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HomeMy WebLinkAboutNorth Fork Housing Alliance (2) EIJZABETH A. ~EVII.LE 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.north£ork.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 o£the Town of Southold hereby authorizes and directs Supervisor Horton to sign an Agreement between the Town of Southold and the North Fork Housin~ Alliance, as part of thc 2005 Community Development Block Grant Program, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan@town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco@town.southold.ny.us JOSHUA Y. HORTON Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 $outhold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: From: Date: Subject: MEMORANDUM Ms. Joanne Liguori Lynne Krauza Secretary to the Town Attorney October 14, 2005 Agreement w/North Fork Housing Alliance, Inc. Home Improvement Program Please be advised that Lori has reviewed and approved the attached Agreement between the Town of Southold and the North Fork Housing Alliance, Inc. in connection with the referenced matter. A copy of the resolution authorizing Josh to sign this Agreement is also attached for your information. In this regard, kindly have Josh sign and date the Agreement where indicated and return it to Betty. I would appreciate your providing Jim McMahon with a copy of the fully executed Agreement. Thank you for your attention. If you have any questions, please call me. Ilk Enclosure cc: Ms. Elizabeth Neville, Town Clerk (w/encl.) Mr. Jim McMahon AGREEMENT PUBLIC SERVICE: Suffolk County Town of Southold Home I~o~emeht ?r~g~m~ ~ (Name of Project) PROJECT # 1003-14A-05' by THIS AGREEMENT, and between the made the ls~day of Jun~ X~/__, ToWel of Southold , a municipal (Name of Municipality) corporation having its principal office and place of business 53095Main Street Southold ,New York, 11971 (Address: # Street, City) (Zip) at (herginefter referred to as the North Fork Housing Alliance, Inc. Name of Non-Profit'Organization 110 south Street, Greenport (Address: f Street, City) "MUNICIPALITY"), and the , with offices at 11044-1619 , New York, (Zip) (hereinafter referred to as the "AGENCY"). W I T N E S S E T H : WHEREAS, the Village/Town Boar'd of the Town of Southold (Name of Municipality) by resolution authorized the execution of an agreement with the Home Improvement Program AGENCY for the services of conducting (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 Sixty Thousand Five ,~Mundred (Project Allocation Amount) ($ 60,500.00 ) DOLLARS, the AGENCY agrees to conduct the following programs and provide services as follows for the period of June 1 , ;L~__2005 (Start Date) 20O6 through May 31 , k~__ funded under the Community (End Date) 1 (CD PUB SERV 11/92) Development Block Grant Program. The AGENCY agrees to provide services as described in Exhibit "A". The MUNICIPALITY may approve modification of said services such as are appropriate to the carrying out of the purposes of this Agreement. III. The AGENCY shall provide the MUNICIPALITY with monthly reports on program activities, development and finances (audit upon request) and statistical data and such reports as the MUNICIPALITY, Suffolk County, or Federal Government shall deem necessary. 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: (a) be used to meet one of the national objectives for at least five years after execution of this Agreement, or such longer period of time as determined appropriate by Suffolk County; or (b) disposed of in a manner which results in the MUNICIPALITY being reimbursed in the amount of the current fair market value of the property less any portion attributable to expenditures of non-Community Development funds for acquisition of, or improvement to, the property. VI. The AGENCY agrees to comply with the following laws, rules and regulations: -2- A. The requirements and standards of Federal OMB Circular numbers A-Il0 and A-133, "(Audit Requirements for Non- Profit Organizations) and A-122 (Cost Principals for Non-Profit Organizations), or for educational Institutions A-Il0 and A-133 (Audit Requirements for Non-Profit Organizations) and A-121 (Cost Principals for Non-Profit Educational Instl£utlons). 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 sround 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 AGgNCY. 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 deuyins 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 (aa amended) requiring that no person be excluded fro~ participation or denied benefits, or be subjected go discrimination on the grounds of race, color, national origin or sex, 3 (CD PUB SERV 11/92) F. Section 110 of the Housing and Community Development Act regarding labor standards for contractors or subcontractors performing construction work, rehabilitation work, or home improvement projects of eight or more units and Rental' Rehabilitation projects of twelve or more units. G. Section 202(a) of the Flood Disaster Protection Act of 1973. He Acquisition Policies Act ,I. Executive Order The Uniform Relocation Assistance and Real Property of 1970 (42 USC. 4601). 11246 which prohibits discrimination in employment and Sec£ion 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. M. 24 CFR Part 570.200(j) which prescribes the use of Community Development funds by religious organizations. Community Development funds shall not be used for religious activities or provided to primarily religious entities for activities including secular activities. Community Development funds shall not be used for the acquisition of property or the construction or rehabilitation (including historic preservation and removal of architectural 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 pfimarly religious entities 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 entities 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 entities to be used for a wholly secular purpose only under 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 premises will be used exclusively for secular purposes available to persons irrespective of religious affiliation; 4. The lease payments do not exceed the fair market rent of the premises as they were before the improvements are 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- 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. N. Community Development funds shall be used for eligible public services provided that, in the provision of such services: 1. The AGENCY shall not discriminate against any employee or applicant for employment on the basis of religion and shall not limit employment or give preference in employment to persons on the basis of religion; 2. The AGENCY shall not discriminate against any person applying for such public services on the basis of religion and shall not limit such services or give preference to persons on the basis of religion; 3. The AGENCY shall provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such public services; 4. The portion of a facility used to provide the public services shall contain no religious symbols or decorations, other than those permanently affixed to or part of the structure. 5. The AGENCY agrees to comply with any other applicable law, rule or regulation in addition to those referenced herein. 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 upon default, or for inability or failure to perform. If, through any cause, the AGENCY fails to perform in a timely and reasonable manner its obligations herewith, the MUNICIPALITY shall have the right to terminate this Agreement upon sixty (60) days written notice to the AGENCY, of such -6- 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 upon receipt 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, judgment 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 the entire agreement of the parties hereto, and all previous understandings are merged hereto. -7- IN WITNESS WHEREOF, the parties hereto have executed this agreement by their respective signatures the day and year last written below. TaNya Palmore (Print Name) Executive Director Title Date~ Datel August 26, 2005 8 (CD PUB SERV 11/92) EXHIBIT PROGRAM DESCRIPTION AND BUDGET PUBLIC SERVICEs Home Improvement Program (Name of Project) PROJECT t~ 1003-14A-05' Detailed Description of Pro~ram lecivi.ties Rehabilitate/Improve Private Homes Community Development funds will be used to rehabilitate private homes of low income familes June 1, 2005 - May 31, 2006 Budget Allocation $ 60,500.00 Total Budget $ SPECIFICALLY DESCRIBE ACTIVITIES OR XTKNS CONHUNXTY DEVKLOPHKNT FUNDS WILL PAY FOR. 9 (CD PUB SERV 11/92)