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Home My WebLink AboutComm Devel Block Grant 2005 SOUTHOLD TOWN BOARD PUBLIC HEARING August 14,2007 5:00 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN the Town Board of the Town of Southold is proposing amendments to the Community Development Block Grant 2003 and the 2005 Community Development Block Grant Program Budget, as follows to wit: Proiect Cutchogue Drainage Project FY 2003 Current Budl!et $5,000 Increase -0- Decrease $5,000 New Budl!et -0- Home Improvement Project FY 2005 -0- $5,000 -0- $5,000 RESOLVED that the Town Board of the Town of South old hereby sets 5:00 PM Tuesday, August 14,2007, Southold Town Hall, 53095 Main Road, Southold, New York 11971, as the time and place for a Public Hearing to hear citizens on the aforesaid proposed amendments. Interested citizens should attend this meeting to comment on the proposed changes. Written comments should be addressed to Elizabeth A. Neville, Southold Town Clerk, Southold Town Hall, PO Box 1179, Southold, New York 11971 This has appeared as a legal in the newspaper, it has also appeared on the Town Clerk's bulletin board outside. And these are the only communications in the file. SUPERVISOR RUSSELL: Amending the Community Block Grants. This is the hot button issue you are all waiting for, I am sure. Would anybody like to come up and address the Board on this issue? (No response) Can I get a motion to close? * * * * * ~~ Elizabeth A. Neville Southold Town Clerk ~ " #8471 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 2nd day of Auqust. 2007. ~ ~llil ;n~~Q Principal Clerk Sworn to before me this 2007 o day of Q;;. qy). /'h I.F.GAI. NOTICE _Heariq NOTICE IS HEREBY GIVEN the Town Board of the Town of Southold is proposing amendments to the Com- munity Development Block.Grant 2003 and the 2005 Community Development Block Grant Program Budget. as follows to wit: ~ Cutc::hogue Drainage Project FY 200J Curren. BudVe.: $5,000 Increase: .0. Decrease: $5,000 New Bud@"et: -0- Proiect:. Home Improvement Project FY 2005 CuiTen. Budftt: .0- Increase: $5,000 Decrease: -0. New Budl!'et: $5,000 RESOLVED that the Town Board of the Town of Southold hereby sets 5:00 PM Thesday, August 14, 2007, Southold Town Hall. 53Q95 Main Road. Southold. New Yotk 11971; as the time and place for a Pu.blic Hearing to hear citizens on the aforesaid proposed amendments. Interested citizens should attend this meeting to comment on the proposed changes. Written comments should be addressed to ElizabethA Neville,South- old Town Clefk, Southold Town Hall, PO Box 1179,Sotitbold,NewYork"11971. . BY ORI)ER OF THE SOUTHOLD TOWN BOARI) OF THE TOWN OF SOUTHOLD ELIZABEtH A. NI;;VILLE SOUTHOLD TOWN CLERK July 17, 2007. 8471-1T 8/2 (Jy1fb-fvLl~(L1 CHRISTINA YOllNSKI NOTARY PUBLIC-STATE OF NEW YORK No. 0 ]-Y061 05050 Qualified In Suffolk County Commission Expires February 28, 2008 . . LEGAL NOTICE Public Hearing NOTICE IS HEREBY GIVEN the Town Board of the Town of Southold is proposing amendments to the Community Development Block Grant 2003 and the 2005 Community Development Block Grant Program Budget, as follows to wit: Current Proiect Cutchogue Drainage Project FY 2003 Budeet $5,000 Increase Decrease New Budeet -0- -0- $5,000 Home Improvement Project FY 2005 -0- $5,000 -0- $5,000 RESOLVED that the Town Board ofthe Town of Southold hereby sets 5:00 PM Tuesday, August 14,2007, Southold Town Hall, 53095 Main Road, Southold, New York 11971, as the time and place for a Public Hearing to hear citizens on the aforesaid proposed amendments. Interested citizens should attend this meeting to comment on the proposed changes. Written comments should be addressed to Elizabeth A. Neville, Southold Town Clerk, Southold Town Hall, PO Box 1179, Southold, New York 11971 BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF SOUTH OLD, July 17,2007. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON August 14, 2007, AND FORWARD TWO (2) AFFIDAVIT OF PUBLICATIONS TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times James McMahon Town Board Members Comptroller Town Attorney Town Clerk's Bulletin Board . . . . STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk oftRe Town of South old, New York being duly sworn, says that on the 30 day of \\ ,2007, she affixed a notice of which the annexed printed notice is a manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. PH Community Development budget mod. 8114/075:00 pm eAih~a ~ izabeth A. Neville Southold Town Clerk 2007. LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01806020932 Qualified in Suffolk County Term Expires March 8, 20 J.J.. Southold Town Board - Llr B! Meeting of July 17,2007 RESOLUTION 2007-611 Item # 5 ADOPTED DOC ID: 3034 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-611 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 17, 2007: RESOLVED that the Town Board ofthe Town of South old hereby authorizes and directs Town Clerk Elizabeth A. Neville to publish a Notice of Public Hearine Notice on proposed amendments to the 2003 & 2005 Community Development Block erant Proeram Budeets, as follows to wit: Current Proiect Cutchogue Drainage Project FY 2003 Budeet $5,000 Increase Decrease New Budeet -0- -0- $5,000 Home Improvement -0- $5,000 -0- $5,000 Project FY 2005 NOTICE IS FURTHER GIVEN that the Southold Town Board will consider the aforesaid proposed amendments at their Regular Meeting, on August 14,2007, at 5:00PM, at the Southold Town Hall, 53095 Main Road, Southold, New York. Interested citizens should attend this meeting to comment on the proposed changes. Written comments should be addressed to Elizabeth A. Neville, Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971 atI4Cl.Q-''1-'A. Elizaheth A. Neville Generated July 18, 2007 Page 16 Southold Town Board - L.r Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: William P. Edwards, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Generated July 18,2007 .d Meeting of July 17,2007 Page 17 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 211 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 12, 2005: RESOLVED that the Town Board of thc Town of Southold hereby authorizes and directs Suoervisor Horton to si~n the 2005 Community Develooment Block Grant Allreement between the Town of Southold and the Count~' of Suffolk, subject to thc approval of thc Town Attorney. Elizabeth A. Neville Southold Town Clerk Rev. 3/24/05 Community Development Block Grant AGREEMENT IFMS No. This Agreement, is between the County of Suffolk (County), a municipal 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 laws of the State of New York, located at 53095 Main Road, P.O. Box 1179, Southold, N.Y. 11. The Municipality above named has heretofore expressed its desire to undertake or assist in undertaking essential community, development and housing assistance activities as set forth in the Housing and Community Development Act of 1974, as amended (hereinafter referred to as "the Act"); and The County has received and accepted a grant fi'om the U.S. Department of Housing and Urban Development (hereinafter referred to as "HUD") for the purposes of the Act pursuant to Resolution No..~; ~ of~,~ Oo.~ ; and the parties desire to undertake various eligible activities under the Act; and the parties heretofore have entered into a cooperative agreement for said purposes. Term of Agreement: Total Cost of Agreement: Terms and Conditions: As provided in paragraph 53 of Exhibit A. Shall not exceed $ 158,000.00 Shall be set forth in Exhibits A through C and Other Exhibits including the Suffolk County Public Disclosure Forms. In Witness Whereof, the parties hereto have executed this Agreement as of the latest date written above. Town of Sou7 Fed. TaxpayerlD#:__l16001939 Date: Approved as to Legality: Christine Mala~fi Assistant Count3, Attorney County of Suffolk Paul Sabatino II Chief Deputy County Executive Date: Approved: Office ~f~o m m u n i~ D_~lop/~t ///~osepl~. San se~rino ~ Director Date: Law No. Rev. 3/24/05 Community Development Block Grant Agreement IFMS No. Table of Contents Page EXHIBIT A: General Terms and Conditions ................................................................................................ 4 Paragraph 1 - Purpose ............................................................................................................................ 4 Paragraph 2 - Grant Administration ....................................................................................................... 4 Paragraph 3 - Funding ............................................................................................................................ 4 Paragraph 4 - Payments and Compensation ........................................................................................... 5 Paragraph 5 - Performance ..................................................................................................................... 6 Paragraph 6 - County-Municipality Relationship ................................................................................... 7 Paragraph 7 - Citizen Participation ........................................................................................................ 7 Paragraph 8 - Flood Disaster Protection ................................................................................................. 7 Paragraph 9 - Equal Employment Opportumty and Affirmative Action ................................................ 8 Paragraph 10- Non-Discrimination Under Title VI of the Civil Rights Act of 1964 and Title VII of the Civil Rights of 1968 ........................................................................................................ 12 Paragraph 11- Lead Based Paint Hazard ................................................................................................ 12 Paragraph 12 Fire Prevention and Control Act .................................................................................... 13 Paragraph 13 Federal I' abor Standards Provisions .............................................................................. 13 Paragraph 14 Compliance with Air and Water Acts ............................................................................ 13 Paragraph 15 Relocation Assistance and Acquisition of Real Property ............................................... 14 Paragraph 16 Consolidated Plan .......................................................................................................... 15 Paragraph 17 Displacement ................................................................................................................. 15 Paragraph 18 Obligations o f Municipality with Respect to Certain Third Party Relationships ........... 15 Paragraph 19 Conflictoflnterest ......................................................................................................... 17 Paragraph 20 Books and Records of Accounting ................................................................................. 18 Paragraph 21 - Program Income ............................................................................................................ 19 Paragraph 22 - Real Property ................................................................................................................. 19 Paragraph 23 - Reversion of Assets ....................................................................................................... 20 Paragraph 24 - Equipment - Vesting of Title ......................................................................................... 20 Paragraph 25 - Financial Statements and Audit Requirements .............................................................. 20 Paragraph 26 - Use of Federal Funds for Lobbying .............................................................................. 22 Paragraph 27 - Political Activities ......................................................................................................... 22 Paragraph 28 - Constitutional Prohibition ............................................................................................. 22 Paragraph 29 - Indemnification .............................................................................................................. 22 Paragraph 30 - Assignment or Subcontracting ....................................................................................... 23 Paragraph 31 - Entire Agreement .......................................................................................................... 23 Paragraph 32 - No Oral Changes ........................................................................................................... 23 Paragraph 33 - Severability, No Implied Waiver .................................................................................. 23 Paragraph 34 - Independent Contractor ................................................................................................. 24 Paragraph 35 - Offset of Arrears or Default .......................................................................................... 24 Paragraph 36 - Payments Contingent upon Federal Funding ................................................................. 24 Paragraph 37 - Confidentiality .............................................................................................................. 24 Paragraph 38 - Publications .................................................................................................................... 25 Paragraph 39 - Copyrights ...................................................................................................................... 25 Paragraph 40 - Patents ............................................................................................................................ 25 Paragraph 41 - Agreement Subject to Appropriation of Funds ............................................................. 26 Paragraph 42 - Insurance ....................................................................................................................... 26 Paragraph 43 - Public Disclosure Statement .......................................................................................... 27 Paragraph 44 - Termination ................................................................................................................... 28 Paragraph 45 - Choice of Law ............................................................................................................... 3 I Paragraph 46 - Notices and Contact Persons ......................................................................................... 31 Paragraph 47 - Set-Off Rights ............................................................................................................... 32 Paragraph 48 - Certification ................................................................................................................... 33 Paragraph 49 - Gratuities ........................................................................................... 33 Paragraph 50 - Child Sex .abuse Reporting ...................................................................... 33 Paragraph 5 l - Civil Actions ....................................................................................... 33 (3/05) Pa~e ~ Law No. IFMS No. Rev. 3/24/05 Community Development Block Grant Agreement Paragraph 52 - Funding Identification ........................................................................... 34 Paragraph 53 - Effective Dates .................................................................................... 34 EXItIBIT B: Project Description, Budget, Use of Funds .............................................................................. 35 EXHIBIT C: Project Descriptions ................................................................................................................. 36 Other Suffolk County Exhibits: I Gratuities II Municipality'sffV'endor's Public Disclosure Statement Form SCEX 22; rev. 3/30/04 (form consists of two pages; requires signature & notarization) (3/05) Page Law No. Rev. 3/24/05 Community Development Block Grant Agreement IFMS No. EXHIBIT A General Terms and Conditions 1. Purpose: The Municipality, for the consideration herein provided, agrees to complete in the most substantial workmanlike manner the community development project(s) as described in Exhibits "B" and "C", attached hereto and made a part hereof(hereinafter referred to as "CD Project(s)". CD Projects shall not be located outside the boundaries of the Municipality without the written approval of the County and the affected jurisdiction. 2. Grant Administration: a) Authorization: Notwithstanding any other provision of this Agreement, the Municipality must submit evidence, and the County must certify, prior to any comrmtment of funds under this Agreement, that all grant responsibilities have been met and are in accordance with applicable regulations. Upon such certification, the County will give notice authorizing the Municipality to begin CD Project(s). b) Supev,'ision: It is agreed that the nature and extent of the CD Project(s) undertaken pursuant to this Agreement shall be subject to the general supervision of the County. The County as applicant is primarily responsible for the program. The Municipality agrees to comply fully with rules, regulations, criteria, guidelines and expenditure controls heretofore adopted or to be adopted by the County and Federal Governments pursuant to law. 3. Funding: a) Budget: The Municipality represents and agrees that the Budget, as listed in Exhibit "C", attached hereto and made a part hereof plus program income assigned to the Mnnicipality by the County, includes all costs of materials, appliances, tools and labor needed by the Municipality to undertake the CD Project(s). b) Limitations: Payments to the Municipality are limited to funds deposited with the Count)' pursuant to the Federal grant. Said payment to the Municipality shall be for approved project expenditures, not to exceed the budget as listed in Exhibit C plus assigned program income. The Municipality shall not be reimbursed for an.,,, project or part thereof, other than administrative activities, which occurred prior to HUD's "Notice of Removal of Grant Conditions and Release of Funds.' (See E:cb. ibit A). (3/05) Page 4 Law No. IFMS No. Rev. 3/24/05 Community Development Block Grant Agreement Activities which require compliance with Federal regulations 24 CFR Part 58 environmental standards precedent to Release of Funds are aitached hereto as Exhibit "B" and made part hereof, this includes the filing for Environmental Review as appropriate. Compliance with Environmental regulations shall also apply to all new or revised activities developed subsequent to Exhibits B and C. Executive Order 12372 requires that Community Development projects for the planning, construction, reconstruction, rehabilitation or installation of water or sewer facilities (including storm sewers and sanitary sewers) must be submitted for review and comment by the New York State Clearinghouse and the Long Island Regional Planning Board prior to implementation. The Municipality shall not be reimbursed for any project or pan thereof, which occurred prior to the expiration of the review and comment period. Activities subject to compliance with Executive Order 12372 are indicated in Exhibit B. Compliance with Executive Order 12372 shall also apply to all new or revised activities developed subsequent to Exhibits B and C. c) Budget Modifications: If requested by the Municipality, the County may increase or decrease the cost of any CD Project(s), subject to applicable HUD regulations and approval by the County, with the understanding that the total allocated to the Municipality, as specified in Exhibit "B" hereof, shall remain unchanged unless such change is approved by the County, and provided that the funding comrmtted does not exceed the amount of grant award plus assigned program income. 4. Payments and Compensation: The total amount of compensation and reimbursement shall not exceed the Total Cost of Agreement on the cover page of this Agreement. Together with this Agreement, the Municipali .ty shall submit a standard Suffolk County Pa~waent Voucher listing all information regarding the services and other items for which expenditures have been or will be made during the term of this Agreement. All claims for payment are to be submitted within thirty (30) days after the close of the month in which the expenditure was made. Claims are subject to adjustments or audit by authorized personnel of the County, State, or Federal Governments. Disbursements shall be paid by the Municipality and documentation, including any other form(s) required by the Connty, shall be furnished to the Department pursuant to, and as lirmted by, the Regulations for Accounting Procedures for Contract Agencies of the Suffolk County Department of Audit and Control. The Municipality shall be entitled to no more than compensation anct,'or reimbursement as provided in this Agreement for the completion of all work, labor and services contemplated in this Agreement, and in full reimbursement of ail travel and other expenses of every nature and kind whatsoever, notwithstanding the total amount of time expended or expenses actually (3/05) Page s · I~awNo. IFMSNo. Rev. 3/24/05 Community Development Block Grant Agreement incurred, tn addition to any other remedies that the Count3, may have, failure to supply the required documentation will disqualify the Municipality fi.om any filrther County contracts. Payment of all vouchers shall be according to a schedule prescribed by the County, provided funds are authorized for that purpose fi.om the Federal Govermnent. All claims presented shall be on Standard County Vouchers, in a form prescribed by the Count),, State or Federal Governments. Any funds advanced but not expended at the end of the contract period shall immediately be due and owing to the County. Upon written request of the Municipality, the County may authorize advances of Federal funds in anticipation of actual expenditures, in order to meet Municipal payrolls or subcontractor expenses in a timely manner. This request shall be submitted by the Municipality on a form specified by the County. 5. Performance: The Municipality agrees to begin work on its CD Project(s) within a reasonable time after the effective date of this contract and meet timely expenditure requirements. The Municipality will be considered to meet timely requirements if by January Ist of each )'ear its total balance ofunexpended funds from all program years does not exceed 1.5 times the Municipality's most recent annual Community Development allocation. If the Municipality has unexpended balances from previous years' funding, which are from four or more years prior to the current program year, or If the Municipality has a past history of not meeting timely expenditure requirements, or If the Municipality, by January 1st has a total balance of unexpended funds from all program years, which exceed 1.5 times the Municipality's most recent annual Community Development allocation, the County may take the following actions either singularly or in combination: a) Require the Municipality to submit information to the County regarding the reasons for lack of performance and actions benig taken to remove the causes for delay. b) Require the Municipality to demonstrate to the County that the Municipality has the capacity to carry out CD Project(s) and meet Community Development timely expenditure requirements. c) Require the Municipality to submit to the County progress schedules for completing CD Project(s) in compliance with Community Development timely expenditure requirements. (3/05) Page l~aw No. IFMS No. Rev. 3/24/05 Community Development Block Grant Agreement d) Issue a letter of warning to the Municipality advising that more serious sanctions will be taken if the deficiency is not corrected or is repeated. e) Require the Municipality to suspend, discontinue or not incur costs for CD Project(s). Condition the Municipality's allocation of Communit), Development funds in the succeeding year. g) Reduce the Municipality's alIocatiun of Community Development funds in the current year by 100 percent of the total balance of unexpended funds, from all program years, which exceed 1.5 times the Municipality's most recent annual Community Development allocation. 6. County-Municipality Relationship: The relationship of the Municipality to the County shall be governed as expressly provided for in the Suffolk Count), Cooperation Agreement and this Agreement. 7. Citizen Participation: The Municipality agrees to provide citizens with adequate information concerning the amount of funds available for proposed Community Development projects, the range of eligible activities, and other important program requirements. The Municipality also agrees to provide citizens with adequate opportunities to articulate needs, express preferences about proposed activities, assist in the selection of priorities, and otherwise assist and participate in the development of the Housing and Community Development Program. Pursuant to this requirement, each Municipality shall hold at least one public hearing during the annual application preparation period, prior to the submission to HUD. The County shall also hold at least one pre-submission public hearing. 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) which provides that no Federal officer or agency shall approve any financial assistance for acquisition or construction purposes (as defined under Section 3(a) of said Act (42 U.S.C. 400(a)), one year after a community has been formally notified of its identification as a community containing an area of special flood hazard, for use in any area that has been identified by the Director of the Federal Emergency Management Agency as an area having special flood hazards unless the community in which such area is situated is then participating in the National Insurance Program. Notwithstanding the date of HUD approval of the recipient's submission of the grantee's annual action plan, funds provided under th~s part shall not be (3/05) Page * ' ['aw No. IFMS No. Rev. 3/24,'05 Community Development Block Grant Agreement expended for acquisition or construction purposes in an area that has been identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards unless the community in which the area is situated is participating in the National Flood Insurance Program in accordance with 44 CFR Parts 59-79, or less than a year has passed since FEMA notification to the community regarding such hazards; and flood insurance is obtained in accordance with Section 102(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001). Any contract or agreement for the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement shall contain, if such land is located in an area identified by the Federal Government as having special flood hazards and in which the sale of flood insurance has been made available under the Flood Insurance Act of 1968, as amended, 42 USC 4001, et. seq., provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or consm.~ction purposes under Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be required, notwithstanding the fact that the construction on such land is not itself funded xvith assistance provided under this Agreement. 9. Equal Employment Opportunity and Affirmative Action: a) Equal Opportunity: In carrying out the Community Development Program, the Municipality shall ensure that no person, on thc grounds of race, color, creed, ancestry, disability or other handicap, age, marital/familial status, rnilitaE,, sta~s, national origin, sexual orientation, religion or sex be excluded from participation in, be denied thc benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with Community Development Block Grant funds. The Municipality shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to thei~ race, color, creed, ancestry, disability or other handicap, marital/familial status, military stat~s, religion, sex, sexual oriemation, age or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or terrainafion; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Municipality shall post in conspicuous places, available to employees and applicants to employment, notices to be provided by the Federal Government setting forth the provisions of this non-discrimination clause. Thc Municipality shall state that all qualified applicants will receive consideration for employment withunt regard to race, color, (3/05) Page s Law No. IFMS No. Rev. 3/24/05 Community Development Block Grant Agreement religion, sex, sexual orientation, age, creed, ancestry, disability or other handicap, marital/familial status, military status, or national origin. The Municipality shall incorporate the foregoing requirements of this Subparagraph a in all of its contracts for program work, except contracts governed by Subparagraph b of tiffs Paragraph, and will requi~e all of its contractors for such work to incorporate such requirements in all subcontracts for program work. The Municipality shall have its o~vn Affirmative Action Plan which meets Federal requirements on file with the County Community Development Office and approved by HUD or be botmd by a Consortium-wide Afftrmative Action Plan developed by the County and applicable to locaI personnel funded with Community Development Block Grant funds. The County Community Development Director shall be designated as the Consortium's Affirmative Action Officer. Separate Community Development Agencies, will be required to develop and implement their own Affirmative Action Plan, unless such a plan has already been developed and approved by HUD. The Agency's Plan must be submitted to the U.S. Department of Housing and Urban Development for its review and approval. If the Plan is not acceptable to the County or HUD, the Community Development Agency will be required to submit a revised Plan(s), until approved by HUD. All employees of the Municipality paid with CDBG funds must meet all New York State Civil Service Requirements for employment; however, this provision shall not apply to any Community Development Agency or its employees. b) Contracts Subject to Executive Order 11246, as amended, shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130 applicable to HUD-assisted construction contracts. The Municipality shall cause or require to be inserted in full in any non-exempt contract and subcontract for construction work, or modification thereof, as defined in said regulations, which is paid for in whole or part with assistance provided under this Agreement, the following equal opportunity clause: During the performance of this contract, the Municipality agrees as follows: 1. The Mun/cipality will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, creed, ancestry, disability or other handicap or marital/familial status or national origin. The Municipality will take affirmative action to ensure that applicants are employed, and the employees are treated during emplo~xnent, flee from such discrimination. Such action shall include, but not be limited to, the folhiwing: employment, upgrading, demotion or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Municipality agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this non-discrimination clause. 2. The Municipality will, in all solicitations for advertisements for employees placed by or on behalf of the Municipality, state that all qualified applicants will receive consideration for emplo)xnent v~Sthout regard (3/05) Page ~ Law No. IFMS No. Rev. 3/24/05 Community Development Block Grant Agreement to race, color, religion, sex, age, creed, ancestxy, disability or other handicap or marital/familial status or national origin. The Municipality will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the contract Compliance Officer advising the said labor union or workers representatives of the Municipality's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The MUmcipality will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the roles, regulations, and relevant orders of the Secretary of Labor. The Municipality will furnish all information and reports required by Executive Order 1 I246 of September 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 Development, or pursuant thereto, and will permit access to his books, records and accounts by the Federal Government and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. In the event of the Municipality's non-compliance with the non discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the Municipality may be declared ineligible for further Government contracts or Federally assisted construction contract procedures authorized in Executive Order 11246 or September 24, 1965, or by role, regulation, or order of the Secretary of Labor, or as otherwise provided by law. The Municipality will include the portion of the sentence immediately preceding Paragraph 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issues pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Municipality will take such action with respect to any subcontract or purchase order as the Federal Government may direct as a means of enforcing such provisions, including sanctions for non-compliance; providing, however, that in the event a Municipality becomes involved in, or is threatened with, litigation with a sub-contractor or vendor as a "result of such direction of the Federal government, the Municipality may request the United States to enter into such litigation to protect the interest of the United States." The Municipality fi.~rther agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally-assisted construction work; provided, however, that if the Municipality so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Municipality agrees that it will assist and cooperate actively with the Federal Government and the Secretary of Labor in obtaining the compliance of contractor's and subcontractors with the equal opportunity clause and the rules, regulation, and relevant orders of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such information as they may require for the supervision of such compliance and that it will otherwise assist the Federal Government in the discharge of its primary responsibility for securing compliance. The Municipality fi~rther agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 with a contractor debarred from, or who has not demonstrated eligibility for, Government (3/05) Page ~o ,Law No. Il:MS No. Rev. 3/24/05 Con-tmunity Development Block Grant Agreement contracts and Federally-assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause by any Government Municipalit3, in accordance with procedures established by the Secretary of Labor pursuant to Part II, Subpart D, of the Executive Order. In addition, the Municipality agrees that if it fails or refuses to comply with these undertakings, the Federal Government may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant or loan guarantees; refrain from extending any further assistance to the Municipality under the program with respect to which the failure or refusal occurred until the satisfactory assurance of future compliance has been received from such Municipality, and refer the case to the Department of Justice for appropriate legal proceedings. c) Section 3 of the Housing and Urban Development Act The Municipality shall comply with Section 3 of the Housing and Urban Development Act of 1968 as same may be amended from time to time. In planning and carrying out Community Development projects, the Municipality shalI ensure, to the greatest extent feasible, that opportunities for training and employment be given to lower income persons residing within the boundaries of the County consortium and that contracts for work on Community Development projects be awarded to eligible business concerns which are located in or owned in substantial part by persons residing within the boundaries of the Consortium. The Municipality shall cause or require to be inserted in full, in all contracts and subcontracts for work financed in whole or in part with assistance provided under this Agreement, the Section 3 clause set forth in 24 CFR 135.20(b). The Mumcipality shall provide such copies of 24 CFR Part 135 as may be necessary for the infoimation of parties to contracts required to contain the Section 3 clause. d) Minority Business and Women's Business Enterprise The Municipality must comply with Executive Orders 11625 and 12432 and at a maximum make good faith efforts to encourage the use of n'dnority and women's business enterprise in connection with Community Development funded activities. The Municipality, to the maximum extent possible, shall ensure the inclusion of minorities and women, and entities ox~med by minorities and women, including, without limitation, real estate firms, construction finns, appraisal firms, management firms, financial institutions, investment banking firms, underwriters, accountants, and providers o£ legal services, in all contracts entered into with such persons or entities, public and private, in order to facilitate the activities o£ the Community Development Program. (3/05) Page ~ Law No. Rev. 3/24/05 Community Development Block Grant Agreement IFMS No. 10. Non-Discrimination Under Title VI of the Civil Rights Act of 1964 and Title VIII of the Civil Rights of 1968: This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto including the regulations under 24 CFR Part I. No person ~n the United States shall, on the grounds of race, color, religion, sex, sexual orientation, age, creed, ancestry, disability or other handicap or marital~ familial status, military status or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal £mancial assistance. This Agreement is also subject to the requirements of Title VIII of the Civil Rights Act of 1968, known as the "Fair Housing Act", which provides that it is the policy of the United States to provide, within constitutional limitations, fair housing throughout the United States, and prohibits any person from discriminating in the sale or rental of hunsthg, the financing of housing, or the provision of brokerage sexwices, thcluding in any way making unavailable or denying a dwelling to any person, because of race, color, religion, sex, sexual orientation, age, creed, ancestry, disability or other handicap or marital/familial stares, military status or national origin. The Municipality is required to administer all programs and activities related to housing and community development in a manner to aff'mnatively further fair housing. In addition, the Municipality must make Community Development funds available in accordance with the Fair Housing Act, Executive Order 11063, as amended by Executive Order 12259 (Equal Opportunity in Housing), Title VI of the Civil Rights Act of 1964, the Age Discrimmafion Act of 1975, the Americans With Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, and the requirements of Executive Order 11246 (Equal Employment Opportunity), as amended by Executive Orders 11375 and 12086. 11. Lead Based Paint Hazards: The construction or rehabilitation of residential structures with assistance provided under this Agreement is subject to the requirements of 24 CFR Part 35, subparts A, B and R and subparts C through M when applicable. Any rehabilitation or acquisition of residential structures by the Municipality with assistance provided under this Agreement shall be made subject to Lead-Based Paint Poisoning Prevention, and the Municipality shall be responsible for notifications, certified hazard evaluations, certified hazard reduction, certified safe consWaction work places, certified clearances and record keeping. (3/05) Page · Law No. Rev. 3/24/05 Conmaunity Development Block Grant Agreement IFMS No. 12. Fire Prevention and Control Act: Housing assistance provided in the form of a grant, contract, loan guarantee, cooperative agreement, interest subsidy, interest or direct appropriation under this Agreement is subject [o the provisions of the Fire Administration Authorization Act of 1992 (Pub. L. 102-522). The Municipality shall be required m comply with applicable fire protection and safety standards. 13. Federal Labor Standards Provisions: Except with respect to the rehabilitation of residential property designed for residential use for less than eight (8) families, the Municipality and all Municipalities engaged under contracts in excess of Two Thousand ($2000.00) Dollars for the construction, prosecution, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement, shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the Davis-Bacon Act as amended (40 U.S.C. 276a to 276a -5), governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided, that if the wage rates imposed by State or local law are higher than those required under such regulation, nothing hereunder is intended to relieve the Municipality of its obligation, if any, to require payment of the higher rates. The Municipality shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR Sees 5.0-5.32 and in such contracts in excess of Ten Thousand Dollars ($ I 0,000), 29CFR Sees. 5.0-5.32 and 3.1-3.11. No award of the contracts covered under this Paragraph 12 of this Agreement shall be made to any Municipality who is at the time ineligible under the provisions of any applicable regulations of the Federal, State or local governments. 14. Compliance With Air and Water Acts: This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857, et. seq.; the Federal Water Pollution Control Act, as amended, 33 USC 1251, et. seq.; and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR 15, as may be amended from time to time. In compliance with said regulations, the Municipality shall cause or require to be inserted in full in all contracts and subcontracts with respect to any non-exempt transaction thereunder funded with assistance provided under this Agreement, the following requirements: (3/05) Page Law No. IFMS No. Rex,. 3/24/05 Community Development Block Grant Agreement a) A stipulation by the contractor or subcontractors that any facility to be utilized in the performance of any non-exempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. b) Agreements by the Municipality to comply with all their requirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended (33 USC 1318), relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. c) A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. d) Agreement by the Municipality that he will include or cause to be included the criteria and requirements in subparagraphs a through d of this Paragraph in every non-exempt subcontract and requiring that the Municipality will take such action as the Federal Government may direct as a means of enforcing such provisions. In no event shall any amount of the assistance provided under this Agreement be utilized with respect to a facility which has given rise to a conviction under Section 113(c)(l) of the Clean Air Act or Section 209(c) of the Federal Water Pollution Control Act. 15. Relocation Assistance and Acquisition of Real Property: The Municipality shall provide fair and reasonable relocation payments and assistance in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 a~ amended and the government-wide URA regulations at 49 CFR Part 24, to or for families, individuals, partnerships, corporation, or associations displaced as a result of any acquisition of real property for an activity assisted under the program. The Municipality shall inform potential displaced persons of the benefits, policies and procedures provided for under HUD regulations. (3/05) Page L~v,, No. IFMS No. Rev. 3/24/05 Community Development Block Grunt Agreement The Municipality shall carry out the relocation process in such a manner as to provide such displaced persons with uniform and consistent sen, ices, including any services required to insure that the relocation process does not result in different or separate treatment 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 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended and the goverrunent-wide URA regulations at 49 CFR Part 24. 16. Consolidated Plan: The Municipality, as pan5' to the Community Development Program, and as a participant in the Suffolk County Consortium, acknowledges that it is contractually and otherwise legally bound per prior resolution of its governing body to use its best efforts to ensure the carrying out of the goals of the Consolidated Plan approved by HUD. The Municipality shall also be contxacmally and legally bound to use its best efforts to ensure the carrying out of the Consolidated Plan which is currently in effect. 17. Displacement: This Agreement is subject to the requirements of Section 104(d) of the ACT which requires the implementation of a policy to minimize the displacement of persons fi.om their homes and neighborhoods and to mitigate adverse effects of such displacement on low and moderate income persons. In accordance, the Municipality shall follow the Suffolk County Community Development Consortium Policy and Procedures on Displacement when implementing CD Projects. 18. Obligations of Municipality With Respect to Certain Third-Party Relationships: The Municipality shall remain fi~lly obligated under the provisions of this Agreement, notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program for which assistance is being provided under this Agreement to the Municipality. The Municipality shall comply with all lawful requirements applicable to the County as the applicant under the Housing and Community Development Act of 1974, as amended. Any contract between the Municipality and a third-pat~y subrecipient shall be in compliance with all applicable Federal, state, and Iocal laws, rules and regulations and shall include the folhiwing provisions in a wri'aen agreement: a) A description of each task to be undertaken by the subrecipient, a schedule for completing each task and a budget for each task. (3/05) Page haw No. Rev. 3/24/05 Community Development Block Grant Agreement b) c) d) e) IFMS No. Specification of records, reports and data to be maintained or submitted. Designation of whether program income is to be returned to the Municipality or retained by the subrecipient. Where the subrecipient is to retain the program income, the specific activities to be undertaken with the program income shall be indicated, and all the provisions of the Agreement shall apply to the activities undertaken. Ail program income shall be substantially disbursed for agreed-upon activities before the Municipality shall request additional cash withdrawals for the same activities. Requirement of compliance with applicable OMB Circulars. Compliance with the following Federal law and regulations: l) Public Law 88-352 the Civil Rights Act of 1964 and Public Law 90-284 known as the Fair Housing Act. 2) Section 109 of the Act requiring that no person be excluded from participation or denied benefits, or be subjected to discrimination on the grounds of race, color, national origin, sex, creed, ancestry, disability or other handicap or maritaVfamiliar status. 3) Section 110 of the Act regarding labor standards for contractor or subcontractors performing construction work. 4) Section 202(a) of the Flood Disaster Protection Act of 1973. 5) Executive Order 11246 which prohibits discrimination in employment and Section 3 of the Housing and Urban Development Act of 1968 regarding the provision of employment to low income persons residing within the boundaries of the Consortium. 6) 42 U.S.C. 3535(d) 4821 and 4851 of the Lead-Base Paint Poisoning Prevention Act. 7) 24 CFR Part 24 prohibiting the use of debarred, suspended or ineligible Municipality or subrecipients. 8) 24 CFR Part 570.511 regulations prohibiting persons receiving benefits who have a conflict of interest. 9) 24 CFR Part 570.2000) which prescribes the use of CDBG funds by religious organizations. Indication that the Agreement may be terminated for default, inability, or failure to perform. (3/05) Page haw No. IFMS No. Rev. 3/24/05 Community Development Block Grant Agreement g) Requtrement that any CDBG funds on hand or accounts receivable at the time ofterrinnatinn shall be returned to the Municipality. h) Provision to ensure that any real property under the subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 is either: 1) Used to meet one of the national objectives for at least five year after expiration of the Agreement, or such longer period of time as determined appropriate by the County; or 2) 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-CDBG funds for acquisition of, or improvement to, the property,. i) Provision to ensure that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the subrecipient, 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 grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, gram, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the subrecipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", hi accordance with its instructions. 19. Conflict of Interest: (3/05) Pa~3e xv La~v No. IFMS No. Rev. 3/24/05 Community Development Block Grant Agreement a) Interest of Certath Federal Officials: No member of or Delegate to the Congress of the United States and no Resident Commissioner shall be admii~ed to any share or part of this Agreement or to any benefit to arise from the same. b) Interest of Local Public Officials: No member, officer or employee of the Municipality or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. The Municipality shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provisinn prohibiting such interest pursuant to the purposes of this paragraph. c) Prohibition Against Payments of Bonus or Comrmssion: The assistance provided under this Agreement shall not be used in the payment of any bonus or comrmssion for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval of applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Coramunity Development Act, or HUD regulations with respect thereto; provided, however, that reasonable fees for bona fide technical, consultant, managerial or other such services itemized on the basis of time and materials other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. 20. Books and Records of Accounting: The Municipality agrees that it shall keep and maintain separate books of account and records concerning all costs incurred in the performance of this Agreement, and that it shall have available for audit and inspection by the County or by authorized representatives of HUD, all the Municipality's facilities, books and other financial and statistical data, whether related to the CD Project(s) or otherwise. The Municipality agrees to maintain or submit to the County, as individually required, the following data or documents, or information to complete the following documents: · Project Description Forms · Environmental Survey · Demographic Survey · Budget Modifications · HUD/EEO-4 Employment Data Form (3/05) Page ~8 l~aw No. Rev. 3/24/05 Community Development Block Grant Agreement · Minority Business Enterprise Report · Other data as may be required by HUD IFMS No. 21. Program Income: The County shall assign program income generated by the Municipality for the purpose of carrying out eligible Community Development activities. All provisions oft}tis Agreement shall apply to the use of program income assigned to the Municipality by the County. The Municipality shall inform the County of all income generated by the expenditure of Community Development funds received by the Municipality and to substantially disburse assigned program income for eligible Community Development Activities before additional cash withdrawals are made by the County from the U.S. Treasury for the same activity. The County will requfi-e at the end of the program year, the remittance by the Municipality of all or part of any program income balances (including investments thereof) held by the Municipality (except those needed for immediate cash needs, cash balances ora revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for Section 108 security needs). If a Municipality withdraws from the Suffolk County Consortium prior to the expiration of the Cooperation Agreement between the Municipality and the County, all program income received and not expended in accordance with this Agreement shall be due and payable to the County. 22. Real Property: Real property acquired or improved in whole or in part using Community Development funds that is within the control of the Municipality shall require the following actions: a) The timely notification of the County by the Municipality of any modification or change in the use of the real property from that planned at the time of acquisition or improvement including disposition; b) Reimbursement of the County in an amount equal to the current fair market value (less any portion thereof am'ibutable to expenditures of non-Community Development funds) of property acquired or improved with Community Development funds that is sold or transferred for a use which does not qualify under the Community Development regulations; and, c) Return of program income to the County generated from the disposition or transfer of property prior to or subsequent to the close-out, change of status or termination of the Cooperation Agreement between the County and the Municipality. (3/05) Page ~9 Law No. Rev. 3/24/05 Community Development Block Grant Agreement IFMS No. 23. Reversion of Assets: Any real property under the Municipality's control that was acquired or improved in whole or in part with Community Development funds in excess of $25,000 shall be either: a) Used to meet one of the national objectives in 24 CFR Part 570 until five (5) years after expiration of this Agreement or termination of the Cooperation Agreement, or such longer period of time as determined appropriate by the County; or b) Disposed of in a manner which results in the Count)' being reimbursed in the amount of the current fair market value of the property less any portion thereof attributable to expenditures of non-Corranunity Development funds for acquisition of, or improvement to, the property. 24. Equipment - Vesting of Title: Title to all the materials, appliances, and tools, purchased with funds provided under this Agreement, shall vest in the Municipality and shall be used and disposed of in accordance with 24 CFR Part 85.32 & 85.33. 25. Financial Statements and Audit Requirements: a) Notxvithstanding any other reporting or certification requirements of Federal, State or local authorities, the Municipality shall obtain the services of an independent licensed public accountant or certified public accountant (the "Auditor") to audit its financial statements for each Municipality fiscal year in which the Municipality has received, or will receive, $300,000 or more from the County, whether under this Agreement or otherwise, and shall submit a report on the overall financial condition and operations of the Municipality, including a balance sheet and statement of income and expenses, attested by the Auditor as fairly and accurately reflecting the accounting records of the Municipality in accord- ance with generally accepted accounting principles. The Municipality is encouraged to solicit requests for proposals (RFPs) from a number of qualified accounting firms and to reviexv carefully the costs of, and qualifications for, this type of work before selecting the Auditor. b) The Auditor should be required to meet the following minimum requirements: i. a current license issued by the New York State Education Department; ii. sufficient auditing experience in the nonprofit, governmental or profit-making areas, as applicable; and (3/05) Page 20 L~w No. 1FMS No. Rev. 3/24/05 Community Development Block Grant Agreement iii. a satisfactory peer review issued within not more than three years prior to the date when the Auditor was selected to conduct the audit. c) The audit must be conducted in accordance with generally accepted governmental auditing standards (GAGAS). Financial statements must clearly differentiate between County-funded programs and other programs that the Municipality may be operating. The use of subsidiary schedules should be encouraged for this purpose. The Auditor must also prepare a management letter based on the audit. d) Furthermore, if the Municipality is a non-profit organization or unit of local government and expends 5500,000 or more of Federal monies, whether as a recipient expending awards received directly from Federal awarding agencies, or as a subrecipient expending Federal awards received from a pass-through entity, such as New York State or Suffolk County, during any fiscal period within which it receives funding under this Agreement ("fiscal year"), the audit must be conducted, and the audit report ("Single Audit Report") must be, in accordance with OMB Circular No. A-133 {revised June 27, 2003). Single Audit Reports must also be submitted to the designated clearinghouse, cognizant agency and/or pass-through entity, to the extent required by the OMB Circular just referred to. e) The MunicipaliW must submit a statement in writing, certified by its chief fmancial officer, which states the amount of Fedaral funding expended by the Municipality during such fiscal year. The Municipality must mail or deliver the certified statement to the Department and to Executive Director of Auditing Services, Suffolk County Department of Audit and Control, H. Lee Dennison Building, 100 Veterans Memorial Highway, P. O. Box 6100, Hauppauge, New York 11788-0099, as soon as possible after the end of the Municipality's fiscal year. The statement should include ALL Federal funding received directly from the Federal government and ALL Federal funds passed through from the County and other pass-through entities. f) Copies of all f'mancial statements, management letters, Single Audit Reports (if applicable) and other audit reports, if required, must be transmitted to the Department and to the Executive Director of Auditing Services at the address just set forth. The reports must be submitted within thirty (30) days after completion of the audit, but in no event later than nine (9) months after the end of the Municipality's fiscal period to which the audit relates. g) These requirements do not preclude the Department or the Suffolk County Comptroller or their authorized representatives or Federal or State auditors from auditing the records of the Municipality. Therefore, the records of the Municipality must be made available to authorized representatives of Federal, State or County government for that purpose. (3/05) Page Law No. IFMS No. Rev. 3/24/05 Coramunity Development Block Grant Agreement h) The iVfunicipality agrees that it will comply with the applicable provisions of Federal Office Management and Budget Circulars A-87, A-110, A-128 and A-122, and 24 CFR Part 85. i) The provisions of the foregoing subparagraphs (a) through (i) of this paragraph shall survive the expiration or termination of this Agreement. 26. Use of Federal Funds for Lobbying: No Federal appropriated funds have been paid or will be paid, by or on behalf of the Municipality, 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 grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or at~empting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee ora Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Monicipality shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The Municipality shall require that the language of this certification be included in the award for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose same accordingly. 27. Political Activities: The Municipality shall be governed by the provisions of the Hatch Act (5 USC 1501, et. seq.) regarding employees' political participation. 28. Constitutional Prohibition: In accordance with First Amendment Church and State Principles, the Municipality shall comply with 24 CFR 570.200(j) of the federal regulations regarding the use of Community Development funds by religious organizafions. 29. Indemnification: (3/05) Page L~w No. [FIvlS No. Rev. 3/24/05 Community Development Block Grant Agreement a) The Municipality agrees to render diligently to the County any and all cooperation, without additional compensation, that may be required to legally defend the County against any claim, demand or action that may be brought against the County in connection with this Agreement. b) Municipality agrees that it shall protect, indemnify and hold harmless the County and its officers, officials, members, employees, agents and invitees (the "County Indemnified Parties") from and against all liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, costs, expenses, suits or actions and costs, including reasonable attorneys' fees, and shall defend the County in an3' suit, including appeals, or at the County's option, pay reasonable attorney's fees for defense of any such suit arising out of the acts or omissions or negligence of the Municipality, its agents, employees or subcontractors in connection with the services described or referred to in this Agreement. 30. Assignment or Subcontracting: The Municipality shall not assign, transfer, convey, subcontract or otherwise dispose of this Agreement, or any of its right, title or interest therein, or its power to execute this Agreement, or assign all or any portion of the monies that may be due or become due to the Municipality under the terms of this Agreement. to any other person or corporation, without the prior consent in writing of the County, and any ai~empt to do any of the foregoing without such consent shall be of no effect. 31. Entire Agreement: It is expressly agreed that this instrument represents the entire Agreement of the parties and that all previous understandings are merged in this Agreement. 32. No Oral Changes: No modification of this Agreement shall be valid unless written in the form of an Addendum or Amendment signed by both parties. 33. Severability, No Implied Waiver: a) It is expressly agreed that if any term or provision of this Agreement, or the application thereof to any person or circumstance, shall be held invalid or unenforceable to any extent, the remainder of this Agreement, or the (3/05) Page 23 Law No. IFMS No. Rev. 3/24/05 Community Development Block Grant Agreement application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and every other term and provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. b) No waiver shall be inferred from any failure or forbearance of the County to enforce any provision of this Agreement in any particular instance or instances, but the same shall otherwise remain in full force and effect notxvithstanding any such faihim or forbearance. 34. Independent Contractor: It is further agreed that Municipality's status under this Agreement shall be that of an independent Contractor. Neither the Municipality nor any person hired by the Municipality shall be considered an employee of the County for any purpose whatsoever. 35. Offset of Arrears or Default: The Municipality warrants that it is not, and shall not be during the term of this Agreement, in arrears to the County for taxes or upon debt or contract and is not, and shall not be during the term of this Agreement, in default as surety, Municipality or otherwise on any obligation to the County, and the Municipality agrees that the County may witkhold the amount of any such arrearage or default from amounts payable to the Municipality under this Agreement. 36. Payments Contingent upon Federal Funding: Payments under this Agreement are subject to and contingent upon continued funding by HUD. If, for any reason, the amount of such funding to the County for the Community Development Block Grant Program is reduced or not made available to the County, this Agreement may be terminated in whole or in part, or the amount payable to thc Municipality may be reduced, at the discretion of the County; provided that any such termination or reduction shall not apply to allowable costs incurred by the Municipality prior to such termination or reduction to the extent that such funding is available to the Count' for payment of such costs; and provided, further, that the County shall give thc Municipality less than 30 days' prior wriaen notice of such termination or reduction of funding. 37. Confidentiality: a) The Municipali~ expressly agrees to preserve the confidentiality of all data and information shared, (3/05) Page 24 Law No. IFMS No. Rev. 3/24/05 Community Development Block Grant Agreement received, collected, or obtained as a result of this Agreement. No disclosure, redisclqsure or release of such data or information is to be made, permitted, or encouraged by the Municipality or its officers or employees, except as expressly authorized by law. It is fu~her understood and agreed that no such data or information is to be used for personal benefit. The Municipality further agrees that its employees shall be specifically instructed in regard to their obligation to keep such data and infoimation in confidence and their liability upon breach of confidentiality to all the penalties prescribed by law. b) The Mtmicipality further agrees to implement such procedures for safeguarding information, as the County shall require. The Municipality further agrees to indemnify and hold the County and the Depamnent harmless against any loss, damage, cost or expense arising out of any suit, claim or demand which may be brought or made against the County or the Department by reason of a breach of these provisions. c) In addition, the Municipality agrees to maintain the confidentiality of all information in conformity with the provision of applicable local, State and Federal laws and regulations. 38. Publications: The Municipality shall not issue or publish any book, article, announcement, report, manual, film, audio or video or computer tape, disk or program, or other publication, relating to the subject program without prior written perrmssion from the County. Any such publication shall bear a statement acknowledging the cooperation and/or funding by the County of Suffolk. 39. Copyrights: If the work of the Municipality under this Agreement should result in the production of original books, manuals, films, audio or video or computer tapes, disks or programs, or other materials, for which a copyright may be granted, the Municipality may secure copyright protection. However, the County resep,'es, and the Municipality hereby gives to the County, and to any other municipality or government agency or body designated by the County, a royalty-free nonexclusive license to produce, reproduce, publish, translate or otherwise use any such materials. 40. Patents: If the Municipality under this Agreement makes any discovery or invention in the course of or as a result of work performed under this Agreement, the Municipality may apply for and secure for itself patent protection. However, the County reserves, and the Municipality hereby gives to the County., and to any other municipality or government agency or (3/05) Page 2s I~aw No. IFMS No. Rev. 3/24/05 Commurdty Development Block Grant Agreement body designated by the County, a royalty-free, nonexclusive license to produce or otherwise use any item so discovered or patented. 41. Agreement Subject To Appropriation of Funds: This Agreemem is subject to the amount of funds appropriated and any subsequent modifications thereof by the Suffolk Count3,' Legislature, and no liability shall be incurred by thc County under this Agreement beyond the amount of funds appropriated by the Legislature for the program covered by this Agreement. 42. a) The Municipality agrees to procure, pay the entire premium for, and maintain throughout the term of this Agreement, insurance in amounts and types specified by the County. Unless otherwise specified by the County and agreed to by the Municipality, in wxiting, such insurance will be as follows: Commercial General Liability insurance, including contractual liability coverage, in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence for bodily injury and Two Million Dollars ($2,000,000.00) per occurrence for property damage. ii. Professional Liability insurance in an amount not less than Two MiIlion Dollars ($2,000,000.00) on either a per occurrence or claims made coverage basis. iii. Automobile Liability Insurance (if any vehicles are used by the Municipality in the performance of this Agreement) in an amount not less than Five Hundred Thousand Dollars ($500,000.00) per person, per accident for bodily injury and not less than One Hundred Thousand ($100,000) for property damage per occurrence; and iv, Worker's Compensation and Employer's Liability insurance in compliance with all applicable New York State laws and regulations and Disability Benefits insurance, if required by law. Municipality shall fitmish to the County, prior to its execution of this Agreement, the documentation required by the State of New York Workers' Compensation Board of coverage or exemption from coverage pursuant to §§ 57 and 220 of the Workers' Compensation Law. In accordance with General Municipal Law § I08, this Agreement shall be void and of no effect unless the Municipality shall provide and maintain coverage during the term of this Agreement for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. b) All policies providing such coverage shall be issued by insurance companies with an A.M. Best rating of A- or better. c) The Municipality shall famish to the County Declaration Pages for each such policy of insurance, and, upon request, a true and certified original copy of each such policy, evidencing compliance with the aforesaid (3/05) Page 2s Law No. IFMS No. Rev. 3/24/05 Community. Development Block Grant Agreement insurance requirements. In the case of commercial general liability insurance, the County of Suffolk shall be named as an additional insured and Municipality shall furnish a Declaration Page and endorsement page evidencing the County's stares as an additional insured on said policy. d) All such Declaration Pages, certificates, and other evidence of insurance shall provide for the County of Suffolk to be notified in writing thirty (30) days prior to any cancellation, nourenewal, or material change in said policies. Such Declaration Pages, certificates, policies, and other evidence of insurance and notices shall be mailed to the Department at its address set forth in the paragraph entitled "Notices and Contact Persons," or at such other address of which the County shall have given the Municipality notice in writing. e) In the event the Municipality shall fail to provide the Declaration Pages or certificates of insurance or to maintain any insurance required by this Agreement, the County may, but shall not be required to, obtain such policies and deduct the cost thereof from payments due to the Municipality under this Agreement or any other agreement belween the County and the Municipality. If the Municipality is a town or other municipal corporation and has a self~insurance program under which it acts as a self-insurer for any of such required coverage, it may provide self-funded coverage and certificates or other evidence of such self-insurance in lieu of insurance issued by insurance companies. 43. Public Disclosure Statement: The Municipality represents and warrants that it has filed with the Comptroller of Suffolk County the verified public disclosure statement required by Suffolk County Adnfinistrative Code Section A5-7 and shall file an update of such statement with the said Comptroller on or before the 31st day of January in each year of this Agreement's duration. The Municipality acknoxvledges that such filing is a material, contractual and statutory duty and that the failure to file such statement shall constitute a material breach of this Agreement, for which the County shall be entitled, upon a determination that such breach has occurred, to damages, in addition to all other remedies, of fifteen percent (15%) of the amount of the Agreement. (3/05) Page Law No. Rev. 3/24/05 Community Development Block Grant Agreement 44. Termination: IFMS No. Term This Agreement shall cover the period provided on the first page thereof, unless sooner terminated as provided below. bo Termination by County in the Public Interest Notwithstanding anything herein to the contrary, in the event that the ConUmssioner of the Department (hereinafter, the "Commissioner), or his/her designee, determines, in his/her sole discretion, that termination is in the best interests of the County, the County reserves the right to terminate this Agreement for any reason at any time. Such termination shall occur upon thirty (30) days notice of intent to terminate to the Municipality. Municipality shall have an oppormmty for consultation with the commassioner prior to termination. Termination for Cause i. If the Municipality fails to fulfill in a timely and proper manner its obligations under this Agreement, or if the Municipality becomes bankrupt or insolvent or falsifies its records or reports, or misuses its funds from whatever source, the County may terminate this Agreement in whole or with respect to any identifiable part of the program, effective immediately, or, at its option, effechve at a later date specified in the notice of such termination to the Municipality. ii. iii. A failure to maintain the amount and types of insurance required by this Agreement may result in immediate termination of this Agreement, in the sole discretion of the Commissioner. No prior notice to cure and of intent to terminate shall be required. An emergency or other condition involving possible loss of life, threat to health and safety, destruction of property or other condition deemed to be dangerous, in the sole discretion of the cornrmssioner, may result in immediate termination of this Agreement, in whole or with respect to any identifiable part of the program, in the sole discretion of (3/05) Page Law No. IFMS No. Rev. 3/24/05 Community Development Block Grant Agreement the Comrmssioner. In such event, no prior notice to cure and ofiment to term/hate shall be required. Failure to comply with federal, State or local laws, roles, regulations, or County policies or directives, may result in immediate termination of this Agreement, at the sole discretion of the ComnUssioner. In such event, no prior notice to cure and of intent to terminate shall be required. A failure on the part of Municipality to observe any of the other terms and conditions of this Agreement on its part to be obser~'ed and performed, which failure persists after the expiration of twenty (20) days from the date the CorrmUssioner gives notice to cure and of intent to terminate to the Municipality shall be deemed a breach of contract; provided, however, that if the matter which is the subject of the notice is of such a nature that it cannot reasonably be corrected within twenty (20) days, then no breach of contract shall have been deemed to have occurred if Municipality, before the expiration of the twenty- day period, diligently commences and prosecutes the same to completion. Soliciting bids, in good faith, for performance of corrective work shall be deemed commencement of such work within the purview hereof. vi. The notice to cure and of intent to terminate shall call attention to the existence of the failure and particularize the claimed failure in reasonable detail. The notice shall also state the intended date of termination. vii. After a breach of contract has occurred, the Commissioner or his/her designee, in his/her sole discretion, may terminate the Agreement. The Commissioner shall give written notice of such termination and the Agreement shall expire as fully and completely as if that date were the date herein originally fixed for the expiration of the term. viii. Upon termination pursuant to the foregoing paragraph, Municipality acknowledges and agrees that it shall not be entitled nor shall it make a claim for lost profits or loss of anticipated earnings because of term/nation. (3/05) Pa~e 29 Law No. Rev. 3/24/05 Community Development Block Grant Agreement IFMS No, Notice of Termination i. Notice of termination must be in ~iting, signed by an authorized official, and sent to the other party by certified mail, or by messenger, and receipt shall be requested. Notice of termination shall be deemed delivered as of the date of its posting by certified mail or at the time it is delivered to the other party by messenger. ii. Upon due notice of termination and as may be requested by the Department, the Municipality shall provide the County with any information, records, or reports that are within the purview of this Agreement, subject to any applicable provisions of law or regulations. The Municipality shall also relinquish title and possession of any furniture, fixtures, equipment, materials or supplies as specified in this Agreement. eo iii. Upon receipt of a termination notice pursuant to the foregoing paragraph, the Municipality shall promptly discontinue all services affected unless otherwise directed by the notice of termination. Payments upon Termination i. The County shall be released from any and all responsibilities and obligations arising from the Program covered by this Agreement, effective as of thc date of termination, but the County shall be responsible for payment of all claims for services provided and costs incurred by the Municipality prior to tcrrmnation of the Agreement, that are pursuant to, and after the Municipality % compliance with, the terms and conditions of this Agreement. ii. Upon termination, the Municipality agrees to promptly reimburse to the County, by check payable to the Suffolk County Treasurer, the balance of any funds paid to the Municipality by the County. Upon termination, any funds paid to the Municipality by the County which were used by the Municipality in a manner that failed to comply with the terms and conditions of this Agreement must be promptly reimbursed. If there is no (3/05) Page 30 Law No. IFMS No. Rev. 3/24/05 Community Development Block Grant Agreement response or if satisfactory repayments are not made, the County may recoup such payments from any amounts due or becoming due to the Municipality from the County under this Agreement or otherwise. The provisions of this subparagraph shall survive the expiration or termination of the Agreement. Termination By Municipality The Municipality may terminate this Agreement by giving not less than sixty (60) days prior written notice (or thirty (30) days' written notice if substantial breach of contract is involved) to the Department, specifying the reasons for termination and the effective date of term/nation. 45. Choice of Law: This Agreement shall be governed by New York law without regard to its Conflict of Law provisions. In any action or proceeding, legal, administrative 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 Contact Persons: a) Any communication, notice, claim for payment, report or other subnfission necessary or required to be made by the parties regarding this Agreement shall be deemed to have been duly made upon receipt by the County or the Municipality or their designated representative at the following address or at such other address that may be specified in ~ritmg by the parties: (3/05) For the County: Suffolk County Office of Community Development H. Lee Dennison Building P.O. Box 6100 100 Veterans Highway Hauppauge, N.Y. 11788 Arm: Commun/ty Development Director as set forth on page one of this agreement and For the Municipality: At the address set forth on page one of this Agreement, attention of the person who executed this Agreement or such other designee as the parties may agree in ~xTiting. Page 3~ Law No. IFMS No. Rex'. 3/24/05 Community Development Block Grant Agreement b) Each party shall give prompt written 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) Any communication or notice regarding indemnification, termination or litigation shall be deemed to have been duly made upon receipt by the parties at the following addresses, or at such other addresses that may be specified in writing by the parties: For the County: Suffotk County Office of Community Development H. Lee Dennison Building P.O. Box 6100 100 Veterans Highway Hauppauge, N.Y. 11788 Arm: Community Development Director as set forth on page one of this agreement and And Suffolk County Attomey Suffolk County Department of Law H. Lee Dennison Building 100 Veterans Highway Hauppauge, N.Y. 11788 For the Municipality: At the address set forth on page one of this Agreement, attention of the person who executed this Agreement or such other designee as the parties may agree in writing. 47. Set-Off Rights The County shall have all of its common law, equitable, and statutory rights of set-off. These rights shall include, but not be limited to, the County's option to withhold, for the purposes of set-off, any moneys due to the Municipality under this contract up to any amounts due and owing to the County with regard to tiffs contract and'or any other contract with any County department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the Count)' for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The County shall exercise its set-offrights in accordance with normal County practices including, in cases of set-offpursuant to an audit, the finalization of such audit by the County agency, its representatives, or the County Comptroller, and only after legal consultation with the County Attorney. (3/05) Page Law No. IFMS No. Rev. 3~24~05 Community Development Block Grant Agreement 48. Certification The parties to this Agreement hereby certify that, other than the funds provided in this Agreement and other valid Agreements with the County, there is no known relationship within the third degree of consanguinity, life partner or business, commercial, economic, or financial relationship between the parties, the signatories to this Agreement, and any partners, members, directors, or shareholders of five percent (5%) (or more) of any party to this Agreement. 49. Gratuities The Municipality represents and warrants that it has not offered or given any gratuity to any official, employee or agent of Suffolk County or New York State or of any political party, with the purpose or intent of securing an agreement or securing favorable n-eatment with respect to the awarding or amending of an agreement or the making of any determinations with respect to the performance of an agreement, and that the signer of this Agreement has read and is familiar with the provisions of Local Law No. 32-1980 of Suffolk County (Chapter 386 of the Suffolk County Code). 50. Child Sexual Abuse Reporting Policy The Municipality has read and agrees to comply with Chapter 577, Article IV, of the Suffolk County Code, entitled "Child Sexual Abuse Reporting Policy" as now in effect or amended hereafter or of any other Suffolk County Local Law that may become applicable during the term of this Agreement with regard to child sexual abuse reporting policy. Suffolk County Local Laws, Rules and Regulations can be found on the Suffolk County web site at www.co.suffolk.ny.us Click on "Laws of Suffolk County" under "Suffolk County Links". 51. Civil Actions The Municipality represents that it shall not use any of the moneys received under this Agreement, either directly or indirectly, in connection with the prosecution of any civil action against the County of Suffolk or any of its programs, funded by the County, in part or in whole, in any jurisdiction or any judicial or administrative forum. (3/05) Page Law No. IFMS No. Rev. 3/24/05 Community Development Block Grant Agreement 52. Funding Identification: The Municipality shall keep the County apprised of any grants or sources of fundnig received for the Program as and may retain any such funding that results in enhancement of services and does not duplicate funding for the program covered by this Agreement. Iftha program covered by this Agreement is funded in whole or in part by other governmental agencies, it is agreed that the funding by the County under this Agreement shall be reduced or refi~nded to the County to the extent that such other funding duplicates funding for the program covered by this Agreement. 53. Effective Dates: This Agreement shall commence on the date of grant approval by HUD, and shall terminate (1) with the completion of all the afomraentioned CD Project(s), and (2) with acceptance by HUD ora final audit. -END OFTEXT- (3/05) Page EXHIBIT B PROJECT DESCRIPTION AND BUDGET CONDITIONAL APPROVALS OF USE OF FUNDS TOWN OF SOUTHOLD 2005 (YEAR 31) 1. Funds may be obligated or utilized for the payment of responsible administrative costs related to the planning and execution of projects listed below andother relataed activities specified under 24 CFR 58.34 as exempt from environmental review requirements, including eligible planning, design and enrironmental activities. However, a determination must be documented in writing 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 written authorization of HUD through a Release of Funds: PROJECT NUMBER PROJECT DESCRIPTION BUDGET 100301-14A-05 103602-05-05 104901-05L-05 105101-13-05 105501-03M-05 109901-21A-05 Home Improvement Program North Fork Housing Alliance Robert Perry Day Care Center First Time Buyers Program North Fork Early Learning Center Administration $60,500 $5.100 $7,500 $61.500 $7,500 $15,900 $158,000 Law No. Rev. 3/24/05 Community Development Block Grant Agreement IFMS No. EXHIBIT C Community Development Projects The projects attached hereto have been approved for the receipt of federal Community Development Block Grant assistance. Project expenditures are not to exceed budgeted amount as described in Exhibit C plus assigned program income unless approved by the County. (3/05) Page 0 o o 0 Z 3:0 O~ O~ cz. 0 0 8~oo o o c~ ~ E 0 0 0 Law No. IFMS No. Rev. 3/24/05 Community Development Block Grant Agreement Suffolk County Legislative Requirements Exhibit for Contracts; last rev. 12/16/03 Suffolk County Legislative Requirements Exhibit for Contracts, last rev. 5/12/04 Suffolk County Legislative Requirements Exhibit for Contracts This exhibit is attached to and is made part of the contract executed with the County. Gratuities · Chapter 386 ofthe Suffolk CountyCode, en~tled "Political Pa~ies, Gifis to OfficialsO£'(2 pages). II Municipality's/Vendor's Public Disclosure Statement Form SCEX 22; rev. 3/30/04 (form consists of three pages; requires signature & notarization) Note: The Municipality's/Vendor's Public Disclosure Statement Form SCEX 22; rev. 3/30/04, references the following laxv, which is included with this Exhibit. · Suffolk County Administrative Code Section A5-7 (consists of 3 pages). (3/05) Gratuities §386-1 GIFTS TO PARTY OFFICIALS §386-1 CHAPTER 386 POLITICAL PARTIES, GIFTS TO OFFICIALS OF § 386-1. § 386-2. § 386-3. § 386-4. § 386-5. Definitions. Prohibited acts. Clause required in all contracts. Penalties for offenses. Excepted contributions. [HISTORY: Adopted by the Suffolk County Legislature 12-9-80 as L.L. No. 32-1980. Amendments noted where applicable.] §386-1. Definitions. As used in this chapter, the fo[lowing terms shall have meanings indicated: AGREEMENT -Any written or oral contract or any implied contract, including but not limited to a contract for the sale of goods or services, a construction contract or a lease or contract relating to real or personal property. The term "agreement" shall also include any transaction whereby a person agrees to sell goods or services, or both, to the county pursuant to a successful bid. GRATUITY -Any money, benefit, entertainment, gift or any other consideration whatsoever. OFFICIAL OF A POLITICAL PARTY -A party officer as defined by §1-104, Subdivision 5, of the Election Law. PERSON -Any individual, partnership, firm, corporation or other legal entity, as well as their employees, agents or representatives. POLITICAL PARTY-A party as defined by § 1-104, Subdivision 3, of the Election Law. § 386-2. Prohibited acts. It shall be a crime for any person to offer or give any gratuity to an official of any political party with the purpose of intent of securing or obtaining an agreement with the County of Suffolk or securing favorable treatment with respect to the awarding or amending of such agreement or the making of any determination with respect to the performance of an agreement. Page 1 of 2 B. it shall be a crime for an official of a political party to solicit, receive or accept a gratuity in connection with securing or obtaining an agreement with the County of Suffolk or securing favorable treatment with respect to the awarding or amending of such agreement or the making of a determination with respect to the performance of such agreement. § 386-3. Clause required in all contracts. In all agreements with the County of Suffolk made after the effective date of this chapter, there shall be written representation by the person entering the agreement with the county that he has not offered or given any gratuity to any official, employee or agent of Suffolk County or New York State or of any political party, with the purpose or intent of securing an agreement or securing favorable treatment with respect to the awarding or amending of an agreement or the making of any determinations with respect to the performance of an agreement, and that such person has read and is familiar with the provisions of this chapter. § 386-4. Penalties for offenses. Criminal. A violation of §386-2 of this chapter shall be a Class A misdemeanor and shall be punishable by a sentence of not more than one (1)year in prison or a fine of not more than one thousand dollars ($1,000) or by both such fine and imprisonment. Civil remedies. A violation of § 386-2 or 386-3 of this chapter shall give the county the option, among other civil remedies, of either terminating the agreement or deducting the value of the gratuity from any amount due or to become due from the county thereunder. §386-5. Excepted contributions. This chapter shall not apply to contributions to political parties, committees or candidates as defined by § 14-100, Subdivision 9, of the Election Law. Such contributions shall be excluded from and shall not be in violation of this chapter. Page 2 of 2 Contractor's/Vendor's Public Disclosure Statement Documents Suffolk County Form 22 Contractor's/Vendor'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/vendor is exempt from completing paragraphs numbered 1 through 11 below, so indicate at paragraph number 12 below setting forth the reason for such exemption. Notwithstanding such exempt status, you must execute this form below before a notary public. 5.b Contractor's/Vendor's Name Address City and State Contracting Department's Name Address Zip Code 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 Suffolk County in excess of $1,0007 Yes No. Has contractoffvendor entered into three or more contracts, including the one for xvhich 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 identify any person in this table of organization who is also an officer or an employee of Suffolk County. (Attach additional sheet if necessa~,.) List all names and addresses of those indMdual shareholders holding more than five percent (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 Suffolk County?_ Yes No. If you answered yes to 8 above, you must submit with this disclosure statement, a complete financial statement listing all assets and liabilities as well as a profit and loss statement. These statements must be certified by a Certified Public Accountant. (Strike this out if not applicable.) The undersigned shall include this Contractor's/Vendor's Public Disclosure Statement with the contract. (Describe general nature of the contract.) Page 1 of 3 Public Disclosure Form 11. 12. Remedies. The failure 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 II of the Uniform Commercial Code of the State of Ne~v York. In addition to all legal remedies, Suffolk County shall be entitled, upon a determination that a breach has occurred, to damages equal to fifteen percent (15°,/0) of the amount of the contract. 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: 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 high'her own knowledge, true. Josh~~' y,'horton- Su_~ervisor. Town of Southold UNIFORM CERTIFICATE OF ACKNOWLEDGMENT (Within New York State) STATE OF NEW YORK) COUNTY OF ) ss.: On the d~/ day of YT)~ in the year2OOS before me, the undersigned, personally appeared Joshua Y. Horton personally 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 acknowledged to me that he/she/they executed the same in his/her/their capacity(les) and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (signature and office of indi4idual~a~:i-ng acknowledgement) LINDA J COOPER NOTARY PUBLIC, State of New York NO. 01CO4822563, Suffolk County, Term Expires December 31, ~0 ~Z' Page 2 of 3 Public Disclosure Form UNIFORM CERTIFICATE OF ACKNOWLEDGEMENT (Without New York State) STATE OF ) )SS.: COUNTY OF ) On the day of in the year 2004 before me, the undersigned, personally appeared personally knmvn 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 acknowledged to me that he/she/they executed the same in his/hefftheir capacity(les) and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual(s) made such appearance before the undersigned in (Insert the city or other political subdivision and the state or country or other place the acknowledgement was taken) (signature and office of individual taking acknowledgement) Contractor's/Vendor's Public Disclosure Statement Form (Rev. 3/04) Page 3 of 3 Public Disclosure Form C:,,DOCUt~lE-l~,JS.ad'qSE~l,,LOC.td.S~l~Temp\Suff. Co. Exhibit Pub. Disc. ForrnSOP 04.doc SUFFOLK COUNTY ADMINISTRATIVE CODE SECTION A5-7 § A5-7. Contractors and vendors required to submit full disclosure statement. [Derived from L,L. No. 14-1976, as amended 2-27-1979 by L.L. No, 6-1979] A. Definitions. As used in this section, the following terms shall have the meanings indicated: CONTRACT - Any written agreement between Suffolk County and a contractor or vendor to do or perform any kind of labor, service, purchase, construction or public work, unless the contract is for a federally or state- aided, in whole or in part, program required to be bid pursuant to § 103 of the New York General Municipal Law. [Amended 6.29-1993 by L.L. No. 28-1993~] NOTE: L.L. No, 28-1993 also provided as follows: Section 1. Legislative Intent. This Legislature hereby finds and determines that Suffolk County's comprehensive Contractor/Vendor Public Disclosure Statement Law currently applies to a broad array of contracts that exceed one thousand dollars ($1,000,) in value, subject to exemptions for contractors doing business with the County Department of Social Services; hospitals; educational, medical, and governmental entities; and not-for-profit corporations. This Legislature further finds and determines that these exemptions prevent full disclosure of important information that may be useful to elected county officials in determining whether or not specific types of contracts are in the public interest, especially in light of recent trends towards privatization and use of outside consultants on an increased basis by municipalities. Therefore, the purpose of this law is to eliminate many of the exemptions from completing and filing verified public disclosure statements with the County Comptroller available to certain contractors providing social services or health services contracts. CONTRACTOR or VENDOR [Amended 12-18-1990 by L.L. No. 41- 19902; 6-29-1993 by L.L. No. 28-19933I- Any proprietorship, partnership or closely held corporation which has a contract with Suffolk County in excess of one thousand dollars ($1,000.) or which has three (3) or more contracts with Suffolk County, any three (3) of which, when combined, exceed one thousand dollars ($1,000.), except: (1) Hospitals. (2) Educational or governmental entities. I Editor's Note: This local law was adopted by the legislature after disapproval by the Executive on 5-26-1993. 2 Editor's Note: This local law was adopted by the Legislature after disapproval by the Executive on 12-13-1990. See the note at § A4-12. 3 Editor's Note: This local law was adopted by the Legislature after disapproval by the Executive on 5-26.1993. See note above. Page 1 of 3 (3) Not-for-profit corporations. (4) Contracts providing for foster care, family day-care providers or child protective consulting services. FULL DISCLOSURE CLAUSE - A proviso to be included as a material part of a contract imposing upon the contractor or vendor a material, contractual and statutory duty to file a verified public disclosure statement. VERIFIED PUBLIC DISCLOSURE STATEMENT - A declaration, the contents of which are acknowledged before a notary public, containing information required under this section. A full disclosure clause is to be included in all future contracts between Suffolk County and a contractor or vendor. Such full disclosure clause shall constitute a material part of the contract. C. Notice of the full disclosure clause shall be included and made a part of the specifications,, if any, which are submitted to interested potential bidders. Each contractor or vendor shall file a verified public disclosure statement with the Comptroller of Suffolk County as soon as practicable prior to being awarded the contract. An updated disclosure statement shall be filed by the contractor or vendor with the Comptroller by the 31st day of January in each year of the contract's duration. It shall be the duty of the Comptroller to accept and file such statements. No contract shall be awarded to any contractor or vendor, as defined in this section, unless prior to such award a verified public disclosure statement is filed with the Comptroller as provided in this section. Any verified public disclosure statement containing fraudulent information shall constitute, for all purposes, a failure to file such statement in the first instance. F. The verified public disclosure statement required by this section shall include: (1) A complete list of the names and addresses of those individual shareholders holding more than five-percent interest in the firm. (2) The table of organization for the company shall include the names and addresses of all individuals serving on the board of directors or comparable body, the names and addresses of all partners and the names and addresses of all corporate officers. The contractor or vendor shall conspicuously identify any such person in this table of organization who is an officer or an employee of Suffolk County. Page 2 of 3 (3) A complete financial statement listing all assets and liabilities as well as a profit-and-loss statement, certified by a cer[ified public accountant. Such statement shall be the most current available and in no event shall have been prepared more than six (6) months prior to the date of the filing of the bid. No financial statement or profit-and-loss statement shall be required from any contractor or vendor having fifty percent (50%) or more of their gross revenues from sources other than the County of Suffolk. A separate folio for each company shall be maintained alphabetically for public inspection by the Comptroller. Remedies. The failure to file a verified public disclosure statement as required under this section shall constitute a material breach of contract. Suffolk County may resort, use or employ any remedies contained in Article 2 of the Uniform Commercial Code of the State of New York. In addition to all 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. Under no circumstances shall the county be precluded from invoking any remedy contained in the preceding section by reason of its failure to invoke promptly its remedies. Page 3 of 3 SOUTHOLD TOWN BOARD PUBLIC HEARING November 16, 2004 5:05 P.M. HEARING ON CITIZEN VIEWS ON LOCAL HOUSING COMMUNITY DEVELOPMENT NEEDS TO BE MET WITH FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman John M. Romanelli Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Deputy Town Clerk Linda J. Cooper Town Attorney Patricia A. Finnegan COUNCILMAN WICKHAM: In April, 2005 the Town of Southold expects to receive approximately $159,000.00 in Federal Community Development Block Grant Funds. These funds may be used, and have been previously used for a variety of projects to be selected by local officials. Eligible activities include: Acquisition and demolition of blighted property Housing rehabilitation Elimination of physical barriers for the handicapped Public facilities and improvements Street Reconstruction Code Enfomement Public Water projects Economic Development Public Services (limited to 15%) Town Residents are invited to attend this public hearing on Tuesday, November 16, 2004, 5:05 P. M. in the evening at the Southold Town Hall, 53095 Main Road, Southold, New York, to express citizen views on local housing community development needs to be met with these funds. COUNCILMAN WICKHAM: It is a legal notice that has appeared in the newspaper, it has appeared on the Town Clerk's bulletin board outside and that is all the communication we have on this. SUPERVISOR HORTON: Thank you, Councilman Wickham. Mr. McMahon, would you care to address the Board? November 16, 2004 2 Public Hearing-Community Development Block Grant 2005 JIM MCMAHON, EXECUTIVE ASSISTANT, TOWN OF SOUTHOLD: I bet you are all glad that I wrote the grant for the SPLIA program and the Local Waterfront Revitalization program. This one is a lot easier. I believe there is only one letter in the file that I delivered. It was faxed this morning from the North Fork Housing Alliance, requesting funds as they usually do for housing rehab. What I will do is, any Town Board member that wants to add to the list of programs that we have, I will prepare a preliminary budget for the next Town Board work session and take your comments and concerns and if you have anything that you want to have me look into, I would be glad to do so. SUPERVISOR HORTON: Thank you, Jim. And the Board did discuss the itemized budget that you prepared for me on Friday, in regard to allocating $75,000 to the Southold Town Community Housing Fund. Okay. Would anybody care to address the Board on the Community Development Block Grant? (No response) We will close this hearing. Linda J. Cooper Deputy Town Clerk SOUTHOLD TOWN REHABILITATION REQUEST FOR ADDITIONAL FUNDING November 16, 2004 Pending Rehab Jobs: Peterson - $$0,000.00 Saundcrs - $25,000.00 Additional Request for Assistance: We have 10 requests for assistance from 10/14/03 - 10/20/04 Estimating at least $25,000.00 per rehab job due to lead being an issu~ now. We arc anticipatin~g a r~turn of at least 5 of thc 10 applications. Therefore, we are requesting that the Town altoca~e $125,000.00 for th~ Southold Town Rehabilitation Program. #7193 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, successively, commencing on the 11th day of November ,2004. Sworn to before me this 20O4 CHR S~'INA VOLINSKi NO[ARy PUBLtC-STAfE OF NEW YORK No. 0l-V06105050 ~' Principal Clerk ;t dayof *~ffmm*s Idem Wmmd Om In April, 2005 the Town of $outhold $159,000.00 in Fedora/ Community Development Black Grant Funds. These funds may be used, and have been pre- viously used fora variety of projects to be selected by fuc. a~ off/c/als. Eligible aeltvlties im:lnde: Acquisition and demo/ition of bli~t~d property Hous/ng rehabilkation El/m/nation of physical ban~ers for ~he hand/capl~_xl Public facilities and improvements Code E~fforcement Public Water projects Economic Development Pubic Services (I/m/ted to 15%) November 16, 2004, $:00 p.m. in the even/ng at the Southold Town Hall, 530~5 Main Ro~d, $outhoid, New York, ~o express citizen views on lccai hous- By ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF $OUTI~OLD, NOYEMBER 4, 2004. E. lizabe~ A. Ney/lie ~oathold Town Clerk LEGAL NOTICE Citizen's Ideas Wanted On Community Development Program Announcement of Public Hearing In April, 2005 the Town of Southold expects to receive approximately $159,000.00 in Federal Community Development Block Grant Funds. These funds may be used, and have been previously used for a variety of projects to be selected by local officials. Eligible activities include: Acquisition and demolition of blighted property Housing rehabilitation Elimination of physical barriers for the handicapped Public facilities and improvements Street Reconstruction Code Enfomement Public Water projects Economic Development Public Services (limited to 15%) Town Residents are invited to attend this public hearing on Tuesday, November 16, 2004, 5:05 P. M. in the evening at the Southold Town Hall, 53095 Main Road, Southold, New York, to express citizen views on local housing cornmunity development needs to be met with these funds. BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF SOUTHOLD, NOVEMBER 4, 2004. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON NOVEMBER 11, 2004, AND FORWARD TWO (2) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney James McMahon Comptroller Town Clerk's Bulletin Board STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly swom, says that on the a~ day of IX[OX) ,2003, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. 2005 Community Development Block Grant Funds Southold Town Clerk Sworn before me this c~ day of ~,,~q ,2003. L~NDA M. BOHN NOTARY PUBLIC, State of New York No. 01BO6020932 Qualified in Suffolk Count~ Term Expires March 8, 20 .{~ ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 796 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 4, 2004: RESOLVED that the Town Board of the Town of Southold hereby sets 5:05 P.M., Tuesday, November 16, 2004, Southold Town Hall, 53095 Main Road, Southold, New York 11971, as the time and olace for a Public Hearing to hear citizens views on local housing and community development needs to be met with approximately $159,000 in Community Development Block Grant Funds the Town of Southold expects to receive in April 2005 and authorizes Town Clerk Elizabeth Neville to publish an "Announcement of Public Hearing". Elizabeth A. Neville Southold Town Clerk #7193 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, successively, commencing on the 11th day of November ,2004. Sworn to before me this 2004 CHRISTINA ¥OLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO, 01'V06105050 Qual!tied In Suffolk County ~omrnls$1on EXpires February 28, 2008 /l dayof ~~ L~dL NOTICE In April, 2005 the Town of Southold expects to receive approximately $159,000.00 in Federal Community Eligible activities haclude: ~aght~ pro~y for the handicapped Public Water projects NOVY~I~ ~, ~