HomeMy WebLinkAboutSuff Co/Comm Dev 20012001 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,
11901 (hereinafter referred to as the "COUNTY"), active through its duly constituted Office of
Community Development, located at II. Lee Dennison Building, 11th 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 community 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 parties heretofore have entered into a cooperative agreement for said purposes; 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. 2990f 2001; and
The parties desire to undertake various eligible 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
H~. Cochran
Town Supervisor
Date
APPROVED:
OFFICE OF COMMUNITY
DEVELOPMENT ~.~
Barbara Mack
Assistant Director
COUN~j~OLK
Eric A. Kopp ~/
Chief Deputy County Executive
Date '~ '~ ~
APPROVED AS TO FORM
NOT REVIEWED AS TO EXECUTION
Robert J. Cimino
Suffolk County Attorney
-
Marisa G. Marletti
Assistant County Attorney
Date
Paragraph
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Community Development Agreement
Table of Contents
Purpose ................................................................................... 3
Grant Administration
Funding .......................................................................... ........ 3
Performance.
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
Federal 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
-~.i~'T? A_o s!g_,,_?_ent_o .............................................. ...... .................... ,. -~A.
Merger and No Oral Modification Clause ......................................... 25
Severability .............................................................................. 25
Effective Dates .......................................................................... 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 community development project(s) as described
in Exhibits "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 of the MUNICIPALITY
without the written approval of the COUNTY and the affected jurisdiction.
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 alt 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 general supervision of
the COUNTY. The COUNTY as applicant is 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,
mcluctes all costs ot materials, appliances, tools anct lat~or neectect t)y 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 the
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 revised 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 ?roject(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 ttte Ct)UN 1 ¥, and prowded that me mndmg committed does
not exceed the amount of grant award plus assigned program income.
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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 (30) 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 all 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 expended at the end of
the contract period shall immediately be .due and owing to the COUNTY.
4. PERFORMANCE
The MUNIGIPALITY 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
Proj ect(s) within eighteen (18) months of the effective date of this contract.
If the MUNICIPALITY's performance lags substantially behind that of other
Consortium members; the CO'[3NIY may take tl~e tollow~ng actions e~tner s~ngularly or ~n
combination:
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1)
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 the 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 MUNICIPALITY advising 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 Project(s).
Condition the MUNICIPALITY's allocation of Community Development
funds in the succeeding year.
Reduce the MUNICIPALITY'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 o~ eligible act~wt~es, ancl other ~mportant program requirements, the MUINIUiPALi i Y
also agrees to provide citizens with adequate oppommities to articulate needs, express
preferences about proposed activities, assist in the selection of priorities, and otherwise assist and
participate in the development of the Housing and Community Development Program. Pursuant
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to this requirement, each MUNICIPALITY shall hold at least one public hearing 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 notification
to the community regarding such hazards; and flood insurance is obtained 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 flood insurance has been made available under the Flood Insurance Act of
1968, as amended, 42 USC 4001, et. seq., provisions obligating the transferee and its successors
or assigns to ol:)taln arlO maintain, cturlng me ownersmp oI such ianct, SUCh I1OOCt 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,
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notwithstanding the fact that the construction on such land is not itself funded with assistance
provided under this Agreement.
8. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION
A) ACTIVITIES SUBJECT TO EXECUTIVE ORDER 11246, AS
AMENDED: In carrying out the program, the MUNICIPALITY shall not 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 transfer; 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 all qualified 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 all 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 community 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
Amds. ~ne COUNTY CommuniTy- Deveiopmem Director shail be designaLed as
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
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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
Plan(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 Opportunity
regulations at 24 CFR Part 130 applicable to HUD-assisted construction contracts.
The MUNICIPALITY shall cause or require to be inserted in full in any
non-exempt contract 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 contractor agrees as follows:
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: employment, 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 employment, notices to be provided by the
contracting officer setting forth the provisions of this non-
discrimination clause.
o
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 wire wmcn ne nas a collective Oargalmng 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.
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The contractor will comply with all provisions of Executive Order
11246 of September 24, 1965, 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.
o
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 in 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, regulation, and relevant
orders of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor
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such information as they may require for the supervision of such compliance and that it will
otherwise assist the Federal Government in the discharge of its primary responsibility for
securing compliance.
The 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, Government contracts and Federally-
assisted construction contracts pursuant to the Executive Order and will carry 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 loan 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 future 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 ensure, 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
Community 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 shall 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
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provide such copies of 24 CFR Part 135 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 applicable. 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
15, as may be amended fro
In complian
to ~)e ~nsertect ~n/511i In ali ~
thereunder funded with ass
the Environmental Protection Agency with respect thereto, at 40 CFR
~ time to time.
:e with said regulations, the MUNICIPALITY shall cause or require
:ontracts anct sur)contracts wnn respect to any non-exempt transaction
[stance provided under this Agreement, the following requirements:
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1) A stipulation by the contractor or subcontractors that 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 USC 1857c-8) and
Section 308 of the Federal Water Pollution Control Act, as amended'(42
USC 1857c-8) and Section 308 of the Federal Water Pollution Control
Act, as amended (33 USC 1318), 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 non-exempt 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 I 13 (c)(1) of
the Clean Air Act or Section 209(c) of the Federal Water Pollution Control Act.
i2. /~'EDER_aL LABOR STANDARDS PROViSiONS
Except with respect to the rehabilitation of residential property designed for
residential use for less than eight (8) families, the MUNICIPALITY and all contractors engaged
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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 with 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.S.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 Secs 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 VIII 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, or be subjected to
discrimination under any program or activity receiving Federal financial assistance.
This 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
origin. The MUNICIPALITY is required to administer all programs and activities related to
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housing and community development in a manner to affirmatively further 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 govemmentwide URA regulations at 49 CFR Part 24,
to or for families, individuals, parmerships, corporation, or associations displaced as a result of
any acquisition of real property for an activity assisted under the program.
The MUNICIPALITY shall inform potential 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 or 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
govemmentwide URA regulations at 49 CFR Part 24.
15. CONSOLIDATED PLAN
The MUNICIPALITY, as parry to the Community Development Program, and as
a participant in the consortium, acknowledges that it is contractually and otherwise 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 whic~ is currently in e~Iect.
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16. DISPLACEMENT
This Agreement is subject to the requirements of Section 104(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 MUNICIPALITY 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 maintained 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 w~th the program income shall be indicated, and all the
provisions of the Agreement shall apply to the activities undertaken. All
program income shall be substantially disbursed for agreed-upon activities
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d)
e)
g)
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 regulations:
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 to'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 prohibiting 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 the use of CDBG funds
by religious organizations.
Indication that the Agreement may be terminated for default, inability, or
Ianure to perform.
Requirement that any CDBG funds on hand or accounts receivable at the
time of termination shall be returned to the MUNICIPALITY.
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 paid 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 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.
2)
If any funds other than Federal appropriated funds have been paid
or will be paid to any peison for influencing or attempting to
influence an officer or employee of any agency, a Member of
congress, an omcer or employee oI congress, or an employee o~ 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 same.
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 represents 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 Local Law No. 32-1980 of Suffolk County (Chapter 386 of the Suffolk
county cocte). {.zee Exmtnr t~).
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 assistance, 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 otherwise eligible
'as program costs.
19. BOOKS AND RECORDS OF ACCOUNTING
The MUNICIPALITY agrees that it shall keep and maintain separate books of
account and records 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
20
A. REQUIREMENTS FOR FINANCIAL MANAGEMENT AND AUDIT:
The MUNICIPALITY agrees that it will comply with the applicable
provisions of Federal Office Management and Budget Circulars A-87,
A-110, A-21, A-122, and A-133 as applicable. The 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 of the
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 Community 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 o~ the Program year, the remittance by the MUNIIJII~ALi'I'Y ot all or part ot 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
21
lump sum drawdown, or cash or investments held for Section 108 security needs). If a
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 actions:
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 amount equal to the current fair
market value (less any portion thereof attributable to expenditures of non-
Community Development funds) of property acquired or improved w/th
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. REVERSION OF ASSETS: Any real property under the
MUNICIPALITY's control that was acquired or improved in whol~ or in 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 ot 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 MLrNICIPALITY 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
~nclucted in the award ~or all subawards at all t~ers (~ncludlng 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 570.200(j) 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 all 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 person or corporation, without
tlxe prior consent in writing of me CO-05~-T ~, and any attempt to do any of ~ne foregoing vctrnour
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 all 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 t0 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 Project(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
2001
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 admirdstrative
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 beloTM, except as
provided under Subsection (a), above, is prohibited without the further express written
authorization of HUD through a Release of Funds:
PROJECT NUMBER
PROJECT BUDGET
0001-14A-01 Home Improvement Program $40,000
100402-03J-01 Cutchogue Watermains 37,500
100602-03F-01 Mattituck Community Playground 12,500
102802-05L-01 North Fork Early Learning Center 7,500
103602-05-01 North Fork Housing Alliance 6,000
104401-05-01 Family Self Sufficiency 2,000
104901-05L-01 Robm~r Perry Child Center 7,500
105401-14A-01 Rental Rehabilitation Program 20,000
109901-21A-01 Administration 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 Cqunty Legislature
at a regular meeting held on December 9, 1980, a proposed Local Law entitled, "~ LOCAL LAW
CONCERNING THE OFFERING, GIVEN OR RECEIVING OF A GRATUITY TO OR BY AN
OFFICIAL OF A POLITICAL PARTY," and said Local Law in f'mal 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 COUNTY, N~W YORK
/
LOCAL LAW CONCERNING THE OFFERING, GIVING OR RECEIVING
A GRATUITY TO OR BY AN OFFICIAL OF A POLITICAL PARTY.
OF
BE IT ENACTED BY THE COUNTY LEGISLATURE OF TIlE COUNTY OF
SUFFOLK AS FOLLOWS:
Section 1. Definitions
(a) As used herein, the word "Agreement" means any writter~ 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 transaction whereby a person agrees to sell goods or services or
both 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 1-104(5) of the Election Law.
(d) As used herein, the word "person" means any individual, partnership, fn'm,
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 grin
of any political party, with the purpose or intent of securing or obtaining an A~
County of Suffolk, securing favorable treatment with respect to the awarding or
Agreement, or the making of any determination with respect to the performance
(b) It shall be a crime for an official of a political party to ~
accept a gratuity in connection with securing or obtaining an Agreement wi
Suffolk, securing favorable treatment with respect to the awarding or ar.
aity to an official
reement with the
unending of such
)f an Agreement.
olicit, receive or
h the County of
~ending of such
Agreement, or the making of a determination with respect to the performance of such Agreement.
Section 3. Mandatory Contract Clause
In all Agreements with the County of Suffolk, made after the effective date of this
Law, there 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, 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 shall 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 by 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 14-100(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.
DATED: December 9, 1980
EXHIBIT C
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