HomeMy WebLinkAboutComm Devel Block Grant 2004 Cornmttmty Development Block Grant Agreement
AGREEI~IE NT
This Agreement. is between the County of Suffolk (County), a mtmicipal corporation of the State of New
York, acting through its duly constituted Office of Community Development. located at 100 Veterans Memorial
Highway, P.O. Box 6100, Hauppauge, N.Y. 11788, and the Town of Southold, (Municipality), a municipal
corporation under the la~ s oft he State of New York, located at Town Hall, 53095 Main Road, Southold, NY 11971.
The Municipality above named has heretofore expressed its desire to undertake or aqsist in xmdertakmg
essential commmfity dm elopment and hotumg assistance activities as set forth i~ the Housing and Community
Development Act of 1974, au amended (hereinvffter referred to a~ "the Act"); and
The CounW has received and accepted a pant from the U.S. Depada,ent of Housing and Urban
Development (hereinafter referred to as "HUD") for the purposes of the Act pmsuant to Resolution No.q3/{/of
and the parries desire to undertake v~ious eli,robie activities under the Act; and
The parties heretofore have entered into a coopcrative agreement for said purposes.
Term of Agreemeuf: As provided in para~aph 48 of Exhibit A.
Total Cost of Agreement: $164,300.00
Terms and Conditions: Shall be set forth in Exhibits A through C and Exhibit entitled "Suffolk Cmmty
LegiMative Rcquhements Extfibits for Contracts" revised I2.,16/03.
In Witne~s Whereof, the parties hereto have executed this Agxeement as of the latest date ,~lten above.
Town o3~Southold
o h 'I'Io t n
tI~tp ervisor
FederalTa.$payerLD. No. [:I,~C~ 0~
County of Suffolk
Paul Sabarino II
Chief Deputy County Executive
Date
Approved as to Legality.
Approved:
Office of Community Development
// Dire to / /
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Table of Contents
Page
EXlll]3IT A: General Terms and Conditions ........................................................................................ 3
Paragraph 1 Purpose ...................................................................................... : ..................................... 3
Paragraph 2 - Grant Aclministratou ...................................................................................................... 3
Paragraph 3 - Funding ................................................................................................................. 3
Paragraph 4 - Payments and Compensation ....................................................................................... 4
Paragraph 5 - Pmfonnaac¢ ................................................................................................................... 5
Paragraph 6 - County-Muniarpahty Relatonslup .................................................................................. 6
Paragraph 7 - Cituzan Participation ............................................................................................... 6
Paragraph 8 Flood Disaster Protection ............................................................................................... 6
Para~aph 9 - Equal Employment Opportunity and Aff-n-mafive Acttun ................................................ 7
Paragraph 10- Non-Discrimination Under Title V[ of the Civil Rights Act of 1964 and Title VII of the
Civil Pdghts of 1968 ....................................................................................................... 10
Paragraph 11- Lead Based Pahxt Hazard ................................................................................................ 11
Paragraph 12 - Fire Prevention attd Control Act ................................................................................... 11
Paragraph 13 Federal Labor Standards Proxdsions ................................................................... 11
Paragraph I4 Compliance with .Mr and Water Acts .......................................................................... 12
Paragraph 15 Relocation Assistance and Acquisition of Keal Property ............................................... 13
Paragraph 16 Consolidated Plan ......................................................................................................... 13
Para~aph 17 Displacement ......................................................................................................... 14
Paragraph 18 Obl/gations of Municipall .ty ~mth Respect to Ce~mka Thhd Puny Relationsh/ps ........... 14
Paragraph 19 Conflict of Interest ......................................................................................................... 16
Paragraph 20 Books and Records of Accounting ......................................................................... 17
Paragraph 21 - Program h~come ............................................................................................................ 17
Paragraph 22 - Real Propmly ................................................................................................................ 18
Paragraph 23 - Reversion of Assets ........................................................................................................ 18
Paragraph 24 - Equipment - Vesting of'Title .................................................................................. 19
Paragraph 25 - FSnancial Statemenm and Audit Rcqu/remants ............................................................... 19
Paragraph 26 - Use of Federal Funds for Lobbying .............................................................................. 21
Paragraph 27 Political Activities ................................................................................................. 21
Paragraph 28 - Consdunional Prohibition ............................................................................................. 2i
Paragraph 29 - Indemnificafiou ............................................................................................................ 21
Paragraph 30 - Assignment or Subcontracting ....................................................................................... 22
Paragraph 31 Entire Agreement ............................................................................................ 22
Paragraph 32 kqo Oral Chnnges .......................................................................................................... 22
Paragraph 33 - SevarabiHty, No Implied Waiver ................................................................................. 22
Paragraph 34 l~depandent Conlractor ................................................................................................ 23
Paragraph 35 - Offset of Aaxears or Default .......................................................................................... 23
Paragraph 36 - Payments Cmttingent upon Federal Funding ................................................................. 23
Paragraph 37 - GonfideutialJ. ly .............................................................................................................. 23
Paragraph 38 - Phblications ...................................................................................................... 24
Paragraph 39 - Cop)adghts ..................................................................................................................... 24
Paragraph 40 - Phten~ ........................................................................................................................... 24
Para~aph 41 - A~eemant Subject to Appropriation of Funds .............................................................. 24
Paragraph 42 - I"nsnr/arce ................................................................................................................... 25
Paragraph 43 Eubl/9 Disclosure Statement .......................................................................................... 26
Paragraph 44 - 1;ermmation ................................................................................................................... 26
Paragraph 45 - Choice of Law ..................................................................................................... 26
Paragraph 46 - Notic?s and Coxxmct Persons ....................................................................................... 26
Paragraph 47 - Fuaci~g Identification ................................................................................................... 28
Paragraph 48 - Effect[v'e Dates ............................................................................................................. 28
EXHIBIT B: Project:DesCription, Budget, Use of Funds ................................................................. 29
EXHIBIT C: Project Description~ ................................................................................................................ 30
Suffolk Count3, Legislative Re.quirements .................................................................................................... 32
Child Sexual Abhse Reptrting Policy
Gratuities
Public Disclosure Statement
Pa~e 2
]fAS-lIB IT A
Qert¢ral Tem~ and Cortdir/or~s
1. Purpoae:
The Municipally,, for the comlderation hereto provided, a~ees to ctunplete in the most substantia~
worlana~tll, e msr~er the ccmmtmi5' development proje¢r(s'? as deseriSed m 5:~bits "B" aad "C", attached hereto
and rr~de a ~art hereof (l~ereinatter referred to as "CD Project(s)". CD Projects s~mll not be located mtts~.de the
boundaries of the k[,a~thclpality Mthout thc ~winen apprm,al of rite County mad the affected jurisdiction.
Grant Admfui~trafion:
a) Author{zation: NomSthst'anding any other provision ag this A~eemenh the MtmicipahV,_~ must
sul~r~th e,, idcnce, and the Cotmty must cerdfy, prior re any comm/traent of funds under this Agreement, that all ~aut
responsibilities l~ve been met a~d are in accordance ~4~ applicable regulations. Upon such cmfificatton, the
Count3, will give ~otice authoriz/ng the Municipality re begirt CD Project(s).
b) Supen~isinrt: it is agreed that the natm'e and extent of the CD Project(s) undertaken pursuant to '
this A~eemant shall be subject to the general supervision of the Cotmty. 'Ihe County as applicant is primarily
revponsible for the progaarv_ The Municipalit>, agrees to comply fully frith rules, regulation% ~iteria, gu/detines
and expem~irore cou~rols heretofore adopted or to be adopted by the Coun,-T and FederM Governments pmsmmt to
3. Funding:
a) Budget: The Munlcipal/t~ represents mxd a~ees that the Budge~, as listed in Exhibit "C", attached
hereto and made a part hereo fplus program income assi~med re the Muthcipaliq~ by the Count>,, includes all cosr~ of
materials, appliances, tools and labor needed by the Mumcipallty re undertake the CD Project(s).
b) Lira/mi/om: Pa}maents m the Municipality are limited m fm~ds deposited with the Co~mty
pursuant to the Federal grant. Said payment to the Mufucipali~ shall be for approved project expenditures, not to
exceed the budget as li~tcd in Exhibit C plus assi~ed pre=mom income.
The .Muaicipal/ty shall not be re/mbursed fur any project or part thereof, ot~her than adrnirds~zafive
activit/e~, wt~ch attuned prior to t-ILrD% "Notice of Remm~al of Grant Conditions mud Release of Ftmds." (See
Ey2~it A). Activities ~x,hlr:b require compliance ~4th Federal re=~mladons 24 CFR Parr 58 environmental smnderRs
pxecedeut to Relea~e of Ftmds are attached hereto as E~h~it "lB" and made part hereof, tI~ includes the fling for
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Emironmental Review as appropriate. Comphance ~lth Environmental regulations sb-~ll also apply m ~ new or
revised acfivines developed subsequent to E~bits B ~d C.
Execu~ve Order 12372 requ~es ~at Comm~i~ D2velopment projects for ~e pl~ning,
saNraw sewers) must be subdued f~r review and cm~en~ by the New York greta CI~n~ouse and ~e Long
h!mtd Re,omi Phnnfng Bo~4 prior to mple~ntanon. The MmcipaHb- sha~ nor be re~b~sed fo~ any project
or pa~ ~erent} which oecd'ed prior m ~e e~kafion of &e review ~d con~enr peNod. Acfivitie= subject to
co~iimce wi~ Executive Order 12372 ~e indicated N E:~bit B. Co~lmnce wi~ Executive Pxder 12372 ~11
also apply m ail new or rex4scd acfi~des developed snb=equent to E~ibits B and C.
c) Budget Modffica~ons: If requested by the Mnnicipflity, ~e Counq~ may Ncre~e or decre~e ~e
cost of any CD Pr~ec(s), =object m applicable ~ reguNtiom ~d approval by the Co~pj, wi~ ~e
~ders~ng that the total allocated to ~e Mmicipaliw, as speckled ~ E~bit "B" kercof, sM~ re--in ~cMuged
~ess such c~ge is a~roved by ~e Co~B,, ~d provided that ~e ~ding co~ed does not exceed ~e ammmr
of gmat award pl~ assi~ed pro,am Nco~.
4. Payments aud Compensation:
The total anantmt of compensatioa and reimbursement ~hall not exceed the Total Cost of Agreemeat on the
cover page of this Agreement. Together ~ith th/s A~eement, me Municipality shall subtrfit a standard Suffolk
County Pa3ment Voucher lilting all informafinn regarding the em'ices mad other items for wtfich expenditures have
been or will be made during the term oftkis Agreement. All claims for palmaent are to be suhmitted ,x~ithin tl:thty
(30) dam after the close of the month in wkich the ~xpenditu.re was made. Claims are subject to adjusmaents or
audit by authorized personnel of the Count'y, State, or Federal Governments. Disbursements shall be pa/d by the
Mmficipallty and documentation, incluthng any other form(s) reqtfired by the Couury, sh;,dl be rum/shed to the
Deper~em pursuant to, and as Iimited b3q the Regulations for Acanunting Procedures for Contract Agencies o£th=
Suffolk Connty Department of Audk and Control. 1tte Municipality shall be enffrled t0 no more than compensation
a~d/or reimbu.mement as previdcd in this Agreement for the complcfion of ail work, la0ar and sen, ices cunterrrplated
in this Agreement, and in flail reimbursement of all travel and other expenses of every nature and Idnd whatsoeveh
no~vitlutanding the total arnoant of time expended or expenses acmally/ncurred. In addition to an), other remedies
that the ConnW may have, failure to supply tee required documentation x~akI disqualify the Monte/polity from an),
further County contracts.
Pa:mxent of al! vouchers shell ~e according to a schedule prescribed by the Comaty, provided funds are
author~ed for that pu~ose fi'om me Federal Govetmmnt. All clain~ p~eaeamd ~ha~ be on S[~d~d Co~'
Vouchers, ~ a fo~ prescrfoed by ~e Count. State or Federal Gov~mentq. Any fimds advan.zed but
expended ar ~e end of~:e con=¢crperiod ~hell ~ediarely he due and oxx~g to ~e CounB,.
L~on w~en request of~e Municipali~5 the Co~ty ~y au~o~e advances ofFe&ml ~ ~
~ficipadon of actual e:~endi~es, m order to meet M~icxpal pa3zolis or subcon~ac~r expetmes ~ a ~eiy
~er. T~s ~quest s~ll be subdued by ~e M~cipa[[¢, on a fora sFecffied by the Co,~5'.
The MuincipalJW agrees to be~cqn work on its CD ?rojecr(~) x~4th/n a reasonable time after the effective date
of tiffs con,act and meet timely expenditure requirements. The Murficipality x,~/ll be considered to meet timely
requ/rernenm if by ~lanrlary l~t of each year its total balance ofunexpended funds fi.om all pro,am years docs not
exceed 1.5 times the Man/eipallr!'s most recent ennual Commun/~ Development allocation,
If the Mun/cipality has unexpended balanc~es from previous years' funding, w~ch are from Ibur ur more
If the Municipality has a past l~to~ of not meeting r/rnely expenditure requirements, or
II' the Municipaliry, by January 1~ has a total balance of unexpeudad thaxds ~fom ali program years which
exceed 1.5 times the Munimpality's most recent annual Commumty Development allocation, the Cotmty may rake
the follovring actionz either singularly or in combination:
a) Requ/re the Municipality to submit irtformation to the C~tmty regarding the reasous for lack of
performance and actions being taken to ~cmove the cause~ for delay.
b) Require the Municfpahty to demonstrate to the Cotm~, t3mt the Mun[cipa!it7 has the capaciW to
carry out CD Project(s) and meet Community Development timely expenditure requkements.
c) Require ~e Ivlunicipality to submit to the County progress schedules for convicting CD Project(s)
in comphance wit~ commumty DeveIopment timely expand/tare requirements.
d) Issue a letter of warning to the Mmaicipaliry advising thet more scdo~ ~anctioru w/Il be taken/2'
the deficiency is not corrected or is repeated.
e) Require the Municipality to suspend, disconfmue or n~t ~ncuz cost~ for CD Project(s).
f) Condition the Niuthdpali~s allocation o£ Corm'retain/Development funds ~ the succeeding 3'ear.
Reduce the J',,~tntntntt~cipalit3,~s allocauan of Community Development funds in the current year be.'
percent of the total balance ofunexpended funds, fi'om a.I pro_mom )~ars, winch exceed 1 ~ m-nos
the MunicipaliW's most recent annual Corrrauthty Development aIincatio~_
6. Co unty-Municip alii3' Relmin n ~ hip:
Tho rchtionslfip of the M~unicipaIity to th~ County shall be governed as expressly provided for in the
Suffolk Conn~ Co,potation Agreement and tiffs Agreement.
7, Citizen Participation:
The Municipaliw a~ees lo pmx~de citizens ~'ith adequate inforrr~tion concemiag the amoura of funds
available for proI:osed Communi .ty Development projects, the range cf cligibIe activities, and other impomant
program requirements. The Mtminipality also agrees to provide citizens with adequate opportunities to articuJatc
neck, express preferences about proposed activities, assist in the selection of pflorifies, and other~dse assis~ mad
pa~clpate in the development of the Housing and Community Devclopmcnt Program. Pursuant
to this requirement, each Municipality shall hold a~ least one public hearing daring the annual application
prep~at/on p~ind, prior to thc submission to HUD. Th~ Cotmty shall also hold at least one prcsubmission public
heating.
8. Flood Disaster Protection:
This Agreement is subject to Section 202(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4106)
width provido~ that no Federal officer or agency shall approve mug firmnchI a~Mstance for acqinsition or
cm~-ucrion purposes (as defined under Section 3(a) of'~aid Act (42 U.S.C. 400(a))~ one year after a community has
been formally notifted of its ldendl-~cation as a cammuthty containing an a~ea of~ecial flood bs?~d, fur use in day
area that has been identified by the Director of the Federal Emergency Management A~eney a~ an mrea haviag
special flood hazards unless the communi~' in winck such area is simateti is then participating in the Nationn]
Insurance Program. Notx~ithsta~,q;ng the date of H~JD approval of thc recipient% submission of the grante~% annual
zction plan, fimds provided under this part shall not be expended for acquisition or cons~uction purposes in an area
that ha~ been idunlified by fue Fedcrmi Emergency Maaag=ment Agenc2, (FENL~) as having special flood hazards
ttrde~s the co.-'nmtmity in which the area is situated is patxicipatJng in the Nafian~I Fi~od 5~sxwaace l:¥ogmm ia
accordance ~:4th 44 CFR Parts 59-79, or less than a y~ax has pa=sed sknce FEbIA notification to the commlmi~,
Page
rcgardia~i such hazards; and flood insurance is obtained tn accordance with Section I02(a} of ~e Flood Disaster'
Protection Act of 1973 (142 U.S.C. 4001).
An}' cona--_-ct or agreement for the sale, [ease or other n'ansfer of land acquired, cleared er improved ~4th
assistance provided ,under LEis A~-eernent shall coarain~ i£s~tch land is located in an area identified by ~h: Federal
Oovermneat as having special flood hazards and in whi~-h the role orr%od insurance bas been mad, cx"ailahle under
the Flood Im~ance Act of 1968, a~ amended, 42 L-SC 4001, et. seq., provisions obliga~g the transferee and ils
successors or gssi~s to obta/n and maintain, during frae o~mersb/p of such. land, such flood k~urance as rcqu/icd
~id~ respect to financial assistance for acqutsition or consUmction purposes under Sect/on 102(a) of the FIood
Disaster Protection Act of 1973. Such provisions shall be required, nomdfl~star~ding the hct rhar the consrmcion on
such la.ad/! nor itself f~mdect w/ch assistance provided trader this Agreement.
9. Eqnal Employment Opportunity ~nd ~fflrmative Action:
a) Equal Oppo~luni .ty: In cart}ring out the Con,.mnm .ty Development Program, the MunicipaEg..- shall
ensure ~t no person, on the ~ounds of race, color, :reed, ancestry, disability ur other hand/cap, apr.,
mardtaFfamil/al stems, national origin, reli~on or sex be excluded from parficipatian fi% be denied the benefits of, or
be subjected m discrimination under any program or activity funded in wholc or in pu~x ~dth Communiw
Development Block Grant ftmds.
The Mtmicipality shall take aBLLa~ati*e action to insure that applicants for employment are
~raployed, and that employees are ~reated during eraployment, without regard to their race, color, creed, ancesu-y,
dksability ur other handicap, muritaVfamllial status, religinn, sex, age ur national origk~ Such action shall ir~clude,
but not be Iimlied m, the folloxxing: err~loyrnent,, upgrading, demotion or mmsfar; recmit~nem or r:cmitmant
advertising; Iayoffor termination; rates of pay or other forms of compensation; and selection for trai,ing, inch~ding
apprentic~kip. The _,'Mun/cipalip, shall post in co,-upicuous place~, available m ernployee$ and applicatats to
=mplo}~nent~ notices to be provided by the Federal Government seer/rig ~brth the provisions of this non-
discrimination clause. The Mtmicipality shall state that alt qualified applicants x~411 receive consideration for
employment without regard to ~ace, color; religion, sex, age, creed, ancesu'y, disability or other handicap,
marital/familial stems or national origin.
The Mtmicipality shall incorporate the foregoing requircmeau of thi5 Subpa~-agraph a in ail of it~
contracts for pro~arn work, except contracts governed by Subpara~m-aph b ot-rhiq P.~ao~z'aph, and will requh'e ~ of
its contractors for such work to ~corp_ orate such requirements in all subcontracts £or pro~m'arn work
Page 7
The iVlnnicipaliry slml} have irs o~m Affi~znative Action Plan w~ch meets Federa~ requke~ars
~n file wi~ ~e CouaB~ Co~uni~Deve!opmen[ Office ~d approved by HL~ or be homed by a
:~marive Action PI~ developed by the Co~¢' and applicable re local p~o~el ~ded ~5~ Cammu~
Deve!opmenr Block Grant ~&. ~e Co~ Conm~mfi~ Developm~m D~ecmr shall be desigm~ted as ~e
Conso~mm's A~afive Action
Sep~at: Co~m~mm~ Developmem Agencies, will be requked m ~evelop and impl~em ~ek
A~tive Actioa Plan, unIess such ~ pl~ has akeadybeen developed ~d approved by ~. ~e ~[genc)% PI~
must be subdued ro ~e U.S. Depmkuenr o~Housmg ~d Urb~ Developmem for iu review ~d approval. If[kc
PI~ is not acceptable ro ~e Co~? or ~, ~e Co~i[~ Development Agency will be requked to ~ubt~
revised Plan(s), ~1 a~raved by HUD,
.~ e~Ioyees of~¢ Municipah~ p~d M~ CDBG ~u~ must meet ~ New York Store O~ii Se~dce
RequimmenB for emplo}ment however, ~s provgion shall not apply m any Co~' Developm~t Agency or
im
b) Con~ac~ Subject m Executive Order 11246, as ~ende~ s~l be subject m ~
E~lo~enr Oppot~¢ re.lotions at g4 C~ Pa~ 130 apphcable to ~-assisted co~cfion conmcB.
~ne ~{U~Cip~i~ shah ca~e or require m be ~sened ~ ~ in any non-~xc~t concoct ~d subcon~act
lbr co~cfio~ wor~ or mo~ficafion ~ereot; as de~ed ~ said re.lotion, w~ch is p~d for ~ whole or p~
~si~mce provided ~der ~ A~eemen~ ~c foHo~Sag equal oppo~ clause:
D~ng the perfo~nce of thi~ con~cL ~e eonmactor a~e~ ~ fo~ows:
1. ~e conmacror ~5~ nor disc~mimm aga~sr any employee or applic~t for e~lo~ent became of
race, color, religion, se~ age, creed, ~ces~, ~sab~ or other h~dicap or mafimI,'familial stares
or naffo~l ofi~. ~e conmactor ~H ~e a~dve action m en~e ~r appli=~ are
employc~ aaa ~= c~Byce~ ~e ~ated d~g e~lo)mea~ ~ ~om s~h ~sc~ation. Such
acnon s~ll include, but not be ~ted to, ~e follo~g: emplo~enr, up~a~g, demotion or
te~inafion: ~es of pay or o~er ~o~ of compensation; ~d selection for m~g, [~luding ·
apprenficc~i~. ~e con. actor a~es m po~t ~ conspicuo~ places, available to employees
applic~ts for empl%ment, notices m be provided by ~e con~ac~g offi:er se~g fo~ ~e
provi~iom of ~s nomd~c~mfion cla~e.
2. ~= con~cmr MH, m all soHcim~o~ for advertisements fo~ e~Ioyees placed by or on be~lf of
~e con. actor, state ~at all qualified applicanm v,~l receive co~idemfion for e~los~nt x~out
regard romce, color, reRgion, ~ex, age, creed, ~cesW, ~sabfliD' or o~er h~cap or
3. ~e conmactor ~ send m each labor ~ion or representative ef workem w[~ which he has a
collective b~ga~g a~eemear or other conmacr or ~der~g, a notice ro be provided by ~e
conmact Co~li~ce O~cer ad~i=iag ~= s~d [abo~ ~on or xvorkers rep~enmnves of~e
co.actor's core.ear ~der ~ sec~on and s~ll po~t copies of~e notice m com~icuo~
places available to e~loyees and applicant~ for e~lo~enr
4. ~e conductor ~q21 comply ~5th all pro~sio~ of Executive Order 11246 of S:pmmber 24, 196>,
~d of the roles, re~afio~, ~d relev~r orders of ~e Secremo, of Labon
Page 8
The contractor will furmi~2 all information and repons required by Executive Order 11246 of
S~tember 24, 1965; 24 CFR 570.603; and 24 CFR 570.607; and by the rules, regulations, and
orders of the Secretaries of Labor and Housing and Urban D~v~=lopmen% or pursumat thereto, and
will permit access to his books, records mad. accou.ets by thc Federal Government ~md the Secretary
of Labor fo, purposes of investigation :o ascertain compiiance with such rules, regulations
orders.
In the croat ,~£ thc cur_tractor's rton-compil~nce '~dth the non discriminatinn zlauses ofthi~ con,act
or ~'/th any of suck ruies, regulations, oz ordain, this comract may be cancelled, terminated or
suspended in whole or m parr and the eonVractor may be declared ineligible for fihrthcr
Government coa~acts or f'ederally assisted cm~,truction contract procedures authorized in
Exeemive Order 11246 or September 24, 1965, or by role, repulsion, or order oPthe Secreta~, of
Labor, or as otherMse provided by law.
The conuactor will include ~e portion of the sentence Lfltmediately preceding lfaru~aph 1 through
! m eyeD' subcontract or purchase order unless exempted b} rules, regulations, or orders of the
Secretary of Labor issues pursuant to Sect/on 294 of Execu~dve Order 11246 0£ September 24,
1965, so that such provisiom will be binding up~a ~ach subcontractor or vendor. The ccarractor
will take such act/on with respect to arty subcontract or purchase order as the Federal Govermment
may d/feet as a means of enforcing such provisiorm, including ~anctinhs for non-compliance;
providing, however, that ha the event a ~on~actor becomes invoh, ed in, o~ ls d~¢atcned wittk
hilgatinn with a sub-contractor or vendor as a "result of'such direction of the Federal government,
the contractor may request the United Stares to enter irtto such litigalion to protect tbe interest ut'
the United States."
The Mkmicipality further agrees that it '~:Jl be bound by the above eqttal opportunity clause t~dth respect to
its owu cruployru~at practices when it participates in Federally-assisted construction work: provided, liowever, that
if the Municipality so participating is a state or local govermuen% the above equal opportuiniy clause ts not
applicable to any agency, imummentality or subd/visiou of such goverameut which does rtot pastic~pate/2 work on
or under the contract.
The Mmaicipality a~ees thru it will assist and cooperate actively with the Federal Government and the
Secretary of Labor ha obtaining the compliuncc uP contractor's and subcoatractors with the equal opportunity clause
smd the roles, regulatior~ mad relevant nrders of the Secretary of Labor; that it will fm-zfish the Deparlrnent and. the
Secretary of Labor such informarina a~ they may requ/re for ~e strpenhsion of such ccmplia.uce a~d that ir Mil
otherwise assist the Federal Govermnent in the discharge of ks pt/mary responsibili~~ for securing compliance.
rhe Mumcrpahty further agrees that it will reft'aLu fi:om enter:rog into uny contract o~ contract modification
subject to Executive Order 1 I246 with a contractor deban:ed front, or 'M~o has not d~mousUat~d el/gibility for,
Govemmeml con,:acts and Federal/y-assisted cunsWact/on con,'acts pursuant ro the l~×ecu5ve Order and will carry
out stroh sauc[io2s a~d per~alti~s for violation of the equal opportusdty clause by any Govermmeut cohlractar in
accordance Mth procedures established bdr the Secretary of Labor pur~uhant to Ps_rt II, Subpart D, of the Executive
Order. [a ad~rion, the Municipality a~m-ee$ that if it fails or refusas to comply with ~ese under*~lo~gs, the ?'ederal
Government may rake any or ~di of the tblloudn$ action~: cancel, rerm~te, or suspend in whole or in pm-z the garj_t
or loan guarantees; reft-sin fi'om extending uny further assistance to fha Municipality trader the program with respect
Pa~e 9
to wlfich the faftm e or refusal occurred until 2he satisfactory assm-ance of ti~tm'e compliance Ires been received from
such MunieJpMits,, and refer the case to the Depart'usnr of Justice for appropriate Iegai proceedMgs.
c) Section 3 of thc Housing and Urban Development Act
Tbs )JunicipaliW slmll comply with Semion 3 of the Hot. lng and Urban Development Asr of
t968 as same may be amended fi-om time to time. h~ planning and carrTing out Commtmi~ Development projects,
tEe Municipality shall ensure, to the gt;atest e~tent i'ea~ible, that oppmxuniries fcr tzaini~.g and emplo)a'nent be giver~
to lower irteome persons residing within the boundaries of the Count3., consortium and that con<acts for work on
Connnanity Development project~ be awarded to eligible bttsiness concen~s which are located hi or oxvaed in
mhsta, fial p~rt by persons residing within the boundaries of the Consortium.
The Mttmcipality shaft cause or require to be irmerted in fall, in all eontracts and subcontracts for
work £manced m whole or in part with assistance provided under this Agreement, the Section 3 clause set forth th 24
CFR 135.20(b), The Mtmkipality shall provide such copies of 24 CFR Part 1 t5 as m~y be necessm-y for the
information of parties to con,acts ~cqn/ccd to contain the Seefion 3 clause,
d) Mh~or~ty Business ~nd Women's Business Enterprise
The Mun~cipaliW must comply w/th E×ecutive Orders 11625 ~d 12432 and at a
good thi~ eflbr~ to enco~ge ~¢ ~e of~uoriw ~d women's b~¢ss enre~fise ~ co~ecfion wi~ Co~,
Development ~dcd activities.
~e M~cipali~. to the ~ extent pass,bls, shall ensure ~e incln~un oE~odfies and
womem and enftdes o~atcd by ~onfics and women, ~clu~ng, x~thous ~m~on, real estate F~m, co~mc2on
fi~% ~pra~M ~, ~gement ~, ~ndal M~timtia~. hveament bang f~, ~dem~te~,
acco~mnm, ~d provider~ ofleg~ sensces, m ~ con.acts entered Mto ~ tach pe~ons or entities, public ~d
private, m order m faciBmre ~e ac~vkies of~e Co~mW Developmem Pto~
I0. Non-Discrimination Under Title Vi of the Civil Rights Act of 1964 and Tiffs ¥III of the Civil Rights
of 1965:
This Agreement is subject to the requirements of Title VI of the C/vii Right~ Act of 1964 (P.L. 88-352) and
IT[ID regula~ons with respect thereto including tee regulations under 2'[ CFR Parc I. No person La the Un/ted States
sh~ll: on file grolmcls of race. color, reli~on, sex, age, creed, ancestry, disablhw or other handicap or markal;fanu'lJal
stems or national orion's, be excluded ~rom p'.~rficipation ia, be denied 2he benefits af~ or be subjected to
dis:r/m/nation und~ any' pro~arn or acuvi~y recei,Ang Federal £manciaI assiztance.
~a~e lO
This Agreement is alto su'oj¢c~. to the requirements of T~tle ~.~ of ~e C~vil ~ght~ Act of 1968, ~o~ a~
tM "F~k Hous~g Ac?, wl~ch provides tha~ it is ~e policy of the U~led g~aees m provide, x~dt~ constim~onal
~tati~n=, fab housNg tP~oughou~ the UpCted Stores, and prohibRs ~y person from disc~fing ~ tM sale or
renlal of hous~g, ~e FmancNg of hous~g, or ~e provision of brok::age sc~'~ce5, ~c!u~g ~ any ti.a) maNng
u~vailabla or dealing a dwelling to =ny person became of race, color, reh~on, sex. age. cree< ance~, ~gabiliU'
or other handlesF or ~dmFfa~lial sta~ or national odgN. ~e Mm~cigality is req~r=d to ai~er a~
progra~ a~d acoifies related to housNg a~d co~W development in a ~er to a~fively ~er fak
In addison, ~e M~icipali~ must make Co~u~W Developmem ~n~ syllabic in aceord~c= va~ ~c
Fak Ho~Ng Act, Execu~ve Order 11063, as me~ded by Execuxve Order 12259 (liqual Oppo~i~' ~ Hous~g),
Title ~ of~e Civil ~lf Act of 1964, ~e Age Dise~fion Act of 1975, ~e ~ic~n~ Wi~ DNabilifies Act
of 1990, SecSon 504 of~ Re~bihmaon Act of 1973, ~d fl~e requkements of Execa~ve Order 11246 (EqmI
Employment ~pom~9, as ~ndedby Exacufive Or,ers 11375 and 12086.
11. Lead Based Paint Hazards:
The zons~'uction or rehabilitation ofresidenffat structures wSth assistance provided under this A~'eement is
subject re the requirements of 24 CFR Par~ 35, subparts A, B and R and subparr~ C tt~ough iv[ when applicable.
Any rehabilimtion or azqulaition of residential structures by the Mtmicipatity with assistance proxqded under fl~is
Agreemem sMll be made subject .to Lead-Based Paint Poisoning Prevention, and the Municipality shall he
reapomthle for no~ificanons, certified hazard evaluations, c~rtifi~d .hazard reduction, certified safe consU'uction work
places, ¢~rtifi_ed zlearances and record keeping.
12. Fire Prevention and Con~rol
Housing assiimnce provided in the £orm cfa grant, contract, loan =~.rantec, cooperalive agrecmeut,
interest subsidy, interest or direct appropriation under thi~ Agreement is subject to the provisions of ~e Fire
Aclmkfis~ration Authorization Act of 1992 (Pub. L. 102-522). The Municipality shall be requires m comply ~htb
applicable fire protection and safer/stlmdards.
13. Federal Labor Standards Proxqsions:
Except ~-[th respect to the reb~thflitation of residential property desidned ~br residential u~e for less thaa
=ight (8) fiumilies, the Mtmicipality and ali M'auicipali~es engaged tm_der contracm in excess of !two 2~_ousand
Pa~e ~l
($2000.00) Dollar5 for the construction, prosectlfiOll~ cbrnple~ofi or repak of any building or wozk 6nuanced in whole
or in part s~th assistance provided under this Agreement, shaJl comply with HUD requirements per~aimng to such
coutracL~ and the appl.~cable requirements of the Davis-Bacun Act as untended (40 U.S.C. 276a to 276a
govern~g the pa}~:nent of wages and ~e ratio of apprentices a.~d ~rainces to jo~e3que~z; pru~,idzd, that jf the wage
rates imposed by State or local law are k/ghat than thnse required t~nder such regulatior~ nor/dug hereunder
intended to relieve the Mtm/cipaiiDr ofiu obligation, finny, to require payrncm of the higher rated. The
Murficipalk3, shall cause or require to be inserted in fi~ll, h~ all such con,'acts subject to suclx regulations, pro~'ision~
mcctlng the reqinrements of 29 CFR Sees 5.0-5.32 a~d in suck contracts in excess of Ten Thousand Dollars
($I0,000), 29CFR Sees. 5.0-5.32 and 3. I-3.11.
No award of the contracts covered under tins Paragraph 12 off. bis Agreement shall be made to an)'
Mtmi¢ipali~' who is at the time ineligihle mater the pro~dsions of any applicable regulatons of the Federal, Stme or
local govemrnents.
14. Compliance With Air and Water Acts:
T~s Agreement is atthject m the requiremenls of the Clean Air Act, as amended, 42 USC 1857, et. seq.;
the Federal Water Pollution Control Act, as araended, 33 USC 1251, et. seq; and the ~egaladons of the
En~rerzr~ntal Protection Agency with re~ect thereto, at 40 CFR 15, as may be amended fi'om time to flute.
In compliance with smd regulauo~, the Muni¢ipaliW shall cause or require to be inserted in fail in all
contracts and subcontxacu xxdth respect to ~my non-exempt transact/on ~ereunder funded ~ith assistance provided
under tl~s Agreement, the followdng requdrements:
a) A stipulation by the contractor or subcontractors that any facil/ty to be utilized in the performmace
of'uny non-exempt contract or subcontract is not hsted on the Lisa of Vinlatmg Fact/ties [ssued by
the Environmental Protecfio~x Agency (EPA) pursuant to 40 CFR 15.20.
b) Ag~eernents ~y the contractor to corr~ly with all their requirements of Section 114 of the Clean
.Ma- Act, as amended (42 D-SC 1857c-8) and Section 308 of the Fecl~ral Water Pelludon Control
Act. as remanded ['42 USC 1857c-g) and Section 308 offrhe Federal Water Pollution Control Act,
as ~mended (33 USC 1318), relating to/~spection, mon]toring~ en~], reports, and kfformaficn, as
well m ail other requirements specified in said Secaon 1 i4 artd Section 308, mad ali reg'aladens
mad g~ddeline~ i~suefl theretmder.
e) a. stipulation 'that as a condition for tlxe award of the conlx-~ct, prompt notice w'ill be g/.ven of any
norfficatiun received ~om the Ddrector, Office o£Federai Acid~dties, EPA, md.iea~L~g that a facilig;
u~ilized or to be utilized for the contract is ander consideration to be Eared on the EPA List cf
Violating Facilkies.
d) Agreement by the contractor that ire ~x411 include or cause to be included the criteria and
requkement= i~ stthpar~graph5 a t]xough d of this Pasagraph in every non-exempt subconlzacr and
requiting that the contractor ?MIi rake such action as the Federal Gove_wa'ment ma3, direct as a
means of enforcing such provisions.
In ro evem shall an/., amount of ~e assistance provided under this Agreemenr bo utilized v. hdi respect to a
facllih, wNch has given rise m a convicUon under Section 113(c)(1) of the Clean Air Act or Section 209(c) of ~e
Federal Water Pollution Con,roi Act.
15. Relocation t, ssistauce and Acquisition of Real ProperS.:
The Municipality shall provide fair and reasonable relocation payments and assistance in accordance with
the Uniform Relocation Assistance and Real Proper~ Acquisition Policies Act of 1970 as amended and the
go; emrnentwide LrlC* regulafio~ at 49 CFR Par~ 24, to or for families, individuals, parmerskips, corporation, or
associations displaced as a result of an3: acquisition ut'real property for an actixd~y assisted under the program.
The Municipality shall inform potential displaced peraor, s of the benefil~, policies and procedures provided
for under HUD regulations.
The Mm~icipali~- =hall crow out d~e relocatinn process in such a manner as to provide such displaced
perions with unlfarm and co=sistent services, including an3,- services required to in,are that the relocation process
does not result in different or separate treaiment 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 Unifmm Relocation Assistance mad
Real Propeay Acquiaidon Policies Act of 1970 ils mended and rlm govemment~4de UtLA_ regnfation~ at 49 CFR
Part 24.
16. Consolidated Plan:
The Municipality., as party to the CorramninLy Development Program, and as a par~cipant in the S~blk
Count5, Consortium, acknnwledges that it is eon~-actnally and otherwise legally bound per prior r~olution o£its
goverrtmg body to use its best efforts to ensure the cart3~g out of the goals of the Consolidated Plmx a~proved by
HUD. The IVlumcipal/ty &mil also be contraco-mlly -,amd legally bound to use its be~t e~bru to enauz: .'.he cmn-3'ing
out of the Consolidated Plan whinh is currently ia effect.
Page 13
17. Displacement:
Ti'tis Agreement is subject to the requkemants of Section t04(d) of the ACT wkich requires thc
m~.plcut~atatiov, of a policy ro _minimize the displacement of persons from the/r homes and neighborhoods and ro
mirigare adverse effects of such displacement o~ Iow and moderato income F-e.sons. In accordance, the
Municipa!it3r shall fbi[ow the SufIblk Count-/Cotlkctam~, Development Consortium Policy and Proceduxes on
Displace. meat w'hen knplemen~ing CD Projects.
18. Obligations of~lunicipal/ty With Respect to Certain Third-Party Relationships:
The Mun/cipal/ty shall rcma/n fully obi/gated mtdcr LSc pro~sions of this A~eemen:, nomSthstandmg its
designation of any third part5, or parties for the undcrtaldng o£aII or any p~. of the pro,am for which assistonce is
being provided under this Agreement co th: Muninipali~. The Mun[cipaliva, shall comply v4th all la~qul
requireman~s applicable m the County as the applicant ~mder the Housing and Commun/pj Development Act of
1974, as amended.
An.~ contract benveen the Mtubeipality and a tifird-party subrccipient shall be/n comlJlianc¢ ~vlitt al/
applicable Federal, stare, and local Iaws, rules and regulalSons and shall include the folloMng provisions in a x~ttan
b)
c)
d)
e)
A dsscription of each rusk to be undertaken by the subrecipient, a schedule for
completing each rusk and a budget for each raslc
Specificatio~ ofrecorda, reports and dam m be ma~tained or submitted.
Designation of whether program income is to be returned to the Munic~pali~, or retained
by the subrecipient. Where the subrecipient is to retain the program income, the specific
acfi~dfies to be undertaken ~Sth the program income shall be/ndicated, and all the
provisions o£ the Agreement shall apply to the acti~4ties undertaken. Ali pro~mmn income
shall be substantially disbursed for agreed-upon acfixdties before the Murdcipality shall
request additional cash ~rhdmwaI~ for the same actisdhes.
P~equ/rement of compl/ance ~5th applicable OMB Circulars.
Comphance v, Sth the folloMng Federal. law and regrdations:
1) Public Law 88-352 the Civil Rights .4.c~ of 1964 and Public Law 90-284 knm~
as the Fab- Housing Act.
Page 14
g)
2) Se.zrion 109 o.~ the Act requiring that no per~on be excluded from participat/on
or den[ed bet~eftrs, or be sub.iected to discrimination on the ~euad~ of race,
color, national ongi~ se_x. creed, ancesu7., disability or other handicap or
ma~ta!,familiar stems.
3) Section 1 i0 of tiao Act regardthg labor standards tbr con.actor or
subcontractora pe~orming construction work.
4) Section 202(a) of the Flood D/sast~ Protection Act of 1973.
5) Executive Order 11246 ~hich prohibits tliscriminst~on in emplo)~nent and
Section 3 of the Housth~ and Urban Development Act of 1968 regaXdilag the
provision of employment ~o low income persons residing *;5thin [he boundaries
of the Consomium.
6) 42 U.S.C. 3535(d) 4821 and 4851 of the Lead-Base Paint Fdisordng Prevention
7) 24 CFR Part 24 prohibit/nS the use of debarred, suspended or ineligible
contractor or subreci?iemm.
8) 24 CFR Part 570.511 regulafion~ prohibiting persons receiving benefits who
have a conflict of interest.
9) 24 CFRPart 570.2000) which proscribes the me of CDBG ~q. mds by religious
Indication that the Agreement may be terminated for default, inabiliD,, or £ai[uz¢ to
perform_
Requkem~.at that any CDBG funds on hand or accounts receivable a~ the dine of
termination shall he retrained to the Mtm/ulpalky.
Provision re ensure that any real property render the subrecipien¢s control that ,a-as
acquired or imloroved/n whole or in part xxSth CDBG fun~ in excess of $25,000 is either:
1) Used to meet one of the national objecli~ es £or at least fi'ye year after e×piraliun
of thc A~eement, or such longer period or-tinge as d¢~ermined approphate by
the County; or
2) Disposed ofk~ a ~.n.¢r which result~ in the Murdcipali~' being reimbursed in
the mount of the cmn'out ~<air markee value of the properS.' less any portion
Page 15
auxibutable re expenthmres of nomCDBQ frmds Ibr acquisition of, or
Lmprovement to. t2~.e property.,
Provision to ensure ti_ac
l ) No Federzl appropriated fimds have been paid or Mil be paid: by or on behalf of
the subrecipienL to an3, person for im'luanchng or attempting m int'lnence an
o~ccr or emplo3ec of any agency, a ,_',l~--rr. ber c£Con~ess, an officer or
employee of Congress, or att employee of' a Member of Can~ess in connection
with fl~e awarding of any Federal con. act, the maldrtg of any Federal ~ant, the
making of an3, Federal loan, the entering info of any canperarive agreement, and
the extension, eontinuaaan, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agr.~ement.
2) If any funds oflaer than Federal appropriated funds have been paid or will be
paid to an3,- person for influenchag or attempting to influence an oflficer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, t~r an employee of a Member of Congress ia comnect~on with ri-as
Federal contract, grant, loan, or cooperative agreement, the subrecip[ent shalI
corr~lere and su/om/t Standm'ct Form-LLL. "Disclosure Fern to Report
Lobb3./ng", in accordance ~4th its [mamcfions.
Conflict of Interest.'
a) Interest o£Certain Federal Officials: No member of or Delegate m the Congress of the
United States and no Resident Commissioner shall be admitted to any share or part of this Agreemmat or to any
benefit to arise from the same.
b) Imere~ of Local Public Officials: No member, officer er employee of the MurdcipalJty or
its designees or agents, no member of the governing body of the locality' in wh2ch the program/s situated, zaxd no
other pabhc official o£such hical/W or localities v-ho exercises any functions or respovs~ilides xvith respect re the
program durhig his tenure or for one year thereafter, shall have any interest, clkect or indirect, i. any eonttac~ or
subcontract, or the proceeds thereof, for work to be performed hi anrmeefion xvith the pro.am assisted under this
Agreement. The ~X'[u~cipallty shz21 it~coeporate, or cause m be incorporated, in ali such conwacrs or anbcontracts a
provision prohibiting such interest pursuant tn the purposes ofth~ paragraph.
Page 16
c) Prohibkian Against Pafraents of Beans or commtssion: The assistance provided under
tk[s A~eernen~ shall ~et be used hn the pa}merit of an}, bonus or commJssio~ for thc propose of obtaining HUD
approval of the appiiearion for such assist.~-uce, or HUD approval of applications for additional assistance, or anp
other approval or concm~rence of I-[O~) required under this Agreement, Title I of the H,~ing and Commuairy
Deve!opmant.4.ct, o~ HU]D regniztlons ~xith respec~ thereto; provide% however, tha~ reasonabl~ fees for bona fide
technical, consultant, managcriM er other such sm ¢iccs ken/zed on the basis of time and imperials other ~n actual
solJcitafion~ are nor hereby probAbimd i~ otherwise eli_~ble as t~rogrmm costs.
Ba~ks and Records of Accounting:
The MunicfpaHt3, agrees that ff s~ll keep ~d ma~mth sep~ata boo~ of account and record~ conce~g
all costa ~c~ed in ~e pe~o~nce of this A~eement, and ~at i~ sh~[ have ~vailable fm aunt ~d ~pecdon by
~e Co~D' or by authored representatives of~, all ~e M~icipaHV's facili~es, books ~d athnr ~ane{~l and
sta~dcal ~ta~ whe~cr rclated to ~e ~ P~ject(~) o~ otherwise. ~e M~cipali~y a~ees to ~ta~ or subt~t m
the Co~W, as ~4dmlly req~ed, the follo~ng dare or doc~en~, or ~omfion to complete &e fdilo~g
document:
Project Descfip~on Fo~
Envko~nta [ Sm'ey
Demo~ap~c Sm. ey
Budget Mo~catio~
~E04 EmpIeyment Da~ Fo~
M~odW Bmq/ness Ente~h~e R~on
0~er ~ta ~ ~y be requked by ~
Program Income:
The Count3' shal~ assign program incom: generated by thc Municipality for thc purpose of carry/rig out
eligible Community Development activities_ ,adI provisiom of this Agreement sl~l apply to the u_~e of program
income a~signed to the Municipality by ~he County. The Municipality shall inform the County of ail income
generated by the expenditure of Community Development fimds received by ~e Mtmic'/paliry and m substmatiafly
disburse a~signed prubuam/ncome far eli~ble Corranunig.- Developmenr Activities before additior~a;~ cash
· M. ththavmls are made by the County- ~om the U.S. Treasury for the same activity. The County w51l requixe ar the
end of the prograan year, the remi~a.uce by tho Muulcipality of alt or part of any program income balances
Pa~e 17
(thcindthg investments thereof) held by the Municipality (e'ccept those needed for immediate cash needs, cash
balmxces of a revolving loa~ fi_md, cask haiance~ from a lump sum drawdo,.~m, el' cash or/nves~cnts held for
Secnon 108 seztmty needs), if a blumcipality x,,ithdraw3 from the Suffolk CotmB' Consortium prier to the
expiration of the Cooperation Agrezmeat ber~,¢en the i~iun/cipaliry and the Cotmty, ali pxo~azn income received
and not expended in accordance ~xSth th/s Agreement shall be due and pa;~bie m the County
Real Property:
Real property acquired or improved in whole er m parr using Cothmuni~ Development tunds that ii x*~thin
the eunrro[ of the Mumcipality shall require the following actions:
a) Yne timely not/fication et'the County by the Municipality of any modification or change
in the use of the real propcr'ty from that plmmed at the franc of acquisition or kmprovem:nc
including disposition:
b) ReinJ. bursement of the County in a~ ~u~.~ant equal to the current fair market value (less
any portion thereof auriburab]e re expenditures of non-Commtmity Development funds)
of properO' aoquired or improved ~xSth Community Development funds that i5 sold or
transferred for a me which does not qualify under the Commtmity Development
regulations; and,
e) Return of program income re the County generated from the disposition or ~ansfer of
property prior to or subsequen'~ to the close-out change of status or xerm/nation of the
Coopem~on Agte¢~ncnt between ~ Cotmty and [he Mtmicipality.
23. Reversion of Assets: _Shy real proper.ry, under the Muulcipali _ty's con~ol that was acquired or
improved in uhole or in pm't xxfth Cammurdty Development fun~ in excess of $25,000 shall be ei[h0r:
a) Used to meet one of the national objecfi,,es in 24 CPK part 570 until five (5) years after
expiration of this Agreement or terro_inatio~ of thc Cooperation Agreement, or such
longer period o f 'drne a,s determined appropriate by the County; or
b) Disposed of in a manner ~hich results in the Cotmr's' being reimbursed/n the amount of
the current fair market value of the property le~s any portion thereofauzibumb~-e to
expenditures ofnon-Commmmty Development funds tbr acquisition of, or improvement
re, the proper'o,.
24. Equipment - Yesting of Title:
Tide to all the mareriais, appliances, and mois, purchased w/th fund~ provided
under this A~'eement, shall vest in the Municilsality and shall be used and disposed of ~u accordance v, dth 24 CFR
Part~ 85.32 & 85.33.
25. Financial Statements and Audit Requirements:
a) NorvAthstanding any other reporting or certifieafioe requ/rements o£Federal, State or local
eathorhi==, thc Muaicipaliity shall obtain the statices of an independent licemed public accountant or certJli=d
public accountant (the "AndStor") to audit iN Financial statements for each Mumicipality's fiscal year in which the
Municipality has receh'ed, or will receive $500,000 or more ~]'om the Count3', whether under this A~eemenc or
other~-ise, and shall submit a report on the overall famncial condition and ap*radom of the b. funicipall~,, iacluding
a balance sheet and statement of h~come and expenses, attested by the Artditor as fairly and accurately reflecting the
acco%rating records of the MnnicipaIity in accordance with generally accepted accounting principles. The
Municipality is encouraged to solicit requests for proposals (RFPs) fi.om a nnmber of qualified accounting frans and
to review carefully the costs of, and qualLqcarions far, this type of work before selecring the Auditor.
b) The Auditor should be required to meet the follo,~Sng rtqnlmm'n requirements:
t) a current hce~se issued by the New York Stare Educa~on Depat Imenr,
ii) sufficient aud/~ing e_xperiencc in thc nonprofit, governmental or profit-ma -k/rig areas, as
applicable; and
iii) a satisfactory peer review issued -within no/more than three years prior re the date when
the Auditor was selected to conduct the audit.
c) The audit mu~t be conducted in accordance vrkh generally accepted governmental anclitiag
standm-ds (GAGAS). Finm~cial statements must clearly different/ate betwe,n County-fimded progr~mn and other
pro,arm that the Muthcipalit3, may be operating. The use ofsubsithaD' schedrdes should be encouraged for this
purpose. The A~tditor must also prepare a management letter 'eased on the audit.
d) Furfaermore. ffthe Municlpali .ty exp~mcls S500,000 or more o£Fedeml me,es: whether as a
recipient expending a~m-ds receix, ed dir¢crly fiwra Federal awarding agencies, er as a subrecipieut expending
Federal awards received from a pass-through enrirL such a~ New York grate or SuffoE~' County, during any
p~fiod ~ithin which ir receives funding under reis A~eemcmt ('T~ca[ year"}, the andir must be couducted~ and the
audk repo~ ("Single Audit Report") must Be, in accordance ~4th 05125 Circulm' No. A-133 (re,fined June 2'4-, I997}_
Pa~e 19
Single Audit Reports must also be submitted to the designated~ clearinghouse, cognizant agency and/or pass-tkrougk
enfiw, to the extant required by the OM]B Circular just referred to.
¢) The ~unicipality must submit a statement in ~vidng, ce,'~ified by iS chief £manckal officer,
sro;es the amoaut of Federal ftmdmg expended by ~e 3,iunicipahty durmg such £merzl year. The Mumicipality avast
n-mi] or deliver the crucified slatement to the Dep~,~ ~ent and ro Elizabeth Tesoriero, Exec'ative Director of Auditing
Servi:es, Suffolk County Depar~nent of Audit and Consol. H. Lee Dennison Building, 100 Veterana ivlemofiat
hI[ghw~y, P.O. Box 6100, [-Iauppaug¢, New Yolk 11788-0099, as soon as po~. role ~f~er the end of the
Mutheipality's 15sca[ year The statement should tach, de ALL Federal fimding received dfi.ecrly from the F~deral
Oovemment and ALL Federal funds passed through fi.om the County and other pass-through entities.
f) Copie~ ofull ~iuanci~l statements, management letters, Single Audit Reports (if applicable) and
other audit repork% if required, must be transn~tted to the Depa~tn~ent and to Ms. Tesoriero ar the adckess just set
forth. The reports must be submitted with~ thirv/(30) dey~ after :ompIetion ofth~ audit, but in no ovent Inter than
nine (9) months after the end oI' the Municipality's fiscal period ro which the audit relates.
g) These tequir~Tnents ~o not preclude the Dcparunent or the Suffolk County CompU~oller or their
authoriand representatives or Federal or S tare auditors fi.om the and.i~ing reeordg of the Municipality. Ther~fore~ the
records of the Mumcipality must be made available to authonze~ representatives of Federal, Sate or County
government for tha~ purpose.
h) All payr~ents made tamer this Agreemant are subject to audit by the Suffolk County Comptroller
put,moat to Article V of the Suffolk County Chapter. If thc Municipality fails to cooperate ~ith an audit by the
Coal:U-oiler, *he County shall have the right to suspend or pa~ally withhold payments u:~der this A~eement or
under any other A~eernent bet~,een the parties until such cooperation is forthcoming. If such an audit discloses
overpayments by thc County to the. Muni¢ipalit)5 within thix~.- (30) days after the iss~,a,~ce of un official audit repon.
by the Complroller or his duly desi~ated representatives, the 3~unicipality ~b~ll rapay the amount ef such
overpa)qnent by check to the order of the Suffolk County Tre~s~er or stall submit a p~oi~osod plan of repa3vnent to
the Comptroller. If there is no respunse or if satisfactory repayments a~e not m,'~de, the Courtly may recoup
overpa3qnetos fi.om any amounu due or becon~.g due to the ',,[udicipality from the Coun~ under d~s A~eement
o~er~-ise.
i) The Murdcipflity a~ees tb~t it ~ll comply with the apphcab[e pro~qston.s of Federal Offtce
Management and Budget Circulars A47, A-110, A I28 amd A-122, and 24 CFR Par~ 85.
j ) Thc pro~4sions of the foregoing subpara~aphs (~f) fl~ough (i) of this para,apb shall su~,i~,e the
expkation o~ ~m~uation of this A~.-eemeut
Pmc~,~ 20
26. Use of Federal Funds for Lobbying:
No Federal appropriated ftmch have been paid or ~511 bc Faid, by or on behalf o f thc Municipality, ro atzy
person for ii~fiuencing or attempting ro influence an officer or employee of any agency, a Member of Con£ress, aa
officer or employee of Congress, or mx employ, ce ora MeIvber of Congres_~ Lq_ cormec~on ~-ith the awarding of any
Federal contract, the malcmg of any Federal gram, the m 'eking of any Federal loan, .'.he cnterarg into of any
cooperative a~eement, md the extension, continuauon, renewal, amendment or modification o£any Federal
contract, gr=nr, loan, or cooperative agreement.
[£ any funds other ti-mn Federal appropriated fimds have been paid or Mil be paid to say per,on for
hifluenchig o~ atrmnpting to /mq_ueuc¢ an officer or employee of any agency, a Member of Congxess, an officer or
employee of Congress, or an employee a£a 3.([ember of Congress in com~ection with this Federal contract, gram,
loan, or cunperarix,e a~e~mment, the Mu~cipaltty shal/complete and submit Sta~dazd ~orm iLL, "Disclosure Form
to Report Lobbyhig", in aecer~t~'~ce with its insrmctio=g.
The Mtmicipaiky shall require that ~e language o [th. is certification be included in tb.e award for ail
subaward~ at all tiers (including subcontracts, subg;ranrs, and con,-acts under ~ants, loans, ~ud coopcrati~e
a~eemeu[q) and that ali subrecipientq shall certify and disclose same accordingly.
27. Political Activities:
The Mtmieipal/ty shall be governed by ~he provisions of the I-Iatch Act (5 USC 1501, et. seq.) regardmg
employees' political pemcipafion.
28. Constitutional Prohibition;
tn accordance with First Amendment Church m~d Sate Prh2ciples, the Municipality shall comply wkk 24
CFR 570.2000) of the federal regular/ohs toga-ding the use of Commutfity Development ftmds by religious
organizations.
29. Indemnllicarion:
a) The Municipality. a=m-ees to render diligently to the Counw any and ali cooperation, v. qrhout
additional corrrpensa~on, rhar may be requ/red to legally defend the Cotmty egotist may claLm, demand or action [hat
may be brought against the ComB, in connection x~552 dais Ageement.
b) Mumcipahty shall knderrmu~, and hold harmless the Co ~unty, its consultant (ffany), employees,
age=ts o. ud other per~on.s from and agamst all cl~, costs, judgemears, i/era, encumbrances and expenses,
includdng suomeys' fees, arising our of~le acts or otrSssions or r~egligenc* of the i¥[mficip~ll~, tis agent~,
employees, third pztry subrecipients, sabcousultant~, c~arr~cto~s or sdbcon~racrors ha cormectioa .~rith thc services
~iescrlbed or referred to ha ~.kis Agreement_
30_ Assignment or Subcontracting:
The MurficipaJ. iiy shall not assign, n'ansi'er, convey, subcontract or ortter~mse dispose of this Agreement, or
any of£[s right, title or interest thereitn, or its power m execute tkis Agreement, or ~ssign all or an)' portion of the
mordes ~at may be due or become due to the Municipali~r under the terms of this Agreement, to any other person or
corporation, without the prior consent in writing of the Comtt3% and tory at, erupt to do a~y of the foregoing without
such consent shall be of no effect.
31. Entire Agreement:
It is expressly agreed that this instrununt represents the entire A~eement of the parries and that
previous undersranclings are merged in this Agr¢¢rmmt.
32. No Oral Changes:
No modification of th,s A~eement shaJ.1 be valid unle.~s wrkten im the form of an Addendum or
Amendment signed by both parties.
33. Severahility, No Implied Waiver:
a) It is expressly a~eed that ii' amy term or provision of diJs Agreement, or thc application thereof re
any person or eircua~ance, shall be held inval/d or unenforceable to any e:Ccent~ the reminder of this A~eemem, or
the appI/cation of such term or provision to persnn~ or circum~-cances other than those as to wh/ch it is held havalid
or un~nl'orceable, ~ha/1 not be affected thereby, and every other tcma and provision of this Agreement shall be val/d
and shall he enforced m the fullest extent permitted by law.
b) No wai,,-er shall be inferred fi'om any failure or forbcarzatce of*dte Coanty m anforce any provision
of this _&~m'eemenr in any particular instance or hast~mce~, hut the same shall othenvise remain in full force and effect
nonmthsr~ndhag an), such failure or forbearance.
P~ge 22
34, Independent Contractor:
Ir is far£aer agreed *fret Municipahty's sram under this Agreern~t shall he that of an independem
Contractor. NeithertheM'caticipa[iry.noranypersonhkedbyrheMuthcipalityshalibe considered an emp!o,/ee of
the Courts' for an)' pm*pos-~ wbauoever.
35. Oft~et of Arrears or De[auk:
The ~,{unicipality .~ma-ants that it i~ nor, and shall not be dm~.g the term of this Agreement, m arrears to tb_e
Count), for taxes or upon debt or cuun'act and is not, ancl shall not be durin'g the term of rlfi~ Agreement, m de~.ult as
surety-, ManicipaliD' or othm~vise on an> obligation m the County., and the lvluni:ipallly agree= that the ~ouut)' may
withhold the amount of arty such arrearage or default from amounts payable to the Mmzicipality under this
Agreement.
36. Payments Contingent upon Federal Funding:
Pa.wnents under th/s Agreement are subject to and contingent upon conl/nued fundthg by ffUD. If, for any
reason, the amount of such funding to the Count)_, for tt~e commum~ Development Block Grant Program is reduced
or not made available to the Count,, tb2s Agreement may be tusmlnated ~a whole or in part, or the mount payable ro
the lYru~cipallty may be reduced, at the discretion of the Courtly; proaided that any such te,-minatiun or reduction
shall not apply to a/lo,'able costs lucre-red by the Mun/cipali¢' prior to such termination or reduction to thc extent
that such fimffmg ia available to the County for payment of such costs; and provided, Ihrther, that the County shall
~ve the Municipality less than 30 days' prior ,z~/tten notice of such term/nation or reduouou of funding.
37. Confidentiality:
a) The Municipality expressly agrees to preserve the comidentiallt? of all dat~ and ivf?orrm~on
shared, r~ceived, collec~d, or obta/ned as a result of tits Agreement N'o disclosure, redisclosure err release of such
data or information is to be made, permitted, or encouraged ~y the Municipal/ty or irs officers or employees, except
as expressly ~uthor[zed by law. R ~s fi.u-thor understood and a~eed that no su~h data or k~formaticn is ta be used for
personal benefit. The Municipality further agrees t~at its employees shall be specifically insWacred in regard ro their
obl/ga~5on to keep such dat~ and i~dbmtation in cunfidence and their lial3iliD' upon hre~ch of cmrfldeutiallvy to ail the
penalties presto'ced by law.
b) The N£rmicip~it3' futxher agrees to inaplemem ~nack procedures for safeguarding i~.formafion, as
the Coumy shall require Fr~e Man/cipali~, further agrees to indemnify and hold the County_ and the Depar'muenz
Page 23
Irmrmless against any loss, damage, cost or expcme m/sing out of an],' au/t, claim or demand which may be brought
or made agalnsr the Count>' or the Deparument by reason of a breach of these prov/sinns.
In addition, the MunicipahU agrees to rrm/n~in the com]dantialia., of all iurbrmation in
cvnforrmty with the provi~ion of applicable iocxI, 8tam and Federml laws and regulations.
38. Publications:
The _Municipality shall not issue or publish any book, article, armouncemen~, rapox, manual, ill-n, audio or
video or computer tape, disk or pro,am, or other publication, relating to the subject program v~bthout prior written
permission from the County. Any such publication shall boar a statement ac 'tmowlcdglig thc cooperation and/or
funding by the County of SulTolk.
39. Copyrights:
If the work of the Muu/cipalJ~ u~d~ [tis Agreement should result in the production of original book%
manuals, ftlms, audio or video or computer rapes, disks or programs, or other materla/s, for which a copyright may
be granted, thc Murdcipalit>' may secure copyright protection. However, the Counr~, rosen'es, and the Mtm/cipa[ity
hareby gives to the County: and to any other munlcipaliry or government agency or bad],, designated by thc County,
a royalty-free nauexclusive Iice~e to produce, rcproduce, publish, translate or otherwise use any such materials.
40. Patan~s:
If the Municipality under £his Agreement makes any thscovery or invention in the coarse of or as a resu/t of
work performed under this Agrccmcnt, thc Municipality may apply for and secm'e for itselfpaten~ protection.
However, the Coon ,ty rosen,es, and the Mu~cipaliry hereby gives to the ComB', md to any other municipality or
government agency or body designated by the County, a royaI~,-free, noaexclusive license to produce or othe~vise
use any item so discovered or patented~
41. Agreement Subject To Appropriation of Funds:
This Agreement is subject to the amount of fonds appropr/ared and an],, subsequent modificarinns thereof
by the Suffolk County Leg/slamre, and no liability shall be incurred by thc County under thla Agreemeru beyond the
amount of funds appropriated by the Le=~islarure for the program covered by ulis A~eeme~t.
Page 24
The _Mu[hcipality a~ces to procure, pay [he entu'¢ premium for and maintain r/wunghout the term
of tbds Agreement insm'auce Ln amounts and types specified by the County. Unless otherwise specified by the
County and a~eest to by the bdunJcipali~', m writing, suck insurance will be as follows:
Commereiul General Liability Insurance including con,actual ~overage, in an amotmt not less t~_an Two
Million De£1ars ($2,000,000.00) corn]freed single iknit for bodily injury and property d~mage per occurrence.
Automobile Liability Insurance (if any vehicles are used_ Ln the performance oI riffs A_m:eem~nz) in an
amount not less &an Three Hundred Thousand Dollars ($300,000.00) combined single Ih-nit flor bodily injurs, and
preperV7 damage p~r occurrence.
Professional Liability/Errors and Omissions Insurance (if any professional son,ices are used ia the
performance of tins Agreeman~) m an amount not less than l'wo MiIlion Dollars ($2,000,000.00) on either a per
Workers' Compensation and Employer's Liability Insurance in compliance x~-i. th all applicable New
York State laws and re&relations and Disability Benefits Insurance if reqiared by law and shah have fu_mishcd to
the Cannry prior to i~ execution of this Agreement the documentation required by the State et'New York Workers'
Compermation Board o5 coverage or exemption Rem coverage pursuant to § § 57 and 220 of the Workers'
Compansation Law. [naccordance ~x, ithGaneral MunJcipalLaw § 10§,this A~eementshallhevoida~defno
effe~ unless the Contractor shall provide and maintain coverage dur/ng the term of tlm Agreement for the banefir of
such employees as are required to bc covcrcd by thc provislom of the Workers' Compensation Lan'.
b) All pelicies providing such coverage shall be issued by insurance companies w/th an A.M. Best
raring erA- or better.
¢) The MtmJcipality ~daall furnish to the County cerdfiv, ates of insurgence or, upon request, erigilml
pohcies, in the event that the Mun~cipahty does not *ash m provide original policies, the parties shall a!gee as to a
nm~al agreement time and place for iaspectiort of or/git:al policies, ev/den¢ing compliance ~,ith the aforesaid
insurance requirements. In the case of commercial general liability insurance mud of rmv automobile liability
ia~mace, said certificates or other evidence of insurance sha[l name the Count3, of Suffolk as an add/fionaI insured.
MI such certificates or other evidence of/murance shall provide for the Com-tty of Suffolk to be a certificate holder
mad to be notified in w~-iting thirty (30) da},~ prior m a~, cance!Ia,qon, non-renewal or matehal c?maxge. S~cb.
core'cares, poi/c/es or other evidence of insurance m~d notices sha]! be mailed to the Office of Co~mmmity
Development at the address set forth in pam~aph 46 of lids Agreemanr.
Pa~e 25
43. Public Disclosure Statement:
TSe ~/inalcipa]~- represents and warrants that, mule~s excmph it has filed with thc Comptroller of Suffolk
County the xrefified public disclosure statement required by Suffolk Count7 Admmisu~five Code Section A5-7 and
shalI ~Ie an update of such sratemem ~itln the said. Comptroller on or before the 31 ~r da}, of January m each year of
this A~eer~xnt's duration. The Municipality acl~aox~ledges teat such ~thig is a rnaterlz~, coneractua[ ~nd statutory
dui7 and that the failure to t-de ~mch statement shah comtimte a material breach of tiffs Agreement, for wk/ch tl-~e
County shall be emit[ed, upon a deter'ruination that such breach has occurred, to damages, m addition '~o ali other
remedies, of fifteen percent (15%) of the amount of the Agreement.
44. Termination:
This' Agreement is subject to official acceptance by the County and ~ further subj oct to rerrninn finn it' ia)
the Municipal/ty fail~ to fulfill ha a timely and proper mariner its obligations trader this A~eemen% or if the
Municipality becomes baMcrapt or insolvenr'or fals~fies iu records or reports, or misuses irs funds fi.em wl~atever
source, the Coun .ty may terminate this Agreement in whole or with re~ect to an), identifiable p~at of the pr%m'an~
effective immediately, or, at its optioa, effective at a later date specified in the notice of such termination to the
Contrac[ur or (b) the Cotmt)' shall deem it ht irs best interest to temmiate this Agreement in whole or with respect re
any identifiable parr of the pre~ar~ it shall have the fight to do so by ~xfng not less than thirty (30) days prior
xcritren notice to the Municipality.
45. Choice of Law:
This Agreement sEall be governed by New York law w-ithout rcgard to its Co,,fllct of Law provisious. ~
any act[on or proceeding, legal, admin/slrative or otherwise, venue shall be Suffolk County, New York, or the
Eastern District of New York for the U_S. District Court.
46.
Notices and Comaet Persons:
a) g~uy commtmicadon, notice, claim for pa)anent, report or other subrrfis$1on necessary or requ/red
to be nmde by the patlies regarding this Agreement sea/1 be deemed to have been cmiy made upon
receipt by the Cotmr~- or the Munhaipalit7 or their designated representative at the fallox~Sng
ad&ross er at such other address that may be specified in writing by ~ae pm Les:
For the Cou.uty:
Suffolk County Otlice of Con~m.m~' Development
H. Lee Dermison Building
P.O. Box 610'.]
100 Vereraos Highway
Hauppauge, N.Y. 11788
Community Devetopment Director as set thrth on page one of this agreement
and
For the Iviunicipality:
Ar the address set forth on page eno o£this Agreement, attention o£ ~c person who
executed this Agreement or such other desi~ec as the parties ma}' agree in ,~riting.
b) Each part,/' shal/give prompt wxi~ca notice to the other party of the appointment of successor(s) to
the designated contact person(s) or his or her designated successor(s).
c) .,kay commurdcation or notice regarding indemnification, terrnm~fion or litigation shah be deemed
to have been duly made upon receipt by the parties at the £ollo~.;'ing addresses, or at such other addresses that may he
specified in ~¢~t'thg by the purees:
For the Count':
Suffolk Coartry Office o£ Community Development
H. I2¢ Dennison Building
P.O. Box 6100
100 Veteram l-I/ghway
Haul~auge, N.Y. ! 178§
Att:. Comm,niny Development Director as sec forth on page one of this agreement
and
Suffolk. County Attorney
Suffolk County Depaztmem of Law
I-I. Lee Dennison Building
100 Veterans ltigh,~y
I-[auppauge, N,Y. 11788
Page 27
For the Mtm/cipality:
Ar the address set £oFth_ on page one of thi~ Agreement, arten6on ok' thc per,on who
execnred rkas Agreement or such other des/omaee a ~ the parties may agree tn writing.
47. Funding Identification:
The Municipa[i~ sha/l keep the Cotmt3.- appr/sed of any grants or sources of funding received ibr the
Program as and mv.y retain an3, such fimding faat rcsMts m enlmncamcnt of sex'v/cea and does not duplicate funding
for the program covered by this Agreement. If the program covered by riss Agreement is fi~nded in whole or in parr
by other governmental agencies, it is agreed that the £undla~g by the ComW/under this Agreement ~hal/be reduced
or refimded to the County to the extent tl~at such other fimding dupEc~tes lunching for the pro.am covereci hy thts
Agreement
48. Effective Dates:
This Agrccmcnt shall commence on thc date of gr~mt approval by HUD, and ahali ten-rfinate (1) xx4th the
completion of all the aforementioned CD Project(s), ~md (2) *4fit acc~tance by HUD of a final aud/t
END OF 'TEXT
Page 28
EXHIBIT ~
PROJECT DESCRIPTION AND BUDGET
CONDITIONAL APPROVALS OF USE OF FUNDS
TOWN OF $OUTHOLD
2004 (Year 30)
1. Funds may be obligated or utilized for the payment of responsible administrative costs related to the
planning and execution of projects listed below and other related activities specified under 24 CFR 55.34 as exempt
trom environmental review requirements, including eligible planning, design and environmental activities.
However, a determination must be documented in wdting that each activity or project is exempt and meets the
conditions specified for such exemption under this section.
2 The obligation or utilization of funds for the activities shown below, except as provided under section (1),
above, is prohibited without the further express wd~ten authedzation of HUD through a Release of Funds:
PROJECT NUMBER
100301-14A-04
103602-05-04
104901-05L-04
105201-03F-04
105501-03M-04
105601-05M-04
105701-05-04
109901-21A-04
PROJECT DESCRIPTION
Home Improvement Program
North Fork Housing Alliance
Robert Perry Child Care Center
Oysterponds Park
North Fork Early Learning Center
Dominican Sisters
Community Action Sou[hold Town
AdminisLraLion
BUDGET
$44,300.00
$5,000.00
$7,500.00
$36,800.00
$42,627.00
$5,000.00
$5,000.00
$18,073.00
$164,300.00
EXRTBIT C
Comnmnlv/Development Projects
The projects attached hereto Mve been approved fo~ the receipt of t~deral Co~i~ Development Biock
Gram assistance. Project expen~es are not ro exceed budge~d amount as described ~ E~bit C plus assi~ed
program income ~es~ approved by ~e Coun~g.
Pa~e 30
PROJECT
DESCRIPTIONS
~a~e 31
Suflblk County Legislative Requirements Exhibit for Contracts; last rev. 12~ 16,"03
Suffolk Coun~~ Legislative Requirements Exhibit for Contracts
This exhibit is attached to and is made parr of the contract cxecuted with the Coanty.
I Child Sexual Abase Reporting Policy
· Chapter 577, Article IV, of the Suffolk Coun~ Code entitled "Cluld Sexual
Abuse Reporting Policy" (3 pages)
Gramit/es
· ChapTer 386 oft. he Suffolk Count3., Code, entitled "Political Parties, Gifts to
OPr]cials Of" (2 pages).
1II
Contractor'sArendor's Public D[seloanre Statement Fon~ SCEX 22; rev. 7/16/02 (form
consists of two pages; requires si~mture & notarization)
Page 32
CHAPTER 577, ~TICLE iV, Child Sexual A/ouse Reporting Policy [Adopted 6-~1-
2002 by ~as No. 543 2002]
The County of Suffolk hereby establishes a formal chil~ sexual abuse
reporting policy a= follo~s:
Each County Department that has a contract or agreement wiuh any individual,
partnership, corporation, joint x~enture~ business organization, or other ent!Ey
which receives paymenLe from the County or Suffolk, either ~irectl~~ or as a
conduit for payment from another level of government, shall nctlfy such
individual, partnership, corporation, 3oint %-enture, business organizaeion~ or
other entity that Suffolk County requires full.complis~/ce w±ih the reporting and
disclosure pro~/isions of Subsection C of this section, as a condizlon precedent
~o receipt of such payment and continuing receipt cf such payment, in tho~e
instances in which an allegation has been made of sexual abuse of a minor.by any
employee or member of such contract vendor, including any ~ember of the clergy,
involving any of the ~oil~wlng sex cffenses:
(1)Rape in the third degree~ ~ 130.25 (less than 17 years old) of the New York
Penal Law;
(2)Rape in the second degree, § 130.30 {less than IA years old)of the New York
Penal Law;
(3)Rape in the fir~ degree, ~ 130.35 {less than 11 years old) of the New York
Penal Law;
(4}Sodomy in the ~hird de~rea,
York Penal Law;
(5}Sodomy in the second deEree,
York PenaL. Law;
(6}Sodomy in the first degree,
York Penal Law;
{7)S~xual abus~ in ~he third de~ree,
New York Penal Law;
(8)Sexual abuse ~n the second degree,
}lew York Penal Law~
(9)Sexual abuse in the first degree,
New York Penal Law;
()0)Aggravated sendal abuse in ~ 130.66 (less ~han !1 years
old) of the New York Penal
(l±)~.ggravated sexual abuse in § 130.67 (less than 11 years
old) of the New York Penal
(12)Aggravated sexual ~buse in ~ 130.70 (less than 11 years
old) of the New York Penal Law~
(13)Course of sakn/al conduct against a child in the first degree, ~ 130.75
{less tha~ I1 years old) of the New York Penal Law; and
~l~)Course of sepal conduct agains= a child in the second degree, ~ 130.80
{less than 11 years old} of [he New Yor~ Penal Law;
(15)Sexual misconduct, § 136.20 (se_x-ual intercourse without consent) of the Ne%v
York Penal Law;
(iS)Forcible touching, ~ 130.52 (sexual or intimate parts) of the New York Penal ~aw;
(iT)Persistent sexual ~use, ~ 130.53 (two cr more convictions %~=th!n the past
10 years for less chart 17 years old or 14 years old) of the New York Penal Law~
(16}Ag~ra~ated sex=a! mbu~e in the fourth degree~ ~ 130-S5a (less than 17 i/tars
old) of the N~w' York Penal Law;
(19~Female genieal mutilation, Section !30.85 (less tha~ 1~ years eld~
nonmed/ca~ procedure) of the New York Penal Law;
{10}~acilisatinU a sex offense with a controlled substance. S 130.90 (w±chout
consent to con,mit a felony) uf the New York Penal Law.
§ !30.40 ~less thai/ 17 years old) of the New
] 130.45 (less tk~n 1% years old} of the New
~ 130.50 {less %hen 11 years old! of the New
~ 130.55 (less ~han 17 years old) of the
~ 130.60 (less than 14 years old) of uhe
~ 130.65 (less uhan 11 years old) of the
the third degree~
the second degree,
the first de,rea,
B. Deflni~ions_ For the purposes of th~s article, the fo]lowing telnr~s shall
have the meanings indicated:
CLERGY -- A duly authorized bishop~ pastor, rectcr, priest, rabbi, minlster~ imam,
nun, or a person having authority from, or in accordance with, thc r~ies an~
regulations of the governing ecclesiasulcal body of the denominauion or
order, if ~ny, to which the church belongs, or otherwise from the church,
synagogue, or mosque to preside cver and d]recc the spirimual affairs of rte
All super/isn,t, administrative~ or management employees of am]~ individual,
partnership~ corporation, joint venture, business organizaclon, or o~ker entiEy
recelvmng pa)~ent from the County of Suffolk, either airect!y or as a conduit for
pa~enm from another level of go~zernmean, under agreement or contract with the
County of Suffolk, shall report or gauss a report to be made ~c 911 or the pertinent
· rill~ge, town, or county Police Department when he/she, o~ it has reasonable cause
to suspect that a miaoz coming before them is or nas been the victim of sexual
abuse, or w~en another person or cler~f person comes before them and states from
personal knowledge f~cts, ccnditions~ or ~ircnmmtencem whlch~ if corract~ would
ren~er the minor a ~icz!m of sexual abase under any of the following sex offenses,
said reporting to occur within 24 hours after forming ~he reasonable cause or first
learning of the al!egation~: [Amended 8-28-2002 by Res. ~o. 819-2002]
(1)Rape in the third degree~
Penal Law;
(2)Rape in the second degree,
Penal Law;
(3)Rape in the first degree,
Penal Law;
130.25 (less than lv years old/ of 5~e New York
130_30 iless than 1~ years old) of she New York
150.35 (less than 11 yea~s o±~) of the New York
(4)Sodomy in the third degree, § 130.~0 (les~ than 17 years old) of 5ha New
York Penal Law;
(S)Sodomf in the second degree, f 130.45 [less than 14 years old) of the New
York Penal Law~
Sodomy in the first degree, ~ 130.50 (less that_ I1 years old) of th~ ~Iew
Sexu-~l abuse in mae third ~egree~
New York Penal Law;
(9)Sexual abuse in the second degree,
New York P~nal
(9)Sexual abuse in the first degree,
New York Penal Law~
(10)B. ggrmvated sexual abuse in the tklrd degree,
old) of ~he New York Penal Law;
(lt).~ggravated sexn~al abuse in eke second degree,
cid) of the New York Penal Law;
(12)Aggra-za~ed next, al abuse in the first degree,
old) of the New ~orK Penal Law;
130-55 (less than 17 years old) of the
130.60 (lass than 14 years old) of the
130_65 (less than 11 years old) of the
130.66 (less than 1! years
13~.67 (].ess than 11 years
!30.70 (less than 1! years
(13)Course of sexual conduct against a child in the first degree, E 130.75
(less thmn 11 years old) of tke New York Penal Law; amd
(14)Course of sexual conduct against a child Ln the second degree, ~ 130.~0
(less than 11 years old} of the 17ew York Penal Law;
(It)Sexual misconduct, ~ 13~.2~ (sexual intercourse without consent) of the New
York Penal Law;
(l~)Forcible touching, ] 130.52 (sexual or intimate parts) of the ~ew York
Penal Law;
(17)Persistent ~xua.] ~buse: ~ 130.~3 (~wo or more conviction~ wit-hit the p~sc
10 y=arm for less than 27 years old or iA ~ars old) of the ~ew Yom Penal Law;
(18)A_ggravaned sexual abuse in the fourth ~egree, ~ 130.65a '[less than I7 years
old) of the New York Penal Law;
(19) Female genital mutilation, $ 130.~S (less =nan lS years old non-medical
procedure) of the New York Penal Law;
(20)Facilltating a sex offense with a controlled substance, ~ 130.90 (without
consent to commit a felony'~ of the New York Penal Law;
Whenever a clerg~r person is required to report un,er this artlcl~, in hie or net
sapacity as a member of the clsr~/~ ks or she shall immediaKe±~ nouify the
person in charge of such church, synagogue, or mos_~ue, or his or her designated
made to 91i or t~e pertinenZ village, ~o~, or county Polise DeparEment ,when ke
Res. ~o. 819-2002]
~lo infozmaeio~ derived frcm a confession or confidential communication co a
eier~.an shall be disclosed pursuant to ~k~ ~eguirem~nss of nh{s article if
confession or confidence is made to the cler~n in kcs or her professional
capacity as a spiritual advisor, ~nless the person sc ccnfesslng or confidlmg
waives ahis privilege.
Ail contr@c~ vendors covered by this article shall inform all of their employees
in wrltzng as to the disclosure requlremencs of this article and shall also
inform 5hem that each of [hem must report anF a_legaticne of child aDuse covered
in paragraph IA) of the let RESOLVED clause of this article ~o supe~,~isory,
management, or deslgnatad adminis~ramive perscr~nel of the employer.
§ 577-17. Failure to com~ly; penalties ~or o£fensas.
Failure ~o comply wiuh the merms and condiuions of this arnlcle shall result
in the following:
Fires violation~ the connract v~ndor shall be issue~ a warning and all
supe~;isory, adrnlnistra~]ve, an~ management employees ~f such co~ract vendor
shall be re_cuired bo attend a child se_~al abuse prevennion/educatlon workshop
provided by a con~racn agency appro%-ed by th~ Co,sty of Su£foiK via duly enacted
resolution, which workshop shall include specific skills for adults to help
preven~ childhood sexual abuse; skill~ that adults can teach children to help
protect tkemselves from childhood sexual abuse; skills for detecming t~e signs
of childhood sexual abuse~ ~nd how to report allegations of childhood sex-ua]
abuse. The cost of this training shall be paid for by the contract vendor. In
addition, She con~ract vendor shall submit a corrective plan of acnlon to the
Suffolk County Office of Labor R~la~ions.
Second violation with/n a nhree-year period subsequent to a first violanion: the
contract vendor shall be subject to a fine of 10% perce_~t of th~ ccutracns chat
the pertinent violating individual supervisor, manager, or administrator
oversees, not to exceed $50,000. In addition, the contract vendor shall be put
on probatiQn for three years. ~m annual review shall be conducted by th~ Suffolk
County Department of Audim and Control.
Third violation within a ~hree-year period subsequent to a first violation:
~ermination of the agreements with such individuai~ partnership, corporanlon,
joint -centure, business organization, or other ~ntity overseen by she pertinent
v~o!ating i~dividual supervisor, manager, or administrator and the withholding
of all paym. ents to said individual, partnership, corporation, joint venture,
business organizasion, or other entit7 for such agreements r~gardless of whenAer
such payments are for past or future goodm or services. The contract vendor
shall not be eligible for funding from mhe County for nhree veers from the ~ate
of such te~ninat£on.
577-18- $~thority to issue rules and regulations.
Th~ Suffolk County Departmen~ of Law is hereby auehoris=~, empowered, and
direcced to issue and pro~lgate such rules and regulauions as s~ai1 be deemed
necessary and appropriate to i~pl~ment ~he provisions of this article_
G!FT$ TO PARTY OFF!C~ALS
§386-I
CHAPTER.356
PARTIES, GIFTS TO ,.~rrl~.~_--.L~ ,Jr
3r56--!.
38.6--3.
38S--4.
386--5.
Def. ni~isns.
ProhJbked acts.
Clause required in ail con,recta.
Penal-'-_ies for off~nses.
Excepted contributions.
~HI.b I CRY: Adopted ny the Suffoik County Legislature lz-9-o(:, as L.L. No. 32-1980.
.mm~ndmen~ no~ed where appJlcab!=._,.'
As used in this chapter, the ~lio'~.,.'ing rearms shal/have mean!ngs indicmted:
AGREEMEh~T -A~y wd~en or oral contract or any implied contract., inciuding but
limited to a contract gar the sale o¢ goods or sewices, a const~cffon contract or a
lease or contrac~ re~a~fn~ to rea~ or personal prope~y. The ~e~ "agreement' shali
also ~nclude say transac0on whereby- s person agrees to sst~ goods or se~4ces, or
beth, to the county pursuant to a successful
,aRATUI7 Y-Any money, benefit, enteF_ainment, gift or any other consideration .
whatsoever.
,J, F~CI,-,,_ OF ~ POLITICAL P~-R
Subdivision 5, ortho £[ectio. n Law.
PERSON -Any indiv'/dual, padnershb, firm, comporadon or u., ,ar l¢g~l ,-n.,~y, as wefl
as their employees, agents or representatives.
POLITICAL PARTY-A pa~y a.s de,n=e by ~, ,-I04, Suodlv'ls~o~, o. ~ ;he F_iection
Law
§ 3~6-2. P~ohibited -'~
A. it she.ri be a cdms fist any person to offer or give an,.,' gratu~9/£o an oFiciai of any
.politicaJ parry w;"th fha pu,?ose of ;rntent of secu'dF...g or obtaining an a~reement
with the Count/of Suffoik or securing favorab!e treatrc, en~. with respect to fhe
awarding or amending of such agreement or the making of say detsrm:nation
wit~ respect to the pe.~ormence of an agreement.
§ 356-3.
B_ it snaJ! be a crime fcrr an off:icia! of s po[iii,rs[ pa~!/to solicit, receive or accept'a
gratuity in connection v,,~th securing or obtainh9 an agreement with tile
cf Su~o/k or securing favorable treatment with respect to the awarding or
amending of such agreement ortho making of ~ deferminafion with respect to
~he pe~s~anse of such agreement..
In a~l agreements w~h the Count,.' of Su~olk made a~er ~ne ~ffecfi'/e date cf this
chapter, there shall be w~2en representation by the person entering the agreement
with the county that he has no~ 0fl~er5d cr gh¢en any gratuity to any oDcial,
employee or agent of Suffolk Count¢ or New Yark State or of any political pa~y, with
the purpose or intent of securing an agreement or securing fm.,or~ble ~mst,ment with
respect to the awarding o¢ amending of an agreement ortho making ef any
determinations w~th respect to the performance of an agreement, and that such
person has read and is ~mil~ar wi~h the provisbns of this chapter.
Penalties for c:ff-enses.
A, Criminal. A violation of §38~-2 of this chapter shal: be a Class A misdemeanor
and sha~[ be punishable by a sentence of not mom than eno (ljyear in pn'son or
a fine of no~ more than one thousand da!lure ($1,000) or b'_.¢ both such fine and
imprisonment,
B. Civil remedies. A violation of ~ 386-2 or 386-3 pf this chapter she ii give
county the option, among other civil remeriies, of e~ther ten-nina:_-ing the
agreement or deducting the value of the gratu~/from ail)' anlount due or to
become due from the c~eunty ;her~under.
§386-5. Excepted contributions.
· This chapter ahali not apply to contributions to political parties, committees or
candidates as defined by § 14-!00., Subdivision g, of ~.he Election Law. Such
c:ontribuiions shall be exci'uded from and shell not be in violation of this chapter.
Suffolk County Form 22
Contractor'sNendor's Public Disclosure Statement
Pursuant to Section A5-7 of the Suffolk County Administrative Code, this Public Disclosure
Statement must be completed by all contractors/vendors that have a contract with Suffolk
County. In the event contractor/vei~dor is exempt from completing paragraphs numbered 1
through 11 below, so indicate at paragraph number 12 below setting forth the reason for such
exemption. Not'withstanding such exempt status, you must execute this form below before a
notary public.
Contractor'sNendor's Name
Address
City and State
Contracting Department's Name
Address
_Zip Code
5.b
Payee Identification or Social Security No.
Type of Business Corporation Partnership Sole Proprietorship Other
Is contractor/vendor entering into or has contractor/vendor entered into a contract with
Suffoik County in excess of $1,0007 _Yes_ No.
Has contractor/vendor entered into three or more contracts, including the one for which
you are now completing this form, with Suffolk County, any three of which, when
combined, exceed $1,0007 Yes No.
Table of Organization. List names and addresses of all principals; that is, all individuals
serving on the Board of Directors or comparable body, names and addresses of all
partners, and names and addresses of all corporate officers. Conspicuously Jdentify any
person in this table of organization who is also an officer or an employee of Suffolk
County. (Attach additional sheet if necessary.)
4
List all names and addresses of those individual shareholders holding more than five
pement (5%) interest in the contractor/vendor. Conspicuously identify any shareholder
who is also an officer or an employee of Suffolk County. (Attach additional sheet if
necessary).
10.
Does contractor/vendor derive 50% or more of its total revenues from its contractual or
vendor relationship with SuffoIk County?___Yes__No.
If you answered yes to 8 above, you must submit with this disclosure statement, a
complete financial statement Iisting all assets and liabilities as well as a profit and loss
statement. These statements must be certified by a Certified Public Accountant. (S£rike
this out if not applicable.)
The undersigned shall include this Contractor's/Vendor's Pubiic Disclosure Statement
with the contract. (Describe general nature of the contract.).
Page 1 of 2 Public Disclosure Form
11. Remedies. The faiture to file a verified public disclosure statement as required under
local law shall constitute a material breach of contract. Suffolk County may resort, use
or employ any remedies contained in Article I! of the Uniform Commercial Code of the
State of New York. In addition to a!l legal remedies, Suffolk County shall be entitled,
upon a determination that a breach has occurred, to damages equal to fifteen percent
(15%) of the amount of the contract.
12. If you are one of the entities listed below at a) through c) or you qualify under d) below,
you are exempt from completing paragraphs numbered 1 through 11 herein:
a) Hospital
b) Educational or governmental entities
c) Not-for-profit corporations
__ d) Contracts providing for foster care, family day-care providers or child protective
services
Please check to the left side of the appropriate exemption.
13.
Dated: $~-~1¢H'
Printed Name of Signer:
Title of Signer:
Name of Contractor/Vendor:
Verification. This section must be signed by an officer or principal of the
contractor/vendor authorized to sign for the company for the purpose of executing
contracts. The undersigned being sworn, affirms under the penalties of perjury, that
he/she has read and understood the foregoing statements and that they are, to his/her
own knowledge, true.
Signed:
UNIFORM CERTIFICATE OF ACKNOWLEDGMENT
(Within New York State)
STATE OF NEW YORK)
COUNTY OF ) ss.:
On the o7¢/ day of '-/T~c~.~. in the year 2004 before me, the undersigned, personally appeared
,.w~,.r/ca~ k:. ,~'0~x/ person',ally known to me or proved to me on the basis of satisfactory evidence
to be the individual(s) whose name(s) is (are) subscribed to the within instrument and aclmowledged to
me that ke/she/they executed the same i~ his/her/thek capacity(les) and that by his/Ser/their sig-nature(s)
on the instrument, the individual(s), or the person upon behalf of wh/ch the indiv/dual(s) acted, executed
the instnunent.
(signatu!re mud o~fice ofin~viduaI taking aclmo,,vled~m-aent) 'r,,.~- ~¢.'~. DCa 3/. ~,~D4
Page 2 of 2 Public Disclosure Form
C:~DOCUME-I[JSANSE-"I\LOCALS-~\Temp\Centmct~rs-Vendo~s Disclosure S~tement. doc