HomeMy WebLinkAboutRobert Perry Child Day Care Ctr PATRICIA A. FINNEGAN
TOWN ATTORNEY
patricia, fin negan~ t own.southold.ny.us
KIERAN M. CORCORAN
ASSISTANT TOWN ATTORNEY
kieran.corcoran(h town.southold.ny.us
LORI HULSE MONTEFUSCO
ASSISTANT TOWN ATTORNEY
loci. monte fusco(~L'town.southo]d.ny.us
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
MEMORANDUM
JOSHUA Y. HORTON
Supervisor
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1939
Facsimile (631) 765-6639
To:
Ms. Joanne Liguori
From:
Lynne Krauza
Secretary to the Town Attorney
Date:
September 16, 2005
Subject:
Agreement Between the Town of Southold and
Robert Perry Child Day Care Center
Please be advised that Lori has reviewed and approved the attached
Agreement in connection with the referenced matter. A copy of the resolution
authorizing Josh to sign this Agreement is also enclosed.
In this regard, kindly have Josh sign the Agreement where indicated,
insert the date of signature and return the original to Betty. Please make a copy
of the fully executed Agreement for Jim McMahon.
Thank you for your attention. If you have any questions, please call me.
Ilk
Enclosures
cc: Ms. Elizabeth Neville, Town Clerk (w/encls.)
Ms. Jim McMahon (w/o encl.)
EI.I~,ABETH 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.nor thfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 425 OF 2005
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON JULY 5, 2005:
RESOLVED that thc Town Board of the To~vn of Southold hcreby authorizes and directs
Supervisor Horton to sign an Agreement between the Town of Southold and the Robert
Perry Child Day Care Program, as part of the 2005 Community Development Block Grant
Program, subject to the approval of thc Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
PUBLIC SERVICE: General Suppor~
(Name of Project)
PROJECT ~ 1049-05L-05
THIS
by end between the
AGREEHENT, mede :he 22nd
T0wnofSou~hold
(Name of Municipality)
office and plece of business
day of April 2005 .....
, a municipal
"MUNICIPALITY"), and
corporation herin8 its principal
53095 Maim S~ree:, son,hold
(Address: ~! Street, City)
(hereinafter referred to as the
'Robert Perry ChMd Dpy Cere Center
Name of Non-Pr~fit Organization
3rd Street, G~eenport
(Address: tt Street, City)
,New York, 11971
(Zip)
the
, with offices at
, ~New Fork, 11944
(Zip)
at
(herei. nafter referred to as the "AGENCY").
W I T N E S S E T H :
WHEREAS, the Village/Town Boar'd of the
Town of Sou:hold
(Name of Municipality)
by resolution authorized the execution of an agreement with the
AGENCY for the services of conducting General S~ppor~
(Description of Program)
A child day care ~cllit¥ mr Iow/mi~le income ~milies (Description of Program)
NOW, THEREFORE, it is mutually agreed by and between the
AGENCY and the MUNICIPALITY as follows:
I. The F911owins exhibits are attached to this agreement
'and made a part hereof:
Exhibit "A" - Pro,ram Description and Budget
II. In consideration of the payment by the MUNICIPALITY tO
the sum of ~eYen. Ihousand five hundred ($.7r500 ) DOLLARS,
(Project Allocation Amount)
the AGENCY agrees to co,nduct the following programs and provide
services
through
es follows for the period of April 22. 2005 ,
(Scar:-DaCe)
April 22, 2006
(End Date)
funded under the Community
(CD PUB SER.V 11/92)
Development Block Grant Frogram. THE AGENCY agrees to provide
services as described in Exhibit "A". The MUNICIPALITY may
approve modification of said services such as are appropriate
the carrying out of the purposes of this agreement.
tO
III. The AGENCY shall provide the MUNICIPALITY with reports
on program activities, development and finances (audit upon
request) end statistical data and such reports es the
MUNICIPALITY, SUFFOLK
necessary.
County, or Federal Government shall deem
IV. The AGENCY agrees to return all program income to the
MUNICIPALITY. The MUNICIPALITY shall designate the specific
activities to be undertaken with program income. All provisions
of thie agreement shall.apply to any program income assigned by
the MUNICIPALITY to the AGENCY. Ail program income shall be
substantially disbursed for agreed upon activities before the
MUNICIPALITY shall request additional cash wit.h.drawals for the
eame activities.
V. Any real property under the AGENCY's control that wes
acquired or improved in whole o.d..in part with Community
Development~nds in excess of $25,000 shall either:
be used to meet one of the national ob~ectivee for at
least five' years after execution of this agreement, or. such
longer period ~f time as determined appropriate by. Suffolk
County; or
disposed of in a manner which results in the
MUNICIPALITY being reimbursed in the amount of the current fair
market value of the property less any portion attributable to
expenditures of non-Community Development funds for acquisition
of, or improvement to, the property.
VI. The AGENCY agrees
rules, and regulations:
to comply with the following laws,
(CD PUB SERV 11/92)
A. The requirements and standards of Federal OMB
Circular numbers A-110 and A-133, "(Audit Requirements for Non-
Profit Organizations) and A-122 (Cost Principals for Non-Profit
Organizations), or for educational institutions A-110 and A-133
(Audit Requirements for Non-Profit Organizations) and A-121 (Cost
Principals for Non-Profit Educational Inetitutions).
B. Title VI of the Civil Rights Act of 1964 (PL 88-352)
and all requirements imposed by or pursuant to that Title, to the
end that no person shall be, on the ground of race, color,
national origin~ or sex excluded from par~tcipatio'n in or be
denied the benefits of, or be otherwise subjected to
discrimination either in seeking service or employment with the
AGENCY. No person shall be denied either s~rvice or employment
with the AGENCY because 'of religious discrimination.
¢. Executive Order 11246 which provides that no person
shall be discriminated against on the basis of race, color,
religion, sex or national origin in all phases of employment.
D. Title VIII of the Civil Rights Act of 1968 (PL 90-
284) known as the Fair Housing A~t, which prohibits
discriminat~ in the 8ale or rental of housing, the financing of
housing, or the provision of brokerage services including making"
unavailable or denying a dwelling to any person because of race,
color, religion, sex~ or national origin.
E. Section 109 of the Housing and Community Development
Act of 1974 (as amended) re.quiring that no person be excluded
from participation or denied benefits, or be subjected to
discrimination on the grounds of race, color, national origin or
SeX ·
3
(CD PUB gERV tl/92)
F. Section 110 of the Housing and Community Development
Act regarding labor standards for contractors or subcontractors
performinS construction work, rehabilitation work, or home
improvement projects of eight or more units and Rental
Rehabilitation projects of twelve or more'unite.
G. Section 202(a) of the Flood Disaster Protection Ac=
of 1973.
H. The Uniform Relocation Assistance and Real
Acquisition Policies Act of 1970 (62 USC. 6601).
Property
I. Executive Order 11266 which prohibits discrimination
in employment and Section 3 of the Housing ~and Urban Development
Act of 1968 regardin$ the provision of employment to low income
persons residing within the boundaries of the Consortium.
J. Section 401(b) of the Lead Base Paint Poisoning
Prevention Act.
K. 24 CFR Part 26 prohibiting the use of debarred,
suspended or ineligible contraCtOrs or sub-recipients.
L. 26 CFR Part 570.511 regulations prohibiting persons"
receiving benefit who have a conflict of interest.
M, 26 CFR Part 570.200(J) which prescribes the use of
Community Development funds by religious organizations.
Community Development funds shall not be used for religious'
activities or provided to primarily religious entities for
activities including secular activities. Comm~nity Development
funds shall not be used for the acquisition of property or the
construction or rehabilitation (including historic preservation
and removal of architectural barriers) of structures to be used
6
(CD PUB SEKV 11/92
for religious purposes or which will otherwise promote religious
interests. This limitation includes the acquisition of property
for ownership by primarily religious entite8 and the construction
or rehabilitation (including historic preservation and removal or
architectural barriers) of structures owned by such entities
(exCept as permitted with respect to rehabilitation and repairs
undertaken in connection with public services) regardless of the
use to be made of the property or structure. Property owned by
primarily religious entites shall only be acquired with Community
Development funds at no more than fair market value for a non-
religious use.
Community Development funds shall be used to
rehabilitate buildings owned by primarily religious entites to be
used for a wholly secular purpose only unde~ the following
conditions:
1. The Building (or portion thereof) that is to be
improved with the Community Development assistance has been
leased to an existing or newly established wholly secular entity
(which may be an entity established by the religious entity);
2. The Community Development assistance is provided
to the lessee (and not the lessor) to make the improvements;
3. The leased pre~{ses will be used exclusively for
secular purposes available to persons regardless of religion;
&.
The lease payments do not exceed the fair marke'~
rent of
made;
the premises as they were before the improvements are
5'. The portion of the cost of any improvements that
also serve a non-leased part of the
and paid for by the lessor;
6. The lessor enters
unless the lessee, or a qualified
building will be allocated to
into a binding agreement that
successor lessee, retai~s the
use of
least the useful life of
the lessee an amount equal
improvements;
the leased premises for a wholly
the improvements,
to the residual
secular purpose for at
the lessor will pay to
value of the
(CD PUB SERV i1/92)
7. The lessee must remit the amount received from
the lessor under the preceding paragraph of this section to the
MUNICIPALITY from which the Community Development funds were
derived.
eligible
services:
Community Development funds shall be used for
public services provided that, in the provision of such
1. The AGENCY shall not discriminate against any
employee or applicant
shall not limit employment or give preference in employment
pe'rsons on the basis of religion;
for employment on the basis of ~eligion and
to
2. The
person applying for
and shall not limit
on the basis
AGENCY shall not discriminate against any
such public services o~ the Basis of religion
such services or give preference to persons
of religion;
3. The AGENCY shell provide no religious
instruction or counseling, conduct no religious worship or
services, engage in no religious proselytizing, and exert
other religious influence in the provision of such public
services;
4.
public aerv~ee
decorations, other
the structure.
no
The portion of..'& facility used to provide the
shall contain no religious symbols or
than those permanently affixed to or part of ..
VII. The MUNICIPALITY shall have the responsibility and the
authority to evaluate tbs program covered by this agreement and
to take whatever action it deems necessary to insure the
satisfactory fulfillment of this contract. This agreement may be
terminated for default, inability or failure to perform.
If, through any cause, the AGENCY fails to perform in a
timely and proper manner its obligation herewith, the
MUNICIPALITY shall have the right to
giving sixty (60) days prior notice,
6
terminate this agreement by
by registered or certified
(CD PUB SERV 11/72)
mail, to the other party, of such cancellation. Should the
MUNiCIPALiTY cancel in accordance with this provision herein,
Community Development Block Grant funds on hand or accounts
receivable at the time of termination shall he returned to the
MUNICIPALITY within thirty (30) days of the notice of
termination.
VIII. Under this agreement, no Federal appropriated funds
shall be paid by or on behalf of the AGENCY, to any person for
influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an offid~r or employee of
Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any
Federal loan, the entering into of any coop~rative agreement, and
the extension, continuat'ion, 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 attempting
to influence an officer or employee of any agency, a Member of
Congrese~ an officer or employee of Congress, or an employee of
Member of Congress in connection with this Federal contract,
grant, loan, or cooperative ag=e.ement, the AGENCY shell complete
and submit ~ndard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
a
IX. The AGENCY shall indemnify and hold harmless the
MUNICIPALITY and SUFFOLK COUNTY from all claims, costs, damages,
Judgement liens, or injuries to persons or property of whatsoever
kind or nature arising out of the performance required under this
agreement.
X. It is understood that this instrument represents
entire agreement of the parties hereto, and all previous
unders=andings are merged hereto.
the
7
(CD PUB SERV 11/92)
WITNESS WHEREOF, :he parties hereto have executed this
agreemen: by their resgective sisnatures the day and year lest
written below.
/;upe'x'ior, "l'~ven of Southold
By:~9 Date'.
ramMarie
Cortez, Director
8
(CD PUB SERV 11/92)
EXhIBiT &
PROGRAM DESCRIPTION AND BUDGET
PUBLIC SERVICE=
General Suppor%
(Nam. of ?roJect)
PROJECT
Detailed Deacription of
?rosram Activi~ie~
Child day care facility for Iow/middle income
families
Budget
Allocation
$7,500.
$7,500. ."
Tot. al Budget.
SPECI~ICALLT DE$CEIEE ACTIVITIES OR ITEHS COHHUNITY DEVELOPHENT
PUNDS WILL PAY FOR.
(CD PUB SERV 11/92)