement shall be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Federal, State or local governments. 13. NON-DISCRIMINATION UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AND TITLE VII! OF THE CIVIL RIGHTS ACT OF 1968 · This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto including the regulations under 24 CFR Part I. No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, 6r be subjected to discrimination under any program or activity receiving Federal financial assistance. ~his Agreement is also subject to the requirements of Title VIII of the Civil Rights Act of 1968, known as the "Fair Housing Act", which provides that it is the policy of the United States to provide, within constitutional limitations, fair housing throughout the United States, and prohibits any person from discriminating in the sale or rental of housing, the financing of housing, or the provision of brokerage services, including in'any way making unavailable or denying a dwelling to any person, because of race, color, religion, sex or national 14 origin. The MUNICIPALITY is required to administer all programs and activities related to housing and community development in a mariner to affirmatively farther fair housing. 14. RELOCATION ASSISTANCE AND ACQUISITION OF REAL PROPERTY The MUNICIPALITY shall provide fair and reasonable relocation payments and assistance in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended and the governmentwide URA regulations at 49 CFR Part 24, to or for families, individuals, partnerships, corporation, or associations displaced as a result of any acquisition of real property for an activity assisted under the program. The MUNICIPALITY shall inform potemial displaced persons of the benefits, policies and procedures provided for under HUD regulations. The MUNICIPALITY shall carry out the relocation process in such a manner as to provide such displaced persons with uniform and consistent services, 'including any services required to insure that the relocation process does not result in different o'r separate treatment to such displaced persons on account of their race, color, religion, national origin, age, sex, or source of income. In acquiring real property, the MUNICIPALITY should be guided bY the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended and the governmentwide URA regulations at 49 CFR Part 24. 15. CONSOLIDATED PLAN The MUNICIPALITY, as party to the Community Development Program, and as a participant in the consortium, acknowledges that it is contractually arid 6therwise legally bound per prior resolution of its governing body to use its best efforts to ensure the carrying out of the goals of the Consolidated Plan approved by HUD. The MUNICIPALITY shall also be contractually and legally bound to use its best efforts to ensure the carrying out of the Consolidated Plan which is currently in effect. I5 16. DISPLACEMENT This Agreement is subject to the requirements of Section 10.4(d) of the ACT which requires the implementation of a policy to minimize the displacement of persons from their homes and neighborhoods and to mitigate adverse effects of such displacement on low and moderate income persons. In accordance, the MUNICIPALITY shall follow the Suffolk County Community Development Consortium Policy and Procedures on Displacement when implementing CD Projects. 17. OBLIGATIONS OF MUNICIPALITY WITH RESPECT TO CERTAIN THIRD- PARTY RELATIONSHIPS The MLrNICIPALITY shall remain fully obligated under the provisions of this Agreement, notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program for which assistance is being provided under this Agreement to the MUNICIPALITY. The MUNICIPALITY shall comply with all lawful requirements applicable to the COUNTY as the applicant under the Housing and Community Development Act of 1974, as amended. Any cOntract between the MUNICIPALITY and a third-party subrecipient shall be in compliance with all applicable Federal, state, and local laws, rules and regulations and shall include the following provisions in a written agreement: a) A description of each task to be undertaken by the subrecipient, a schedule for completing each task and a budget for each task. b) Specification of records, reports and data to be mair~talned or submitted. c) Designation of whether program income is to be returned to the MUNICIPALITY or retained by the subrecipient. Where 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 shall apply to the actix;ities undertaken. All program income shall be substantially disbursed for agreed-upon activities 16 d) e) before the MUNICIPALITY shall request additional cash withdrawals for the same activities. Requirement of compliance with applicable OMB Circulars. Compliance with the following Federal law and regu. lations: 1) Public Law 88-352 the Civil Rights Act of 1964 and Public Law 90-284 known as the Fair Housing Act. 2) Section 109 of the Act requiring that no person be excluded from participation or denied benefits, or be subjected to discrimination on the grounds of race, color, national origin or sex. 3) Section 110 of the Act regarding labor standards for contractors or subcontractors performing construction work.' 4) Section 202(a) of the Flood Disaster Protection Act of 1973. 5) Executive Order 11246 which prohibits discrimination in employment and Section 3 of the Housing and Urban Development Act of 1968 regarding the provision of employment ~o low income persons residing within the boundaries of the Consortium. 6) 42 U.S.C. 3535(d) 4821 and 4851 of the Lead-Base Paint Poisoning Prevention Act. 7) 24 CFR Part 24 p~ohibiting the use of debarred, suspended or ineligible contractors or subrecipients. 8) 24 CFR Part 570.511 regulations prohibiting persons receiving benefits who have a conflict of interest. 9) 24 CFR Part 570.200(j) which prescribes th~ use of CDBG funds by religious organizations. Indication that the Agreement may be terminated for default, inability, or failure to perform. Requirement that any CDBG funds on hand or accounts receivable at the time of termination shall be returned to the MLrNI~IPALITY. 17 i) Provision to ensure that any real property under the subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 is either: 1) Used to meet one of the national objectives for at least five year after expiration of the Agreement, or such longer period of time as determined appropriate by the COUNTY; or 2) Disposed of in a manner which results in the MUNICIPALITY being reimbursed in the amount of the current fair market value of the property less any portion attributable to expenditures of non- CDBG funds for acquisition of, or improvement to, the property. Provision to ensure that: 1) No Federal appropriated funds have been p.aid or will be paid, by or on behalf of the subrecipient, 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 Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the maki~ng of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the 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 attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the subrecipient shall 18 complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 18. CONFLICT OF INTEREST A. INTEREST OF CERTAIN FEDERAL OFFICIALS: No member of or Delegate to the Congress of the United States and no Resident Commissioner shall be admitted to any share or part of this Agreement or to any benefit to arise from the s .ame. B. INTEREST OF LOCAL PUBLIC OFFICIALS: No member, officer or employee of the MUNICIPALITY or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. The MUNICIPALITY shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this paragraph. C. PROHIBITION AGAINST OFFERING GIVING OR RECEIVING OF A GRATUITY: The MUNICIPALITY representg and warrants that it has not offered or given any gratuity to any official, employee or agent of Suffolk County or New York State, or of any political party, with the purpose or intent of securing favorable treatment with respect to the awarding or amending of this Agreement, or the making of any determinations with respect to the performance of this Agreement, and that the signer of this Agreement has read and is familiar with the provisions of LocaI Law No. 32-1980 of Suffolk County (Chapter 386 of the Suffolk County Code). (See Exhibit B). 19 D. PROHIBITION AGAINST PAYMENTS OF BONUS OR COMMISSION: The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval of applications for additional assistadce, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act, or HUD regulations with respect thereto; provided, however, that reasonable fees for bona fide technical, consultant, managerial or other such services itemized on the basis of time and materials other than actual solicitation, are not hereby prohibited if othervds~e eligible as program costs. 19. BOOKS AND RECORDS OF ACCOUNTING The MUNICIPALITY agrees that it shall keep and maintain geparate books of account and reeords concerning all costs incurred in the performance of this Agreement, and that it shall have available for audit and inspection by the COUNTY or by authorized representatives of HUD, all the MUNICIPALITY's facilities, books and other financial and statistical data, whether related to the CD Project(s) or otherwise. The MUNICIPALITY agrees to maintain or submit to the COUNTY, as individually required, the following data or documents, or information to complete the following documents: Project Description Forms Environmental Survey Demographic Survey Budget Modifications HUD/EEO-4 Employment Data Form Minority Business Enterprise Report Other data as may be required by HUD REQUIREMENTS FOR FINANCIAL MANAGEMENT AND AUDIT: The MUNICIPALITY agrees that it will comply with the applicable 20 provisions of Federal Office Management and Budget Circulars A-87, A-110, A-21, A-122, and A-I33 as applicable. The B. MUNICIPALITY shall comply with the administrative requirements of 24 CFR Part 85. The MUNICIPALITY agrees to comply specifically with Circular A-133, outlining audit requirements. Audits shall be conducted annually, and shall be in compliance with the standards for audit set forth in OMB Circular A-133. A copy of the audit report shall be forwarded to the Suffolk County Comptroller for his review. The report shall be accompanied by a detailed written response to audit findings and recommendations by the MUNICIPALITY outlining the plan of corrective action and timetable it intends to follow to correct audit deficiencies and to implement audit recommendations. The. report of audit, and the response thereto, are due in the Office of the Suffolk County Comptroller not later than one (1) year following the end o. fthe MUNICIPALITY's fiscal period, unless the County Comptroller shall have approved an extension of time. B. PROGRAM INCOME: The COUNTY shall assign program income generated by the MUNICIPALITY for the purpose of carrying out eligible. Community Development activities. All provisions of this Agreement shall apply to the use of program income assigned to the MUNICIPALITY by the COUNTY. The MUNICIPALITY shall be inform the COUNTY of all income generated by the expenditure of Community Development funds received by the MUNICIPALITY and to substantially disburse assigned program income for eligible Cormnunity Development Activities before additional cash withdrawals are made by the COUNTY from the U.S. Treasury for the same activity. The COUNTY will require at the end of the program year, the remittance by the MUNICIPALITY of ail or. part of any program income balances (including investments thereof) held by the MUNICIPALITY (except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for Section 108 security needs). If a 21 MUNICIPALITY withdraws from the Suffolk County Consortium prior to the expiration of the Cooperation Agreement between the MUNICIPALITY and the COUNTY,, all program income received and not expended in accordance with this Agreement shall be due and payable to the COUNTY. C. 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 action~s: 1. The timely notification of the COUNTY by the MUNICIPALITY of any modification or change in the use of the real property from that planned at the time of acquisition or improvement including disposition; 2. Reimbursement of the COUNTY in an mount equal to the current fair market value (less any portion thereof attributable to expenditures of non- Community Development funds) of property acquired or improved with Community DeveloPment funds that is sold or transferred for a use which does not qualify under the Community Development regulations; and, 3. Return of program income to the COUNTY generated from the disposition or transfer of property prior to or subsequent to the close-out, change of status or termination of the Cooperation Agreement between the COUNTY and the MUNICIPALITY. D. R.EVERSION OF ASSETS: Any real property under the MUNICIPALITY's controI that was acquired or improved in whole or if~ part with Community Development funds in excess of $25,000 shall be either: 1. Used to meet one of the national objectives in 24 CFR Part 570 until five (5) years after expiration of this Agreement or termination of the Cooperation Agreement, or such longer period of time as determined appropriate by the COUNTY; or 22 Disposed of in a manner which results in the COUNTY 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 improvement to, the property. 20. EQUIPMENT - VESTING OF TITLE Title to all the materials, appliances, and tools, purchased with funds provided under this Agreement, shall vest in the MUNICIPALITY and shall be used and disposed of in accordance with 24 CFR Part 85.32 & 85.33. 21. USE OF FEDERAL FUNDS FOR LOBBYING No Federal appropriated funds have been paid or will be paid, by or on behalf of the MUNICIPALITY, 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 Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the 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 attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the MUNICIPALITY shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The MUNICIPALITY shall require that the language of this certification be included in the award for all subawards at alt tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose same accordingly. 23 22. POLITICAL ACTIVITIES The MUNICIPALITY shall be governed by the provisions of the Hatch Act (5 USC 1501, et. seq.) regarding employees' political participation. 23. CONSTITUTIONAL PROHIBITION In accordance with First Amendment Church and State Principles, the MUNICIPALITY shall comply with 24 CFR 570.2000) of the federal regulations regarding the .: use of Community Development funds by religious organizations. 24. INDEMNIFICATION The MUNICIPALITY agrees to render diligently to the COUNTY any and all cooperation, without additional compensation, that may be required to legally defend the COUNTY against any claim, demand or action that may be brought against the COUNTY in connection with this Agreement. To the extent permitted by law, the MUNICIPALITY shall indemnify and hold harmless the COUNTY from and against ail claims, costs (including attorneys' fees), losses and ' liabilities of whatsoever nature arising out of the acts or omissions or negligence of the MUNICIPALITY, its officers, agents, servants or employees in connection with the services described or referred to in this Agreement. 25. NO ASSIGNMENTS The MUNICIPALITY shall not assign, transfer, convey, subcontract or otherwise dispose of this Agreement, or any of its right, title or interest therein, or its power to execute this Agreement, or assign all or any portion of the monies that may be due or become due to the MUNICIPALITY under the terms of this Agreement, to any other perso.n or corporation, without the prior consent in writing of the COUNTY, and any attempt to do any of the foregoing without such consent shall be of no effect. 24 26. MERGER AND NO ORAL MODIFICATION CLAUSE It is expressly agreed and understood that this instrument represents the entire Agreement of the parties hereto; that ali previous understanding are merged herein; and that no modifications hereof shall be valid unless written evidence thereof shall be executed by the party to be charged. Written modifications shall be in the form of an Addendum or Amendment signed by both parties. 27. SEVERABILITY It is expressly agreed that if any term or provision of this Agreement, or the application thereof to any person or circumstance, 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 the fullest extent permitted by law. 28. EFFECTIVE DATES This Agreement shall commence on the date of grant approval by. HUD, and shall terminate (1) with the completion of all the aforementioned CD Proj ect(s), and (2) with acceptance by HUD of a final audit. 29. CHOICE OF LAW This Agreement shall be governed by New York law without regard to its conflict of law provisions. In any action or proceeding, legal, administrative or otherwise, venue shall be Suffolk County, New York. 25 EXHIBIT A PROJECT DESCRIPTION AND BUDGET CONDITIONAL APPROVALS ON USE OF FUNDS TOWN OF SOUTHOLD 2000 (YEAR 26) 1. The projects listed below have been submitted for review and comment as required by Executive Order 12372. These activities are cleared regarding compliance with Executive Order 12372 only. 2. (a) Funds may be obligated or utilized for the payment of responsible administrative costs related to the planning and execution 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, the municipality must document in writing its determination that each activity or project is exempt and meets the conditions specified for such exemption under this section. (b) The obligation or utilization of funds for the activities shown below, except as provided under Subsection (a), above, is prohibited without the further express written authorization of HUD through a Release of Funds: PROJECT NUMBER 103602-05-00 104301-03F-00 104401-05-00 104901-05L-00 105101-13-00 105201-10-00 105301-03-00 109901-21A-00 PROJECT North Fork Housing Alliance Tasker Park Fam!ly Self Sufficiency Robert Peru Day Care Southold Downpayment Program Oyster Pond Historical Society Kiwanis Housing Project Administration BUDGET $5,200 34,800 10,000 7,000 60,000 8,000 8,000 15,000 EXHIBIT B RESOLUTION NO. 1118-1980, ADOPTING LOCAL LAW NO. 32 YEAR 1980, A LOCAL LAW CONCERNING THE OFFERING, GIVING OR RECEIVING OF A GRATUITY TO OR BY AN OFFICIAL OF A POLITICAL PARTY WHEREAS, there was duly presented and introduced to this County Legislature at a regular meeting held on December 9, 1980, a proposed Local Law entitled "A LOCAL LAW CONCERNING THE OFFERING, GIVING OR RECEIVING OF A GR_A:TUITY TO 'OR BY AN OFFICIAL OF A POLITICAL PARTY", and.said Local Law in final form is the same as when presented and introduced; now, therefore, be it' RESOLVED, that said Local Law be enacted in form as follows: LOCAL LAW NO. 32 YEAR 1980, SUFFOLK COIJNTY, NEW YORK LOCAL LAW CONCERNING THE OFFERING, GIVING OR RECEIVING OF A GILATUITY TO OR BY AN OFFICIAL OF A POLITICAL PARTY. BE IT ENACTED BY THE. COUNTY LEGISLATURE ~3F THE COUNTY OF SUFFOLK AS FOLLOWS: Section 1. Definitions. (a) As used herein, the word "Agreement" means 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 "Agreement" shall also include any transaction whereby a person agrees to sell goods or services or both to the County pursuant to a successful bid. (b) As used herein, the word "Gratuity" means any money, benefit, entertainment, gift, or any other consideration whatsoever. (c) As used herein, the phrase "official of a political party" shall mean a party officer as defined by Section s-104(5) of the Election Law. (d) As used herein, the word "person" means any indi. vidual, partnership, firm, corporation, or other legal entity, as well as their employees, agents..or representatives. (e) As used herein, the phrase "political party" shall mean a party as defined by Section 1-104(3) of the Election Law. Section 2. Prohibitions, .. (a) It shall be a crime for any person to offer or give any gratuity to an official of~ any political party, with the purpose or intent of securing or obtaining ah Agreement with the County of Suffolk, securing favorable treatment with respect to the awarding or amending of such Agreement, or the making of any determinatiori with respect to the perfo.nnance of an Agreement. (b) It shall be a crime for an official of a political party to solicit, receive or accept a gratuity in connection with securing or obtaining an Agreement with the County of Suffolk, 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. Section 3. Mandatory Contract Clause. tn all Agreements with the County of Suffolk, made after the effective date of this Law, the~e shall be a written representation by the person entering the Agreement with the County' that he has not offered or given any gratuity to any official, employee or agent of Suffolk County, New York State, or of any political party, With the purpose or intent of securing an Agreement or securing favorable treatment 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 Local Law. Section 4. Penalties. (a) Criminal. A violation of Section 2 of this Local Law shall be a Class A Misdemeanor and shalI be punishable by a sentence of not more than one (1) year in prison or a fine of not more than one thousand dollars, or b.y both such fine and imprisonment. (b) Civil Remedies. A violation of Section 2 or 3 of this Local Law 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 thereunder. Section 5. Exceptions. . This Local Law shall not apply to contributions to political parties, committees or candidates as defined by Section t4-I00(19) of the Election Law. Such contributions shall be excluded from and shall not be in violation of this Local Law. Section 6. Separability~ If any part of this Local Law shall be declared unconstitutional by any Court, such declaration shall not affect the constitutionality of any other part. Section ..7_. This Law shall take effect immediately. 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