HomeMy WebLinkAboutCommunity Devel Block GrantRESOLUTION 2007-538
SCHEDULED
DOC iD: 2958
THIS 1S TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-538 WAS
SCHEDULED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON JUNE 19, 2007:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to sign the 2007 Community Development Block Grant
Program Agreement in connection with the 2007 CDBG Program in the amount of
$136~000.00, subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
Law No. /)7- e,b-J0 q
Rev. $/10/0'7
Commnnity Development Block Grant Agreement
AGREEMENT
IFMS No.
This Agreement, is between the County of Suffolk (County), a municipal corporation of the ¢x
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 (hereinatqer referred to as "HUD") for the purposes of the Act pursuant to Resolution No. 332
of 2007; 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 $136,000
Terms and Conditions:
Shall be set forth in Exhibits A through C and Other Exhibits including the
Suffolk County Public Disclosure Forms, Union Organizing Certification, and
Lawfnl Hiring of Employees Certification.
In Witness Whereof, the p/~ties hereto have executed this Agreement as of the latest date written above.
//
Town of Southof.ld ~j~/a,.~/~ ~, ~,t~/ County of Suffolk
Town Supervisor
[Please print name and title under signature]
Fed. Taxpayer ID #11-6001939
Date: ~ - Z-z-~0'7
Title: Deputy ~Cot!0¢'
Approved:
Approved as t~"~gality~/~'
ffC~istine Mj~fi \ ~~
]// S~m~n'tha M~Each~in -- --
I I
Office ~-~Commun~¢ Developmc/~
//~os epli/l'. Sanseven~'nb~
~/ Director
Law No.
Rev. 5/10/07
Community Development Block Grant Agreement
Table of Contents
IFMS No.
Page
EXHIBIT A Genera Terms and Conditions .................................................................................... 4
Paragraph l Purp .... . .............................................. 4
Paragraph 2 - Grant Adm mstratlon .... ...... · ............................. ..... . ........ .... 4
Paragraph 3 - Fund ng ...... ...................................................... .... . ...... 5
- ments and Compensation ..................................................................
Paragraph 4 Pay .... . ............................. 6
. rformance ................................................................. ' .....
Paragraph 5 Pe .... . ................................. 7
P ram'anh 6 - County-Municipality Relationship ................................................ 7
paragraph 7 - Clt _ ..~ ..... . ................. 7
od Disaster Protection ........................................ ' .................
Paragraph 8 - Flu - ' ' n .................................. 8
Em lo ment Oppormmty and Affirmative Actio .............. .
Paragraph 9 - Equal P Y ............ c ~,~ r':viI Ri-hts Act of 1964 and Title VII of the
Paragraph 10- Non-Discrimination unuer ill;le vt ut
· '1 Ri hts of 1968 ............................................................. 13
Param'a'0h_ _ 11- Lead Based Paint. Hazard.. .......................................................................... ' . ..... ..... 14
Paragraph 12 - F re Prevention and Control Act ........ ....................................................................... 14
Federa Labor Standards Provisions .................................................................
paragraph 13 - . ........ Acts ........................... 15
Para ahl4-C p .................... 16
eara~}Poh 15- Relocation Assistance and Acquisition of Real Property ...
nsol'dated Plan ............................................................ 16
a a h 16-Co ................ 17
Par gr P .... · ...............
is lacement ..........................................................
Paragraph 17 - D p ....... . .... . ........... t'~,-tain Third Party Relationships ...........17
Paragraph 18 - Obligat ons of Munlcipanry wire ~x~p*~,[ ~,, ..... 19
fllct of Interest .................................................................................
Paragraph 19 - Con , '"'2"i ....... ~ .... · ........ 20
oaks and Recoras or ^ccounung .....................................................
Paragraph 20 - B ..... . ......................... 21
ram Income ........ · .......................................
Paragraph 21 - Prog ........ . ........................ 21
- Pro e .....................................................................
paragraph 22 Rea p rty ..... . .................. 22
paragraph 23 - Reversion of Assets .................................................................. 22
Parav a~g~r anha p h 24,25 ' EFinancialq m p ment Statements- Vesting and°f TitleAudlt. ............................................................................ ' Requirements' ............ ... . .............................. 2224
e of Federal Funds for Lobbying ............................................................................
Paragraph 26 - Us ................................... 25
tical Activities ..........................................
Paragraph 27 - Po .':;'7.' ....... .... . ................ 25
stltut anal Promomon .....................................................
Paragraph 28- Con . . ' . .... . ........................ 25
emmficatlon ..................................................
Para~zraph 29 - lnd ............... . ................................... 26
paragraph 30 - Assignment or Subcontracting ....................................... . .............. 26
- re A reement ...........................................................................
Paragraph 31 Ent g ....................................... 27
Para'rash 32 - Merger; No Oral Changes ...................................................... . ......... 27
~ ' rabil No Implied Waiver ....................................................................
Paragraph 33 - Sere ty, ~ ..... ..~ ....................... 27
Paragraph 34 - Independent tcontracmr~ 2' ...................................................... ...... 27
Paragraph 35 - Offset of Arrears. or L~erault ................................................................. . 28
ents Canton ent upon Federal Funding .................................................................
Paragraph 36 - Paym g ..... . ...................... 28
ldent ali ..... · .........................................
Paraexa~0h ........ 37 - Confi ty ........... .. 28
tement of Other Contracts ...........................................................
paragraph 38 - Sta ........ . ............................. 29
paragraph 39 -Copyrights ana rarems ....................................................
29
paragraph 40 - Publ cations and Publicity ................... ';',~'""i ............................................................... 30
Paragraph 41 - Agreement Subiect to Appropriation ut run{as .............................................................
Paragraph 42 - Insurance ...........................................................................................................
bhc Disclosure Statement ...............................................................................
Paragraph 43 - Pu ............................................ 32
Paragrpa h 44 -Termination ........... .............................................................. 35
vermn Law ........................................................ ' ..................
Paragraph 45 - Go g ....... . ..............................35
para~raBh_ _ 46 - Force Ma'eure~ ....... ...................................................... . ..... ................ 35
OffR his ................................................
Paragraph 47 - Set- . g ............... . ................................... 35
. ification ..............................................................
Paragraph 48 Cert ............................... 36
Paragraph 49 - Gram. t es ........................................ in .... ' ......... 36
- d Sex Abuse Report g ...............................................
Paragraph 50 Ch .................... 36
Paragraph 51 - Civil Actions .......................................................
Page 2 of 46
IFMS No.
Law No.
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Community Development Block Grant Agreement
ion ............................................................... 36
~ ~ ~ -Fundino ldentificat' · ........... . ........ 37
raragrap- ~ ~ ....................................... "7
p ar agr aph 55 34 - ~ffn:oCnti~r gDaant~;i~ ~ ....................... . .................................... ~
Paragraph - ' ............. ~ ......................... · ............................. 37
Perso ................................................
p~a~,r~nh 55 -Notwes and Contact ......................... 39
.... ~"~'~ 56 - Suffolk County Local Laws: ........ :.;..~. .......... }~'['i';~}';'i~i~ornorate Overseas ......... 40
~;:~rl~h 57 - Prohibition against Contracting with ~orporauu,, ....... ~ .... 40
h 58 - Cooperation on Cia ................................... 40
~ara~Pnh 50 - Lawful Hir ng of Employees Law .................. : ........ 7r"~SX~';~}s for Construction or Future
,ara~,--v-- L2 . fi,1 !41vino of Emvloyees Law in Connection w~m ~ .... 42
Para~raBh 60 -Daw ........ = - . .........................................
~ - Construction .............................................................
· ' · t UseofFunds ...................................................................... 43
EXHIBIT B: Project Descrtption, Budge, . ................................. 44
EXHIBIT C: Community Development Project ................................................ ""
Other Suffolk County Exhibits:
1 Municipality's/Vendor's Public Disclosure Statement Form SCEX 22; rev. 3/30/04 (form
consists of two pages; requires signature & notarization)
II Union Organizing Certification/Declaration (form consists of two pages; requires signature)
III Lawful Hiring of Employees Law - form LHE-6 (form consists of one page; requires .....
Departmental signature
Page 3 of 46
Law No.
Rev. 5/10/07
Community Development Block Grant Agreement
EXHIBIT A
General Terms and Conditions
1FMS No.
1. Purpose:
The Municipality, for the consideration herein provided, agrees to complete in the most substantial
workmanlike manner the community development project(s) as described in Exhibits "B" and "C", attached hereto
and made a part hereof(hereinafter referred to as "CD Project(s)". CD Projects shall not be located outside the
boundaries of the Municipality without the written approval of the County and the affected jurisdiction.
2. Grant Administration:
a) Authorization: Notwithstanding any other provision of this Agreement, the Municipality must
submit evidence, and the County must certify, prior to any commitment 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.
Page 4 of 46
IFMS No.
Law No.
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Community Development Block Grant Agreement
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 are indicated in Exhibit B. Compliance with Executive Order 12372 shall
also apply to all new or revised activities developed subsequent to Exhibits B and C.
c) Budget Modifications: If requested by the Municipality, the County may increase or decrease the
cost of any CD Project(s), subject to applicable HUD regulations and approval by the County, with the understanding
that the total allocated to the Municipality, as specified in Exhibit "B" hereof, shall remain unchanged unless such
change is approved by the County, and provided that the funding 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 listing all information regarding the services and other items for which expenditures have
been or will be made during the term of this Agreement. All claims for payment are to be submitted within ninety
(90) 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 f~mished to the
Department pursuant to, and as limited by, the Regulations for Accounting Procedures for Contract Agencies of the
Page 5 of 46
IFMS No.
Law No.
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Community Development Block Grant Agreement
Suffolk County Department of Audit and Control. The Municipality shall be entitled to no more than compensation
and/or reimbursement as provided in this Agreement for the completion of all work, labor and services contemplated
in this Agreement, and in full reimbursement of 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 immediately be due and owing to the County.
Upon written request of the Municipality, the County may authorize advances of Federal funds in
anticipation of actual expenditures, in order to meet Municipal payrolls or subcontractor expenses in a timely
manner. This request shall be submitted by the Municipality on a form specified by the County.
5. Performance:
The Municipality agrees to begin work on its CD Project(s) within a reasonable time after the effective date
of this contract and meet timely expenditure requirements. The Municipality will be considered to meet timely
requirements if by January 1 at 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 m the current program year, or
If the Municipality has a past history of not meeting timely expenditure requirements, or
If the Municipality, by January 1st has a total balance of unexpended funds from all program years, which
exceed 1.5 times the Municipality's most recent annual Community Development allocation, the County may take
the following actions either singularly or in combination:
a) Require the Municipality to submit information to the County regarding the reasons for lack of
performance and actions being taken to remove the causes for delay.
Page 6 of 46
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Community Development Block Grant Agreement
b)
c)
IFMS No.
d)
e)
f)
g)
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.
Require the Municipality to submit to the County progress schedules for completing CD Project(s)
in compliance with Community Development timely expenditure requirements.
Issue a letter of warning to the Municipality advising that more serious sanctions will be taken if
the deficiency is not corrected or is repeated.
Require the Municipality to suspend, discontinue or not incur costs for CD Project(s).
Condition the Municipality's allocation of Community Development funds in the succeeding year.
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 armual 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 financial assistance for acquisition or
Page 7 of 46
1FMS No.
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Community Development Block Grant Agreement
construction p~poses (as defined under Section 3(a) of said Act (42 U.S.C. 400(a)), one year a~er a community has
been formafiy notified of its identification as a community containing an area of special flood hazard, for nse in any
area that has been identified by the Director of the Federal Emergency Management Agency as an area having
special flood hazards unless the community in which such area is situated is then participating in the National
Insurance Program. Notwithstanding the date of HUD approva of the 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
regarding such hazards; and flood insurance is obtained in accordance with Section 102(a) of the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4001).
Any contract or agreement for the sale, lease or other transfer of land acquired, cleared or improved with
assistance provided under this Agreement shall contain, if such land is located in an area identified by the Federal
Government as having specia! flood hazards and in which the sale of flood insurance has been made available under
the Flood Insurance Act of 1968, as amended, 42 USC 4001, et. seq., provisions obligating the transferee and its
successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required
with respect to financial assistance for acquisition or construction purposes nnder 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, marital/familial
status, military status, national origin, sexual orientation, religion or sex be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with
Community Development Block Grant funds.
The Municipality shall take affirmative action to insure that applicants for employment are
employed, and that employees are treated during employment, without regard to their race, color, creed, ancestry,
Page 8 of 46
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Community Development Block Grant Agreement
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 termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Municipality shall post in conspicuous places, available to
employees and applicants to employment, notices to be provided by the Federal Government setting forth the
provisions of this non-discrimination clause. 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, marital/familial status, military status, or national origin.
The Municipality shall incorporate the foregoing requirements of this Subparagraph a in all of its
contracts for program work, except contracts governed by Subparagraph b of 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 Community 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.
Page 9 of 46
IFMS No.
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Community Development Block Grant Agreement
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 opport~nCy clause:
During the performance of this contract, the Municipality agrees as follows:
1. 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 roles, regulations, and relevant orders of the Secretary of Labor.
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Community Development Block Grant Agreement
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 1
through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders
of the Secretary of Labor issues pursuant to Section 204 of Executive Order 11246 of September
24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The
Municipality will take such action with respect to any subcontract or purchase order as the Federal
Government may direct as a means of enforcing such provisions, including sanctions for non-
compliance; providing, however, that in the event a Municipality becomes involved in, or is
threatened with, litigation with a sub-contractor or vendor as a "result of such direction of the
Federal government, the Municipality may request the United States to enter into such litigation to
protect the interest of the United States."
The Municipality 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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Community Development Block Grant Agreement
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 of 24 CFR Pan 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 must comply 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 Community
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 firms, management firms, financial institutions, investment banking firms, 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 Community 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 financial assistance.
This Agreement is also subject to the requirements of Title VII1 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 community development in a manner to
affirmatively further fair housing.
In addition, the Municipality must make Community Development funds available in accordance with the
Fair Housing&ct, Executive Order 11063, as amended by Executive Order 12259 (Equal Opportunity in Housing),
Title V1 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 of 24 CFR Part 35, subparts A, B and R and subparts C through M when applicable. Any
rehabilitation or acquisition of residential structures by the Municipality with assistance provided under this
Agreement shall be made subject to Lead-Based Paint Poisoning Prevention, and the Municipality shall be
responsible for notifications, certified hazard evaluations, certified hazard reduction, certified safe 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 U.S.C. 276a to 276a -5),
governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided, that if the wage
rates imposed by State or local law are higher than those required under such regulation, nothing hereunder is
intended to relieve the Municipality of its obligation, if any, to require payment of the higher rates. The Municipality
shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions
meeting the requirements of 29 CFR Secs 5.0-5.32 and in such contracts in excess ofTen Thousand Dollars
($10,000), 29CFR Secs. 5.0-5.32 and 3.1-3. l 1.
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No award of the contracts covered under this Paragraph 12 of this Agreement shall be made to any
Municipality who is at the time ineligible under the provisions of any applicable regulations of the Federal, State or
local governments.
14. Compliance With Air and Water Acts:
This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857, et. seq.; the
Federal Water Pollution Control Act, as amended, 33 USC 1251, et. seq.; and the regulations of the Environmental
Protection Agency with respect thereto, at 40 CFR 15, as may be amended from time to time.
In compliance with said regulations, the Municipality shall cause or require to be inserted in full in all
contracts and subcontracts with respect to any non-exempt transaction thereunder funded with assistance provided
under this Agreement, the following requirements:
a) A stipulation by the contractor or subcontractors that any facility to be utilized in the performance
of any non-exempt contract or subcontract is not listed on the List of Violating Facilities issued by
the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20.
b) Agreements by the Municipality to comply with all their requirements of Section 114 of the Clean
Air Act, as amended (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control
Act, as amended (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as
amended (33 USC 1318), relating to inspection, monitoring, entry, reports, and information, as
well as all other requirements specified in said Section 114 and Section 308, and all regulations and
guidelines issued thereunder.
c) A stipulation that as a condition for the award of the contract, prompt notice will be given of any
notification received from the Director, Office of Federal Activities, EPA, indicating that a facility
utilized or to be utilized for the contract is under consideration to be listed on the EPA List of
Violating Facilities.
d) Agreement by the Municipality that he will include or cause to be included the criteria and
requirements in subparagraphs a through d of this Paragraph in every non-exempt subcontract and
requiring that the Municipality will take such action as the Federal Government may direct as a
means of enforcing such provisions.
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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)(1) of the Clean Air Act or Section 209(c) of the
Federal Water Pollution Con~'ol 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 UKA 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 treatment to such displaced persons on account of their race, color, religion,
national origin, age, sex, or source of income.
In acquiring real property, the Municipality should be guided by the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 as amended and the government-wide URA 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
HUD. 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.
17. Displacement:
This Agreement is subject to the requirements of Section 104(d) of the ACT which requires the
implementation of a policy to minimize the displacement of persons from their homes and neighborhoods and to
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mitigate adverse effects of such displacement on Iow 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:
1) Public Law 88-352 the Civil Rights Act of I964 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,
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g)
h)
IFMS No.
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 Iow 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 570.200(i) which prescribes the use of CDBG funds by religious
organizations.
Indication that the Agreement may be terminated for default, inability, or failure to
perform.
Requirement that any CDBG funds on hand or accounts receivable at the time of
termination shalI be returned to the Municipality.
Provision to ensure that any real property under the subrecipient's control that was
acquired or improved in whole or in part with CDBG funds in excess of $25,000 is either:
1) Used to meet one of the national objectives for at least five year after expiration
of the Agreement, or such longer period of time as determined appropriate by the
County; or
2) Disposed of in a manner which results in the Municipality being reimbursed in
the amount of the current fair market value of the proper~y less any portion
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i)
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attributable to expenditures ofnon-CDBG funds for acquisition of, or
improvement to, the property.
Provision to ensure that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of
the subrecipient, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any Federal
contract, 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 fi.om the same.
b) Interest of Local Public Officials: No member, officer or employee of the Municipality or
its designees or agents, no member of the governing body of the locality in which the program is situated, and no
other public official of such locality or localities who exercises any functions or responsibilities with respect to the
program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or
subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this
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Agreement. The Municipality shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a
provision prohibiting such interest pursuant to the purposes of this paragraph.
c) Prohibition Against Payments o f 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 concerning all
costs incurred in the performance of this Agreement, and that it shall have available for audit and inspection by the
County or by authorized representatives of HUD~ all the Municipality's facilities, books and other financial and
statistical data, whether related to the CD Project(s) or otherwise. The Municipality agrees to maintain or submit to
the County, as individually required, the following data or documents, or information to complete the following
documents:
Project Description Forms
Environmental Survey
Demographic Survey
Budget Modifications
HUD/EEO-4 Employment Data Form
Minority Business Enterprise Report
· Other data as may be required by HUD
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
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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 ora
revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for Section 108 security
needs). Ifa Municipality withdraws from the Suffolk County Consortium prior to the expiration of the Cooperation
Agreement between the Municipality and the County, all program income received and not expended in accordance
with this Agreement shall be due and payable to the County.
22. Real Property:
Real property acquired or improved in whole or in part using Community Development funds that is within
the control of the Municipality shall require the following actions:
a) The timely notification of the County by the Municipality of any modification or change
in the use of the real property from that planned at the time of acquisition or improvement
including disposition;
b) Reimbursement of the County in an amount equal to the current fair market value (less
any portion thereof 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
Cooperation Agreement between the County and the Municipality.
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:
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a) Used to meet one of the national objectives in 24 CFR Part 570 until five (5) years afier
expiration of this Agreement or termination of the Cooperation Agreement, or such longer
period of time as determined appropriate by the County; or
b) Disposed of in a manner which results in the 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 materiaIs, 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 financial statements for each Municipality fiscal year in which the
Municipality has received, or will receive, $300,000 or more from the County, whether under this Agreement or
otherwise, and shall submit a report on the overall financial condition and operations of the Municipality, including a
balance sheet and statement of income and expenses, attested by the Auditor as fairly and accurately reflecting the
accounting records of the Municipality in accordance with generally accepted accounting principles. The
Municipality is encouraged to solicit requests for proposals (RFPs) from a number of qualified accounting firms and
to review carefully the costs of, and qualifications for, this type of work before selecting the Auditor.
b) The Auditor should be required to meet the following minimum requirements:
i. a current license issued by the New York State Education Department;
ii. sufficient auditing experience in the nonprofit, governmental or profit-making
areas, as applicable; and
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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 subrecipient expending Federal awards received from a pass-through entity, such
as New York State or Suffolk County, during any fiscal period within which it receives funding under this
Agreement ("fiscal year"), the audit must be conducted, and the audit report ("Single Audit Report") must be, in
accordance with OMB Circular No. A-133 (revised June 27, 2003). Single Audit Reports must also be submitted to
the designated clearinghouse, cognizant agency and/or pass-through entity, to the extent required by the OMB
Circular just referred to.
e) The Municipality must submit a statement in writing, certified by its chief financial 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 of the Municipality's fiscal year. The
statement should include ALL Federal funding received directly fi.om the Federal government and ALL Federal
funds passed through from the County and other pass-through entities.
0 Copies of all financial 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
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records of the Municipality must be made available to authorized representatives of Federal, State or County
government for that purpose.
h) All payments made under this Agreement are subject to audit by the Suffolk County Comptroller
pursuant to Article V of the Suffolk County Charter. If the Municipality fails to cooperate with an audit by the
Comptroller, the County shall have the right to suspend or partialIy withhold payments under this Agreement or
under any other agreement between the parties until such cooperation is forthcoming. If such an audit discloses
overpayments by the County to the Municipality, within thirty (30) days a~er the issuance of an official audit report
by the Comptroller or his duly designated representatives, the Municipality shall repay the amount of such
overpayment by check to the order of the Suffolk County Treasurer or shalI submit a proposed plan of repayment to
the Comptroller. lfthere is no response or if satisfactory repayments are not made, the County may recoup
overpayments from any amounts due or becoming due to the Municipality from the County under this Agreement or
otherwise.
i) The Municipality agrees that it will comply with the applicable provisions of Fedaral Office
Management and Budget Circulars A-87, A-110, A-128 and 24 CFR Part 85.
j) The provisions of the foregoing subparagraphs (a) through (i) of this paragraph shall survive the
expiration or termination of this Agreement.
26. Use of Federal Funds for Lobbying:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the Municipality, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract,
grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or 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 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 570.2000) of the federal regulations regarding the use of Community Development funds by religious
organizations.
29. Indemnification:
a. General
The Municipality agrees that it shall protect, indemnify and hold harmless the County and its
officers, officials, employees, contractors, agents and other persons from and against all liabilities,
fines, penalties, actions, damages, claims, demands, judgments, losses, costs, expenses, suits or
actions and reasonable attorneys' fees, arising out of the acts or omissions or the negligence of the
Municipality in connection with the services described or referred to in this Agreement. The
Municipality 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
Municipality, its officers, officials, employees, subcontractors or agents, if any, in connection with
the services described or referred to in this Agreement.
Federal Copyright Act
The Municipality hereby represents and warrants the Municipality, will not infringe upon any
copyrighted work or material in accordance with the Federal Copyright Act during the performance
of this Contract. Furthermore, the Municipality agrees that it shall protect, indemnify and hold
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harmless the County and its officers, officials, employees, contractors, agents and other persons
fi.om and against all liabilities, fines, penalties, actions, damages, claims, demands, judgments,
losses, costs, expenses, suits or actions and reasonable attorney's fees, arising out of the acts or
omissions or the negligence of the Municipality in connection with the services described or
referred to in this Agreement. The Municipality 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 a~orney's fees for defense of any such suit arising out of the acts or
omissions or negligence of the Municipality, its officers, officials, employees, subcontractors,
lessees, licensees, invitees or agents, if any, in connection with the services described or referred to
in this Agreement.
30. Assignment or Subcontracting:
a) The Municipality shall not assign, transfer, convey, sublet 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 hereunder, 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.
b) The Municipality shall not enter into subcontracts for any of the work contemplated under this
Agreement without obtaining prior written approval of the County. Such subcontracts shall be subject to all of the
provisions of this Agreement and to such other conditions and provisions as the County may deem necessary,
provided, however, that notwithstanding the foregoing, unless otherwise provided in this Agreement, such prior
written approval shall not be required for the purchase of articles, supplies, equipment and services which are
incidental to, but necessary for, the performance of the work required under this Agreement. No approval by the
County or any subcontract shall provide for the incurrance of any obligation by the County in addition to the total
agreed upon price. The Municipality shall be responsible for the performance of any subcontractor for the delivery
of service.
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.
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32. Merger; No Oral Changes:
It is expressly agreed that this Agreement represents the entire agreement of the parties, that all previous
understandings are merged in this Agreement. No modification of this Agreement shall be valid unless written in the
form of an Amendment and executed 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 of this Agreement shall be valid and
shall be enforced to the fullest extent permitted by law.
b) No waiver shall be inferred from any failure or forbearance of the County to enforce any provision
of this Agreement in any particular instance or instances, but the same shall otherwise remain in full force and effect
notwithstanding any such failure or forbearance.
34. Independent Contractor:
It is further agreed that Municipality's status under this Agreement shall be that of an independent
Contractor. Neither the Municipality nor any person hired by the Municipality shall be considered an employee of
the County for any purpose whatsoever.
35. Offset of Arrears or Default:
The Municipality warrants that it is not, and shall not be during the term of this Agreement, in arrears to the
County for taxes or upon debt or contract and is not, and shall not be during the term of this Agreement, in default as
surety, Municipality or otherwise on any obligation to the County, and the Municipality agrees that the County may
withhold the amount of any such arrearage or default from amounts payable to the Municipality under this
Agreement.
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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
penalties proscribed by law.
b) The Municipality 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 conformity
with the provision of applicable local, State and Federal laws and regulations.
38. Statement of Other Contracts:
The Municipality has attached, and in the event of any change, will attach to any extension
agreement/amendment of this Agreement, a Statement of Other Contracts in the form annexed to this Agreement.
The Municipality represents and warrants that any such Statement of Other Contracts is and will be a complete list of
all other contracts (i) which are currently in effect or (ii) which have expired within the past 12 months and have not
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been renewed, and under which funds have been, are being or will be received by the Municipality from any
department or agency of the County, the United States of America, the State of New York or other municipalities or
organizations.
39. Copyrights and Patents:
a) Copyrights
If the work of the Municipality under this Agreement should result in the production of original
books, manuals, films, or other materials for which a copyright may be granted, the Municipality 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.
b) 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.
40. Publications and Publicity:
a) The Municipality shall not issue or publish any book, article, report or other publication related to
the Services provided pursuant to this Agreement without first obtaining written prior approval fi.om the County.
Any such printed matter or other publication shall contain the following statement in clear and legible print: "This
publication is fully or partially funded by the Suffolk County Executive's Office."
b) The Department shaI1 have the right of prior approval of press releases and any other information
provided to the media, in any form, concerning the Services provided pursuant to this Agreement.
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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 and as may be mandated and increased
from time to time. Thc Municipality agrees to require that all of its subcontractors, in connection with work
performed for the Municipality related to this Agreement, procure, pay the entire premium for and maintain
throughout the term of this Agreement insurance in amounts and types equal to that specified by the County for the
Municipality. Unless otherwise specified by the County and agreed to by the Municipality, in writing, such
insurano¢ will be as follows:
b)
ii.
iii.
iv.
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.
Professional Liability insurance in an amount not less than Two Million DolIars
($2,000,000.00) on either a per occurrence or claims made coverage basis.
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
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 fi.om 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.
All policies providing such coverage shall be issued by insurance companies with an A.M. Best
rating of A- or better.
Page 30 of 46
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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.
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 31st day of January 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.
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44. Termination:
1FMS No.
Term
This Agreement shall cover the period provided on the first page thereof, unless sooner terminated
as provided below.
Termination by County in the Public Interest
Notwithstanding anything herein to the contrary, in the event that the Commissioner of the
Department (hereinalter, the "Commissioner), or his/her designee, determines, in his/her sole
discretion, that termination is in the best interests of the County, the County reserves the right to
terminate this Agreement for any reason at any time. Such termination shall occur upon thirty (30)
days notice of intent to terminate to the Municipality. Municipality shall have an opportunity for
consultation with the Commissioner prior to termination.
Termination for Cause
i. If the Municipality fails to fulfill in a timely and proper manner its obligations under this
Agreement, or if the Municipality becomes bankrupt or insolvent or falsifies its records or
reports, or misuses its funds from whatever source, the County may terminate this
Agreement in whole or with respect to any identifiable part of the program, effective
immediately, or, at its option, effective at a later date specified in the notice of such
termination 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.
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.
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
iii.
iv.
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IFMS No.
of the Commissioner. In such event, no prior notice to cure and of intent to terminate shall
be required.
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 terminate to the Municipality shall be deemed a breach of contract; provided,
however, that if the matter which is the subject of the notice is of such a nature that it
cannot reasonably be corrected within twenty (20) days, then no breach of contract shall
have been deemed to have occurred if Municipality, before the expiration of the twenty-
day period, diligently commences and prosecutes the same to completion. Soliciting bids,
in good faith, for performance of corrective work shall be deemed commencement of such
work within the purview hereof.
vi. The notice to cure and of intent to terminate shall call attention to the existence of the
failure and particularize the claimed failure in reasonable detail. The notice shall also state
the intended date of termination.
vii. After a breach of contract has occurred, the Commissioner or his/her designee, in his/her
sole discretion, may terminate the Agreement. The Commissioner shall give written notice
of such termination and the Agreement shaI1 expire as fully and completely as if that date
were the date herein originally fixed for the expiration of the term.
viii. Upon termination pursuant to the foregoing paragraph, Municipality acknowledges and
agrees that it shall not be entitled nor shall it make a claim for lost profits or loss of
anticipated earnings because of termination.
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
termination shall be deemed delivered as of the date of its posting by certified mail or at
thc time it is delivered to the other party by messenger.
Page 33 of 46
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ii. Upon due notice of termination and as may be requested by the Department, the
Municipality shall provide the County with any information, records, or reports that are
within the purview of this Agreement, subject to any applicable provisions of law or
regulations. The Municipality shall also relinquish title and possession of any furniture,
fixtures, equipment, materials or supplies as specified in this Agreement.
iii. Upon receipt of a termination notice pursuant to the foregoing paragraph, the Municipality
shalI promptly discontinue ali services affected unless otherwise directed by the notice of
termination.
Payments upon Termination
i. The County shall be released from any and all responsibilities and obligations arising from
the Program covered by this Agreement, effective as of 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.
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.
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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 hereunder 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 rome
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 ail 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 exemise its
set-offrights 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 aider legal
consultation with the County Attorney.
48. Certification as to Relationships:
The parties to this Agreement hereby certify that, other than the funds provided in this Agreement and other
valid Agreements with the County, there is no known relationship within the third degree of consanguinity, life
partner or business, commercial, economic, or financial relationship between the parties, the signatories to this
Agreement, and any panners, members, directors, or shamholders of five percent (5%) (or more) of any party to this
Page 35 of 46
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Agreement.
IFMS No.
49. Gratuities
The Municipality represents and warrants that it has not offered or given any gratuity to any official,
employee or agent of Suffolk County or New York State or of any political party, with the purpose or intent of
securing an agreement or securing favorable 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 County Code,
entitled "Child Sexual Abuse Reporting Policy" as now in effect or amended hereafter or of any other Suffolk
County Local Law that may become applicable during the term of this Agreement with regard to child sexual abuse
reporting policy. Suffolk County Local Laws, Rules and Regulations can be found on the Suffolk County web site at
www.co.suffolk.ny.us Click on "Laws of Suffolk County" under "Suffolk County Links".
51. Use of Funds in Prosecution of Civil Actions Prohibited:
Pursuant to the Suffolk County Code Section {}590-3, the Municipality represents that it shall not use any of
the moneys received under this Agreement, either directly or indirectly, in connection with the prosecution of any
civil action against the County of Suffolk or any of its programs, funded by the County, in part or in whole, in any
jurisdiction or any judicial or administrative forum.
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.
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IFMS No.
53. Effective Dates:
This Agreement shall commence on the date of grant approval by HUD, and shalI terminate (1) with the
completion of all the aforementioned CD Project(s), and (2) with acceptance by HUD ora final audit.
54. Union Organizing:
This Agreement may be subject to Local Law No. 26-2003 of Suffolk County concerning Union Organizing
Activities. The Municipality 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 defined) 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.
55. Notices and Contact Persons
a. Operational Notices:
Any communication, 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
Page 37 of 46
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County or the Municipality or their designated representative at the following addresses or at such
other address that may be specified in writing by the parties and must be delivered as follows:
For the County:
By Regular or Certified Mail in Postpaid Envelope or by Nationally Recognized Courier Service
or by Fax or by Entail
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 Municipality:
By Regular or Certified Mail in Postpaid Envelope or by Nationally Recognized Courier Service
or by Fax or by Email
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 Relating to Termination, Indemnification or Litigation:
In the event the Municipality 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 Municipality shall immediately deliver to the
County Attorney, at the address set forth below, copies of all papers filed by or against the
Municipality.
Any communication or notice regarding insurance, indemnification, termination or
litigation shall also be sent to the following address, or at such other address that may be specified
in writing by the parties and must be delivered as follows:
For the County:
By Nationally Recognized Courier Service or Personally and by First Class Mail
Suffolk County Office of Community Development
H. Lee Dennison Building
P.O. Box 6100
Page 38 of 46
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Community Development Block Grant Agreement
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, New York 11788
and
For the Municipality:
By Nationally Recognized Courier Service or Personally and First Class Mail
At the address set forth on page one of this Agreement, attention to the person who executed this
Agreement or such other designee as the parties may agree in writing.
Changes in Contact Persons:
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).
Receipt of Notice:
Notices shall be deemed to have been duly delivered (i) if by First Class Mail, on the date they are
mailed or deposited with the United States Postal Service; or (ii) if mailed by Registered or
Certified mail, upon the seventh business day after the mailing thereof; or (ii) if by Nationally
Recognized Courier service, upon the first business day subsequent to the transmittal thereof; or
(iii) if by Fax or Email, upon the transmittal thereof; or (iv) if personally, pursuant to New York
Civil Practice Law and Rules Section 311. "Business Day" shall be defined as any day except a
Saturday, a Sunday, or any day in which commercial banks are required or authorized to close in
Suffolk County, New York.
56. Suffolk County Local Laws:
Suffolk County Local Laws, Rules and Regulations can be found n the Suffolk County web site at
http://www.co.suffolk.n¥.us. Click on "Laws of Suffolk County" under "Suffolk County Links".
Page 39 of 46
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57. Prohibition Against Contracting with Corporations that Reincorporate Overseas
The Municipality represents that it is in compliance with Suffolk County Administrative Code Article IV,
§§A4-13 and A4-14, found in Suffolk County Local Law No. 20-2004, entitled "A Local Law To Amend Local Law
No. 5-1993, To Prohibit The County of Suffolk From Contracting With Corporations That Reincorporate Overseas."
Such law provides that no contract for consulting services or goods and services shall be awarded by the County to a
business previously incorporated within the U.S.A. that has reincorporated outside the U.S.A.
58. Cooperation on Claims:
Each of the parties hereto agrees to render diligently to the other party, without additional compensation,
any and all cooperation, that may be required to defend the other party, its employees and designated representatives
against any claim, demand or action that may be brought against the other party, its employees or designated
representatives in connection with this Agreement.
59.
Lawful Hiring of Employees Law
This Agreement is subject to the Lawful Hiring of Employees Law of the County of Suffolk (Local
Law 52-2006). It provides that all covered employers, (as defined), and the owners thereof, as the case may be,
that are recipients of compensation from the County through any grant, loan, subsidy, funding, appropriation,
payment, tax incentive, contract, subcontract, license agreement, lease or other financial compensation
agreement issued by the County or an awarding agency, where such compensation is one hundred percent
(100%) funded by the County, shall submit a completed sworn affidavit (under penalty of perjury), the form of
which is attached, certifying that they have complied, in good faith, with the requirements of Title 8 of the
United States Code Section 1324a with respect to the hiring of covered employees (as defined) and with respect
to the alien and nationality status of the owners thereof. The affidavit shall be executed by an authorized
representative of the covered employer or owner, as the case may be; shall be part of any executed contract,
subcontract, license agreement, lease or other financial compensation agreement with the County; and shall be
made available to the public upon request.
All Municipalities and subcontractors (as defined) of covered employers, and the owners thereof,
as the case may be, that are assigned to perform work in connection with a County contract, subcontract, license
agreement, lease or other financial compensation agreement issued by the County or awarding agency, where
Page 40 of 46
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Community Development Block Grant Agreement
such compensation is one hundred percent (100%) funded by the County, shall submit to the covered employer a
completed sworn affidavit (under penalty ofperjary), the form of which is attached, certifying that they have
complied, in good faith, with the requirements of Title 8 of the United States Code Section 1324a with respect to
the hiring of covered employees and with respect to the alien and nationality status of the owners thereof, as the
case may be. The affidavit shall be executed by an authorized representative of the Municipality, subcontractor,
or owner, as the case may be; shall be part of any executed contract, subcontract, license agreement, lease or
other financial compensation agreement between the covered employer and the County; and shall be made
available to the public upon request.
An updated affidavit shall be submitted by each such employer, owner, contractor and subcontractor no later
than January 1 of each year for the duration of any contract and upon the renewal or amendment of the
contract, and whenever a new contractor or subcon~actor is hired under the terms of the contract.
The Municipality acknowledges that such filings are a material, contractual and statutory duty and that the
failure to file any such statement shall constitute a materiaI breach of this agreement.
Under the provisions of the Lawful Hiring of Employees Law, the County shall have the authority to
terminate this Agreement for violations of this Law and to seek other remedies available under the law.
The Municipality represents and warrants that it has read, is in compliance with, and shall comply with the
requirements of Suffolk County Code Chapter 234, Suffolk County Local Law No. 52-2006, the Lawful
Hiring of Employees Law.
Required Forms:
Suffolk County Lawful Hiring of Employees Law Form LHE-6; entitled "Suffolk
County Department of Labor -"Notice Of Non -Applicability To Certify
Compliance With Federal Law (8 U.S.C. SECTION 1324a) With Respect To
Lawful Hiring of Employees"
Page 41 of 46
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60. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future
Construction
This Agreement is subject to the Lawful Hiring of Employees Law of the County of Suffolk, Suffolk
County Code Chapter 234, as more fully set forth in the Exhibit entitled "Suffolk County Legislative
Requirements." In accordance with this law, Municipality or employer, as the case may be, and any
subcontractor or owner, as the case may be, agree to maintain the documentation mandated to be kept by this law
on the Construction Site at all times. Municipality or employer, as the case may be, and any subcontractor or
owner, as the case may be, further agree that employee sign-in sheets and register/log books shall be kept on the
Construction Site at ail times during working hours and ail covered employees, as defined in the law, shall be
required to sign such sign in sheets/register/log books to indicate their presence on the Construction Site during
such working hours.
-END OF TEXT-
Page 42 of 46
EXHIBIT B
PROJECT DESCRIPTION AND BUDGET
CONDITIONAL APPROVALS OF USE OF FUNDS
TOWN OF SOUTHOLD
2007 (YEAR 33)
1. Funds may be obligated or utilized for the payment of responsible administrative costs related to the
planning and execution of projects listed below and other related activities specified under 24 CFR 58.34 as
exempt from environmental review requirements, including eligible planning, design and environmental
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
100101-03F-07 Southold Recreation Center $20,000
100301-14A-07 Home Improvement Program $72,400
102801-05L-07 North Fork Early Learning Center $7,500
103602-05-07 North Fork Housing Alliance $5,000
104901-05L-07 Robert Perry Day Care Center $7,500
105601-05-07 Dominican Sisters $5,000
105701-05-07 Community Action Southold Town $5,000
109901-21A-07 Administration $13,600
$136,000
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IFMS No.
EXHIBIT C
Community Development Projects
The projects attached hereto have been approved for the receipt of federal Community Development Block
Grant assistance. Project expenditures are not to exceed budgeted amount as described in Exhibit C plus assigned
program income unless approved by the County.
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Community Development Block Grant Agreement
COMMUNITY DEVELOPMENT
IFMS No.
PROJECT
DESCRIPTIONS
Page 45 of 46
Grantee Name: 3urisdiction
Project Name: CONSORTIUM HOME IMPROVEMENT PROGRAM SUFFOLK COUNTY
Description: ZDZS Project #: Z lUOeCode: lUOG¢ode OOOi- /~
LOW [NTE~ LOANS FOE ~NNOVAT~ONS TO ~S~NG OWNEE-OCCUP[ED SINGLE FAH[LY HOUSING UN~S
BY LOW AND NODE~ [NCONE HOUSEHOLDS, BROOKHAVEN:$691,000;~ST
~N~ON:$ [8,120; ~EEHEAD: $50,000; SN~HTOWN:$100,000;SO~HAH~ON:$40,000; SOUTHOLD:$172,~O0,
LOCATZON:
COMMUN~ WIDE
Select one: [o~er ~cupied Hous,ng
~ Completion
3/31/2012
Obj~ve
~ D~ Ho~mn~
O Suable ~n~ E~mnme~
O Em~m~ Op~ S~ific Obj~iv~
Outcome Categories I [mpmve~e quaJ~ of o~er ho.sing
~ A~ila~l~/A~sibil~
~ A~abil~ 2
~ 5~inabil~ 3
m
~ Unde~ay Unde~m~
· Compme~ Complete
~ ~compl. Ty~: ~ Pro~s~ ~compl. Ty~: Proud
Unde~ay Unde~ay
Unde~ay Unde~ay
Complete Complete
Proposed Outcome Pe~ormance Measure A~ual Outcome
NUMSER OF UN~S UN~S 5~OUGHT F~OM SUB-
~E~AB)~ATED. ~ANDA~D TO STANDARD.
~ m m. Propped ~t. ~891,520 ~ndS0u~e: ), Pro~,~
~t.
~ i A~ual ~ount A~ual ~ount
Actual ~ount A~ual ~ount
mill .........
~ ~mpi. Ty~: I TM Pro~ U.I~ ~comp,. T~e: [ ' Pro~
Uni~
~ R~ual Uni~ A~ual
R~ual UnJ~ A~ual Unib
Project (1) 1 CPMP
Grantee Name: Jurisdiction
CPMP Version 2 0
Project Name: $OUTHOLD RECREATION CENTER SOUTHOLD
Description: ID~S Project #: I IUOG Code: IUOG Code
REMOVAL OF ARCH[TECTURAL BARR[ERS AT TOWN RECREATION CENTER TO ALLOW ELDERLY AND DISABLED PERSONS
~,CCES$ TO THE FAC[L/TY. LMC
Location: Priority Need
970 PECONIC LANE i Public Faci,,Ues
PECONIC NY 11958 Select one.'
Explenetion:
'Expected Completion Dete:
0 Decent Housing
· Suitable Uving Environment
Outcome Categories ! Improve quality / increase quanta/of neighborhood facilitie~ for Iow-income persons
[] Availability/Accessibility
[] Affordability 2 d
[] Sustainability 3
~ Underway Underway
~. ~ Complete
Underwey Underway
Complete Cem~)lete
Proposed Outcome Performance Measure Actual Outcome
NUMBER OF PERSONS NEW ACCESS TO A FACII_TTY
ASSISTED
E Accompl. Type: I~' Propoeed Units Accompl. Type: I~' Propoaed Units
I~ Actual Units Actual Units
Actual Unit. Actual Unite
Project (41) ! CPMP
Grantee Name: 3urisdiction
CPMP Version 2.0
Project Name: NORTH FORK EARLY LEARNING CENTER SOUTHOLD
Description: XDZS Project #: I luoGCode: lUOG Codet0~*0Z-
~AO~SION OF DAY ~RE TO LOW AND MODE~TE INCOME FAMINES. LMC
~50 ~D~CH ~NE
~U~L NY 11948 S~le~ one: Publ~
ExpOrtation:
~ Completbn Da~:
3/31/2009
O ~ Ho~
~ Su~b~ U~ng En~mnme~
O Economic ~ S~ O~
Outcome ~tegories i Improve ~e ~wi~ ~r I~/mod in.me pe~ns
Unde~ay Unde~ay
~ ~omp~te ~plete
~ Unde~ay Unde~ay
C~p~te Comp~
Proposed Outcome Performance Heasure A~ual Outcome
NUMBE~ OF PE~$ON~ NEW A~CESS TO A
~ ~ual Amount A~ual Amount
~ ~. Pro~ Un~
Project (42) 1 CPMP
Grantee Name: Jurisdiction
Project Name: NORTH FORK HOUSING ALLIANCE HOUSING COUNSELING SOUTHOLD
Description: XDZS Project #: UOG Code: UOG Code/0~
PROVISION OF HOUSING COUNSELING SERVICES TO LOW AND MODERATE INCOME FAMILIES THROUGH THE NORTH FORK
HOUSING ALLIANCE. LMC
Location: Priority Need Category
116 ~OUTH STREET
GREENPORT NY 11944 Select one: PubticServlce~
Explanation.-
~ Completion Date:
3/31/2009
- Obl~.cttve Cat~go~/
O Suitable Living Environment
O Economic Opportunity
Ob~eeUve~
Outcome Categories I Improve access to affordable rental housing
r"m Availability/Accessibility
Improve access to affordab,, owner housing
[]
2
Affordabilk'y
[] Su.itainability 3 Improve access to affordabJe owner housing for minoritiesI
~ Underwny Underwn¥
)Complete Comrlete
'- Uuderwa¥
E complete complete
~ Underway Underway
Complete Complete
Proposed Outcome performance Meesure Actual Outcome
NUMBFR OF PERSONS NEW ACCESS TO A SERVICE
ASSISTfiD.
0S3 Fair Housing Activities (if CDBG, then subject to 570.201(e)
~. Actual ~maount Actual Amount
Rc~unl Amount Actual Amount
~ Actual Unita Actuel Uni~
.actual Unita Actual Unite
Project (44) 1 CPMP
Grantee Name: Jurisdiction
Project Name: ROBERT PERRY DAY CARE CENTER SOUTHOLD
ee~:ription: ZDZS Project #: ] luoGcode: JUOG Code /t~'~,~l
PROVISION OF A~$ISTANCE TO A CHILD CA~E CENTEE SERVICING LOW AND MODERATE INCOME FAMILIES IN THE
GREENPORT AREA. LMC
Location: Priomity Need CIt~lory
$12 THIRD STREET
GREENPORT NY 11944 Select one: Public Services
Explanation:
Ex~ Cempletiou Date:
- Objec~ve Category
O Decent Housing
O Subble Uv~ng Environment
O Economic Opportun~ Specific Ob~iecth~e~ '
Outcome Categories i Improve t~ s=rvices ~or Iow/mod income pe~ons
[] Availability/Acoe~sibil~y
~ Underway Underway
Coml~lete Complete
E
-- Uude~a¥ Underwey
'~E Complete Complete
~ Underway Underway
Complete Complete
Proposed Outcome Performance Meeeure Actual Outcome
NUHBER OF PERSONS NEW ACCESS TO A SERVICE
ASSISTED
~. Actual Amount Actual Amount
e
~. FundSourca: [--IProp~edAmt. FundSourco: I~'tPropo~edAmt.
Actual Amount Actual Amount
,~1 Accornpl. Type: I' [ Propo~ Uuil~ Accompl. Type: I~' I
~ Actual Unibm Actual UnJtm
Project (43) I CPMP
Grantee Name: 3urisdiction
CPMP Version 2.0
Project Name: COMMUNITY ACTION PROGRAM SOUTHOLD
De~cription: IDZ$ Project #:
PR. OVIS[ON OF EHERGENCY ASSISTANCE, FOOD,CLOTHING AND SHELTEE FOR. HOHELES$ AND LOWER [NCOHE PERSONS
PROVIDED THEOUGH COHMUNTrY ACTION $OUTHOLD TOWN [NC:.
LHC
Location: Priority Need Cnt~lory
7379 ROUTE 25
GREENPORT NY 11944 Select one:
Explanation:
Expected Completion Dnte:
CYoJeo~ve Category
0 Decent Housing
~ Suitable Living Environment
0 Economic Oppo~un~ Specific Ol~iective~
O.tcome Cateoories 1 Improve the services for 10w/mod income persons
[] Availability/Acc*sslbilltv
[] AffordabiliLy 2
[] Sustainabllity 3
ia 0! People I~' Proposed ~S N:compl. Type: II' Prop~
,~ Underway Underway
· Complete Complete
. Accompl. Type: I. Proposed Accompl. Type: I. Propound
Underway Underway
qE Complete Complete
~ Underway Underway
Complete Complete
Proposed Outcome Performance Measure Actual Outcome
NUMBER OF PERSONS NEW ACCESS TO A SERVICE
ASSISTED
05 Public Sen/i= (General)S70.201(e) ITM
s. Actual Amount Actual Amount
o
Actual Units Actual Units
Project (45) i CPMP
Grantee Name: 3urisdiction
Project Name: DOMINICAN SISTERS HEALTH SERVICES SOUTHOLD
Description: TDZS Project #: IUOG Code: IuoG Code/~Lff~ 01 - 0~'~ -0~
PRO'SION OF HOME H~LTH SEDUCES TO THE E~E~Y AND LOWER INCOH PE~ONS. LMC
L~tion: Prbr~ N~ ~t~o~
103-6 W. NO.AUK HIGHWAY ~ Public Se~ces
HAM~ON ~YS NY 11946 Sele~ one:
~p~netion:
~ed Completion Date:
3/31/2009
O~e ~o~
O ~ Ho~lng
~ Su~e ~ing Envimnm~
0 E~nomic ~n~ S~ Obj~k~
Outcome Categories ~ Improve ~e ~ for Iow/m~ Income ~ns ~ ~
~ A~i~bi~/A~lbil~ I
~ ~abil~
D S~inab~ 3 J TM
0I P.ple ]-- Pro~ 3S A~ompJ. T~: ~-- Pro~
~ Unde~ay Unde~ay
~ ~ Com~l~
~ ~mpl.~: I* P~ Accompl. Type: ~* Pro~
~ Unde~ay Unde~ay
Com~l~e Complete
Proposed Outcome Pe~ormance Measure A~ual Outcome
NUMBER OF PERSONS NEW ACCESS TO A SERVICE
ASS~ED.
~ A~ual Amount A~ual ~unt
Project (46) 1 CPMP
Grantee Name: .lurisdiction
Pro~ect Name: ADMINISTRATION TOWN OF SOUTHOLD
Description: ZDZS Project #: I I UOG Code:
FUNDS PROVIDED TO THE TOWN OF SOUTHOLD FOR THE GENERAL ADMINISTRATION OF THE CDSG PROGRAM.
Loc~tion: Priority Need Cate(lory
TOWN HALL 53095 i Pla n ning/Ad ministration i~,1
MA/N ROAD SOUTHOLD NY Select one:
11971
Explanation:
Expected Completion Date:
3/3~.12009
Objective Cat~gory
0 Decent Housing
O Suitable Living Environment
0 Economic OpportuniLy Specific Ol~iective~
Outcome Categories 1
[] Availability/Accessibility l
[] Affordability 2
[] Sustainability 3 I v
m Accompf. Type: I v Proposed Accompl. Type: I v Proposed
4~ Underway Underway
· Complete Complete
E IT Proposed ITM Proposed
iUnderway Underway
q , Complete Complete
~ ~ Accompl. ~: .~:ompL T~:
~ Underway Underway
corn plete Complete
Proposed Outcome Performance Measure Actual Outcome
2L~ General Program Administration 570.206 I v Matrix Codes
~. Actual Amount Actual Amount
Actual Amount Actual Amount
E
,fflAccompl. Type: I TPropcmed Units Accompl. Type: I v: Proposed Units
~ Actual Units Actual Units
A=mp,.Type: IT prope uni'- omp,. T,pe:
Actual Unite Actual Units
Project (47) 1 CPMP
Law No.
Rev. 5/10/07
Community Development Block Grant Agreement
IFMS No.
Suffolk County Legislative Requirements Exhibit for
Contracts
This exhibit is attached to and is made part of the contract executed with
the County.
Municipality's/Vendor's Public Disclosure Statement Form SCEX 22;
rev. 3/30/04 (form consists 0fthree pages; requires signature & notarization)
Note: The Municipality's/Vendor's Public Disclosure Statement Form
SCEX 22; rev. 3/30/04, references the following law, which is included with
this Exhibit.
· Suffolk County Administrative Code Section A5-7 (consists of 3
pages).
II.
Union Organizing Certification / Declaration (form consists of two pages;
requires signature)
III. Lawful Hiring of Employees Law - form LHE-6 (form consists of one
page; requires Departmental signature
Page 46 of 46
I
Contractor's/Vendor's Public Disclosure
Statement Documents
Suffolk County Form 22
Contractor s/Vendor s Pubh¢ Disclosure Statement
Pursuant to Section A5-7 of the Suffolk County Administrative Code, this Public Disclosure Statement
must be completed by all contractors/vendors that have a contract wffh Suffolk County, In the event
contractor/vendor is exempt from completing paragraphs numbered 1 through 11 below, so indicate at
paragraph number 12 below setting forth the reason for such exemption. Notwithstanding such exempt
status, you must execute this form below before a notary public.
1, Contractor's/Vendor's Name -'~"~'-- - --- J" ( / /
2. Contracting Department's Name z' ,,v _ Zip Code I
Address
3. Payee Identifies'rich or Social Secu:ty
5.b
Type of Business__Corporation__Partnership__, Sole Proprietorship__Other
Is contractor/vendor entering into or has contractor/vendor entered into a' contract with Suffolk
County in excess of'$1,0007 Yes No.
Has contractor/vendor entered into three or more contracts, including the one For which you are
now completing this form, with Suffolk County, any three of which, when combined, exceed
$1,0007 Yes N'o.
Table of Organization. List names and addresses of all prindpals; that is, ali ind]viduais serving
on the Board of Directors or comparable body, names and addresses of all par~ners, and names
and addresses of all corporate officers. Conspicuously identify any person in this table o£
organization who is also an officer or an employee of Suffolk County, (Attach additional sheet if
necessary,)
List all 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, (St,tike this out if not applicable,)
I0, The undersigned Shall include this Contractor's/Vendor's Public Disclosure Statement with the
contract, (Describe general nature of the contract,)
11, Remedies, The h/lure to file a verified public disclosure statement as required under local law
shall constitute a material 5reach of contract, Suffolk County ma7 resort, use or employ any
remedies contained in Article 12 of the Uniform Commercial Code of the State of New York, In
addition to all legal remedies, Suffolk County shall be entitled, upon a determination that a
breach has occurred; to damages equal to fifteen percent (1,5%) of the amount of the contract
12. If you are one of the entities listed below at a) t~ough c) or you qualify under d) below, you are
exempt from completing paragraphs numbered 1 through ] 1 herein:
_, ,a,) Hospital
. ,.. ,.. ,.. ,.. ,.. ,.~ b ) Educational or goverrumental entries
c) Not-for-profit corporations
_ d) Contracts providing for foster care, family day-care providers or child protective
services
Please check to the lefi side of the appropriate exemption,
I3. Verificatiom This section must be signed by an officer or p~dncipal 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 t~[;~lt he/she has read and understood the
foregoing statements and that they are, to his/'ner ow n//wledge, true,
Printed Name oftSigner: ~' ,:L.~::~
Title,f Signer: ._Y"c~.~Yl.o_~ L~'t J "r) t/~ ' .
Name of Contractor/Vendor:
UNIFOP, g4 CERTIFICATE OF ACKNOWLEDGMENT
(V/ithin New York State)
STATE DF NEW Y DP.X)
COUNTY OF
On the,~ -I~ o£~.. ~"-(.~/'iL ~n the year 200gbe£ore 'ne. the ,mders~gned, personal y appeared
.--J'c~, t(u,'-C¢[f personally known to me or proveC ro me ~n the basis of saushcrory evidence
to be the individual(s, whose name(s) is (are: subset/bed to the within insrmmenl and acknowledged to
me that he/she/:hey executed me same r his/her/their capachy(ies and that ~y his/her/their signature(s)
on the instrument, the individual(s) or the person upon behalf of which me ma~vmual(s) acted executed
the instrument
(signature ~nd offi'~e ~fiindi '{dual taking acknowtedgement)
LtNDA J COOPER
NOTARY pUBLIC, State o~ New 'Cork
NO. 01CO4822563, Suffolk COL~/
Term Expires December 31,20! (.z
Suffolk County, New York
Department of L~bor
SUFFOLK COUNTY DEPARTMENT OF LABOR - LABOR MEDIATION UNIT
UNION ORGANIZING CERTIFICATION/DECLARATION - SUBJ~iCT 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, Illand IV
below. Completed forms must be submitted to the awarding agency.
Cgunty Contractor: "Any employer that receives more than $50,000 in County funds for supplying goods or services pursuant to a
writXen 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; ar pursuant to a subcontract with
any of the above."
Section 1
The Union Organizing Law applies to this contract. I/we 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, br deter union organizing. (Chapter 466-9 B)
Ch,:ck if I/we further agree to take all action necessary to ensure that County .funds are not used to assist, promote, or deter
Applicable :union organizing. (Chapter 466-3 H)
~"~'/ ~....~'~I/we further agree that if any expenditures o~ costs incurred to assist, promote, or deter union ~rganizing are made,
I ~ [ I/we 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)
I/we further affirm to the following:
I/we will not express to employees any false or misleading information that is intended to influence the
determination of employee preferences regarding union representation;
1/we will not coerce or intimidate employees, explicitly or implicitly, in selecting or not selecting a bargaining
representative;
, I/we will not require an employee, individually or in a group, to at[end 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 nonconfrontational procedures for the resolution ofprerecognition 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, tinqoly, and quality provision of go6ds and services to the County. l/we shall include a list of said
procedures in such certification.
[/we further 'agree that every County contract for the provision of services, when s[~ch services will be performed on
County property, shafl include a requirement that I/we adopt a reasonable access agreement, a neutrality'agreement,
fair communi~ation agreement, no intimidation agreement, and a majority authorization card agreement.
I/we further agree that every County conti'act for the provision of human services, when such services are not to be
perfon~ned on County property, shall include a requirement that I/we adopt, at the least, a neutrality agreement.
l/we understand that the effic/eht, timely, and nondisruptive provision of goods and services is a paramount financial
interest of the County of Suffulk and as such, the County expects the potential County contractor to protect the
County's financlal interest by adopting nonconfrontational procedure~ for the orderly resolution of labor disputes,
including, but not limited to, neutrality agreements, majority authorization card agreements, binding arbitratibn
agreements, fair communication agreements, nonintimidation agreements, and reasonable access agreements:
DOL.LO1 (6/05}
Suffolk County, Now York
Department of Labor
Section II
The Union Organizing Law does not apply to this contract for the following reason(s):
Check if
Applicable
Section III
Contractor Address: ~_~'C37~'~/'/4'0~?,,,,'~ /~/~ ~ f'f~ Amountof'Assistance:
Section IV
I declare under p,~lty of perjury under the Laws of flue State of New York that the undersigned is authorized to I~rovide this
Au~horiz~ignamre / Date -- /
Print Name and Title of Authorized ~epresentafi~e //-
SUFFOLK COUNTY DEPARTMENT OF LABOR
NOTICE OF APPLICATION TO CERTIFY COMPLIANCE WITH FEDERAL LAW
(8 U.S.C. SECTION 1324A)
WITH RESPECT TO LA WFUL HIRING OF EMPLOYEES
VERIFICATION OF SUBMISSION OF L/IWFUL HIRING OF EMPLOYEES
Suffolk County Code, Chapter 234 (2006)
To Be Completed By the Lawful Hiring of Employees Unit
DATE: May 24, 2007
TO: Joseph Sanseverino, S.C. Dept. of Economic Development & Workforce Dev.
FROM.'~l~renda Rosenberg~ Director
EMPLOYER: Town of $outhold
VENDOR #: 11-6001939
REF#: Block Grant Activities
You are hereby notified that the submission from Town of Southold been received by the
Lawful Hiring of Employees Unit of the Suffolk County Department of Labor. We find that
this submission is complete and is in compliance with the requirements set forth by the
Suffolk County Lawful Hiring of Etnployees Law (Local Law #52-2006).
LHE-3
(01/07)
MARTIN D. FINNEGAN
TOWN ATTORNEY
m ar tin.finnegan@town.southold.ny.us
JENNIFER ANDALORO
ASSISTANT TOWN ATTORNEY
jennifer.andalm'o@~own.southold.ny.us
LORI M. HULSE
ASSISTANT TOWN ATTORNEY
lori.hulse@town.southold.ny.us
SCOTT A. RUSSELL
Supervisor
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1939
Facsimile (631) 765-6639
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
To:
MEMORANDUM
Ms. Sandi Berliner
From:
Lynne Krauza
Secretary to the Town Attorney
Date: March 26, 2010
Subject:
Agreements w/North Fork Early Learning Center
2007 and 2008
Please be advised that Lori has reviewed and approved the attached
Agreements between the North Fork Early Learning Center and the Town of
Southold in connection with the referenced matter. A copy of the resolutions
authorizing Scoff to sign these Agreements are also attached.
In this regard, kindly have Scott sign and date all four counterparts where
indicated and return to me for processing.
Thank you for your attention. If you have any questions, please do not
hesitate to call me.
Ilk
Enclosures ~
cc: Ms. Elizabeth A. Neville, Town Clerk (w/encls.)
RESOLUTION 200%650
ADOPTED
DOC ID: 3074
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-650 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 31, 2007:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute Subrecipient Agreements in connection with the 2007
Community Development Block Grant Program for the following programs:
North Fork Early Learning Center, Child Day Care Program $7,500
Robert Perry Child Day Care Program $7,500
North Fork Housing Alliance $5,000
Community Action Southold Town of Southold (CAST) $5,000
Dominican Sisters $5,000
all in accordance with the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Thomas H. Wickham, Councilman
AYES: Krnpski Jr., Edwards, Ross, Wickham, Evans, Russell
20i0
SUBRECIPIENT AGREEMENT
Name of Subrecipient: North Fork Early Learning Center - Child Day Care
Project Name: North Fork Early Learning Center - Child Day Care Program
THIS AGREEMENT, made the __ day of ,20__, by and between
the Town of Southold, a municipal corporation having its principal office and place of
business at 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959
(hereinafter referred to as the "Municipality") and the North Fork Early Learning Center
with offices at 150 Aldrich Lane, Laurel, New York 1,1948 (hereinafter referred to as the
"Agency").
WITNESSETH:
WHEREAS, the Town Board of the Town of Southold by resolution authorized
the execution of an Agreement with the Agency for the services of conducting a child
day care program; and
WHEREAS, the Municipality has received funds through Suffolk County from the
United States Government under Title I of the Housing and Community Development
Act of 1974, as amended (HCD Act), Public Law 93-383; and
WHEREAS, the Municipality wishes to engage the Agency to assist the
Municipality in utilizing such funds.
NOW, THEREFORE, it is mutually agreed by and between the Agency and the
Municipality as follows:
I. Activities
The Agency will be responsible for administering the Child Day Care Program in
a manner satisfactory to the Municipality and consistent with any standards required as
a condition of providing these funds. Such Program will include the activities eligible
under the Community Development Block Grant Program as described in Exhibit A -
"Program Description and Budget" attached to this Agreement and made a part hereof.
II. Consideration and Time of Performance
In consideration of the payment by the Municipality of the sum of Seventy-Five
Hundred and no/100 ($7,500.00) Dollars (Project Allocation Amount), the Agency
agrees to implement the programs and provide the services described in Exhibit A for
the period of July 1, 2007 through December 31, 2007, funded under the Community
Development Block Grant Program. The Agency agrees to provide services as
described in Exhibit A. The Municipality may extend or approve modification of the
terms and provisions of the Agreement, such as are appropriate to the carrying out of
the purposes of this Agreement.
III. Payment
It is expressly agreed and understood that the total amount to be paid by the
Municipality under this Agreement shall not exceed $7,500.00. Drawdowns for the
payment of eligible expenses shall be made against the budgets specified in Exhibit A
herein and in accordance with performance.
IV. National Objectives
All activities funded with CDBG under this Agreement must meet the CDBG
Program's National Objectives of benefiting Iow-and moderate-income persons. The
Agency certifies that the activity(les) carried out under this Agreement will meet this
National Objective.
V. Performance Monitoring
The Municipality will monitor the performance of the Agency against goals and
performance standards as stated in Exhibit A. Substandard performance as determined
by the Municipality will constitute noncompliance with this Agreement. If action to
correct such substandard performance is not taken by the Agency within a reasonable
period of time after being notified by the Municipality, contract suspension or termination
procedures will be initiated.
VI. Notices
Notices required by this Agreement shall be in writing and delivered via mail
(postage prepaid), commercial courier, or personal delivery or sent by facsimile or other
electronic means. Any notice delivered or sent as aforesaid shall be effective on the
date of delivery or sending. All notices and other written communications under this
Agreement shall be addressed to the individuals who executed this Agreement at the
address set forth on page one of this Agreement, unless otherwise modified by
subsequent written notice.
· VII. GENERAL CONDITIONS
A. General Compliance
The AGENCY agrees to comply with the requirements of Title 24 of the Code of
Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations
concerning Community Development Block Grants (CDBG)) including subpart K of
these regulations, except that (1) the AGENCY does not assume the environmental
responsibilities described in 24 CFR 570.604 and (2) the AGENCY does not assume
responsibility for initiating the review process under the provisions of 24 CFR Part 52.
The AGENCY also agrees to comply with all other applicable Federal, State and local
laws, regulations, and policies governing the funds provided under this contract. The
AGENCY further agrees to utilize funds available under this Agreement to supplement
rather than supplant funds otherwise available.
B. "Independent Contractor"
Nothing contained in this Agreement is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer/employee between the
parties. The AGENCY shall at all times remain an "independent contractor" with respect
to the services to be performed under this Agreement. The MUNICIPALITY shall be
exempt from payment of all Unemployment Compensation, FI/gA, retirement, life and/or
medical insurance and Workers' Compensation Insurance, as the AGENCY is an
independent contractor.
C. Hold Harmless
The AGENCY shall hold harmless, defend and indemnify the MUNICIPALITY
from any and all clairas, actions, suits, charges and judgments whatsoever that arise out
of the AGENCY's performance or nonperformance of the services or subject mailer
called for in this Agreement.
D. Workers' Compensation
The AGENCY shall provide Workers' Compensation Insurance coverage for all
of its employees involved in the performm~ce of this Agreement.
E. Insurance & Bonding
The AGENCY shall carry sufficient insurance coverage to protect contract assets
frora loss due to theft, fraud and/or undue physical damage, and as a minimum shall
purchase a blanket fidelity bond covering all employees in an am6unt equal to cash
advances from the MUNICIPALITY.
F. .Suspension or Termination
In accordance with 24 CFR 85.43, the MUNICIPALITY may suspend or
terminate this Agreement if the AGENCY materially fails to comply with any terms of
.this Agreement, which include (but are not limited to) the following:
Failure to comply with any of the roles, regulations or provisions referred to
herein, or such statutes, regulations, executive orders, and HUD guidelines,
policies or directives as may become applicable at any time.
Failure, for any reason, of the AGENCY to fulfill in a timely and proper manner
its obligations under this Agreement.
3. Ineffective or improper use of funds provided under this Agreement; or
Submission by the AGENCY to the MUNICIPALITY reports that are incorrect or
incomplete in any material respect.
In accordance with 24 CFR 85.44, this Agreement may also be terminated for
convenience by either the MUNICIPALITY or the AGENCY, in whole or in part, by setting
forth the reasons for such termination, the effective date, and, in the case of partial termination,
the portion to be terminated. However, if in the case of a partial termination, the
MUNICIPALITY determines that the remaining portion of the award will not accomplish the
purpose for which the award was made, the MUNICIPALITY may terminate the award in its
.entirety.
VIII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The AGENCY agrees to comply with 24 CFR 84.21-28 and agrees to adhere to
the accounting principles and procedures required therein, utilize adequate
internal controls, and maintain necessary source documentation for all costs
incurred.
2. Cost Principles
The AGENCY shall administer its program in conformance with OMB Circulars
A-122, "Cost Principles for Non-Profit Organizations," or A-21, "Cost Principles
for Educational Institutions", as applicable. These principles shall be applied for
all costs incurred whether charged on a direct or indirect basis.
B. Documentation and Record Keeping
1. Records to be Maintained
The AGENCY shall maintain all records required by the Federal
regulations specified in 24 CFR 570.506, that are pertinent to the activities to be
funded under this Agreement. Such records shall include but not be limited to:
Records providing a full description of each activity undertaken;
Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG Program;
Records required to determine the eligibility of activities;
4
Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG
assistance;
Records documenting compliance with the fair housing and equal
opportunity components of the CDBG Program;
Financial records as required by CFR 570.502, and 24 CFR 84.21-
28; and
Other records necessary to document compliance with Subpart K
of 24 CFR Part 570.
2. Retention
The AGENCY shall retain all financial records, supporting documents,
statistical records, and all other records pertinent to the Agreement for a period of
five (5) years. The retention period begins on the date of the final payment to the
AGENCY for activities implemented under this Agreement. Notwithstanding the
above, if there is litigation, claims, audits, negotiations or other actions that
involve any of the records cited and that have started before the expiration of the
five-year period, then such records must be retained until completion of the
actions and resolution of all issues, or the expiration of the five-year period,
whichever occurs later.
3. Client Data
The AGENCY shall maintain client data demonstrating client eligibility
for services provided. Such data shall include, but not be limited to, client name,
address, income level or other basis for determining eligibility, and description of
service provided. Such information shall be made available to MUNICIPALITY
monitors or their designees for review upon request.
4. Close-outs
'lt~e AGENCY's obligation to the MUNICIPALITY shall not end until all
close-out requirements are completed. Activities during this close-out period .
shall include, but are not limited to: making final payments, disposing of program
assets (including the return of all unused materials, equipment, unspent cash
advances, program income balances, and accounts receivable to the
MUNICIPALITY, and determining the custodianship of records, Not
withstanding the foregoing, the terms of this Agreement shall remain in effect
during any period that the AGENCY has control over CDBG fitnds, including
program income.
5. Audits & Inspecitons
All AGENCY records with respect to any matters covered by this
Agreement shall be made available to the MUNICIPALITY, Suffolk County, and
the Copmptroller General of the United States or any of their authorized
representatives, at any time during normal business hours, as often as deemed
necessary, to audit, examine, and make excerpts or transcripts of all relevant dat~.
Any deficiencies noted in audit reports must be fully cleared by the AGENCY
within 60 days after receipt by the AGENCY. Failure of the AGENCY to comply
5
with the above audit requirements will constitute a violation of this contract and
may result in the withholding of future payments. The AGENCY hereby agrees
to have an annual agency audit conducted in accordance with current OMB
Circular A- 133 policies.
Reporting _and Payment Procedures
1. .Program Income
The AGENCY agrees to return all program income to the
MUNICIPALITY. The MUNICIPALITY shall designate the specific activities~to
be undertaken with program income. All provisions of this Agreement shall
apply to any program income assigned by the MUNICIPALITY to the AGENCY,
All program income shall be substantially disbursed for agreed upon activities
before the MUNICIPALITY shall request additional cash withdrawals for the
same activities.
2. ~ ayme_n_nt_ Procedures
The MUNICIPALITY will pay to the AGENCY funds available under this
Agreement based upon information submitted by the AGENCY and consistent
with any approved budget and MUNICIPALITY policy concerning payments.
Payments will be made for eligible expenses actually incurred by the AGENCY,
and not to exceed actual casb requirements.
3. Program Report~
The AGENCY sball submit regular Program Reports to ihe
MUNICIPALITY in the form, content, and frequency as required by the
MUNICIPALITY.
Procurement
The AGENCY shall comply with current Suffolk County Consortium
policy concerning the purchase of equipment and shall maintain inventory records
of all non-expendable personal property as defined by such policy as may be
procured with funds provided herein.
Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement
shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR
570.502, 570.503, and 570.504, as applicable, which include but are not limited to
the following:
The AGENCY shall transfer to the MUNICIPALITY any CDBG fi~nds on
hnnd and any accounts receivable attributable to the use of funds under
this Agreement at the time of expiration, cancellation, or termination.
Real property under the AGENCY's control that was acquired or
improved, in whole or in part, with funds under this Agreement in excess
6
of $25,000 shall be used to meet one of the CDBG National Objectives
pursuant to 24 CFR 570.208 until five (5) years after expiration of this
Agreement~ If the AGENCY fails to use CDBG-assisted real property in a
manner that meets a CDBG National Objective for the prescribed period
of time, the AGENCY shall pay the MUNICIPALITY an amount equal to
the current fair market value of the property less any portion of the value
attributable to expenditures on non-CDBG funds for acquisition of, or
improvement to the property. Such payment shall constitute program
income to the MUNICIPALTIY. The AGENCY may retain real property
acquired or improved under this Agreement after the expiration of the
five-year period.
IX. RELOCATION POLICY
The AGENCY agrees to comply with (a) the Uniform Relocation Assistance and Pceal
Property Acquisition Policies Act of 1970, as amended URA), and implementing regulations at
49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing
the Residential Anti-displacement and Relocation Assistance Plan under Section 104(d) of the
HCD Act. The AGENCY shall provide relocation assistance to displaced persons as defined by
24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition.
PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights
i. Compliance
The AGENCY agrees to comply with Title VI of the Civil Rights Act of
1964 as amended, Title VIII of the Civil Rights Actof 1968 as amended,
Section 104(b) and Section 109 of Title I of the Housing and Community
Development Act of 1974 as amended, Section 504 of the Rehabilitation
Act of 1973, the Americans with Disabilities Act of 1990, the Age
Discrimination Act of 1975, Executive Order 11063, and Executive Order
11246 as amended by Executive Orders 11375, 11478, 12107 and 12086.
2. Nondiscrimination
The AGENCY agrees to comply with the non-discrimination in
employment and contracting opportunities laws, regulations, and
executive orders referenced in 24 CFR 570.607, as revised by Executive
Order 13279. The applicable non-discrimination provisions in Section
109 of the HCDA are still applicable.
3, Section 504
The AGENCY agrees to comply with all Federal regulations issued
pursuant to compliant~e with Section 504 of the Rehabilitation Act of 1:973
(25 U.S.C. 794), which prohibits discrimination against the individuals
with disabilities or handicaps in any Federally assisted program.
7
Affirmative Action
1. AOENCYPLAN
The AGENCY agrees that it shall be committed to carry out an
Affirmative Action Program in keeping with the principles as provided
President's Executive Order 11246 of Septemher 24, 1966.
2. Women-Minority-Owned Businesses (W/MBE)
The AGENCY will use its best efforts to afford small businesses, minority
business enterprises, and women's business enterprises the maximum
practicable opportunity to participate in the performance of this contract.
3. Fair Housing
The AGENCY agrees to comply with the requirements of Title VIII of the
Civil Rights Act of 1968 (PL 90-284) known as the Fair Housing Act,
which prohibits discrimination in the sale or rental of housing, the
financing of housing, or the provision of brokerage services including
making unavailable or denying a dwelling to any person because of race,
color, religion, sex, national origin, creed, ancestry, disability, age,
marital/familial status, or sexual orientation.
4. Access to Records
The AGENCY shall furnish and cause each of its own subrecipients or
subcontractors to furnish all information and reports required hereunder
and will permit access to its books, records and accounts by the
MUNICIPALITY, HUD or its agent, or other authorized Federal officials
for purposes of investigation to ascertain compliance with the rules,
regulations and provisions stated herein.
Equal Employment Opportunity and Affirmative Action (EEO/AA)
Statement
The AGENCY will, in all solicitations or advertisements for employees
placed by or on behalf of the AGENCY, state that it is an Equal
Opportunity or Affirmative Action employer.
Employment Restrictions
1. Prohibited Activity
The AGENCY is prohibited from using funds provided herein or
personnel employed in the administration of the program for: political
activities; inherently religious activities; lobbyirig; political patronago; a~d
nepotism activities.
8
.2. Labor Standards
The AGENCY agrees to comply with the requirements of the Secretary of
Labor in accordance with the Davis~Bacon Act as amended, the provisio,as
of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq:)
and all other applicable Federal, state and local laws and regulations
pertaining to labor standards insofar as those acts apply to the performance
of this Agreement. The AGENCY agrees to comply with the Copeland
Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing
regulations of the U.S. Department of Labor at 29 CFR Part 5.
Section 3 Clause
The AGENCY agrees to comply with the provisions of Section 3 of the
HUD Act of 1968, as amended, and as implemented by the regulations set
forth in 24 CFR 135, and all applicable rules and orders issued hereunder
prior to the execution of this contract, shall be a condition of the Federal
financial assistance provided under this contract and binding upon the
AGENCY and any of the AGENCY's subrecipients and subcontractors.
Conduct
1. Assignability
The AGENCY shall not assign or transfer any interest in this Agreement.
2. Hatch Act
The AGENCY agrees that no funds provided, not' personnel employed
under this Agreement, shall be in any way or to any extent engaged in the
conduct of political activities in violation of Chapter 15 of Title V of the
U.S.C.
3. Conflict of Interest
The AGENCY agrees to abide by the provisions of 24 CFR 84.42 and
570.61 I, which include (but are not limited to) the following:
The AGENCY shall maintain a written code or standards of
conduct that shall govern the performance of its officers,
employees or agents engaged in the award and
administration of contracts supported by Federal funds.
ID.
No employee, officer or agent of the AGENCY shall
participate in the selection, or in the award, or
administration of, a contract supported by Federal funds ifa
conflict of interest, real or apparent, would be involved.
No covered persons who exercise or have exercised any
f~anctions or responsibilities with respect to CDBG,assisted
activities, or who are in a position to participate in a
9
Lobbying
decision-making process or gain inside information with
regard to such activities, may obtain a financial interest in
any contract, or have a financial interest in ay contract,
subcontract, or agreement with respect to the CDBG-
assisted activity, or with respect to the proceeds from the
CDBG-assisted activity, either for themselves or those wiith
whom they have business or immediate family tios, durigg
their tenure or for a period of one (I) year thereafter. For
purposes of this paragraph, a "covered person" includes
any person who is an employee, agent, consultant, officer,
or elected or appointed official of the MUNCIPALITY, the
AGENCY, or Suffolk County.
The AGENCY hereby certifies that:
No Federal appropriated funds have been paid or will be paid, by
or on behalf of it, to any person for influencing or attempting to
influence any officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee ora
Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative
agreement;
If any funds other than Federal appropriated funds have been paid
or will be paid to any person for influencing or 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, it will complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying", in
accordance with its instructions; and
It will require that the language of paragraph (d) of this
certification be included in the award documents for all subawarc[s
at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all
Subrecipients shall certify and disclose accordingly.
Lobbying Certification
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31,
U.S.C. Any person who fails to file the mquire'd certification shall
be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
t0
Copyright
If this contract results in any copyrightable material or inventions, the
MUNICIPALITY and Suffolk County reserves the right to royalty-free,
non-exclusive and irrevocable license to reproduce, publish or otherwise
use and to authorize others to use, the work or .materials for goeemmetatal
purposes.
R~eligious Activities
The AGENCY ag~kees that funds provided under this Agreement will not
be utilized for inherently religious activities prohibited by 24 CFR
570.2000), such as worship, religious instruction, or proselytization.
XI. ENVIRONMENTAL CONDITIONS
A. Air and Water
The AGENCY agrees to comply with the following requirements insofar as they
apply to the performance of this Agreement:
Clean Air Act, 42 U.S.C., 7401, etseq.;
Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et
seq., as amended, 1318 relating to inspection, monitoring, entry, reports,
and information, as well as other requirements specified in said Section
114 and Section 308, and all regulations and guidelines issued thereunder;
Enviromnental Protection Agency (EPA) regulations pm'suant to 40 CFR
Part 50, as amended.
Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973
(42 U.S.C. 4001), the AGENCY shall assure that for activities located in an area
identified by the Federal Emergency Management Agency (FEMA) as having
special flood hazards, flood insurance under the National Flood Insurance
Program is obtained and maintained as a condition of financial assistance for
acquisition or construction purposes (including rehabilitation).
Lead-Based Paint
The AGENCY agrees that any construction or rehabilitation of residential
structures with assistance provided under this Agreement shall be subject to HUD
Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart
B. Such regulations pertain to all CDBG-assisted housing and require that all
owners, prospective owners, and tenants of properties constructed prior to 1978
be property notified that such properties may include lead-based paint. Such
notification shall point out the hazards of lead-based paint and explain the
symptoms, treatment and precautions that should be taken when dealing with
lead-based paint poisoning and the advisability and availability of blood level
screening for children under seven. The notice should also point out that if lead-
11'
based paint is found on the property, abatement measures may be undertaken.
The regulations further require that, depending on the amount of Federal funds
applied to a property, paint testing, risk assessment, treatment and/or abatement
may be conducted.
D. Historic Preservation
The AGENCY agrees to comply with the Historic Preservation requirements set
forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C.
470) and the procedures set forth in 36 CFR Part 800, Advisory Council on
Historic Preservation Procedures for Protection of Historic Properties, insofar as
they apply to the performance of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer
for all rehabilitation and demolition of historic properties that are fifty years old
or older or that are included on a Federal, State or local historic property list.
XII. SEVERABII, ITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall
not be affected thereby and all other parts of this Agreement shall nevertheless be in fall 'force
and effect.
XIII. SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for
convenience only and shall not limit or otherwise affect the terms of this Agreement.
XIV. WAIVER
The MUNICIPALITY's failure to act with respect to a breach by the AGENCY does not
waive its right to act with respect to subsequent or similar breaches. The failure of the
MUNICIPALITY to exercise or enforce any right or provision shall not constitute a waiver of
such right or provision.
XV. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the MUNICIPALITY and the
AGENCY for the use of funds received under this Agreement and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral, or va'itten between
the MUNICIPAI.,ITY and the AGENCY with respect to this Agreement.
12
IN WITNESS WHEREOF, the parties hereto have executed this Agreement bY
their respective signatures the day and year last written below.
TOWN OF~IJTHOLD
ScottY. Russell
Title: Supervisor
Date:
FAMILY SERVICE LEAGUE, INC.
By:
Title:
Date:
EXHIBIT A
Program Description and Budget
Program Description:
(Complete description of activity to be undertaken including what products or servioes
are to be performed, where they are to be provided, for whom they are to be provided,
how they are to be provided)
Budget:
The total CDBG costs of this Agreement shall not exceed $
AGENCY agrees to utilize CDBG funds for the following expenses:
· The
Salaries and Benefits
Rental Space.
Utilities
Supplies and Materials
Program/Service Costs (Specify)
a)
b)
c)
d)
Other (Specify)
Total CDBG Budget
$. ~3---00. oo
C. Levels of Accomplislunent - Goals and Performance Measures
The levels of accomplishment may include such measures as units rehabbed, persons or
households assisted, meals served, jobs created, persons counseled and should also
include time frames for performance.
The Subrecipient agrees to provide the following levels of program services:
Activity Number Assisted _Type of Measurement
Restorh,g Hope. Rebuilding L~ves.
NORTH FORK EARLY LEARNING CENTER
PROGRAM PURPOSE
North Fork Early Learning Center is a licensed early childhood education and child care program.
it was founded in 1981, and is licensed by New York State. It is based on file Developmental
Interactive Appreacb developed at the Bank Street College of Education. It is our goal to create a
school environment that. is supportive of each individual child as they develop their full human
potential. We particularly seek to support the development of self-confidence, cooperation, self-
esteem, and a love of learning.
PROGRAM DESCRIPTION
We offer a year-round, child care and preschool programs designed for flexibility for both parents
and children. Along with our year-round program for young children, including operating the
Mattltuck-Cutchogue UFSD Universal Pre-K program, we offer two summer camp programs for.
children - one for children 18 monfl~s to 5 years of age and one for children 5 through 12 years of
age.
PERSONS SERVED
Our year-round program serves children 18 months to 5 years of age. Our summer camp
programs serve both children 18 months to 5 years of age and children 5 through 12 years of age.
Our Universal Pre-K program serves only those who are 4 years of age and eligible for
kindergarten in the following September.
FEES
PROGRAM
PROGRAM
A fee card is available upon request.
HOURS
Our center is open year-round, Monday to Friday, 7:30 a.m. - 5:30 p.m.
Flexible Hours, full day and half day schedules. 'Closed on all the major
holidays and the week in-between Christmas and New Year's Day.
LOCATION
Mattituck-Cutchogue's Laurel School building
475 Franklinville Road in Laurel, NY
CONTACT
Linda Ruland, Program Director
631-298-9573. Fax: 631-298-4376
Email: n fele 1 ~optonline.net.
Diane Goldberg
Center for Behavioral Health
Center for Chilch'en arid Youth
C~nLer for Family Support
Cemer for ttousing
and Homeless
Center [or Job Development
a~ mi 'l'ed'mology
Center lot Senior S~pport
Family Service LeaGue
helps individuals, children
and tamilies 1:o mobilize dreir
strengths and improve I:he
quailb, elc lheir lives at home,
in the workplace al:Id in
the community.