HomeMy WebLinkAboutRobert Perry Day Care ELIZABETH A. NEVII,!,F,
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
iVIARRIAGE OFFICER
.RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hal~, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldt own.nor tl~fork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS I~ TO CERTIFY THAT Tl~ FOLLOWING RESOL ~lfFION NO. 356 OF 2003
WAS ADOPTEO
ON ~ 17, 2~3:
~SOLW. n ~t ~e To~ Bo~d of ~e To~ of Southold h~y amho~ and d~
Sn~or Josh~ Y. Ho~ ~ ex. ute an A~mem b~e~ ~e To~ of ~oM and
~e Rob~ P~ C~d ~ Ca~ Center, as pm of the 2~3 Communi~ ~elopment
Bilk Gr~t P~ for ~a of a cMld ~y ~e ~W s~ low. idle ~me
~ies, ~j~t ~ ~e a~o~ of ~e Tom ~tomey.
Elizabeth A. Neville
Southold Town Clerk
AGREEMENT
PUBLIC SERVICE: General Support
(Name of Project)
PROJECT ~ 1049-05L-03
THIS AGREEMENT, made the 15th day of April 2003
by and between the Town of Southold , a municipal
(Name of Municipality)
corporation having its principal office and place of business
53095 Maim Street, southold ,New York, 11971
(Address: # Street, City) (Zip)
(hereinafter referred to as the "MUNICIPALITY"), and the
Robert Pe~ry Child DMy Care Center
Name of Non-Profit Organization
, with offices at
3rd Street, G~eenport , New York, 11942
(Address: # Street, City) ~ (Zip)
(hereinafter referred to as the "AGENCY").
W I T N E S S E T H ~
WHEREAS, the Village/Town Boar'd of the Town of Southold
(Name of Municipality)
by resolution authorized the execution of an agreement with. the
AGENCY for the services of conducting General Support
(Description of Program)
A child day care facility Ar low/mid~le incbme families
~ (Descriptiou of Program)
NOW, THEREFORE, it is mutually agreed by and
AGENCY and the MUNICIPALITY as follows:
I. The F~llowiug exhibits are attached
and made a part hereof:
Ex~nibit "~" Program
between the
to this agreement
Descriptiou a~d Budget
II. In consideratiou of the payment by
the sum of Seven.~housamd ~ve hundred
(Project Allocation Amount)
~he AGENCY agrees to
services as follows
through
April .15, 2004,
(End Date)
the MUNICIPALITY to
($ 7, SO0 ) DOLLARS,
conduct the following programs and provide
for th~ period of Ap,ril 15 , _. ~903_
(Star~ Date)
funded uuder the Cemmuni~y
(CD PUB SER.V 11/92)
Deve'lopment Block Grant Program. THE AGENCY agrees to provide
services as described in Exhibit "A". The MUNICIPALITY may
approve modification of said services such as are appropriate to
ths carrying out of the purposes of this agreement.
Iii. The AGENCY shall provide the MUNICIPALITY with reports
on program activities, development and finances (audit upon
request) and statistical data and such reports as the
MUNICIPALITY, SUFFOLK County, or Federal Government shall
tO return all program
IV. The AGENCY agrees
income to the
MUNICIPALITY. The MUNICIPALITY shall designate the specific
activities to be undertaken with program in~ome. All provisions
of this agreement shall.apply to any program income assigned by
the MUNICIPALITY to the AGENCY. All program income shall be
substantially disbursed for agreed upon activities before the
MUNICIPALITY shall request additional cash witkdrawals for the
same activities.
V. Any
acquired or
Development
be used
least five years
longer period of
County; or
disposed of
real property under the AGENCY's control that was
improved in whole o~,.in part with Community
~nds in excess of $25,000 shall either:
to meet one of the
after execution of
time as determined
national objectives for at
this agreement, or such
appropriate by. Suffolk
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-Community Development funds for acquisition
of, or improvement to, the property.
VI. The AGENCY agrees to
rules, and regulations:
comply with the following laws,
(CD PUB SERV 11/92)
A. The requirements and standards of Federal OMB
Circular numbers A-Il0 and A-133, "(Audit Requirements for Non-
Profit Organizations) and A-122 (Cost Principals for Non-Profit
Organizations), or for educational institutions A-110 and A-133
(Audit Requirements for Non-Profit Organizations) and &-121 (Cost
Principals for Non-Profit Educational Institutions).
B. Title VI of the Civil Rights Act of 1964 (PL 88-352)
and all requirements imposed by or pursuant to that Title, to the
end that no person shall be, on the ground of race, color,
national origin, or sex excluded from participatio'n in or be
denied the benefits of, or be otherwise subjected to
discrimination either in seeking service or employment with the
AGENCY. No person shall be denied either s~rvice or employment
with the AGENCY because 'of religious discrimination.
C. Executive Order 11246 which provides that no person
shall be discriminated against on the basis of race, color,
religion, sex or national origin in all phases of employment.
D. Title VIII of the Civil Rights Act of 1968 (PL 90-
284) known as the Fair Housing AEt, which prohibits
discrimination in the sale or rental of housing,
housing, or the provision of brokerage services
unavailable or denying a dwelling to any person
color, religion, sex, or national origin.
the financing of
including making'
because of race,
g. Section 109 of the Housing and Community Development
Act of 1974 (as amended) 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
(CD PUB SERV 11/92)
F. Section 110 of the Housing and Community Development
Act regarding labor standards for contractors or subcontractors
performing construction work, rehabilitation work, or home
improvement projects of eight or more units and Rental
Rehabilitation projects of twelve or more units.
G. Section 202[a) of the Flood Disaster Protection Act
of 1973.
H. The Uniform Relocation Assistance and Real
Acquisition Policies Act of 1970 (42 USC. 4601).
Property
I. 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.
J. Section 40~(b) of the Lead Base Faint Poisoning
Prevention Act.
K. 24 CFR Part 24 prohibiting the use of debarred,
suspended or ineligible contractors or sub-recipients.
L. 24 CFR Part 570.511 regulations prohibiting persons"
receiving benefit who have a conflict of interest.
M. 24 CFR Part 570.200(j) which prescribes the use of
Community ~evelopment funds by religious org~nizations.
C.ommunity Development funds shall not be used for religions
activities or provided to primarily religious entities for
activities including secular activities. Community Development
funds shall not
construction or
and removal of
be used for the acquisition of property or the
rehabilitation (including historic preservation
architectural barriers) of structures to be used
(CD PUB SERV ~1/92)
for religious purposes or which will otherwise promote religious
interests. This limitation includes the acquisition of property
for ownership by primarily religious entites and the construction
or rehabilitation (including historic preservation and removal or
architectural barriers) of structures owned by such entities
(except as permitted with respect to rehabilitation and repairs
u~dertaken in connection with public services) regardless of the
use to be made of the property or structure. Property owned by
primarily religious
Development funds at no more
religious use.
Community
rehabilitate buildings
used for a wholly secular purpose
conditions:
entites shall only be acquired with Community
than fair market value for a non-
improved
Development funds shall be used to
owned by primarily religious entites to
only unde~ the following
be
1. The building (or portion thereof) that is to be
with the Community Development assistance has been
leased to an existing or newly established wholly secular entity
(which may be an entity established by the religious entity);
2. The Community Development assistance is provided
to the lessee (and not the lessor) to make the improvements;
3. The leased pre~{ses will be used exclusively for
secular purposes available to persons regardless of religion;
&. The lease payments do not exceed the fair marke't
rent of the premises as they were before the improvements are
made;
5. The portion of the cost of any improvements that
also serve a non-leased part of the building will be allocated =o
and paid for by the lessor;
(CD PUB SERV 11/92)
5
6. The lessor enters into a binding agreement that
unless the lessee, or a qualified successor lessee, retains the
use of the leased premises for a wholly secular purpose for at
least the useful life of the improvements, the lessor will pay to
the lessee an amount equal to the residual value of the
improvements;
7. The lessee must remit the amount received from
the lessor under the preceding paragraph of this section to the
MUNICIPALITY from which the Community Development funds were
derived.
N. Community Development funds
eligible public services provided that,
services:
shall be used for
in the provision of such
1. The AGENCY shall not discriminate against any
employee or applicant for employment on the basis of religion and
shall not limit employment or give preference in employment to
persons on the basis of religion;
2. The AGENCY shall not discriminate against any
person applying for such public services o% the basis of religion
and shall not limit such services or give preference to persons
on the basis of religion;
3. The AGENCY shall provide no religious
instruction or counseling, conduct no religious worship or
services, engage in no religious proselytizing, and exert no
other religious influence in the provision of such public
services;
4. The portion
public services shall contain
decorations, other than those
the structure.
of.'a facility used to provide the
no religious symbols or
permanently affixed to or part of
VII. The MUNICIPALITY shall have the responsibility and the
authority to evaluate the program covered by this agreement and
to take whatever action it deems necessary to insure the
satisfactory fulfillment of this contract. This agreement
terminated for default, inability or failure to perform.
may
be
If, through any cause, the AGENCY fails to perform in a
timely and proper manner its obligation herewith, the
MUNICIPALITY shall have the right to terminate this agreement by
giving sixty (60) days prior notice, by registered or certified
6
(CD PUB SERV 11/92)
mail, to the other party, of such cancellation. Should the
MUNICIPALITY cancel in accordance with this provision herein,
Commumity Development Block Grant funds on hand or accounts
receivable at the time of termination shall be returned to the
MUNICIPALITY within thirty (30) days of the notice of
termination.
VIII. Under this agreement, no Federal appropriated funds
shall be paid by or on behalf of the AGENCY, to any person for
influencing or attempting to influence an officer er employee of
any agency, a Member of Congress, an offic~%r 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 loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal,
of any Federal contract, grant, loan,
If any funds other than Federal
amendment, or modification
or cooperative agreement.
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 agre.ement, the AGENCY shall complete
and submit S~ndard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
IX. The AGENCY shall indemnify and hold harmless the
MUNICIPALITY and SUFFOLK COUNTY from all claims, costs, damages,
judgement liens, or injuries to persons or property of whatsoever
kind or nature arising out of the performance required under this
agreement.
X. It is understood that this instrument represents
entire agreement of the parties hereto, and all previous
understandings are merged hereto.
the
(CD PUB SERV 11/92)
IN WITNESS WHEREOF, the parties hereto have executed this
agreement by their respective signatures the day amd year last
written below.
~pervisor, To~n o'f Southold
8
(CD PUB SERV 11192)
EXHIBIT
PROGRAM DESCRIPTION AND BUDGET
PUBLIC SERVICE: General Support
(Name of Project)
PROJECT # 1049-05L-0:~
Detailed Description of
· ?rosram Activities
Child day care facility for Iow/middle income
families
Budget
Allocation
$7.500.
$7,500. ,'
Total Budget $
SPECIFICALLY DESCEIBE ACTIVITIES OR ITEMS COMMUNITY DEVELOPMENT
FUNDS WILL FAY FOR-
(CD PUB SERV 11/92)