HomeMy WebLinkAboutCommunity Devel Block GrantSOUTHOLDTOWN BOARD
PUBLIC HEARING
NOVEMBER 22, 2005
8:05 PM
A PUBLIC HEARING TO HEAR CITIZENS VIEWS ON LOCAL HOUSING AND
COMMUNITY DEVELOPMENT NEEDS
COUNCILMAN W1CKHAM: Citizen's Ideas Wanted On Community Development Program
Announcement of Public Hearing
In April, 2006 the Town of Southold expects to receive approximately $142,000.00 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 Enforcement
Public Water projects
Economic Development
Public Services (limited to 15%)
Town Residents are invited to attend this public hearing on Tuesday, November 22, 2005, 8:05 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.
I have a notice here, first I have a certified copy. A notice that this has appeared on the Town
Clerk's bulletin board and I haven't found it yet but I think there is a certification that it has
appeared in the newspaper.
SUPERVISOR HORTON: While Councilman Wic ~kham searches for that, would anybody care to
address the Board on this hearing? You have a list that you will provide for the Board for the
record? Then we will close this hearing, if there is no further input.
TOWN ATTORNEY FINNEGAN: Do you want to enter this as part of the record?
SUPERVISOR HORTON:
hearing is declared closed.
Yes. And the Board will have the opportunity to review that.
This
Southold Town Clerk
Summary of Requests for
2006 Community Development
Block Grant Funds
Organization Amount Re~luested
1. Dominican Sisters Family Health Services, Inc $ 5,000
2. North Fork Housing Alliance - Home Improvement $85,000
3. North Fork Housing Alliance- Housing Counseling $ 5,000
4. North Fork Housing Alliance - General Support $ 5,000
5. Robert Perry Child Day Care Center $15,000
6. North Fork Early Learning Center (verbal) $ 7,500
7. The Guidance Center Services, Inc.
8. Maureen's Haven
9. Community Action Southold Town of Southold $ 7,500
No specific funding amount requested
~ k~ j.~~~~.{o SLrI~I~OLK WESTCH~TI/R BRONX
Supervisor Josh Horton
Southold Town Board Members
Southold Town Hall
Main Road
Southold, New York 11971
Novembe~ 11, 2005
Dear Supvrvisor Josh Herren and Southold Town Board Members,
The Dominican Sisters Family Hsalth Service has bean providing non-medical s~rvices
such as ~'ansportatJon to medical appointmants, light house keeping, laundry and grocery
shopping for the elderly and disabled on Easters Long Island since 1990. These so-vices
are provided by paid staffand local volunteers. These adjunct programs to the Certified
Home Health Agency and thc Long T~rm Home Health Care Program aw not
rehrtbU~able through insurance coverage and have been funded through grants,
fundralsing and special contributions.
In 2004 homeworkers from the staff of the Helping Hands progrmus made 312 visits to
the elderly and disabled in Southold Town and provided 1622 hours of service to them.
In addition, 43 volunteers from the Interfaith Volunteer program made'435 trips to
medical appointments and spent 1182 hours in providing this service for Southold
residents. This service has enabled Southold residents to access medical ~vices outside
the Southold Town area, especially the dialysis patients who needs transportation to
Central Suffolk Hospital 3 times a week and the radiation therapy patients who need
transportation to Riverhend on a dally basis.'
We would be grateful {'or any contributions from the Town of Southold to assi.,rt us to
continue these vital services for those in need.
Thank you for your consideration,
Barbara Kujawski,
Coordinator of VOlunteers
Yours truly,
Sr. Margaret
Supervisor of Special Programs
North ForkHousing Alliance, Inc.
(FORMERLY THE (~REENt=ORT HOUSING ALLIANCE)
(631),477-1070 FAX (63!) 477-1769 ~ECTION 8 DEPARTMENT (631) 477-8888 NFHA~AOL.COM
TANYA PA!,.MOR£~ EXECUTIVE DIRECTOR
Mr. Jim McMahon
Community Development Director
Town Hall P.O. Box 728
53095 Main Road
Southold, NY 11971
Re: CDBG Funding for 2006
Dear Jim:
Please be advised that I am requesting the following funding amounts from the CDBO
funding for 2006:
Home Improvement Program
$85,000
NFHA Counseling
$ 5,000
NFHA General Support
$ 5,000
Thank you for your assistance with this matter. If you should have any questions, please
feel free to contact me at (631) 477-1070.
xecutiv&~girector
TJP:tjp
CDBG FY06
ROBERT L. PERRY DEVELOPMENT CORPORATION
ROBERT L. PERRY DAY CARE CENTER
612 Third Street · Greenport, New York 11944
(631) 477-2931
Venetia McKeighan, President
Wendall Mealy, Treasurer
Joan Marie Cortez, Director
BOARD OF DIRECTORS
Julia English
Eileen
Pamela Swann
Josephine Watkins-Johnson
October 18, 2005
Supervisor Joshua Horton and the Town Council- Town of
Southold
Southold Town Hall
53095 Main Road
Post Office Box 1179
Southold, New York 11971
Dear Supervisor Horton and members of the Town Council:
The Board of Directors and I truly appreciate your
consistent support of our Day Care Center throughout
the years; your interest and support has enabled us to
achieve financial stability while working towards
accomplishing our mission of providing quality child dare
for the less privileged children of Southold Town.
Even though the cost of heating fuel, liability
insurance and food have increased a great deal over
the past year, we are determined to continue to offer our
dedicated staff a decent living wage ($10.00 per hour)
as well as basic health insurance for themselves.
We also foresee the need for expansion in the very
near future as the need for day care, especially for
children under the age of 2 years, has increased dramati-
cally on the North Fork.
As a result of these changes, we would like to request
that the HUD grant for the next fiscal year (2006) be
increased to $15, 000.00. This increase would be of
tremendous assistance to us in terms of meeting our
increased operating expenses with an eye towards the
future.
Thank you so much for your consideration, interest
and invaluable support.
Sincerely,
Joan Marie Cortez~ Director
THE GUIDANCE CENTER
SERVICES INC.
Director - Susan Toman
Located 9-1FeatherHill
$outhQld_
Mail 3485 Main ~ay View Rd.
Southold, NY 11971
Phone 631-664-9886
631-765-8318
Proposal for Funding from Southold Town
THE ~UIDANCE CENTER SERVICES INCORPORATION
NOT FOR PROFIT
(95% of GCSI's efforts has been in Southold Town)
is requesting funding which will aid and support in its purpose.
The Purpose - To promote the positive development of children and youth of
the East End Towns of $outhold, Riverhead, ShelterIsland, Southampton
and East Hampton(within Suffolk County) to prevent adolescent problem
behaviors which include alcohol and substance abuse, delinquency,
teen pregnancy, school dropout, and violence, to engage in cooperative
community efforts to reduce adolescent problems and behaviors through
education of parents, teachers children and community.
To povide information, consultationaand advice to the general public
and various educational, social, fraternal and religious groups,
regarding adolescent problem behavious.
To solicit, accept and receive a fund or funds of real and personal
property and apply the principal and income to corporate purposes.
* Copy of Certificate of Incorporation Included.
Location - Feather Hill Office 9-1 in the Center of Southold Township.
Operation Expences - Rent
$5,700.00
Heat/Air
2,000.00
Electric 2,000.00
Staff
Director 35,ooo.oo
Secretary 20,000.00
Tutors 20,000.00
Rec Counselors 20,000.00
Support staff 5,000.00
Promotion 5,000.00
Transportation 2,400.00
(in kind)
(in Kind)
(in Kind)
(in Kind)
(in Kind)
Total
117,100.00 (95,000.00 inKind)
The ~uidance center ~vices Incorporation -G.C.~m~I. has offered
services specifacall~o Southold Town includin~
Prevention
Intervention
Referral
Parenting.
Individual and Group Support
Teen Programs
Throughout the year and focused on periods of time
when school is out - Summer support programs and
Family Oriented Holiday Programs
G.C.S.I. has led and presented leadership in building a community
wide coalition to support the forming of healthy successful youth.
Susan Toman Director of G.C.S.I. invited by NYS Office of Aloohol
and Substance Abuse trained as a Technical Assistant to the state
to build a coalition to support and implement a process that would offer
on going support to Southold Town in the process of prevention and
education reaching into the schools and all aspects of our township.
That process Communities~That Care is well on its way with one
of Southold Schools committed to implementing a survey which will
indicate our towns Blue Ribbons and areas of success -~as well
those are~in,~which we will need to focus on. It is G.C.S.I.'s great
hope that the two other HighSchools will also implement the survey.
The Survey will enable all of the townships efforts in building
healthy youth to recieve funding.
This Coalition currently includes - Schools
Churches
Businesses
Health Care Proffessionals
(95% of G.C.S.I.'s services are given to Southold Township )
As a T,A. for NYS Office of Alcohol and Substance Abuse Services
Susan Toman has also been..able to bring the message of Communities
That Cares to tee South Fork with South Hampton Town Village
beginning their prosess. This winter as well as continuing to
offer Southol~ Town it's service~ the G.C.S.I. will have its Di=ector
reaching out ~o Riverhead Township to begin this process as well.
The End result will be an East End committed to their youth and
to building strong HEALTHY Communities.
ELIZABETH NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
~Town Hall, 53095 Main Road
PO Box 1179
Southold, NY 11971
Fax (631) 765-6145
Telephone: (631) 765-1800
southoldtown.northfork.net
RESOLUTION # 2005-661
Resolution ID: 1238
Meeting: 10/25/05 07:30 PM
Department: Community Development
Category: Misc. Public Hearing
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-661 OF 2005 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 25,
2005:
RESOLVED that the Town Board of the Town of Southold hereby sets 8:05 P.M. Tuesday, November 22,
2005, Southold Town Hall, 53095 Main Road, Southold, New York 11971, as the time and vlace for a
Public Hearing to hear citizens views on local housing and community develol~ment needs to be met with
approximately $142,000 in Community Development Block Grant funds the Town of Southold expects to
receive in April 2006 and authorizes Town Clerk Elizabeth Neville to publish an "Announcement of Public
Hearing Notice"
Elizabeth A. Neville
Southold Town Clerk
The Guidance Center Services Inc. offers its office space
to twelve step programs such as A.A. and Alanon, O.A and
N.A.
The Communities That Care Partnership and Board have their
records there., and have held meetings as well as needed.
It has been a pleasure to service such a committed and
well spring of talented people.
The Guidance Center Services Inc.
support Sou~hold Town can offer.
looks forward to any
Attachments
Copy of Incorporation Non For Profit
Programs
Press
Community Action of Souttio f Town, Inc.
74365 Main Roa~, Greenport, New ~ork 11944
®h. (631)477-1717 f& (631)477-1788
website: cast-inc, org emai~ cast@cast-inc, org
"It is our mission to promote se[f sufficiency and pro, vide a safety net
for Southo[d'Tovan residents in need"
Ooanf Members
Mede £e~ine
President
H'eather ~o~
~a~ ~en
Ch~tine Loew
Cam[~mwer
Chin ~owci~
C~e~
yosh ~o~on
~oanne yac~son
~iFeen ~Fe(F
~eggy ~u~hy
~uth
Zi~a O~
~char~ ~th
~eFi~a Scocozza
October i 7, 2005
Mr. James McMahon
Town of Southold
Southold Town Hall
PO Box 1179
Southold, NY 11971
Dear Mr. McMahon,
Please accept this request for community development funds for the
year 2006 in the amount of $7,500.
As you know, CAST has been serving our needy neighbors for 40
years and has depended solely on contributions from our community
to keep it's doors open and programs running.
Your support will make a substantial difference in serving our
residents in need.
Thank you for yonr ongoing support of the good work we do.
L~a Pxpsen
~rector
He~hbors Flell~ng He~hbors
#7615
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
Jean Burclon 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 3rd day of
weeks, successively, commencing on the
November ,2005
Sworn to before me this
2005
CHRISTINA VOLINSKI
NOTARY PUBLIC-STATE OF NEW YORK
No. 01-V06105050
Qualified in Suffolk County
..... ~misslon Expires February 28, 2008
[' C~~pal Clerk
old ~x~¢ts to receive approximately
$142,000.00 Jla Federal Community De-
velopment Block Grant Fund~ These
f~mds may be used, and have been pre-
vlo/~ly used fox a v~lriety of projects to
be selected by local offaci~h.
Acq~ition nd a~molitio~ of
]Blis~im~io~ ~ physical barriers
for thc handicapp~l
Public f~:ilities md ~provc-
Econo~ic Development
P~blic ~ervices (limited to
Road, Soutliold, New York, to express
citizen views on local housing commu-
nity development needs to bc met with
~ TO~QN OF SOUTItOLD,
LEGAL NOTICE
Citizen's Ideas Wanted
On Community Development Program
Announcement of Public Hearing
In April, 2006 the Town of Southold expects to receive approximately $142,000.00 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 Enforcement
Public Water projects
Economic Development
Public Services (limited to 15%)
Town Residents are invited to attend this public hearing on Tuesday, November 22,
2004, 8:05 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.
BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF
SOUTHOLD, October 25, 2005
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON NOVEMBER 3, 2005, 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 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 sworn, says that on the ~ day of /r),d.~. ,2005, she affixed a
notice of which the annexed printed notice is a tree 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.
2006 Community Development Funds Public Hearing 11/22/05 8:05 pm
abeth A. Ne~Ie
Southold Town Clerk
S/w~}-n before me this
t/ day of
t.tNO~ '} coOPE~
~3. SuffOlk
,2005.
CDBG
CITIZEN PARTICIPATION
By November 30, 2005, each Suffolk County Consortium member must hold a public
heating to obtain the views of citizens on Community Development and housing needs. Prior to
the public heating, each consortium member must publish in a local newspaper a notice of the
public hearing to be held. This notice should be published at least seven (7) days prior to the
date of the public heating and should follow the format of the example shown below:
Citizen's Ideas Wanted
On Community Development Program
Announcement of Public Hearing
In April, 2006, the Town (Village) of $outhold expects to
receive approximately $1 ~2,000 in Federal Community Development
Block Grant Funds. These funds may be used, and have been previously used for a variety of
neighborhood revitalization and public improvement activities directed at low and moderate
income communities.
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/Village Residents are invited to attend a public heating on November 22
,2005, at 8PM o'clock in the evening at $outhold Town Hall
$30~s Main Road, Southnlcl to express citizen views on local housing and community
development needs to be met with these funds.
Meslage Page 1 of 1
Cooper, Linda
From: Jean Burgon [jburgon@timesreview.com]
Sent: Tuesday, November 01, 2005 10:26 AM
To: Cooper, Linda
Subject: RE: For 11/3/05
Linda,
I have received the legal notices and have logged them in for the 1 1/3 edition. I gave
Meg the classy ads.
Jean Burgon
..... Original Message .....
From: Cooper, Linda [mailto:Linda.Cooper@town.southold.ny.us]
Sent: Tuesday, November 01, 2005 9:45 AH
To: Jean Burgon
Subject: For 11/3/05
Please verify receipt of these classified and legals.
Call if there is a problem.'
Linda J.. Cooper
Deputy Town Clerk
Town of Southold
765-1800
11/1/2005
Page 1 of 1
Cooper, Linda
From: Cooper, Linda
Sent: Tuesday, November 01, 2005 9:45 AM
To: 'Jean Burgon'
Subject: For 11/3/05
Attachments: 2006 Preliminary Budget Hrg Notice.doc; Community Development Funds 2006.doc; Flower
Hill Building Corp.doc; 4 wheel drive compact tractor.doc; constable fi.doc; Misc comm and
boards.doc; Misc salaried boards.doc
Please veri~ receipt of these classified and legals.
Call if there is a problem.'
Linda d. Cooper
Deputy Town Clerk
Town of Southold
765-1800
11/1/2005
ELIZABETH NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
""'Town Hall, 53095 Main Road
PO Box 1179
Southold, NY 11971
Fax (631) 765-6145
Telephone: (631) 765-1800
southoldtown.northfork.net
RESOLUTION # 2005-661
Resolution ID: 1238
Meeting: 10/25/05 07:30 PM
Department: Community Development
Category: Misc. Public Hearing
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-661 OF 2005 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 25,
2005:
RESOLVED that the Town Board of the Town of Southold hereby sets 8:05 P.M. Tuesday, November 22,
2005, Southold Town Hall, 53095 Main Road, Southold, New York 11971, as the time and place for a
Public Hearing to hear citizens views on local housing and community development needs to be met with
approximately $142,000 in Community Development Block Grant funds the Town of Southold expects to
receive in April 2006 and authorizes Town Clerk Elizabeth Neville to publish an "Announcement of Public
Hearing Notice"
Elizabeth A. Neville
Southold Town Clerk
COUNTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
JOSEPH T. SANSEVERINO
COMMUNITY DEVELOPMENT DIRECTOR
OFFICE OF COMMUNITY DEVELOPMENT
July 14, 2006
James McMahon, Director
Town of South old
Town Hall- P.O. Box 1179
53095 Main Road
Southold, NY 11971
Dear Jim:
Enclosed please find a fully executed agreement between Suffolk County and your
municipality for the 2006 Community Development Block Grant Program. The Suffolk County
Community Development Office looks forward to working with you on the implementation of
the activities listed in the agreement.
Should you have any questions, please do not hesitate to contact me or my staff.
J osep . Sanseverino
Community Development Director
Suffolk County
JTS :rf
Enclosure
LOCATION
H. LEE DENNISON BLDG. 11TH FLOOR
100 VETERANS MEMORIAL HIGHWAY
.
MAILING ADDRESS
P.O. BOX 6100
HAUPPAUGE, NY 11788-0099
.
(631) 853-5705
TELECOPIER (631) 853--5688
CDBG
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
JOSEPH T. SANSEVERINO
COMMUNITY DEVELOPMENT DIRECTOR
OFFICE OF COMMUNITY DEVELOPMENT
Dear Subrecipient:
The agreement you have entered into is 100 percent funded by federal dollars under an award from the
Department of Housing and Urban Development thIOUgh the Community Deveiopment Block Grant-
Catalogue of Federal Domestic Assistance, Number 14-218.
As indicated in the agreement, the acceptance of federal funds requires that your organization follow the
audit requirements issued by the Federal Office of Management and Budget (OMB) Circular A-133. As a
subrecipient, your organization will be required to obtain an audit if your organization expended more than
$500,000 in federal funds during your fiscal year. All federal funds from this award and any other grant award
must be totaled to determine the requirement for an audit.
You must submit a statement, certified by your Chief Financial Officer, which states the total amount of
all federal funding expended during the fiscal year and a copy of your audit report, if required, to:
Elizabeth TesorieIO, Executive Director of Auditing Services
Suffolk County Department of Audit and ContIOI
H. Lee Dennison Building
100 Veterans Memorial Highway - P.O. Box 6100
Hauppauge, N.Y. 11788
AND
Joseph T. Sanseverino, Community Development Director
H. Lee Dennison Building - 11th Floor
100 Veterans Memorial Highway - P.O. Box 6100
Hauppauge, N.Y. 11788
Thank you for your cooperation.
Sincerely,
T
Jo ph T. Sanseverino
Community Development Director
Suffolk County
JTS:rf
LOCA nON
H. LEE DENNISON BLDG. 11m FLOOR
100 VETERANS MEMORIAL HIGHWAY
.
MAILING ADDRESS
P.O. BOX 6100
HAUPPAUGE, NY 11788-0099
.
(631) 853.5705
TELECQPIER (631) 853.5688
Law No. OCa ,Cl) - /dS
Rev. 3/24/05
Community Development Block Grant Agreement
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 Town Hall- P.O. Box 1179,53095 Main Road,
Southold, N.Y. 11971.
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 from the U.S. Department of Housing and Urban
Development (hereinafter referred to as "HUD") for the purposes of the Act pursuant to Resolution No. A'J%
of ;;? oob ; 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:
As provided in paragraph 53 of Exhibit A of this Agreement, unless sooner
terminated as provided in paragraph (44) of Exhibit A of this agreement.
Total Cost of Agreement:
Shall not exceed $139,000.00
Terms and Conditions:
Shall be set forth in Exhibits A through C and Other Exhibits including the
Suffolk County Public Disclosure Forms and Union Organizing Certification.
In Witness Whereof, the parties hereto have executed this Agreement as of the latest date written above.
Town of southO~ld
By: _~ ",Ifi
-
Scott A. Russell, Supervisor
County of Suffolk
By:
eJI.Q_~~v
Paul Sabatino II
Chief Deputy County Executive
[Please print name and title under signature]
Date:
CI J?4 J )-rA)~
I t
Fed. Taxpayer ID #: 11-6001939
Date: Ap"H I , 2006
ff) 11 Y
Approved:
By:
ent
Approved as to Legality:
~.
Christine Malati
Suffolk County Attorney
By: ~-I:f{J1
Christina E. arrell
Assistant County Attorney
Date: ;-1 KIIJ~
r
ose T. Sanseverino
Director
~/FJ6
,
Date:
(3/05)
Page 1
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 Opportunity 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 ........................................................................................................13
Paragraph 11- Lead Based Paint Hazard ................................................................................................14
Paragraph 12 - Fire Prevention and Control Act ....................................................................................14
Paragraph 13 - Federal Labor Standards Provisions.............................................:................................. 14
Paragraph 14 - Compliance with Air and Water Acts ............................................................................15
Paragraph 15 - Relocation Assistance and Acquisition of Real Property ...............................................16
Paragraph 16 - Consolidated Plan ..........................................................................................................16
Paragraph 17 - Displacement.............................................................. .............. ...................................... 17
Paragraph 18 - Obligations of Municipality with Respect to Certain Third Party Relationships ........... 17
Paragraph 19 - Conflict of Interest .........................................................................................................19
Paragraph 20 - Books and Records of Accounting................................................................................. 20
Paragraph 21 - Program Income ............................................................................................................21
Paragraph 22 - Real Property ........................................... ......................................................................21
Paragraph 23 - Reversion of Assets ........................................................................................................ 22
Paragraph 24 - Equipment- Vesting of Title......................................................................................... 22
Paragraph 25 - Financial Statements and Audit Requirements............................................................... 22
Paragraph 26 - Use of Federal Funds for Lobbying............................................................................... 24
Paragraph 27 - Political Activities......................................................................................................... 25
Paragraph 28 - Constitutional Prohibition............................................................................................. 25
Paragraph 29 - Indenmification.............................................................................................................. 25
Paragraph 30 - Assignment or Subcontracting ....................................................................................... 26
Paragraph 31 - Entire Agreement ..........................................................................................................26
Paragraph 32 - No Oral Changes ...........................................................................................................26
Paragraph 33 - Severability, No Implied Waiver................................................................................... 26
Paragraph 34 - Independent Contractor................................................................................................. 27
Paragraph 35 - Offset of Arrears or Default...........................................................................................27
Paragraph 36 - Payments Contingent upon Federal Funding .................................................................27
Paragraph 37 - Confidentiality ... ...... ..................................... ......... ............................ ........................... 27
Paragraph 38 - Publications.................................................................................................................... 28
Paragraph 39 - Copyrights...................................................................................................................... 28
Paragraph 40 - Patents............................................................................................................................ 28
Paragraph 41 - Agreement Subject to Appropriation of Funds.............................................................. 29
Paragraph 42 - Insurance.................... ................................................................................................... 29
Paragraph 43 - Public Disclosure Statement.......................................................................................... 30
Paragraph 44 - Termination............................................................:...................................................... 30
Paragraph 45 - Governing Law.............................................................................................................. 34
Paragraph 46 - Force Majeure. ...................... ......................................................................................... 34
Paragraph 47 - Set-Off Rights................................................................................................................ 34
Paragraph 48 - Certification................................................................................................................... 34
Paragraph 49 - Gratuities......................................................................................... ..35
Paragraph 50 - Child Sex Abuse Reporting........ ....... ................. .......... ........... .................35
Paragraph 51 - Civil Actions........ ............... ....... ........... ............................. ....... ..........35
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Paragraph 52 - Funding Identification...... ........... ................. ........... .... ... ...... ............ ..... 35
Paragraph 53 - Effective Dates................................................................................... .36
Paragraph 54 - Union Organizing ..... ....... ....................... ...... ..... .................. ....... ...................................36
Paragraph 55 - Addresses For Notices, Claims and Reports.................................................................. 37
EXHIBIT B:
EXHIBIT C:
Project Description, Budget, Use of Funds ..............................................................................40
Project Descriptions............................................................................................. ...................41
Other Suffolk County Exhibits:
Municipality'sNendor's Public Disclosure Statement Form SCEX 22; rev. 3/30/04 (form
consists of two pages; requires signature & notarization)
11
Union Organizing CertificationlDeclaration (form consists of two pages; requires signature)
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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 ofthis Agreement, the Municipality must
submit evidence, and the County must certify, prior to any conunittnent 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) Supervision: 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 Municipality 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 County
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.
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The Municipality shall not be reimbursed for any 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
Exhibit A). Activities which require compliance with Federal regulations 24 CFR Part 58 environmental standards
precedent to Release of Funds are attached 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 part thereof, which occurred prior to the expiration of the review and comment period. Activities subject to
compliance with Executive Order 12372.re indicated in Exhibit B. Compliance with Executive Order 12372 shall
also apply to all new or revised activities developed subsequent to Exhibits Band 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 HOD 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 committed 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 Municipality shall submit a standard Suffolk
County Payment Voucher listiug all information regarding the services and other items for which expeuditures 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 County, shall be furnished to the
Department pursuant to, and as limited by, the Regulations for Accounting Procedures for Contract Agencies of the
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Suffolk County Department of Audit and Control. The Municipality shall be entitled to no more than compensation
andlor reimbursement as provided in this Agreement for the completion of all work, labor and services contemplated
in this Agreement, and in full reimbursement of all travel and other expenses of every nature and kind whatsoever,
notwithstanding the total amount of time expended or expenses actually incurred. In addition to any other remedies
that the County may have, failure to supply the required documentation will disqualify the Municipality from any
further County contracts.
Payment of all vouchers shall be according to a schedule prescribed by the County, provided funds are
authorized for that purpose from the Federal Government. All claims presented shall be on Standard County
Vouchers, in a form prescribed by the County, State or Federal Governments. Any funds advanced but not
expended at the end of the contract period shall inunediately 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 subntitted 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 ifby January I" of each year its total balance of unexpended 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 I" 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 subntit information to the County regarding the reasons for lack of
performance and actions being taken to remove the causes for delay.
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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.
d) Issue a letter of waming 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).
f) Condition the Municipality's allocation of Community Development funds in the succeeding year.
g) Reduce the Municipality's allocation 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 County 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 fmancial assistance for acquisition or
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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 ofHUD approval ofthe recipient's submission of the grantee's annual
action plan, funds provided under this part shall not be 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
regardiog such hazards; and flood iosurance is obtaioed io 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 io which the sale of flood insurance has been made available under
the Flood Insurance Act of 1968, as amended, 42 USC 4001, et. seg., 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 construction 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 with 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 the grounds of race, color, creed, ancestry, disability or other handicap, age,
maritallfamilial status, military status, national origin, sexual orientation, religion or sex be excluded from
participation io, be denied the benefits of, or be subjected to discrimination under any program or activity funded io
whole or io 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 duriog employment, without regard to their race, color, creed, ancestry,
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disability or other handicap, marital/familial status, military status, religion, sex, sexual orientation, 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 tennination; rates of payor 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. The Municipality shall state that all qualified applicants will receive
consideration for employment without regard to race, color, religion. sex, sexual orientation, age, creed, ancestry,
disability or other handicap, maritaVfamilial 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 this Paragraph, and will require all of
its contractors for such work to incorporate such requirements in all subcontracts for program work.
The Municipality shall have its own AffIrmative Action Plan which meets Federal requirements
on file with the County Cornmunity Development OffIce and approved by HUD or be bound by a Consortium-wide
AffIrmative Action Plan developed by the County and applicable to local 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.
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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:
I. The Municipality 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 employment, free from such discrimination. Such action shall include, but not be
limited to, the following: 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 employment without regard to race, color, religion, sex, age, creed, ancestry, disability
or other handicap or marital/familial status or national origin.
3. 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.
4. The Municipality will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
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5, The Municipality will furnish all information and reports required by Executive Order 11246 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.
6, 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 rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law,
7, The Municipality will include the portion of the sentence immediately preceding Paragraph I
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 further 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.
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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 further 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 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 Municipality 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 shall 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 Municipality shall provide such copies of24 CFR Part 135 as may be necessary for the
information of parties to contracts required to contain the Section 3 clause.
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d) Minority Business and Women's Business Enterprise
The Municipality mustcomply with Executive Orders 11625 and 12432 and at a maximum make
good faith efforts to encourage the use of minority and women's business enterprise in connection with Conununity
Development funded activities.
The Municipality, to the maximum extent possible, shall ensure the inclusion of minorities and
women, and entities owned by minorities and women, including, without limitation, real estate fIrms, construction
fIrms, appraisal fums, management fInns, financial institutions, investment banking frrms, underwriters,
accountants, and providers of legal services, in all contracts entered into with such persons or entities, public and
private, in order to facilitate the activities of the Conununity Development Program.
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 in 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 fmancial 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 housing, the financing of housing, or the provision of brokerage services, including 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 status, military status or national origin. The Municipality
is required to administer all programs and activities related to housing and conununity development in a manner to
affrrmatively further fair housing.
In addition, the Municipality must make Conununity 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 Discrimination Act of 1975, the Americans With Disabilities Act
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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 of24 CFR Part 35, subparts A, Band 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 construction work
places, certified clearances and record keeping.
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 to the provisions of the Fire
Administration Authorization Act of 1992 (Pub. L. 102-522). The Municipality shall be required to 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 V.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
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meeting the requirements of29 CFR Sees 5.0-5.32 and in such contracts in excess ofTen Thousand Dollars
($10,000), 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 IS, 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:
a) A stipulation by the contractor or subcontractors that any facility to be utilized in the performance
ofany 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 1 857c-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, EP A, indicating that a facility
utilized or to be utilized for the contract is under consideration to be listed on the EP A List of
Violating Facilities.
d) Agreement by the Municipality that he will include or cause to be included the criteria and
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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)( I) 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 as amended and the
government-wide ORA 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.
The Municipality shall carry out the relocation process in such a manner as to provide such displaced
persons with uniform and consistent services, including any services required to insure that the relocation process
does not result in different or separate treatruent 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 government-wide ORA regulations at 49 CFR
Part 24.
16. Consolidated Plan:
The Municipality, as party 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
HOD. The Municipality shall also be contractually and legally bound to use its best efforts to ensure the carrying
out of the Consolidated Plan which is currently in effect.
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17. Displacement:
This Agreement is subject to the requirements of Section I04(d) of the ACT which requires the
implementation of a policy to minimize the displacement of persons from 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 fully 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-party subrecipient shall be in compliance with all
applicable Federal, state, and local laws, rules and regulations and shall include the following provisions in a written
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.
b) Specification of records, reports and data to be maintained or submitted.
c) 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. All program income
shall be substantially disbursed for agreed-upon activities before the Municipality shall
request additional cash withdrawals for the same activities.
d)
Requirement of compliance with applicable OMB Circulars.
e)
Compliance with the following Federal law and regulations:
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1) 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
marital/familiar 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 570.200U) which prescribes the use of CDBG funds by religious
organizations.
t) Indication that the Agreement may be terminated for default, inability, or failure to
perform.
g) Requirement that any CDBG funds on hand or accounts receivable at the time of
termination 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:
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I) 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 detennined 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:
I) 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, grant, 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", in accordance with its instructions.
19. Conflict of Interest:
a) Interest of Certain Federal Officials: No member of or Delegate to the Congress of the
United States and no Resident Commissioner shall be admitted to any share or part of this Agreement or to any
benefit to arise from the same.
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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
provision prohihiting such interest pursuant to the purposes of this paragraph.
c) Prohibition Against Payments of Bonus or Commission: The assistance provided under
this Agreement shall not be used in the payment of any bonus or commission 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 Community
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 conceming
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 otheIVlise. 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
. HUDIEEO-4 Employment Data Form
. Minority Business Enterprise Report
. Other data as may be required by HUD
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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 of this 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 require 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 of a 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 pall 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 attributable 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
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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 tennination of the Cooperation Agreement, or such
longer period of time as detennined appropriate by the County; or
b) Disposed of in a manner which results in the County being reimbursed in the amount of
the current fair market value of the property less any portion thereof attributable to
expenditures of non-Community 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) Notwithstanding 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 [mancial 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 ofthe 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 accordance with generally accepted accounting principles. The
Municipality is encouraged to solicit requests for proposals (RFPs) from a number of qualified accounting finns and
to review carefully the costs of, and qualifications for, this type of work before selecting the Auditor.
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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. suffieient auditing experience in the nonprofit, governmental or profit-making
areas, as applicable; and
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 $500,000 or more of Federal monies, whether as a recipient expending awards received directly from
Federal awarding agencies, or as a subreeipient 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-l33 (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 Municipality must submit a statement in writing, certified by its chief fmaneial officer, which
states the amount of Federal 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 ofthe 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.
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t) Copies of all fmancial 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.
h) The Municipality agrees that it will comply with the applicable provisions of Federal Office
Management and Budget Circulars A-87, A-IIO, 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 ofany 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 ofa Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the Municipality shall complete and submit Standard Form LLL, "Disclosure Form
to Report Lobbying", in accordance with its instructions.
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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 570.200U) of the federal regulations regarding the use of Community Development funds by religious
organizations.
29. Indemnification:
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 hannless the County and its officers,
officials. contractors, employees, agents and other persons from and against all liabilities, fmes, penalties, actions,
damages, claims, demands, judgments, losses, costs, expenses, suits or actions and reasonable attorneys' fees, arising
out of the acts or omissions or negligence of the Municipality, in connection with the services described or referred
to in this Agreement. The Contractor shall defend the County and its officers, officials, employees, contractors,
agents and other persons in any 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 Contractor, its officers, officials,
employees, subcontractors or agents, is any, in COlU1ection with the services described or referred to in this
Agreement.
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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 attempt 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 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 ofthis 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
notwithstanding any such failure or forbearance.
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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
withhold 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
the 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 County for payment of such costs; and provided, further, that the County shall
give the Municipality less than 30 days' prior written notice of such termination or reduction of funding.
37. Confidentiality:
a) The Municipality expressly agrees to preserve the confidentiality of all data and information
shared, received, collected, or obtained as a result of this Agreement. No disclosure, redisclosure 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 further 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 information in confidence and their liability upon breach of confidentiality to all the
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penalties prescribed by law.
b) The Mwricipality 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 Department
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
confomrity with the provision of applicable local, State and Federal laws and regulations.
38. Publications:
The Mwricipality 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
pemrission from the County. Any such publication shall bear a statement acknowledging the cooperation andlor
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, fihns, audio or video or computer tapes, disks or programs, or other materials, for which a copyright may
be granted, the Mwricipality may secure copyright protection. However, the County reserves, 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 body designated by the County, a royalty-free, nonexclusive license to produce or otherwise
use any item so discovered or patented.
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41. Agreement Subject To Appropriation of Funds:
This Agreement is subject to the amount of funds appropriated and any subsequent modifications thereof
by the Suffolk County Legislature, and no liability shall be incurred by the County under this Agreement beyond the
amount of funds appropriated by the Legislature for the program covered by this Agreement.
42. Insurance:
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 writing, such insurance will be as follows:
i. 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 Million 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 furnish 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 ~ 108,
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 furnish 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 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 status as an additional insured on said policy.
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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, nonrenewal, 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 between the County and the Municipality.
f) 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 Administrative Code Section A5-7 and shall file an
update of such statement with the said Comptroller on or before the 3 I" day ofJanuary in each year of this
Agreement's duration. The Municipality acknowledges 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.
44. Termination:
a. Term
This Agreement shall cover the period provided on the first page thereof, unless sooner terminated
as provided below.
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b. Termination by County in the Public Interest
Notwithstanding anything herein to the contrary, in the event that the Commissioner ofthe
Department (hereinafter, the "Commissioner), or histher designee, determines, in histher sole
discretion, that termination is in the best interests of the County, the County reserves the right to
tenninate this Agreement for any reason at any time. Such tennination shall occur upon thirty (30)
days notice of intent to tenninate to the Municipality. Municipality shall have an opportunity for
consultation with the Commissioner prior to tennination.
c. 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 tenninate this
Agreement in whole or with respect to any identifiable part of the program, effective
immediately, or, at its option, effective at a later date specified in the notice of such
tennination to the Municipality.
ii. 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.
iii. 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 Commissioner, 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
the Commissioner. In such event, no prior notice to cure and of intent to terminate shall
be required.
iv. Failure to comply with federal, State or local laws, rules, regulations, or County policies
or directives, may result in immediate termination of this Agreement, at the sole
discretion of the Commissioner. In such event, no prior notice to cure and of intent to
tenninate shall be required.
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v. A failure on the part of Municipality to observe any of the other terms and conditions of
this Agreement on its part to be observed and performed, which failure persists after the
expiration of twenty (20) days from the date the Commissioner gives notice to cure and
of intent to tenninate 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 conunences and prosecutes the same to completion. Soliciting bids,
in good faith, for performance of corrective work shall be deemed conunencement of
such work within the purview hereof.
vi. The notice to cure and of intent to terminate shaU caU 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 hislher designee, in his/her
sole discretion, may tenninate the Agreement. The Commissioner shall give written
notice of such tennination 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 tennination 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 termination.
d. Notice of Termination
i. Notice of termination must be in writing, signed by an authorized official, and sent to the
other party by certified mail, or by messenger, and receipt shall be requested. Notice of
tennination 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 tennination and as may be requested by the Department, the
Municipality shall provide the County with any information, records, or reports that are
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regulations. The Municipality shall also relinquish title and possession of any furniture,
fixtures, equipment, materials or supplies as specified in this Agreement.
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.
e. 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 the 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 termination of the Agreement, that are pursuant to,
and after the Municipality's 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
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.
f. 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 termination.
(3/05)
Page 33
Law No.
Rev. 3/24/05
Community Development Block Grant Agreement
IFMS No.
45. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the State of New York,
without regard to Conflict of Laws. Venues shall be designated in Suffolk County, New York, or the United States
District Court for the Eastern District of New York.
46. Force Majeure:
Neither party shall be held responsible for any delay or failure in performance hereuuder to the extent such
delay or failure is caused by fire, flood, explosion, war, strike, embargo, civil or military authority, act of God, act or
omission of carriers, power failure or similar causes beyond its control ("force majeure conditions"). If any force
majeure condition occurs, the party delayed or unable to perform shall give immediate notice to the other party.
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 this 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 County for any other reason including, without
limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The County shall exercise its
set-off rights in accordance with normal County practices including, in cases of set-off pursuant 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.
48. Certification
The parties to this Agreement hereby certify that, other than the funds provided iu 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 fmandaI 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.
(3/05)
Page 34
Law No.
Rev. 3/24/05
Community Development Block Graut Agreemeut
IFMS No.
49. Gratuities
The Municipality represeuts and warrants that it has uot offered or given any gratuity to auyofficial,
employee or agent of Suffolk County or New York State or of any political party, with the purpose or intent of
securing au 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 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 Couuty 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.nv.us Click on "Laws of Suffolk County" under "Suffolk County Links".
51. Civil Actions
The Municipality represents that it shall uot use any of the moneys received under this Agreement, either
directly or iudirectly, 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.
52. Funding Identification:
The Municipality shall keep the County apprised of any grants or sources of funding 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. If the 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 refunded to the County to the extent that such other funding duplicates funding for the program covered by this
Agreement.
(3/05)
Page 35
Law No.
Rev. 3/24/05
Community Development Block Grant Agreement
IFMS No.
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 aforementioned CD Project(s), and (2) with acceptance by HUD ofa fmaI audit.
54. Union Organizing:
This Agreement may be subject to Local Law No. 26-2003 of Suffolk County concerning Union
Organizing Activities. The Contractor represents and warrants that it has read and is familiar with the requirements
of Article 1, Chapter 466 of the Suffolk County Local Laws, "Use of County Resources to Interfere with Collective
Bargaining Activities". County Contractors (as defmed) shall comply with all requirements of Local Law No.
26-2003 including the following prohibitions:
a) The Contractor shall not use County funds to assist, promote, or deter union organizing.
b) No County funds shall be used to reimburse the Contractor for any costs incurred to assist,
promote, or deter union organizing.
c) The County of Suffolk shall not use County funds to assist, promote, or deter union organizing.
d) No employer shall use County property to hold a meeting with employees or supervisors if the
purpose of such meeting is to assist, promote, or deter union organizing.
If Contractor services are performed on County property, the Contractor must adopt a reasonable access
agreement, a neutrality agreement, fair communication agreement, nonintimidation agreement and a majority
authorization card agreement.
If Contractor services are for the provision of human services and such services are not to be performed on
County property, the Contractor must adopt, at the least, a neutrality agreement.
Under the provisions of Local Law No. 26-2003, the County shall have the authority, under appropriate
circumstances, to terminate this Agreement and to seek other remedies as set forth therein, for violations of this
Law.
(3/05)
Page 36
Law No.
Rev. 3/24/05
Community Development Block Grant Agreement
IFMS No.
55. Addresses For Notices, Claims and Reports
a) Notices Relating to Payments, Reports, or Other Submissions
Any conununication, notice, claim for payment, report, or other submission necessary or required
to be made by the parties regarding this Agreement shall be in writing and shall be given to the County or the
Contractor or their designated representative at the following addresses or at such other addresses that may be
specified in writing by the parties and must be delivered as follows:
For the County:
By Registered or Certified Mail in Postpaid Envelope or by
Nationally Recognized Courier Service
Suffolk County Office of Community Development
H. Lee Dennison Building
P.O. Box 6100
100 Veterans Memorial Highway
Hauppauge, N.Y. 11788
Attn: Joseph T. Sanseverino, Office of Community Development
and
For the Contractor:
By Registered or Certified Mail in Postpaid Envelope or by
Nationally Recognized Courier Service
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.
b) Notices Relating to Insurance
Any communication, notice or other submission regarding insurance requirements under this
Agreement shall be in writing and shall be given to the County or to the Contractor or their designated representative
at the following addresses or at such other addresses that may be specified in writing by the parties and must be
delivered as follows:
For the Department:
By Registered or Certified Mail in Postpaid Envelope or by
Nationally Recognized Courier Service
(3/05)
Suffolk County Office of Community Development
H. Lee Dennison Building
P.O. Box 6100
100 Veterans Memorial Highway
Hauppauge, N.Y. 11788
Attn: Joseph T. Sanseverino, Office of Community Development
Page 37
Law No.
Rev. 3/24/05
Community Development Block Grant Agreement
IFMS No.
and
Christine Malafi, County Attorney
Suffolk County Department of Law
H. Lee Dennison Building
100 Veterans Memorial Highway
Hauppauge, N. Y. 11788
and
For the Contractor:
By Registered or Certified Mail in Postpaid Envelope or by
Nationally Recognized Courier Service
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.
c. Notices Relating to Indemnification and Termination
Any communication or notice regarding indemnification or termination shall be in writing and
shall be given to the County or the Contractor or their designated representative at the following addresses or at such
other addresses that may be specified in writing by the parties and must be delivered as follows:
For the County:
By Registered or Certified Mail in Postpaid Envelope or by
Nationally Recognized Courier Service
Suffolk County Office of Community Development
H. Lee Dennison Building
P.O. Box 6100
100 Veterans Memorial Highway
Hauppauge, N. Y. 11788
Attn: Joseph T. Sanseverino, Office of Community Development
and
Christine Malafi, County Attorney
Suffolk County Department of Law
H. Lee Dennison Building
100 Veterans Memorial Highway
Hauppauge, N.Y. 11788
and
(3/05)
Page 3B
Law No.
Rev. 3/24/05
Community Development Block Grant Agreement
IFMS No.
For the Contractor:
By Registered or Certified Mail in Postpaid Envelope or by
Nationally Recognized Courier Service
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.
Notices sent under paragraphs a, b, and c above shall be deemed to have been duly given (i) if mailed by
registered or certified mail, upon the seventh business day after the mailing thereof; or (ii) ifby nationally
recognized overnight courier service, upon the first business day subsequent to the transmittal thereof.
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).
d) Notices Relating to Litigation
i. Any notice by either party to the other with respect to the commencement of any lawsuit
or legal proceeding against the other, shall be effected pursuant to and governed by the New York State Civil
Practice Law and Rules or the Federal Rules of Civil Procedure, as applicable.
11. In the event the Contractor receives a notice or claim or becomes a party (plaintiff,
petitioner, defendant, respondent, third party complainant, third party defendant) to a lawsuit or any legal proceeding
related to this Agreement, the Contractor shall immediately forward to the County Attorney, at the addresses set
forth in sub-paragraph b above, copies of all papers filed by or against the Contractor. Notices shall be as provided
in paragraph (c) above.
-END OF TEXT-
(3/05)
Page 39
EXHIBIT B
PROJECT DESCRIPTION AND BUDGET
CONDITIONAL APPROVALS OF USE OF FUNDS
TOWN OF SOUTHOlD
2006 (YEAR 32)
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 relalaed 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-06 Home Improvement Program
103602-05-06 North Fork Housing Alliance
104901-05l-06 Robert Perry Day Care Center
105101-13-06 First Time Buyers Program
105501-03M-05 Family Service league Child Care Center
105601-05-06 Dominican Sisters
105701-05-06 Community Action South old Town
105801-05-06 Peconic Community Council - Maureen's Haven
109901-21A-06 Administration
$40,000
$10,000
$7,500
$43,380
$7,500
$5,000
$5,000
$5,000
$15,620
$139,000
/./0
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 offederal 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 1/1
U.S. Department of Housing & Urban Development
CPO Consolidated Plan
Listing of Proposed Projects
Project 10/ Project Title/Priority/ HUD Matrix CodelTitle/ Funding Sources
LocallD Objective/Description Citation/Accomplishments
0063 1 036-NORTH FORK HOUSING ALLIANCE 05 Public Services (General) CDBG $ 10,000
ESG $0
103602-05-06 Public Services 570.201 (e) HOME $0
HOPWA $0
Create suitable living environments 300 People (General)
TOTAL $ 10,000
TOWN OF SOUTHOLD
Provide housing counseling to Total Other Funding $0
kmer income households
Help the Homeless?
Help those with HIV or AIDS?
No
No
Start Date: 04101/06
Completion Date: 03131/09
Eligibility:
Subrecipient:
Location(s):
570.208(a)(2) - Low / Mod L1mtted Clienteie
Subrecipient Private 570.500(0)
Addresses
11 South Street, Greenport, NY 11944
U.S. Department of Housing & Urban Development
CPO Consolidated Plan
Listing of Proposed Projects
Project 10/ Project Title/Priority/ HUD Matrix CodelTitle/ Funding Sources
LocallD Objective/Description Citation/Accomplishments
0064 l049-ROBERT PERRY DAY CARE CENTER 05L Child Care Services CDBG $ 7.500
ESG $0
104901-05L-OO Public Services 570.201 (e) HOME $0
HOPWA $0
Create suitable living environments 25 People (General)
TOTAL $ 7.500
TOWN OF SOUTHOLD
Provide assistance to a Total other Funding $0
child care facility serving lower income families
Help the Homeless?
Help those with HIV or AIDS?
No
No
Start Date: 04101/06
Completion Date: 03/31/09
Eligibility:
SUbrecipient:
Location(s):
570.208(a)(2) - Low / Mod Um~ed Clientele
Subrecipient Private 570.500(c)
Addresses
612 Third Street, Greenport, NY 11944
u.s. Department of Housing & Urban Development
CPO Consolidated Plan
Listing of Proposed Projects
Project 10/
Local 10
Project Title/Priority/
ObjectivelDescription
HUO Matrix CodelTitle/
Citation/Accomplishments
Funding Sources
0065
1051-FIRST STIME BUYERS PROGRAM
13 Direct Homeownership Assistance
COBG
ESG
HOME
HOPWA
$ 43,380
$0
$0
$0
105101-13-06
Housing
570.201(n)
Provide decent affordable housing
12 Housing Units
TOWN OF SOUTHOLD
Assistance to lower income
families with downpayment toward the purchase of a house
TOTAL
$ 43,380
Total other Funding
$0
Help the Homeless?
Help those with HIV or AIDS?
No
No
Start Date: 04101106
Completion Date: 03131109
Eligibility:
Subrecipient:
Location(s):
570.208(a)(3) - Low I Mod Housing
local Govemment
Community Wide
u.s. Department of Housing & Urban Development
CPO Consolidated Plan
Listing of Proposed Projects
Project 10/ Project Title/Priority/ HUO Matrix Code/Title/ Funding Sources
Local 10 ObjectivelDescription Citation/Accomplishments
0066 lOSS-FAMILY SERVICE LEAGUE CHILD CARE CENTER OSL Child Care Services CDBG $ 7,500
ESG $0
10550I-05L-06 Public Services 570.201 (eJ HOME $0
HOPWA $0
Create suitable living environments 50 People (General)
TOTAL $ 7,500
TOWN OF SOUTH OLD
Provide assistance to a Total Other Funding $0
child care facility serving lower income families
Help the Homeless?
Help those wilh HIV or AIDS?
No
No
Start Date: 04101106
Completion Date: 03131109
Eligibility:
Subrecipient:
Location(s):
570.208(a)(2) - Low I Mod Limned Clientele
Subrecipient Private 570.500{c)
Addresses
150 Aldrich lane, Laurel, NY 11948
U.S. Department of Housing & Urban Development
CPD Consolidated Plan
Listing of Proposed Projects
Project 10/ Project Title/Priority/ HUO Matrix CodelTitle/ Funding Sources
Local ID ObjectivelDescription Citation/Accomplishments
0067 1056-DOMINICAN SISTERS 05 Public Services (General) CDBG $ 5,000
ESG $0
105601-05-06 Public Services 570.201 (e) HOME $0
HOPWA $0
Create suitable living environments 50 People (General)
TOTAL $ 5,000
TOWN OF SOUTHOLD
Provision of home health Total other Funding $0
services for lower income households
Help the Homeless?
Help lhose with HIV or AIDS?
No
No
Start Date: 04101106
Completion Date: 03131/09
Eligibility:
Subrecipient:
Location(s):
570.208(a)(2) -low I Mod limtted Clientele
Subrecipient Private 570.500(c)
Addresses
103-6 W. Montauk Highway. Hampton Bays, NY 11946
U.S. Department of Housing & Urban Development
CPO Consolidated Plan
Listing of Proposed Projects
Project 10/ Project Title/Priority/ HUO Matrix CodelTitle/ Funding Sources
LocallD ObjectivelDescription Citation/Accomplishments
0068 1057-COMMUNITY ACTION SOUTHOLD TOWN 05 Public Services (General) CDBG $ 5,000
ESG $0
105701-05-08 Pubfic Services 570.201 (e) HOME $0
HOPWA $0
Create suitable living environments 50 People (General)
TOTAL $ 5,000
TOWN OF SOUTHOLD
Provision for emergency Total other Funding $0
assistance, food programs, crisis intervention, and
clothing
Help the Homeless?
Help those with HIV or AIDS?
No
No
Start Date: 04101106
Completion Date: 03131109
Eligibility:
Subrecipient .
Location(s}:
570.208(a)(2) - low I Mod Umned Clientele
Subrecipient Private 570.500(c)
Addresses
116 South Street, Greenport, NY 11944
U.S. Department of Housing & Urban Development
CPO Consolidated Plan
Listing of Proposed Projects
Project 10/
Local 10
Project Title/Priority/
Objective/Description
HUD Matrix Code/Title/
Citation/Accomplishments
Funding Sources
0069
1058-PECONIC COMMUNITY COUNCIL - MAUREEN'S HAVEN 05 Public Services (General)
CDBG
ESG
HOME
HOPWA
$5,000
$0
$0
$0
105801-05-06
Homeless & HIV/AIDS 570.201 (e)
TOWN OF SOUTHOLD
Assistance to homeless
shelters providing meals and sleeping facilities
10 Persons who are Homeless
TOTAL
$5,000
.Total Other Funding
$0
Help the Homeless?
Help those with HIV or AIDS?
Ves
No
Start Date: 04101/06
Completion Date: 03131/09
Eligibility:
Subrecipient
Location(s):
570.208(a)(2) - Low / Mod Umfted Clientele
Subrecipient Private 570.500(c)
Addresses
554 East Main Street, Riverhead, NY 11901
U.S. Department of Housing & Urban Development
CPO Consolidated Plan
Listing of Proposed Projects
Project 101
Local 10
Project TitlelPriorityl
ObjectivelOescription
Funding Sources
HUO Matrix CodelTitlel
CitationlAccomplishments
0070
l099-ADMINISTRATION
109901-21A-Q6
Planning & Administration
TOWN OF SOUTHOLD
Program administration
Help the Homeless?
Help those with HIV or AIDS?
Eligibility:
Subrecipient: .
Location(s):
53095 Main Road, Southold, NY 11971
21 A General Program Administration
$15,620
$0,
$0
$0
CDBG
ESG
HOME
HOPWA
570.206
ON/A
TOTAL
$ 15,620
T ot.al Other Funding
$0
No
No
Start Dale: 04101/06
Completion Date: 03131/09
Local Government
Addresses
. .
Contractor'sNendor's Public DiSclosure
Statement Documents
Suffolk County Fonn 22
Contractor's/Vendor's Public Disclosure Statement
Pursuant to Section AS.7 of the Suffolk County Administrative Code, this Public Disclosu.re 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 I through II below, so indicate at
paragraph number 12 below setting forth the reason for such exemption. Notwithstanding such exempt
status, you must execute this fonn below before a notary public.
1. Contractor'slVendor's Name ~N7 vi Sn" \\10\'"
Address ?' 3 D95 a"ff d2oa~
City and State So(~ \. t-I Y Zip Code //f 7/
2. Contracting Department's Name '
Address
3. Payee Identification or Social Security No.
4. Type of Business_Corporation_Partnership_Sole Proprietorship_Other
S.a Is contractor/vendor entering into or has contractor/vendor entered into a contract with Suffolk
County in excess of $ I ,0007 _Yes_No.
S.b Has contractor/vendor entered into three or more contracts, including the one for which you are
now completing this fonn, with Suffolk County, any three of which, when combined. exceed
$1,0007 _Yes_No
6. 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
necessary.)
7. List a]1 names and addresses of those individual 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).
8. Does contractor/vendor derive 50% or more of its total revenues from its contractual or vendor
relationship with Suffolk County? _ Yes_No.
9. 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.)
10. The undersigned shall include this Contractor'sfVendor's Public Disclosure Statement with the
contract. (Describe general nature of the contract.)
Page 1 of 3 Public Disclosure Form
11. 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 Unifonn Commercial Code of the State of New York. In
addition to al] 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.
] 2. 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 I through] I herein:
__ a) Hospital
-.1L.... b) Educational or goverrumental entities
_ c) Not-for-profit corporations
- d) Contracts providing for foster care, family day-care providers or child protective
servlces
Please check to the left side of the appropriate exemption.
13. VerificatioD. 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 hislher own kn edge, true.
O d /"nft';l (
ate: i'iJ93!J.l , 2006
Printed Name of Signer:
Title of Signer:
Name of Contractor/V end or:
Signed:
Scott A. R
Supervisor
Town of Southold
UNIFORM CERTIFICATE OF ACKNOWLEDGMENT
(Within New York State)
ST A TE OF NEW YORK)
COUNTY OF SUFFOLK) ss.:
2006
;Sl- f .1>..., ~ 1 /n~ '(. h "',,,,,. b r h d .
On the --L- day 0 ~ ln t e year L'\.1tJOf elore me, t e un erslgned, personally appeared
Scott A. Russell 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/herltheir capacity(ies) and that by his/her/their signature(s)
on the instrument, the individua](s), or the person upon behalf of which the individual(s) acted, executed
the instrument.
(signature ~~f.eiVl~~-::~owledgement)
LINDA J CO?:~~ew York
NOTA%6~~i~~6~~"sUffOlk CO'1Yb
~~mO Expires Deceffiber 31, 20
Page 2 of 3 Pubiic Disclosure Form
UNIFORM CERTIFICATE OF ACKNOWLEDGEMENT
(Witbout New York State)
STA TE OF
)
)ss. :
)
COUNTY OF
On the day of in the year 2004 before me, the undersigned, personally
appeared 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(ies) 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'slVendor's Public Disclosure Statement Form (Rev. 3/04)
Page 3 of 3 Public Disclosure Form
C :\0 OCUME-l \JSANSE-l \LOCA.LS-I\Temp\Su fLCo, Ex hi bit Pub.Dlsc. rormSQP Oll.doc
Suffolk County, New York
Department of Labor
II
SUFFOLK COUNTY DEPARTMENT OF LABOR - LABOR MEDIATION UNIT
UNION ORGANIZING CERTlFICA TlON/DECLARATION - SUBJECT TO AUDIT
If the following definition of "County Contractor" (Union Organizing Law Chapter 466-2) applies to the
contractor's/beneficiary's business or transaction with Suffolk County, the contractor/beneficiary must complete Sections I,
III, and IV below. If the following definitions do not apply, the contractor/beneficiary must complete Sections II, III and IV
below. Completed forms must be submitted to the awarding agency.
County Contractor: "Any employer that receives more than $50,000 in County funds for supplying goods or services pursuant to a
written contract with the County of Suffolk or any of its agencies; pursuant to a Suffolk County grant; pursuant to a Suffolk County
program; pursuant to a Suffolk County reimbursement for services provided in any calendar year: or pursuant to a subcontract with
any of the above."
Section I
The Union Organizing Law applies to this contract. IIwe hereby agree to comply with all the provisions of Suffolk
County Local Law No. 26-2003, the Suffolk County Union Organizing Law (the law) and, as such shall not use
County funds to assist, promote, or deter union organizing (Chapter 466-3 A), nor seek reimbursement from the
County for costs incurred to assist, promote, or deter union organizing. (Chapter 466-3 B)
Check if
Applicable
IIwe further agree to take all action necessary to ensure that County funds are not used to assist, promote, or deter
union organizing. (Chapter 466-3 H)
[i(]
IIwe further agree that if any expenditures or costs incurred to assist, promote, or deter union organizing are made,
IIwe shall maintain records sufficient to show that no County funds were used for those expenditures and. as
applicable, that no reimbursement from County funds has been sought for such costs. I/we agree that such records
shall be made available to the pertinent County agency or authority, the County Comptroller, or the County
Department of Law upon request. (Chapter 466-3 I)
IIwe further affirm to the following:
. IIwe will not express to employees any false or misleading information that is intended to influence the
determination of employee preferences regarding union representation;
. IIwe will not coerce or intimidate employees, explicitly or implicitly, in selecting or not selecting a bargaining
representative;
. IIwe will not require an employee, individually or in a group, to attend a meeting or an event that is intended to
influence his or her decision in selecting or not selecting a bargaining representative;
. I/we understand my/our obligation to limit disruptions caused by prerecognition labor disputes through the
adoption of non confrontational procedures for the resolution of prerecognition labor disputes with employees
engaged in the production of goods or the rendering of services for the County; and
. I/we have or will adopt any or all of the above-referenced procedures, or their functional equivalent, to ensure
the efficient, timely, and quality provision of goods and services to the County. I/we shall include a list of said
procedures in such certification.
I1we further agree that every County contract for the provision of services, when such services will be performed on
County property, shall include a requirement that IIwe adopt a reasonable access agreement. a neutrality agreement.
fair communication agreement, no intimidation agreement, and a majority authorization card agreement.
I/we further agree that every County contract for the provision of human services, when such services are 110t to be
performed on County property, shall include a requirement that J1we adopt, at the least, a neutrality agreement.
l/we understand that the efficient, timely, and nondisruptive provision of goods and services is a paramount financial
interest of the County of Suffolk and as such, the County expects the potential County contractor to protect the
County's financial interest by adopting nonconfrontationaJ procedures for the orderly resolution of labor disputes,
including, but not limited to, neutrality agreements, majority authorization card agreements, binding arbitration
agreements, fair communication agreements, nonintimidation agreements, and reasonable access agreements,
DOL.LOI (6/05)
. .
~
Suffolk County, New York
Department of Labor
Section II
The Union Organizing Law does not apply to this contract for the following reason(s):
D
Check if
Applicable
Section III
Contractor Name:
Town of Southo1d
Federal Employer 10#: 11- 6 0 0 19 3 9
?
Amount of Assistance: /3'1 =x:;>
/
Contractor Address:
P.O. Box 1179, 53095 Main Road
Southo1d, NY
11971-0959
Vendor #:
Contractor Phone #:
(631) 765-1889
Description of project or service:
Co 'B &
f't.t "'1>, n~
Section IV
J declare under penalty of pernry under the Laws of the State of New York that the undersigned is authorized to provide this
certification, and that the a is true and correct.
l'YIA7
1\r-LJ /
Date
?onh
Authorized Signa re
Scott A. Russell, Supervisor
Print Name and Title of Authorized Representative
DOL-LOI (6/05)
SOUTH OLD TOWN BOARD
PUBLIC HEARING
December 5, 2006
8:00 PM
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN the Town Board of the
Town of Southold is proposing amendments to the Community Development Block
Grant 2005 and the 2006 Community Development Block Grant Program Budget, as
follows to wit:
Current New
Proi ect Budget Increase Decrease Budget
First Time Buyers
Program - 2005 $61,500 -0- $61,500 -0-
First Time Buyers
Program - 2006 $43,380 -0- $43,380 -0-
Home Improvement
Program - 2006 -0- $104,880 -0- $104,880
RESOLVED that the Town Board of the Town of South old hereby sets 8:00 PM
Tuesday, December 5, 2006, 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.
There is a decrease of$61,500 in the project called 'First Time Buyers' in 2005. There is
a decrease of$43,380 in the same program for 2006. There is an increase of$104,880 of
the Home Improvement Program of2006. So they balance. This has appeared as a legal
in the local newspaper, the Suffolk Times newspaper and it has also appeared outside on
the Town Clerk's bulletin board and I have no further information on it.
SUPERVISOR RUSSELL: Would anybody like to come up and address the Town
Board on this specific public hearing? (No response) I see none. Can I get a motion to
close the hearing?
* * * * *
~kt:~Q~
Eliz eth A. Neville
Southold Town Clerk
Town of South old - Letter
o ' ~CL
Board Meeting of~mber 5, 2006
RESOLUTION 2006-949
ADOPTED
Item # 27
DOC ID: 2369
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-949 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 5, 2006:
WHEREAS that the Town Board of the Town of Southold held a public hearing at 8:00 PM Tuesday,
December 5, 2006 on proposed amendments to the Community Development Block Grant 2005 and the
2006 Community Development Block Grant Program Budget at which time all interested persons were
given an opportunity to be heard, now therefore be it
RESOLVED that the Town Board of the Town of South old hereby amends the Community
Development Block Grant 2005 and the 2006 Community Development Block Grant Proe:ram
Bude:et as follows:
Proiect
Current
Budget
Increase
Decrease
New
Budget
First Time Buyers
Program - 2005
$61,500
-0-
$61,500
-0-
First Time Buyers
Program - 2006
$43,380
-0-
$43,380
-0-
Home Improvement
Program - 2006
-0- $104,880 -0-
aj./~~~t~.
Elizabeth A. Neville
SouthoId Town Clerk
$104,880
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
Generated December 8, 2006
Page 34
#8129
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
Candice Schott of Mattituck, in said county, being duly sworn, says
that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper,
published at Mattituck, in the Town of Southold, County of Suffolk and State of
New York, and that the Notice of which the annexed is a printed copy, has been
regularly published in said Newspaper once each week for 1 week(s),
,"",",.;voly. oomm,",;og oolh, 30th day of ~vom..' 2006~ ~
~dr. ~ ~-
Principal Clerk
Sworn to before me this
2006
I
day of
f).~
~lVS--httL U3v1 L
CHRISTINA VOllNSKI
NOTARY PUBLIC.ST/,1E OF New YORK
No. 01.V()~~00Uf..lO
Quantl.a I" :'lj"oil< County
commlult>n b..I'~' F~l>I""rV 2$, 2008
LEGAL NOTICE
. _H..... .
NonCE IS HEREBY GIVEN the Town Borud of the Town of Southold is pro.
posing amendments to the Community Development Block Grant 2005 and the 2006
Community Development Block Grant Program Budget, as follows to wit:
Current New
Budlle! Increase Decrease Budllet
1
'1
I
!
Prrnect
First Ttme Buyers
Program - 2005
First TlOle Buyers
Program - 2006
Home Improvement
Program. - 2006 -(I. $104,880 -0- $104,880
RESOLVED that the Town Board of the Town of Southold hereby sets 8:00 PM
Thesday, December 5, 2006, Soulhold Town Hall, 53095 Main Road, Southold, New
Y~rk 11971, as the time and place for a Public Hearing to hear citizens on the afore.
s31d proposed amendments. Interested citizens should attend this meeting to com-
ment on the proposed changes.
BY ORDER OF TIlE SOUTHOLD TOWN BOARD OF TIlE TOWN OF
SOUTHOLD
$61,500
-0-
$61,500
-ll-
$43,380
-0-
$43,380
-ll-
rj
I
,
.,
i]
1
I
,I
,
,
November 21, 2006
8129-1 T 11/30
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
i
I
'I
.
.
LEGAL NOTICE
Public Hearing
NOTICE IS HEREBY GIVEN the Town Board of the Town of South old is proposing
amendments to the Community Development Block Grant 2005 and the 2006
Community Development Block Grant Program Budget, as follows to wit:
Proiect
Current
Budget
Increase
Decrease
New
Budget
First Time Buyers
Program - 2005
$61,500
-0-
$61,500
-0-
First Time Buyers
Program - 2006
$43,380
-0-
$43,380
-0-
Home Improvement
Program - 2006
-0-
$104,880
-0-
$104,880
RESOLVED that the Town Board of the Town of Southold hereby sets 8:00 PM
Tuesday, December 5, 2006, 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.
BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF
SOUTHOLD, November 21, 2006.
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON November 30, 2006, 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 of the Town of Southold, New York being
duly sworn, says that on the ..aL day of -DJ()()p.AIl.( OlD A , 2006, 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 South old, Suffolk County, New York, to
wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
Public Hearing December 5,2006, 8:00 pm
~~O7)_4
abeth A. Neville
Southold Town Clerk
Sworn before me this
A day of Ntx.",... ~.. , 2006.
~~ YY'\ (\0
N tary Public
LVNDA M. BOHM
NOTARY PUBU~J.!!,aIe of,.......
No. 011:1U11U20932
OuaRfHld In Suffolk CounIIr_
Tenn Exp/r. MaIdIe, 2O~
.
Town of South old - Letter
~
Board ~ing of November 21, 2006
RESOLUTION 2006-905
ADOPTED
Item # 20
DOC In: 2313
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-905 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 21, 2006:
WHEREAS the Town Board of the Town of South old is proposing amendments to the
Community Development Block Grant 2005 and the 2006 Community Development Block
Grant Program Budget, as follows to wit:
Proiect
Current
Budget
Increase
Decrease
New
Budget
First Time Buyers
Program - 2005
$61,500
-0-
$61,500
-0-
First Time Buyers
Program - 2006
$43,380
-0-
$43,380
-0-
Home Improvement
Program - 2006
-0-
$104,880
-0-
$104,880
RESOLVED that the Town Board of the Town of South old hereby sets 8:00 PM Tuesdav.
December 5. 2006. Southold Town Hall. 53095 Main Road. Southold. New York 11971. as
the time and place for a Public Hearin!! to hear citizens on the aforesaid proposed
amendments. Interested citizens should attend this meeting to comment on the proposed
changes.
~J,.LCfC7.~vt~J..
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER: Daniel C. Ross, Councilman
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
Generated November 28, 2006
Page 30