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HomeMy WebLinkAboutCDBG - Maureen's Haven SUBRECIPIENT AGREEMENT Name of Subrecipient: Maureen's Haven Homeless Outreach Project Name: Emergency Winter Shelter Program and related Homeless Support Services THIS AGREEMENT, made the day of A41e k , 2025 by and between the Town of Southold, a municipal corporation having its principal office and place of business at 53095 Main Road,P.O. Box 1179, Southold,New York 11971-0959 (hereinafter referred to as the "MUNICIPALITY"), and Maureen's Haven Homeless Outreach, with offices at 28 Lincoln Street,Riverhead,NY 11901 (hereinafter referred to as the "AGENCY"). WITNESSETH: WHEREAS, the Southold Town Board by resolution authorized the execution of an agreement with the AGENCY for the services of conducting,operation of Shelter Program; and WHEREAS, the MUNICIPALITY has received funds through Suffolk County from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended(HCD Act), Public Law 93-383; and WHEREAS, the MUNICIPALITY wishes to engage the AGENCY to assist the MUNICIPALITY in utilizing such funds; NOW,THEREFORE, it is mutually agreed by and between the AGENCY and the MUNICIPALITY as follows: I. ACTIVITIES The AGENCY will be responsible for administering the Emergency Winter Shelter Program in a manner satisfactory to the MUNICIPALITY and consistent with any standards required as a condition of providing these funds. Such program will include the activities eligible under the Community Development Block Grant program as described,in Exhibit A— "Program Description and Budget" attached to this agreement and made a part thereof. II. CONSIDERATION AND TIME OF PERFORMANCE In consideration of the payment by the MUNICIPALITY of the sum of$5,000.00 (Project Allocation Amount), the AGENCY agrees to implement the programs and provide the services described in Exhibit A—"Program Description and Budget" "A" for the period of September 1,2024 through August 31,2025 funded under the Community Development Block Grant Program. THE AGENCY agrees to provide services as described in Exhibit"A". The MUNICIPALITY may extend or approve modification of the terms and provisions of this Agreement, such as are appropriate to the carrying out of the purposes of this Agreement. III. PAYMENT 1 It is expressly agreed and understood that the total amount to be paid by the MUNICIPALITY under this Agreement shall not exceed FIVE THOUSAND DOLLARS ($5,000.00). Drawdowns for the payment of eligible expenses shall be made against the budgets specified in Exhibit"A" herein and in accordance with performance. IV. NATIONAL OBJECTIVES All activities funded with CDBG under this agreement must meet the CDBG Program's National Objectives of benefiting low- and moderate-income persons. The AGENCY certifies that the activity(ies) carried out under this Agreement will meet this National Objective. V. PERFORMANCE MONITORING The MUNICIPALITY will monitor the performance of the AGENCY against goals and performance standards as stated in Exhibit"A". Substandard performance as determined by the MUNICIPALITY will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the AGENCY within a reasonable period of time after being notified by the MUNICIPALITY, contract suspension or termination procedures will be initiated. VI. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals who executed this Agreement at the address set forth on page one of this Agreement, unless otherwise modified by subsequent written notice. VII. GENERAL CONDITIONS A. General Compliance The AGENCY agrees to comply with the requirements of Title 24 of the Code of Federal Regulations,Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that(1) the AGENCY does not assume the environmental responsibilities described in 24 CFR 570.604 and(2)the AGENCY does not assume responsibility for initiating the review process under the provisions of 24 CFR Part 52. The AGENCY also agrees to comply with all other applicable Federal, State and local laws, regulations, and policies governing the funds provided under this contract. The AGENCY further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. "Independent Contractor" 2 Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The AGENCY shall at all times remain an "independent contractor"with respect to the services to be performed under this Agreement. The MUNICIPALITY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the AGENCY is an independent contractor. C. Hold Harmless -The AGENCY shall hold harmless, defend and indemnify the MUNICIPALITY from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the AGENCY's performance or nonperformance of the services or subject matter called for in this Agreement. D. Workers' Compensation The AGENCY shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. E. Insurance&Bonding The AGENCY shall carry commercial general liability insurance including contractual liability coverage. The Agency shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the MUNICIPALITY. In addition, AGENCY shall name the Town of Southold, 53095 Main Road,P.O. Box 1179, Southold,New York 11971-0959 and Suffolk County, 100 Veterans Memorial Highway,PO Box 6100, Hauppauge,NY 11788 as additional insured regarding said insurance coverage F. Suspension or Termination In accordance with 24 CFR 80.43, the MUNICIPALITY may suspend or terminate this Agreement if the AGENCY materially fails to comply with any terms of this Agreement,which include(but are not limited to), the following: 1. Failure to comply with any of the rules,regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time. 2. Failure, for any reason, of the AGENCY to fulfill in a timely and proper manner its obligations under this Agreement. 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the AGENCY to the MUNICIPALITY reports that are incorrect or incomplete in any material respect. 3 In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the MUNICIPALITY or the AGENCY, in whole or in part,by setting forth the reasons for such termination,the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the MUNICIPALITY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the MUNICIPALITY may tenninate the award in its entirety. VIII. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The AGENCY agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein,utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The AGENCY shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non-Profit Organizations," or A-21, "Cost Principles for Educational Institutions", as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record Keeping 1. Records to be Maintained The AGENCY shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG Program; C. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement,use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; f. Financial records as required by CFR 570.502, and 24 CFR 84.21- 28; and g. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 4 1 i 2. Retention The AGENCY shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5)years. The retention period begins on the date of the final payment to the AGENCY for activities implemented under this Agreement. Notwithstanding the above, if there is litigation, claims, audits,negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five-year period, whichever occurs later. 3. Client Data The AGENCY shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to MUNICIPALITY monitors or their designees for review upon request. 4. Close-outs The AGENCY's obligation to the MUNICIPALITY shall not end until all close-out requirements are completed. Activities during this close-out period shall include,but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment,unspent cash advances,program income balances, and accounts receivable to the MUNICIPALITY, and determining the custodianship of records. Not withstanding the foregoing,the terms of this Agreement shall remain in effect during any period that the AGENCY has control over CDBG funds, including program income. 5. Audits &Inspections All AGENCY records with respect to any matters covered by this Agreement shall be made available to the MUNICIPALITY, Suffolk County, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the AGENCY within 60 days after receipt by the AGENCY. Failure of the AGENCY to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The AGENCY hereby agrees to have an annual agency audit conducted in accordance with current OMB Circular A-133 policies. C. Reportingand Payment Procedures 1. Program Income 5 The AGENCY agrees to return all program income to the MUNICIPALITY. The MUNICIPALITY shall designate the specific activities to be undertaken with program income. 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 withdrawals for the same activities. 2. Payment Procedures The MUNICIPALITY will pay to the AGENCY funds available under this Agreement based upon information submitted by the AGENCY and consistent with any approved budget and MUNICIPALITY policy concerning payments. Payments will be made for eligible expenses actually incurred by the AGENCY, and not to exceed actual cash requirements. 3. Programports The AGENCY shall submit regular Program Reports to the MUNICIPALITY in the form, content, and frequency as required by the MUNICIPALITY. 1 D. Procurement The AGENCY shall comply with current Suffolk County Consortium policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided herein. E. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. The AGENCY shall transfer to the MUNICIPALITY any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the AGENCY's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of$25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five(5)years after expiration of this Agreement. If the AGENCY fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time,the AGENCY shall pay the MUNICIPALITY an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures on non-CDBG funds for acquisition of, or improvement to the property. Such payment shall constitute program income to the MUNICIPALTIY. The AGENCY may retain real property 6 acquired or improved under this Agreement after the expiration of the five-year period. IX. RELOCATION POLICY The AGENCY agrees to comply with (a)the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b)the requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under Section 104(d) of the HCD Act. The AGENCY shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2)that are displaced as a direct result of acquisition. X. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Ri hg_ts 1. Compliance The AGENCY agrees to comply with Title VI of the Civil Rights Act of 1964 as amended,Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 2. Nondiscrimination The AGENCY agrees to comply with the non-discrimination in employment and contracting opportunities laws,regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 3. Section 504 The AGENCY agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (25 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. B. Affirmative Action 1. AGENCY PLAN The AGENCY agrees that it shall be committed to carry out an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. 7 2. Women-Minority-Owned Businesses (W/MBE) The AGENCY will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. 3. Fair Housing The AGENCY agrees to comply with the requirements of Title VIII of the Civil Rights Act of 1968 (PL 90-284)known as the Fair Housing Act, which prohibits discrimination in the sale or rental of housing,the financing of housing, or the provision of brokerage services including making unavailable or denying a dwelling to any person because of race, color,religion, sex,national origin, creed, ancestry, disability, age, marital/familial status, or sexual orientation. 4. Access to Records The AGENCY shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books,records and accounts by the MUNICIPALITY,HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 5. Equal Employment Opportunity and Affirmative Action(EEO/AA) Statement The AGENCY will, in all solicitations or advertisements for employees placed by or on behalf of the AGENCY, state that it is an Equal Opportunity or Affirmative Action employer. C. Employment Restrictions 1. Prohibited Activity The AGENCY is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying;political patronage; and nepotism activities. 2. Labor Standards The AGENCY agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act(40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The AGENCY agrees to comply with the Copeland 8 Anti-Kick Back Act(18 U.S.C. 874 et seq.) and it's implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. 3. "Section 3"Clause The AGENCY agrees to comply with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the AGENCY and any of the AGENCY's subrecipients and subcontractors. D. Conduct 1. Assignability The AGENCY shall not assign or transfer any interest in this Agreement. 2. Hatch Act The AGENCY agrees that no funds provided,nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 3. Conflict of Interest The AGENCY agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to)the following: a. The AGENCY shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. b. No employee, officer or agent of the AGENCY shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. C. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in ay contract, subcontract, or agreement with respect to the CDBG- assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one(1)year thereafter. For 9 purposes of this paragraph, a"covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the MUNCIPALITY, the AGENCY, or Suffolk County. 4. Lobbying The AGENCY hereby certifies that: a. No Federal appropriated funds have been paid or will be paid,by or on behalf of it, to any person for influencing or attempting to influence any 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; b. 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, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions; and C. It will require that the language of paragraph (d) of this certification be included yin the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. d. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. 5. Copyright If this contract results in any copyrightable material or inventions, the MUNICIPALITY and Suffolk County reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce,publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. 10 6. Religious Activities The AGENCY agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.2006), such as worship, religious instruction, or proselytization. XI. ENVIRONMENTAL CONDITIONS A. Air and Water The AGENCY agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: Clean Air Act,42 U.S.C., 7401, et seq.; Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry,reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the AGENCY shall assure that for activities located in an area identified by the Federal Emergency Management Agency(FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint The AGENCY agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be property notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice should also point out that if lead- based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing,risk assessment,treatment and/or abatement may be conducted. D. Historic Preservation 11 The AGENCY agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State or local historic property list. XII. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. XIII. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. XIV. WAIVER The MUNICIPALITY's failure to act with respect to a breach by the AGENCY does not waive its right to act with respect to subsequent or similar breaches. The failure of the MUNICIPALITY to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. XV. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the MUNICIPALITY and the AGENCY for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the MUNICIPALITY and the AGENCY with respect to this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement by their respective signatures the day and year last written below. By: Date: 3 /a �a2 s— Albert J.Krupski,Jr., Supervisor ' /C' V By: Date: Daniel O'Shea,Executive Director 12 EXHIBIT A Program Description and Budget A. Program Description: (Describe activity or service here) B. Budget: The total CDBG costs of this Agreement shall not exceed$5,000.00. The AGENCY agrees to utilize CDBG funds for the following expenses: Salaries and Benefits $5,000.00 Rental Space Utilities Supplies and Materials Program/Service Costs (Specify) a) food and paper products b) c) d) Other(Specify) Total CDBG Budget $5,000.00 C. Levels of Accomplishment—Goals and Performance Measures The levels of accomplishment may include such measures as units rehabbed,persons or households assisted,meals served,jobs created,persons counseled and should also include time frames for performance. 13 The Subrecipient agrees to provide the following levels of program services: Activity Number Assisted Type of Measurement The services will be provided over the following time period September 1, 2024 through August 31, 2026. 14