HomeMy WebLinkAboutFI Airport Grant/FI Ferry District DENIS NONCARROW Town Hall,53095 Main Road P.O.
TOWN CLERK *pF So�jy Box 1179
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REGISTRAR OF VITAL (63.1) 765-6145 Telephone(631)
STATISTICS MARRIAGE OFFICER 765-1800
RECORDS MANAGEMENT CA www.southoldtownny.gov
OFFICER FREEDOM OF
INFORMATION OFFICER ��UN".�'"
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2025-726 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 25,2025:
RESOLVED the Town Board of the Town of Southold hereby authorizes and directs Supervisor
Albert J. Krupski, Jr., to execute the Subrecipient Agreement with the Fishers Island Ferry
District for the Fishers Island Airport Grant in the amount of$277,227.00, a grant approved by
the Federal Aviation Administration ("FAA")to repair and reconstruct the runways at the
Elizabeth Field Airport, subject to the approval of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
1
RESULT: Adopted
MOVER: Councilman Doroski
SECONDER: Councilman Mealy
AYES: Councilman Mealy, Councilwoman Smith,Justice Evans, Councilman
Doroski, Supervisor Krupski; Jr.
NAYES: None
Page 45 of 81
FISHERS ISLAND FERRY DISTRICT
October 14,2025
LEGAL
RESOLUTION 2025-084
WHEREAS,The Town of Southold and the Fishers Island Ferry District, a non-profit entity
providing public services, including the equipping, maintaining, repairing and operation of the
Elizabeth Field Airfield for the purpose of transporting persons,goods,wares,and merchandise
to and from Fishers Island.
WHEREAS,The Town is the recipient of infrastructure grants made available through the Federal
Aviation Administration and is desirous of distributing such funds to the Fishers Island Ferry,
District("District") and the District is willing to accept such distribution and become a
subrecipient.
NOW THEREFORE,The Fishers Island Ferry District Board of Commissioners hereby authorizes
and directs the District Manager,to execute all such subrecipient agreements.
Moved by:Commissioner Cashel
Seconded by: Commissioner Shillo
Ayes: Burnham,Cashel,Congdon, Reid and Shillo
Nays:
FY 2025 AIRPORT
INFRASTRUCTURE SUBRECIPIENT
GRANT AGREEMENT
This Grant Agreement (this "Agreement") is entered into by and between The Town
of Southold, (the "Town") and Fishers Island Ferry District (the "Grantee"), a non-
profit entity providing public services, including the equipping, maintaining, repairing
and operating an airport for the purpose of transporting persons, goods, wares, and
merchandise to and from Fishers Island.
WHEREAS, the Town is the recipient of a grant (as more fully described in
Exhibit A, the "Airport Infrastructure Grant") made available through the Federal
Aviation Administration ("FAA")Airport Improvement Program, under the Infrastructure
Investment and Jobs Act("IIJA) (Public Law (P.L. 117-58) of 2021, and FAA
Reauthorization Act of 2024, (P.L. 118-63) on behalf of the Unites States;
WHEREAS, the Town is desirous of distributing such funds to the Grantee to be
utilized to reconstruct PAPI for Runway 7/25, at both Runway thresholds and
reconstruct PAPI for Runway 12/30, at both Runway thresholds, in addition to
replacement lighting at both Runways, in the amount identified herein and on the
terms and conditions stated herein;and
WHEREAS, the Grantee is willing to accept the such distribution and become a
sub-recipient of the Airport Infrastructure Grant, on the terms and conditions stated
herein.
NOW; THEREFORE, in consideration of the premises and the mutual
covenants herein contained, the parties agree and bind themselves as follows:
ARTICLE I - REPRESENTATIONS OF THE GRANTEE
Recognizing that the Town is relying hereon, the Grantee represents, as of the
date of this Agreement, as follows:
(a) Organization; Power, Etc. The Grantee is a public corporation established under the
laws of the State of New York with full legal right and power to authorize, execute, and
deliver this Agreement, to receive the Grant, to undertake and implement the use of
Grant funds as described herein and to carry out and consummate all transactions
contemplated by the foregoing (including without limitation the recordkeeping and
reporting described herein);
(b) Authority. The Grantee has duly and validly authorized the execution and
delivery of this Agreement and has or will have so authorized the execution of
each Application, and all approvals, consents, and other governmental or
corporate proceedings necessary for the execution and delivery of the
foregoing or required to make this Agreement the legally binding obligation of
the Grantee that it purports to be, in.accordance with its terms, have been
obtained or made. The representatives of the Grantee executing this
Agreement have all necessary power and authority to execute this Agreement
and to bind the Grantee to the terms and conditions herein.
(c) No Litigation. No action, suit, proceeding, inquiry or investigation, at law or in
equity, before or by any court, public board or body, other than as disclosed to the
Town in writing, is pending or, to the knowledge of the authorized representatives
of the Grantee executing this Agreement, or threatened either seeking to restrain
or enjoin the execution and delivery of this Agreement, the services provided or
contesting or affecting the validity of this Agreement; and neither the non-profit
status of the Grantee nor the title to the office of any authorized representatives of
the Grantee executing this Agreement, is being contested.
(d) No Conflicts. The authorization, execution and delivery of this Agreement will not
constitute a breach of, or a default under, any law, ordinance, resolution, agreement,
indenture or other instrument to which the Grantee is a party or by which it or any of
its properties are bound.
(e) SAM Registration. Grantee is registered with the System for Award Management
(SAM) and confirms that the Federal UEI number listed in Exhibit A is the correct such
number for the Grantee as of the date hereof.
(fl Binding Agreement. This Agreement is, or when executed and delivered
will be, the legal, valid, and binding obligation of the Grantee, enforceable in
accordance with its terms, subject only to limitations on enforceability
imposed in equity or by applicable bankruptcy, insolvency, reorganization,
moratorium or similar laws affecting creditors' rights generally.
(g) Information Submitted. All information, reports, and other documents and data
submitted to the Town in connection with this Agreement is true, correct and complete
in all material respects.
(h) Ratification. By executing this Agreement, the Grantee (i) affirms and ratifies all
statements, representations and warranties contained in all written documents
submitted to the Town in connection with this Agreement and (ii) agrees that on
each date, if any, that any additional documentation is attached hereto and made
a part hereof, it will be deemed to have affirmed and ratified all such statements,
representations and warranties.
ARTICLE II - THE GRANT
2.1 Grant Amount: $277.227.00. The Town agrees to make and the Grantee agrees
to accept, on the terms and conditions stated in this Agreement, the Grant Amount
specified herein.
2.2 Project and Schedule
(a) Grant Purpose. Each Grant is being made solely to reimburse the Grantee for
actual expenses incurred in the reconstruction of both runways as provided for the
services and transportation of the residents of the Fishers Island Ferry District.
(b) Grant Expenditure Schedule. All grant amounts must be expended by August 25, 2029.
All Grant proceeds that remain unexpended shall be returned to the Town.
2.3 Grant Award Package
In connection with the execution and delivery of this Agreement, each of the
following conditions shall be satisfied (all documents, certificates and other evidence
of such conditions are to be satisfactory to the Town in its sole and absolute
discretion).
(a) Executed Grant Agreement. The Town shall receive a duly executed original of this
Agreement.
(b) Expiration of Offer. Each Grant, and the obligation of the Town to disburse such
Grant, or any portion thereof, shall expire ninety (90) days from the date the Grantee
was presented with a copy of this Agreement, unless the Grantee duly executed said
Agreement and returned same to the Town. The Town, in its sole and absolute
discretion, may approve one or more extensions to the expiration of the offer of any
Grant.
ARTICLE III - AFFIRMATIVE COVENANTS
3.1 Use of Disbursements
The Grantee shall expend the Grant funds only for eligible expenses as outlined herein,
subject to Article 11 hereof. The Grantee shall be responsible for compliance with, and
shall comply in all material respects with, all applicable laws and regulations, whether
or not such laws or regulations are expressly referenced herein.
3.2 Reporting and Compliance with Laws
(a)The Grantee shall comply with all reporting requirements set forth in Schedule A
hereto. In addition, the Grantee agrees that all Grant monies shall be expended in full
compliance with all applicable provisions of federal, state and local law and all
regulations thereunder. ,
(b) Without limiting the generality of Section 3.2(a), the Grantee
covenants to comply in all respects with all applicable laws, regulations and
rules regarding bidding, procurement, employment and anti-discrimination,
including, without limitation, Title VI of the Civil Rights Act of 1964, which
prohibits recipients of federal financial assistance from excluding from a
program or activity, denying benefits of, or otherwise discriminating against
a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et
se q.}, as implemented by the Department of the Treasury's Title VI
regulations, 31 CFR Part 22, which are herein incorporated by reference and
made a part of this contract (or agreement}. Title VI also includes protection
to persons with "Limited English Proficiency" in any program or activity
receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as
implemented by the Department of the Treasury's Title VI regulations, 31
CFR Part 22, and herein incorporated by reference and made a part of this
Agreement.
(c)Grantee certifies that it has read and understood its obligations with
respect to compliance with the non-discrimination requirements in this
Agreement (including, without limitation, Schedule B hereto), certifies that it
is in compliance with such requirements, and covenants to remain in
compliance at all times while this Agreement is in effect.
3.3 Recoupment and Costs
The Grantee acknowledges that it is responsible for compliance with this
Agreement and all state and federal laws and regulations applicable to the
Grant(s} funding source. Any breach of this Agreement and/or failure to comply
with such law or regulation may result in all or a portion of the Grant becoming
subject to recoupment(including, without limitation, as described in each
Application). If any portion of the Grant is subject to recoupment, the Town will
notify the Grantee in writing and the Grantee shall promptly and, in any event,
within 10 days of receiving such notice, return such Grant proceeds (including
both any unexpended portion and funds equal to the portion expended} and
any interest earnings thereon . In addition, Grantee shall be responsible for, and
hereby agrees to promptly pay or reimburse the Town for all costs incurred by
the Town, its employees, officers and agents (including without limitation,
attorneys' fees} related to or arising out of such recoupment including, without
limitation, costs of any related investigation, audit and/or collection efforts.
3.4 Indemnification
To the fullest extent permitted by law, the Grantee agrees to indemnify and hold
harmless the Town and all of its employees, officers,and agents(collectively,
"Indemnified Persons")from and against any and all losses, costs, damages,
expenses,judgments, and liabilities of whatever nature(including, but not limited
to, attorneys', accountants' and other professionals' fees and expenses, litigation
and court costs and expenses, amounts paid in settlement and amounts paid to
t
discharge judgments and amounts payable by Indemnified Persons relating to or
arising out of(i)the actual or alleged failure of the Grantee to comply with the
terms of this Agreement or with any other requirement or-condition applicable to
the federal grant with which any Grant is funded or (ii) the operation or
undertaking of each Project; provided that no indemnification shall be required of
an Indemnified Person to the extent such losses are determined by the final
judgment of a court of competent jurisdiction to be the result of the gross
negligence orwillful misconduct of such Indemnified Person. Such indemnification
includes, but is not limited to, costs arising from third-party claims. The provisions of
this Section shall survive the termination of this Agreement, and the obligations of
the Grantee hereunder shall apply to,losses or claims whether asserted prior to or
after the termination of this Agreement. In the event of failure by the Grantee to
observe the covenants, conditions and agreements contained in this.Section, any
Indemnified Person may take any action a't law or in equity to collect amounts then
due and thereafter to become due, orto enforce performance and observance of
any obligation, agreement or covenant of the Grantee under this Section. The
obligations of the Grantee under this Section shall not be affected by
any assignment or other transfer by the Town of its rights or interests under this
Agreement and will continue to inure to the benefit ofthe Indemnified Persons after
any such transfer. The provisions of this Section shall be cumulative with and in
addition to any other agreement by the Grantee to indemnify any Indemnified
Person.
3.5 Federal UEI
The Grantee shall maintain an active UEI registration at all times while this
Grant Agreement is in effect.
3.6 Recordkeeping
The Grantee shall maintain accounts and records with respect to the utilization of all
Grant funds in accordance with generally accepted accounting principles as issued from
time to time by the Governmental Accounting Standards Board (GASB). Grantee shall
keep and maintain all financial records and supporting documentation related to Grant
expenditures for a period of seven years after all Grant proceeds have been expended.or
returned to the Town. Wherever practicable, Grantee shall collect, transmit, and store
such records in open and machine readable formats. Grantee agrees to make such
records available to the Town or to the United States Treasury upon request, and to any
other authorized oversight body, including but not limited to the Government
Accountability Office (GAO), the Treasury's Office of Inspector General (OIG) and the
Pandemic Relief Accountability Committee (PRAC). Grantee agrees to make such
accounts and records available for on-site inspection during regular business hours of the
Grantee and permit the Town, the United States Treasury or any other such authorized
oversight body to audit, examine, and reproduce such accounts and records, and to make
audits of all contracts, invoices, materials, payrolls, records of personnel, data, and other
information relating to all matters covered by this Agreement. The Grantee shall permit
the Town or any party designated by it upon reasonable prior notice to the Grantee to
examine and to inspect and, without limiting the generality of the previous paragraph, to
make copies of any accounts, books and records of the Grantee pertaining to Grant
expenditures.
3.7 Single-Audit
The Grantee acknowledges that by accepting the Grant(s) it is a sub-recipient of
federal financial assistance under the federal Single Audit Act of 1984, as amended
(the "SM"). The Grantee further acknowledges that to the extent it expends an
aggregate of$750,000 in federal awards (including, but not limited to the Grant(s)) in
a fiscal year, it will be subject to an audit under the SAA and its implementing
regulations at 2 CFR Part 200, Subpart F.
ARTICLE IV-TERMINATION AND REMEDIES
4.1 Termination
(a)Termination by the Town. The Town, in its sole and absolute discretion, may terminate
this Agreement or any one or more Grants hereunder:
(i) if the Grantee has breached any provision of this Agreement including without
limitation reporting requirements in Schedule A hereto) or has failed to comply
with any applicable state or federal law or regulation applicable to any Project
and/or any Grant; or
(ii)if any representation or warranty made by the Grantee in any Application, this
Agreement, or any certification or other supporting documentation thereunder or
hereunder shall prove to have been incorrect in any material respect at the time made.
(b)Notice of Termination. The Town shall provide the Grantee with written.
notice of termination of this Agreement or any one or more Grants, setting forth
the reason(s) for termination. The termination of this Agreement or any one or
more Grants shall be effective as of the date such notice of termination is sent
by the Town.
(c)Effect of Termination. Upon termination of this Agreement or any Grant, the
Grantee shall reimburse the Town for all costs and disbursements of the
Grant(s) terminated on a
schedule to be negotiated in good faith between the Town and the Grantee,
but in no event more than 60 days from the date of such termination.
4.2 Term
This Agreement shall remain in effect until one of the following events has occurred:
(a) The Grantee and the Town substitute this Agreement with another written agreement;
(b) All of the Grantee's obligations under this Agreement have been
discharged, including, without limitation, any obligation to reimburse the
Town for disbursements of the Grant(s); or
(c) This Agreement has been terminated pursuant to the provisions of Section 4.1 hereof.
ARTICLE V - MISCELLANEOUS
5.1 Notices
All notices, requests and other communications provided for herein including, without
limitation, any modifications of, or waivers, requests or consents under, this Agreement
shall be given or made in writing and delivered, (i) in the case of the Town, to the Town
Clerk, 53095 .Route 25A, Southold, New York 11971, and (ii) in the case of the Grantee,
to the Fishers Island Fire District, P.O. Box 123, Fishers Island, New York, 06390; or, as
to either party, at such other address as shall be designated by such party in a notice to
each'other party. Unless otherwise provided herein, receipt of all such communications
shall be deemed to have occurred when personally delivered or, in the case of a mailed
notice, upon receipt, in each case given or addressed as provided for herein.
5.2 No Waiver
No failure or forbearance on the part of the Town to exercise, and no delay in exercising,
any right hereunder shall operate as a waiver thereof nor shall any single or partial
exercise by the Town of any right hereunder preclude any other or further exercise
thereof or the exercise of any other right. Conditions, covenants, duties and obligations
contained in this Agreement may be waived only by written agreement between the
parties.
5.3 Governing Law
This Agreement shall be construed under, and governed by, the laws of the State of
New York. The Grantee agrees to bring any federal or state legal proceedings arising
under this Agreement in which the Town is a party in a court of competent jurisdiction
within the County of Suffolk. This section shall not be construed to limit any other legal
rights of the parties.
5.4 Successors andAssigns
This Agreement shall be binding upon and inure to the benefit of the Grantee and the
Town and their respective successors and assigns, except that the Grantee may not
assign or transfer its rights or obligations hereunder without the prior written consent of
the Town.
5.5 Complete Agreement; Waivers and Amendments
All conditions, covenants, duties and obligations contained in the Agreement may be
amended only through a written amendment signed by the Grantee and the Town
unless otherwise specified in this Agreement.
5.6 Headings
The headings and sub-headings contained in the titling of this Agreement are i
intended to be used for convenience only and do not constitute part of this
Agreement.
5.7 Severability
If any term, provision or condition, or any part thereof, of this Agreement shall for
any reason be found or held invalid or unenforceable by any governmental agency or
court of competent jurisdiction, such invalidity or unenforceability shall not affect the
remainder of such terms, provisions or conditions nor any other term, provision or
condition, and this Agreement shall survive and be construed as if such invalid or
unenforceable term, provision or condition had not been contained therein.
5.8 Schedules, Exhibits and Attachments; Counterparts; Electronic Signature Each
schedule, exhibit or other attachment hereto and referred to herein is an integral part of
this Agreement. This Agreement may be executed in several counterparts, each of
which shall be deemed to be an original. Counterparts may be delivered via facsimile,
electronic mail (including pdf or any electronic signature complying with the U.S. federal
ESIGN Act of 2000 and related state law) or other transmission method and any
counterpart so delivered shall be deemed to have been duly and validly delivered and
be valid and effective for all purposes.
5.9 Further Assurances
Grantee agrees that it will, from time to time, execute, acknowledge, and deliver, or
cause to be executed, acknowledged, and delivered, such further instruments as may
reasonably be required for carrying out the intention or facilitating the performance of
this Agreement.
5.10 Third-Party Beneficiaries
This Agreement is exclusively between the Town and the Grantee, and does not, nor is
intended, to create any privity of contract with any other party not a party hereto other
than the Indemnified Persons, norto imply a contract in law orfact.The Town is not
obligated to disburse grant funds on any contract, or otherwise, between the Grantee
and any other party, nor intends to assume, at any time, direct obligations for payment
for work, goods, or other performance under such contracts . The obligation to pay
any amounts,due under such contracts is solely the responsibility of the Grantee.
Nothing herein, express or implied, is intended to, or shall confer upon, any other
person any right, benefit,or remedy of any.nature whatsoever under or by reason of
this Agreement between the Town, the Grantee and the Indemnified Person.
IN WITNESS WHEREOF, the parties hereto have caused this Grant Agreement to
ll
be duly executed as of the d�s day of , 2025.
TOWN OF SOUTHOLD
Name: Albert J. Krupski, Jr.,
Title: Supervisor
Date:
FISHERS I D FERRY DISTRICT, GRANTEE
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Name: y
Date: ck 70 1 L r
SCHEDULE A
Reporting Requirements
Event Reporting
The following events shall be reported promptly upon the occurrence thereof(and in any
event with five business days of the occurrence thereof} to the Town:
(a) The inclusion of the Grantee, or any contractor or sub-recipient related to any
Grant or any Project, or any employee, officer or other official of any of the foregoing,
on any state or federal listing of debarred or suspended persons, or if any of such
persons are proposed for disbarment, declared ineligible, or voluntarily excluded from
covered transactions by any state or Federal department or agency.
(b)Any criminal or civil litigation, or credible threat of such litigation, or
investigation by any governmental entity of any of the persons listed in (a)
for violations of state or Federal law involving fraud, bribery,
misappropriation of funds, breaches of fiduciary duty or other actions bearing
on the trustworthiness, credibility or responsibility of such person.
On Demand Reporting
(a)A list of antidiscrimination complaints, reviews and proceedings, if any, as described
in item 8 of Schedule B; and
(b) Such other reporting relating to each Grant and each Project as the Town shall
reasonably request from time to time.
Scheduled Reporting
(a) Quarterly Reporting. The Grantee shall provide quarterly reports as of the end
of each fiscal quarter. Such reports shall be delivered to the Town not later than
the fifteenth (15} day following the end of each fiscal quarter (i.e. January 15, April
15, July 15 and October 151 and shall contain:
a.The status of prospective purchases and disbursement of funds (not started, in process,
completed)
b.The amount of each Grant expended during the quarter;
c.The cumulative total amount of each Grant expended since inception;
d.The amount, if any, of each Grant that has been obligated for spending but not yet
disbursed;
e. A certification that, as of such reporting date and at all times since the previous
reporting date {or if none, since the date of the Grant Agreement), the Grantee is and
has been in full compliance with all terms of the Grant Agreement, including, without
limitation, the antidiscrimination requirements described on Schedule B{or has
delivered to the Town in writing a full accounting of all instances on noncompliance);
f.Such other items as the Town shall reasonably request related to the
Grant{s) and/or the Project{s)
g. Close Out Reporting. The Grantee shall provide a final close-out report after the final
expenditure (or return to the Town) of each Grant. Such report shall be delivered to
the Town not later than 60 days following the quarter in which such final expenditure
{or return) occurred and shall contain all such items as are reasonably requested by
the Town or its agents.
SCHEDULE B
Assurance of Compliance with Civil Rights Requirements
As a condition of receipt of federal financial assistance including the Grant(s), the
Grantee provides the assurances stated herein. The federal financial assistance
includes the Grant(s) and may include other federal grants, loans and contracts to
provide assistance to the recipient's beneficiaries, the use or rent of Federal land or
property at below market value, Federal training, a loan of Federal personnel,
subsidies, and other arrangements with the intention of providing assistance.
Federal financial assistance does not encompass contracts of guarantee or
insurance, regulated programs, licenses, procurement contracts by the Federal
government at market value, or programs that provide direct benefits. This
assurance applies to all federal financial assistance from or funds made available
through the Department of the Treasury, including the Grant(s) and any assistance
that the Grantee may request in the future. The Civil Rights Restoration Act of 1987
provides that the provisions of this assurance apply to all of the Grantee's programs,
services and activities, so long as any portion of the Grantee's program(s) is
federally assisted in the manner proscribed above.
1 . Grantee ensures its current and future compliance with Title VI of the Civil
Rights Act of 1964, as amended, which prohibits exclusion from participation,
denial of the benefits of, or subjection to discrimination under programs and
activities receiving federal funds, of any person in the United States on the
ground of race, color, or national origin (42 U.S.C. § 2000d etseq.), as
implemented by the Department of the Treasury Title VI regulations at 31
CFR Part 22 and other pertinent executive orders such.,as Executive Order
13166; directives; circulars; policies; memoranda and/or guidance
documents.
2. Grantee acknowledges that Executive Order 13166, "Improving Access
to Services for Persons with Limited English Proficiency," seeks to improve
access to federally assisted programs and activities for.individuals who,
because of national origin, have limited English proficiency ("LEP"). Grantee
understands that denying a person access to its programs, services, and
activities because of LEP is a form of national origin discrimination
prohibited under Title VI of the Civil Rights Act of 1964 and the Department
of the Treasury's implementing regulations. Accordingly, Grantee shall
initiate reasonable steps, or comply with the Department of the Treasury's
directives, to ensure that LEP persons have meaningful access to its
programs, services, and activities. Grantee understands and agrees that
meaningful access may entail providing language assistance services,
including oral interpretation and written translation where necessary, to
ensure effective communication in the Grantee's programs, services, and
activities.
3. Grantee agrees to consider the need for language services for LEP
persons during development of applicable budgets and when conducting
programs, services and activities. As a resource, the Department of the
Treasury has published its LEP guidance at 70 FR 6067. For more information
on LEP, please visit http://www.lep.gov.
4. Grantee acknowledges and agrees that compliance with this assurance
constitutes a condition of continued receipt of federal financial assistance
(including, without limitation, the Grant(s)), and is binding upon Grantee and
Grantee's successors, transferees and assignees for the period in which such
assistance is provided.
5.Grantee acknowledges and agrees that it must require any sub-grantees,
contractors, subcontractors, successors, transferees, and assignees to
comply with assurances 1-4 above, and agrees to incorporate the following
language in every contract or agreement subject to Title VI and its regulations
between the Grantee and the Grantee's sub-grantees, contractors,
subcontractors, successors, transferees, and assignees:
6. The sub-grantee, contractor, subcontractor, successor, transferee, and
assignee shall comply with Title VI of the Civil Rights Act of 1964, which
prohibits recipients of federal financial assistance from excluding from a
program or activity, denying benefits of, or otherwise discriminating against a
person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.),
as implemented by the Department of the Treasury's Title VI regulations, 31 CFR
Part 22, which are herein incorporated by reference and made a part of this
contract (or agreement). Title VI also includes protection to persons with "Limited
English Proficiency" in any program or activity receiving federal financial
assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the
Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by
reference and made a part of this contract or agreement.
7. Grantee understands and agrees that if any real property or structure is
provided or improved with the aid of federal financial assistance by the Department
of the Treasury (including, without limitation, the Grant(s)), this assurance obligates
the Grantee, or in the case of a subsequent transfer, the transferee, for the period
during which the real property or structure is used for a purpose for which the federal
i
financial assistance is.extended or for another purpose involving the provision of
similar services or benefits. If any personal property is provided, this assurance
obligates the Grantee for the period during which it retains ownership or possession
of the property.
8.Grantee shall cooperate in any enforcement or compliance review activities by
the Town or the Department of the Treasury of the aforementioned obligations.
Enforcement may include investigation, arbitration, mediation, litigation, and
monitoring of any settlement agreements that may result from these actions.
That is,the Grantee shall comply with information requests, on-site compliance
reviews, and reporting requirements.
9.Grantee shall maintain a complaint log and promptly inform the Town of
any complaints of discrimination on the grounds of race, color, or national origin,
and LEP covered by Title VI of the Civil Rights Act of 1964 and implementing
regulations and provide, upon request, (i) a list of all such reviews or
proceedings based on the complaint, pending or completed, including outcome
or (ii) if such is the case, a statement that Grantee has received no complaints
under Title VI.
10. Grantee must provide documentation of an administrative agency's, or court's
findings of noncompliance of Title VI of the Civil Rights Act of 1964 and efforts to
address the non-compliance, including any voluntary compliance or other
agreements between the Grantee and the administrative agency that made the
finding. If the Grantee settles a case or matter alleging such discrimination, the
Grantee must provide documentation of the settlement.
11. If the Grantee makes sub-awards to other agencies or other entities, the Grantee
is responsible for ensuring that-sub-recipients also comply with Title VI and other
applicable authorities covered in this document.
COVER SHEET FOR DOCUMENTS
SENT T0:
—Lou,�o
Sent By: TOWN ATTORNEY, PAUL M. DECHANCE
DEPUTY T/A, JACK SQUICCIARINI
ASSISTANT T/A, JULIE M. MCGIVNEY
ASSISTANT T/A, BENJAMIN JOHNSON
CONFIDENTIAL SECRETARY, AMY SCHLACHTER
Type of A reement
g
Nature of Contract/Agreement
OCT 2 9 2025