HomeMy WebLinkAboutNorth Fork Housing AlliancePATRICIA A. FINNEGAN
TOWN ATTORNEY
pat ricia.finnegan~.t own.sour hold.ny.us
KIERAN M. CORCORAN
ASSISTANT TOWN ATTORNEY
kieran.corcoran@town.southold.ny.us
LOKI HULSE MONTEFUSCO
ASSISTANT TOWN ATTORNEY
tori.montefusco~,town.southold.ny.us
To:
From:
Date:
Subject:
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
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
MEMORANDUM
Ms. Joanne Liguori
Lynne Krauza
Secretary to the Town Attorney
September 15, 2005
Agreement w/North Fork Housing Alliance
Housing Counseling Program
Please be advised that Lori has reviewed and approved the attached
Agreement between the Town of Southold and Nor[h Fork Housing Alliance in
connection with the referenced matter. A copy of the Resolution authorizing Josh
to sign this Agreement is also enclosed.
In this regard, kindly -- here indicated nd __
return the original to Betty. PIf,..P_Le..a~,e make-a copy (~f the fully exe~~eme_.m~3J.~/ /~
and give ',t to Jim McMahon.__~ ---- ~ ~ ~_¢/~¢/[,
Thank you for your attention. If you have any questions, please ball me. ~'
/tk
Enclosures
cc: Ms. Elizabeth Neville, Town Clerk (w/encl.)
Mr. Jim McMahon (w/o encl.)
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
sout holdtown.northfork, net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 424 OF 2005
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON JULY 5, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Horton to sign an Agreement between the Town of Southold and the North
Fork Housing Alliance~ as part of the 2005 Community Development Block Grant Program,
subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
AGRRKMENT
Suffolk County Town of Southold
PUBLIC SERVICE: Housing Counseling Program
(Name of Project)
PROJECT # 1036-05-05
THIS AGREEMENT, made the let day of May
by and between the Town of Southold
(Name of Municipality)
2005
, a municipal
corporation having its principal
53095Main Street, Southold
(Address: ~ Street, City)
office
and place of business at
11971
,New York,
(Zip)
(hereinafter referred to as the "MUNICIPALITY"),
North Folk Housing ALliance, Inc.
Name of Non-Profit Organization
ll0South Street, Greenport
(Address: # Street, City)
and the
, with offices at
, New York, il944-1619
(Zip)
(hereinafter referred to as the "AGENCY").
WHEREAS,
W I T N E S $ E T H :
the Village/Town Boar'd of the
Town of Southold
~Name of Municipality)
by resolution authorized the execution of an agreement with the
AGENCY for the services of conducting Housing Counseling Program
(Description of Program)
(Description of Program)
NOW, THEREFORE, it is mutually agreed by and between the
AGENCY and the MUNICIPALITY as follows:
I. The Following exhibits are attached to this agreement
and made a part hereof:
Exhibit "A" - Program Description and Budget
II. In consideration of the payment by the MUNICIPALITY to
the sum of Five Thousand, one hundred ($5,100.00 ) DOLLARS,
(Project Allocation Amount)
the AGENCY agrees to conduct the following programs and provide
services as follows for the period of May 1 , ~{~ 2005
(Start Date)
through April 30, 2006 , ~ funded under the Community
(End Date)
1
(CD PUB SER.V 11/92)
Development Block Grant Program. THE AGENCY agrees to provide
services as described in Exhibit "A". The MUNICIPALITY may
approve modification of said services such as are appropriate
the carrying out of the purposes of this agreement.
to
III. The AGENCY shall provide the MUNICIPALITY with reports
on program activities, development and finances (audit upon
request) and
MUNICIPALITY,
statistical data and such reports as the
SUFFOLK 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 this agreement shall apply to any program income assigned by
the MUNICIPALITY to the AGENCY. All program income shall be
substantially disbursed for agreed upon activities before the
MUNICIPALITY shall request additional cash withdrawals for the
same activities.
V. Any real property under the AGENCY's control that was
acquired or improved in whole or in part with Community
Development funds in excess of $25,000 shall either:
to meet one of the national objectives for at
after execution of this agreement, or such
time as determined appropriate by. Suffolk
be used
least five years
longer period of
County; er
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.
rules,
The AGENCY agrees to
and regulations:
comply with the following laws,
2
(CD PUB SERV 11/92)
A. The requirements and standards of Federal 0~5
Circular numbers A-il0 and A-133, "(Audit Requirements for Non-
Profit Organizations) amd A-122 (Cost Principals for Non-Profit
Organtzatlone), or for educational institutions A-Il0 and A-133
(Audit Requirements for Non-Profit Organizations) and A-121 (Cost
Principals for Non-Profit Educational Institutions).
B. Title VI of the Civil Rights Act of 1964 (PL 88-352)
and all requirements imposed by or pursuant to that Title, to the
end that no person shall be, on the ground of race, color,
national origin, or sex excluded from participation in or be
denied the benefits of, or be otherwise subjected to
discrimination either in seeking service or employment with the
AGENCY. No person shall be denied either service or employment
with the AGENCY because of religious discrimination.
C. Executive Order 11246 which provides that no person
shall be discriminated against on the basis of race, color,
religion, sex or national origin in all phases of employment.
D. Title VIII of the Civil Rights Act of 1968 (PL 90-
284) known as the Fair Housing Act, which prohibits
discrimination in the sale or rental of housing, the financing of
housing, or the provision of brokerage services including making
unavailable or denying a dwelling to any person because of race,
color, religion, sex, or national origin.
E. Section 109 of the Housing and Community Development
Act of 1974 (as amended) requiring 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.
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F. Section 110 of the Housing and Community Development
Act regarding labor standards for contractors or subcontractors
performing construction work, rehabilitation work, or home
improvement projects of eight or more units and Rental
Rehabilitation projects of twelve or more units.
G. Section 202(a) of the Flood Disaster Protection Act
of 1973.
H. The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 USC. 4601).
I. Executive Order 11246 which prohibits discrimination
in employment and Section 3 of the Housing and Urban Development
Act of 1968 regarding the provision of 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 24 prohibiting the use of debarred,
suspended or ineligible contractors or sub-recipients.
L. 24 CFR Part 570.511 regulations prohibiting persons
receiving benefit who have a conflict of interest.
Community Development
Community Development
24 CFR Part 570.200(J) which prescribes the use of
funds by religious organizations.
funds shall not be used for religious
activities or provided to primarily religious entities for
activities including secular activities. Community Development
funds shall not be used for the acquisition of property or the
construction or rehabilitation (including historic preservation
and removal of architectural barriers) of structures to be used
4
(CD PUB SERV 11/92)
for religious purposes or which will otherwise promote religious
interests. This limitation includes the acquisition of property
for ownership by primarily religious entites and the construction
or rehabilitation (including hietoric preservation and removal or
architectural barriers) of structures
(except as permitted with respect to
undertaken in connection with public
owned by such entities
rehabilitation and repairs
services) regardless of the
use to of the
primarily religious entites shall only
Development funds at no more than fair
religious nee.
be made
property or structure. Property owned by
be acquired with Community
market value for a non-
rehabilitate
used for a wholly secular purpose
conditions:
1. The building (or
Community Development funds shall be used to
buildings owned by primarily religious entites
only under the following
to be
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 premises will be used exclusively for
secular purposes available to persons regardless of religion;
4. The lease payments do not exceed the fair market
the premises as they were before the improvements are
rent of
made;
5. The portion of the cost of any improvements that
also serve a non-leased part of the building will be allocated to
and paid for by the lessor;
6. The lessor enters into a binding agreement that
unless the lessee, or a qualified successor lessee, retains the
use of the leased premises for a wholly secular purpose for at
least the useful life of the improvements, the lessor will pay to
the lessee an amount equal to the residual value of the
improvements;
5
(CD PUB SERV 11/92)
7. The lessee must remit the amount received from
the lessor under the preceding paragraph of this section to the
MUNICIPALITY from which the Community Development funds were
derived.
eligible
services:
employee
shall not
persons
person
N. Community Development funds shall be used for
public services provided that, in the provision of such
1. The AGENCY shall not discriminate against any
or applicant for employment on the basis of religion and
limit employment or give preference in employment to
on the basis of religion;
2.. The AGENCY shall not discriminate against any
applying for such public services on the basis of religion
and shall not limit such services
on the basis of religion;
3. The AGENCY shall
instruction or counseling,
or give preference to persons
provide no religious
conduct no religious worship
services, engage in no religious proselytizing, and exert
other religious influence in the provision of such public
or
11o
services;
4. The portion of a
public services shall contain no
decorations, other than those
the structure.
facility used to provide the
religious symbols or
permanently affixed to or part of
VII. The MUNICIPALITY shall have the responsibility and the
authority to evaluate the program covered by this agreement and
to take whatever action it deems necessary to insure the
satisfactory fulfillment of this contract. This agreement may be
terminated for default, inability or failure to perform.
If, through any cause, the AGENCY fails to perform in a
timely and proper manner its obligation herewith, the
MUNICIPALITY shall have the right to terminate this agreement by
giving sixty (60) days prior notice, by registered or certified
6
(CD PUB SERV 11/92)
mail, to the other party, of such cancellation. Should the
MUNICIPALITY cancel in accordance with this provision herein,
Community Development Block Grant funds on hand or accounts
receivable at the time of termination shall be returned to the
MUNICIPALITY within thirty (30) days of the notice of
termination.
VIII. Under this agreement, no Federal appropriated funds
shall be paid by or on behalf of the AGENCY, to any person for
influencing or.attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any
Federal loan, the entering into of any 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 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 AGENCY shall complete
and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
IX. The AGENCY shall indemnify and hold harmless the
MUNICIPALITY and SUFFOLK COUNTY from all claims, costs, damages,
judgement liens, or injuries to persons or property of whatsoever
kind or nature arising out of the performance required under this
agreement.
X. It is understood that this instrument represents
entire agreement of the parties hereto, and all previous
understandings are merged hereto.
the
7
(CD PUB SERV 11/92)
IN WITNESS WHEREOF, the parties hereto have executed this
agreement by their respective signatures the day and year last
written below.
TOWN OF SOUTHOLD
ua Y. Hortor~Town Supervisor)
Tanya Palmore
(Print Name)
Executive Director
Title
June 9, 2005
8
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EXHIBIT A
PROGRAM DESCRIPTION AND BUDGET
PUBLIC SERVICE: Housing Coonseling Program
(Name of Project)
PROJECT # 1036-05-05
Detailed Description of
Program Activities
Provide comprehensive housing counseling
to l°W/moderate income persons.
Con, unity Development funds will be used
to pay salaries and fringe benefits of the
counseling staff
May 1, 2005 - April 30, 2006
Budget
Allocation
$ 5,100.00
Total Budget $
SPECIFICALLY DESCRIBE ACTIVITIES OR ITRMS COMMUNITY DEVELOPMENT
FUNDS WILL PAY FOR.
9
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