HomeMy WebLinkAboutDominican Sisters ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFOP~L~TION OFFICER
Town l~tall, 53095 Main Road
P.O. Box ~_179
Southold, Ne~v York 11971
Fax (631.) 765-6145
Telephone (631) 765-1.800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLO~VING RESOLUTION NO. 684 OF 2004
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON SEPTEMBER 21, 2004:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to sign Agreement between the Town of Southold and the
Dominican Sisters Family Health Services~ Inc., in the amount of $5,000, as part of the 2004
Community Development Block Grant Program, subject to the approval of the To~vn Attorney.
Elizabeth A. Neville
Southold Town Clerk
PUBLIC
AGREEMENT
Helping Hands Program
SERVICE: General Support
(Name of Project)
PROJECT
THIS AGREEMENT, made
by and between the
corporation having
53095 Main Road~ Southold
(Address: # Street, City)
(hereinafter referred to as
Town of Southold , a municipal
(Name of Municipality5
its principal office and place of business at
,New York, 11971
(Zip)
the "MUNICIPALITY"), and the
Dominican. Sisters Family Health Services, Inc. , with offices at
Name of Non-Profit Organization
103-6 West Montauk Highway, Hampton Bays
(Address: # Street, City)
, ~New York, 11946 ,
(Zip)
(hereinafter
referred to as the "AGENCY").
W I T N E S S E T H :
WHEREAS, the Village/Town Boar'd of the Town of Southold
~Name of Municipality)
by resolution authorized the execution of an agreement with the
AGENCY for the services of conducting Homeworker-services- Helpin$ Hands
(Description of Program)
~on-profit home health agency servin~ Iow/middle income families
(Description of Program)
NOW, THEREFORE, it is mutually agreed by
AGENCY and the MUNICIPALITY as
I. The F~llowing exhibits
and made a part hereof:
Exhibit
follows:
are attached
and between the
to this agreement
"A" Program Description and Budget
II. In consideration of the payment by the MUNICIPALITY to
the sum of Fiv? ~pusand ($5.000 ) DOLLARS,
~ProJect Allocation Amount)
the AGENCY agrees to conduct the following programs and provide
services as follows for the period of. ,. _
(SZtar~ Dat~)
(End /Date)
(CD PUB SERV 11/92)
Development Block Grant Program. THE AGENCY agrees to provide
services as described in Exhibit "A". The MUNICIPALITY may
approve modification of said services such as are appropriate
the carrying out of the purposes of this agreement.
to
III. The AGENCY shall provide the MUNICIPALITY with reports
on program activities, development and finances (audit upon
request) and statistical data and such reports as the
MUNICIPALITY, SUFFOLK County,
necessary.
IV. The AGENCY agrees
or Federal Government shall deem
to return all program income to the
MUNICIPALITY. The MUNICIPALITY shall designate the specific
activities to be undertaken with program income. All provisions
of this agreement shall.apply to any program income assigned by
the MUNICIPALITY to the AGENCY. Ail program income shall be
substantially disbursed for agreed upon activities before the
MUNICIPALITY shall request additional cash withdrawals for the
same activities.
V. Any real property under the AGENCY's control that was
acquired or improved in whole or..in part with Community
Development ~nds in excess of $25,000 shall either:
be used to meet one of the national objectives for at
least five' years after execution of this agreement, or such
longer period of time as determined appropriate by. Suffolk
County; or
disposed of in a manner which results in the
MUNICIPALITY being reimbursed in the amount of the current fair
market value of the property less any portion attributable to
expenditures of non-Community Development funds for acquisition
of, or improvement to, the property.
VI. The AGENCY agrees to
rules, and regulations:
comply with
2
the following laws,
(CD PUB SERV 11/92
A. The requirements and standards of Federal OMB
Circular numbers A-110 and A-133, "(Audit Requirements for Non-
Profit Organizations) and A-122 (Cost Principals for Non-Profit
Organizations), or for educational institutions A-il0 and A-133
(Audit Requirements for Non-Profit Organizations) and A-121 (Cost
Principals for Non-Profit Educational Institutions).
B. Title VI of the Civil Rights Act of 1964 (PL 88-352)
and all requirements imposed by or pursuant to that Title, to the
end that no person shall be, on the ground of race, color,
national origin, or sex excluded from participation in or be
denied the benefits of, or be otherwise subjected to
discrimination either in seeking service or employment with the
AGENCY. No person shall be denied either s~rvice or employment
with the AGENCY because 'of religious discrimination.
C. Executive Order 11246 which provides that no person
shall be discriminated against on the basis of race, color,
religion, sex or national origin in all phases of employment.
D. Title VIII of the Civil Rights Act of 1968 (PL 90-
284) known as the Fair Housing A'dt, which prohibits
discrimination in the sale or rental of housing, the financing
of
housing, or the provision of brokerage services including making'
unavailable or denying a dwelling to any person because of race,
color, religion, sex, or national origin.
E. Section 109 of the Housing and Community Development
Act of 1974 (as amended) re.quiring that no person be excluded
from participation or denied benefits, or be subjected to
discrimination on the grounds of race, color, national origin or
(CD PUB SERV 11/92)
F. Section 110 of the Housing and Community Development
Act regarding labor standards for contractors or subcontractors
performing construction work, rehabilitation work, or home
improvement projects of eight or more units and Rental
Rehabilitation projects of twelve or more units.
G. Section 202(a) of the Flood Disaster Protection Act
of 1973.
H. The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 USC. 4601).
I. Executive Order 11246 which prohibits discrimination
in employment and Section 3 of the Housing ~and Urban Development
Act of 1968 regarding the provision of amployment to low income
persons residing within the boundaries of the Consortium.
J. Section 401(b) of the Lead Base Paint Poisoning
Prevention Act.
K. 24 CFR Part
suspended or ineligible
24 prohibiting the use of debarred,
contractors or sub-recipients.
L. 24 CFR Part 570.511 regulations prohibiting persons
receiving benefit who have a conflict of interest.
M. 24 CFR Part 570.200(J) which prescribes the use of
Community Development funds by religious organizations.
Community Development funds shall not be used for religious'
activities or provided to primarily religious entities for
activities including secular activities. Community Development
funds shall not be used for the acquisition of property or the
construction or rehabilitation (including historic preservation
and removal of architectural harriers) of structures to be used
(CD PUB SERV 11/92)
for religious purposes or which will otherwise promote religious
interests. This limitation includes the acquisition of property
for ownership by primarily religious entites and the constr'uction
or rehabilitation (including historic
architectural barriers) of structures
(except as permitted with respect to
undertaken in connection with public
preservation and removal or
owned by such entities
rehabilitation and repairs
services) regardless of the
use to be made of the property or structure. Property owned by
primarily religious entites shall only be acquired with Community
Development funds at no more than fair market value for a non-
religious use.
Community Development funds shall be used to
rehabilitate buildings owned by primarily religious entites to be
used for a wholly secular purpose only unde~ the following
conditions:
1. The building (or portion thereof) that is to be
improved with the Community Development assistance has been
leased to an existing or newly established wholly secular entity
(which may be an entity established by the religious entity);
2. The Community Development assistance is provided
to the lessee (and not the lessor) to make the improvements;
secular purposes
rent
made;
of the
The leased premises will be used exclusively for
available to persons regardless of religion;
4. The lease payments do not exceed the fair marke~
premises as they were before the improvements are
5. The portion
also serve a non-leased part
and paid for by the lessor;
of the cost of any improvements that
of the building will be allocated to
6. The lessor enters into a binding agreement that
unless the lessee, or a qualified successor lessee, retains the
use of the leased premises for a wholly secular purpose for at
least the useful life of the improvements, the lessor will pay to
the lessee an amount equal to the residual value of the
improvements;
(CD PUB SERV 11/92)
7. The lessee must remit the amount received from
the lessor under the preceding paragraph of this section to the
MUNICIPALITY from which the Community Development funds were
derived.
eligible public
services:
Community Development funds shall be used for
services provided that, in the provision of such
1. The AGENCY shall not discriminate against any
employee or applicant for employment on the basis of religion and
shall not limit employment or give prefer Jnce in employment to
persons on the basis of religion;
2. The AGENCY shall not discriminate against any
person applying for such public services o~ the basis of religion
and shall not limit such services or give preference to persons
on the basis of religion;
3. The AGENCY shall provide no religious
instruction or counseling, conduct no religious worship or
services, engage in no religious proselytizing, and exert no
other religious influence in the provision of such public
The portion of '~ facility used to provide the
shall contain no religious symbols or
those permanently affixed to or part of
services;
4.
public servi~s
decorations, other than
the structure.
VII. The MUNICIPALITY shall have the responsibility and the
authority to evaluate the program covered by this agreement and
to take whatever action it deems necessary to insure the
satisfactory fulfillment of this contract. This agreement may be
terminated for default, inability or failure to perform.
If, through any cause, the AGENCY fails to perform in a
timely and proper manner its obligation herewith, the
MUNICIPALITY shall have the right to terminate this agreement by
giving sixty (60) days prior notice, by registered or certified
6
(CD PUB SERV 11/92)
mail, to the other party, of such cancellation. Should the
MUNICIPALITY cancel in accordance with this provision herein,
Community Development Block Grant funds on hand or accounts
receivable at the time of termination shall be returned to the
MUNICIPALITY within thirty (30) days of the notice of
termination.
VIII. Under this agreement, no Federal appropriated funds
shall be paid by or on behalf of the AGENCY, to any person for
influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any
Federal loan, the entering into of any coop~rative agreement, and
the extension, continuation, renewal,
of any Federal contract, grant, loan,
If any funds other than Federal
paid or will be paid to any person for
to influence an officer or employee of
amendment, or modification
or cooperative agreement.
appropriated funds have been
influencing or attempting
any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agre. ement, the AGENCY shall oomplete
and submit S~ndard Form-LLL, "Disclosure Form to Report
Lobbying, in accordance with its instructions.
IX. The AGENCY shall indemnify and hold harmless the
MUNICIPALITY and SUFFOLK COUNTY from all claims, costs, damages,
Judgement liens, or injuries to persons or property of whatsoever
kind or nature arising out of the performance required under this
agreement.
X. It is understood that this instrument represents
entire agreement of the parties hereto, and all previous
understandings are merged hereto.
the
(CD PUB SERV 11/92)
IN WITNESS WHEREOF, the parties hereto have executed this
agreement by their respective signatures the day and year last
written below.
/'Sup~or,'/~6wn of Southold
By: Da~e:
(CD PUB SERV 11/92)
EXRIBIT A
PUBLIC
PROGRAM DESCRIPTION AND BUDGET
Helping Hands Program
SERVICE: General Support
{Name of Project)
PROJECT
Detailed Description of
Program Activities
Budget
Allocation
Home worker services through the Helping
Hands Program for Iow/middle income families
$5,000
Total Budget
$5,000
$
SPECIFICALLY DESCRIBE ACTI¥ITIE$ OR ITEHS COHMUNITY DEVELOPMENT
· UND$ WILL PAY FO~.
(CD PUB SERV 11/92)