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HomeMy WebLinkAboutAgreement-Comprehensive Planning Assistance Program . .ject Number N.Y.P. 11113 Page 1 t .' " CONTINUING PLANNING ASSISTANCE PROJECT GRANT AGREE~IENT BETWEEN NEW YORK STATE OFFICE OF PLANNING AND COORDINATImc 383 6 3 LOCAL AGENCY THIS AGREE~IENT, made and entered this -z.-q ft, day of a-~~ 19 I?"~ by and between the Town of Southold, County of Suffolk, state of New York hereinafter referred to as the "Local Agency," and the State of New York, acting by and through its Office of Planning Coordination, 488 Broadway, Albany, New York 12207, hereinafter referred to as the "State Planning Agency," WITNESSETH: WHEREAS, the State Planning Agency, pursuant to the provisions of Section 548 of the Executive Law of the State of New York, is the official agency for the State of New York for all of the purposes of the Federal Housing Act of 1954, as amended, as such provisions relate to the Continuing Planning Assistance Program, and as such agent is empowered to administer any grant or advance of funds for the assistance of any such activities to the State, or through the State to local agencies thereof, and WHEREAS, Section 548 of the Executive Law authorizes the State Plan- ning Agency to contract with local agencies of the State for the provision of the non-Federal share of the cost of Continuing Planning Assistance rrc- gram projects, and WHEREAS, the Local Agency has heretofore submitted to the State Plan- ning Agency an application for Federal and State aid under the Continuing Planning Assistance Program in order to guide the growth and development of the.Local Agency as a whole, more particularly described in "Schedule A," hereto annexed and made a part hereof, and hereinafter sometimes referred to as the "Project," and WHEREAS, the aforesaid Project has been approved and accepted by the State Planning Agency and by the Federal Department of Housing and Urban Development. NOW, THEREFORE, pursuant to and in consideration of the above, and in consideration of the Local Agency's adoption and ratification of the representation and assurances contained in the aforesaid application for Federal and State aid, the benefits to accrue to the Local Agency and the public from the accomplishment of the Project and other mutual covenants and obligations herein contained, it is STIPULATED AND AGREED, as follows: 1. Accomplishment of the Project. a. The State Planning Agency will contract with a Consultant :: undertake the Project described in "Schedule A" and through said Consu::~~: be solely responsible for carrying out and completing the said Project ~~i for all decisions relating to it. The Project period shall be from August 15 , 1969 , through November 15, 19:J9. 'E.'; State Planning Agency will supervise and inspect the Project during itc progress and upon completion thereof will accept or reject the same. l~'; State Planning Agency will be responsible for and make all payments to :~~ Consultant which may become due under the terms of such contract. . .roject Number N.Y.P. # 113 Page 2 b. Upon completion of the Project the S~ate Planning Agency agrees to render such assistance to the Local A~e~cy as may be necessary to prepare, layout, reproduce or publish essential ?~Jject reports and materia~, and to advise the Local Agency on methods of pre~e~~ation of such reports and material through public hearings, newspapers, and other public infor- mation media. The Local Agency agrees to caref~::y study and consider the results of the said Project and to be solely res~c~sible for their adoption- or rejection. 2. Specific Duties of the Local Agency. a. The Local Agency will make available without charge to the State Planning Agency, any office space needed by the Consultant in additio~ to his usual place of business for the performance of the services agreed to under this Agreement. b. The Local Agency agrees to cooperate with the State Planning Agency and the Consultant engaged by the State Pla~ning Agency at all times during the progress of the Project and to promptly study and act upon all proposals and other matters submitted to it for consideration. Representa- tives of the Local Agency will meet upon call wit~ the State Planning Agency and/or the Consultant to advise with them on any matter that may arise in connection with the Project. c. duct of the sultant and The Local Agency agrees to furnish available data for the con- Project at no cost to the State Planning Agency and/or the Con- arrange for access to municipal records, as may be necessary. 3. Local Agency Share of Total Cost of Project. a. The total cost of the Project described herein and which ,com- prises the substance of this Agreement shall not exceed the sum of $1,804.00 The total cost of the Project shall be financed as follows: State share $1,202.00 $ 301. 00 $ 301.00 Federal share Local Agency share The Local Agency agrees to pay, from funds specifically appro- priated for the Project, the sum of $ 301.00 , which sum is due and payable to the State of New York upon completion of the Project; said sum shall not exceed seventeen (17%) per cent of the total cost of the Project. b. Attached hereto and made a part hereof, is a certified copy of the official resolution of the governing body of the Local Agency agreeing to have available in the year in which the Projec~ is to be completed such funds, payable to the State of New York, and authorizing the execution of this Agreement. ~ . .I'r"i.'(~t tillr:lt.tCr' Ii.Y.l-'. II 113 Pal~c' . . /j. Chani~cs. The State Planning Agency 01' the Local ~~~ncy may from time to time request changes in the scope of technical wcri under the Project. Such requests for changes may include work to be d:'ne by the State Plannir.,' Agency and/or the Local Agency. Any changes, inc:uding an increase or decrease in the total costs necessary to carry o~: the provisions uf the Project or any part thereof, which are mutually a~reed upon by and between the State Planning Agency and the Local Agency, c.";"e be incorporated in written amendments to this Agreement. However, an; such amendment shall be subject to prior written approval and consent of :~e participating Federal authority. 5. Termination of Agreement. a. The State Planning Agency may termina~e this Agreement at any time by a notice in writing from the State Planning Agency to the Local Agency if at any time it is determined that the c:~t of the Project shall exceed the total cost as stated in Paragraph 3 hereof. However, such termination shall be subject to the prior writter. approval and consent 01' the participating Federal authority. b. If, through any cause, the Local Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Local Agency shall violate any of the covenar.:s, agreements, or stipu- lations of this Agreement, the State Planhing Agency shall thereupon have the right to terminate this Agreement by giving five days written notice to the Local Agency and specifying the effective date of termination thereof. c. If the Agreement is terminated by the State Planning Agency as heretofore provided, the Local Agency will be rei~bursed, if the required appropriation has been paid to the State of New York, in an amount which bears the same ratio to the total amount of the original funds appropriat20 by the Local Agency to the State of New York for the Project as set forth in Paragraph 3 hereof as the services which were yet to be performed under the Project at the effective date of termination tear to the total service." to be performed under the Project: Provided, ho~ever, that if less than sixty per cent of the services covered by the Project have been performed upon the effective date of such termination, the a~ount of reimburcement ~0 the Local Agency shall be reduced by an amount equal to the Local Agency':' share of the cost of that portion of the actual oUe-of-pocket expence3 incurred by the Consultant during the Project period which are directly attributable to the incompleted portion of the services to be pr0vided by the consultant under the Project. 6. Waiver of Immunity Clause. The Local Agency agrees to the provlslon~ of the Section 139-a and 139-b of the New York State Finance Law which req~ires that upon the refusal of a person, when called before a grand J~~y to testify c0nc~rn!n;' any transaction or contract had with the State, any political subdivision thereof, a public authority or with any public cle;::artment, a!~"nc:; or official of the State or of any political subclivi=!on therc0f or of a publIc authority, to sign a waiver of immunity against =~Gsequent criminal pro:;e- cut ion or to answer any relevant question concerning such transaction 01' contract, . .pr'(j,j(~'ct iJurlIL(:I' N.Y.P. # 113 par:e 4 a. Such person, and any firm, partnership or corporation of wh~c:. he is a member, partner, director or officer shall be disqualified fro~ thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with New York State or any public depart~ent, agency or official thereof, for goods, work or services, for a period of five years after Such refusal, and b. Any and all contracts made with the State of New York or any public department, agency or official thereof, since the effective date c~ this law, by such person, and by any firm, partnership, or corporation of which he is a member, partner, director or officer may be cancelled or terminated by New York State without incurring any penalty or dama€es on account of such cancellation or termination, but any monies owinf by tr:e State of New York for goods delivered or work done prior to the cancella~~:~ or termination shall be paid. 7. Representatives of Contracting Parties. In all matters relating to the performance of this Agreement th.~ Director of the Office of Planning Coordination shall act for the State Planning Agency and the Supervisor shall act for the Local Agency. 8. Agreement to be Executory. It is hereby agreed that this Agreement is executory only on t0e part of the State Planning Agency until such time as the United States of America and the State Planning Agency enter into the Federal Continuing Planning Grant Contract for this Project. . erOjr:ct lJurrdj(:r N.Y.P. #113 ,Page 5 . IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. (Municipal Seal) Town of Southold ~' BY (()q(u /.' . .(/<l;:(, ';-44- Supervisor Title STATE OF NEW YORK, acting by and through its OFFICE OF PLANNING COO NATION ~ , ~ .. Director Approved as to legal form and legal adequacy: SIGNED -B..uJ..'.-vJ (l, OJ~ " COUNSEL OFFICE OF PLANNING COORDINATION Approved as to form: DATE .. ~~!~~ tours J 'lkQ fOJU.t. . . Len Ow'itz 1<11J'ORNE;Y . SEP 3 c7~~~?';& ,Jhmnnl! /5:,..' I .'" J' . ,/ .. . t>1:..F'l(JI! :J>.SSfg;A.~'. LOUIS J. LEFKOWITZ ATTORNEY GENERAL BY Approved: th8 for STATE COMPTROLLER BY ~). c::-~ SEP 22 1969 DATE . . NYP-1l3 , . . CERTIFICATE OF LOCAL AGENCY'S ATTORNEY I, A, $& "I)r CU, 77/5kf'~ the Town of Southo1d , acting as Attorney for do hereby certify: That I have examined the foregoing Continuing Planning Assistance Project Grant Agreement and the proceedings taken by the Town Board of the Town of Southo1d . relating thereto, and find the execution thereof has been duly authorized and is in all respects due and proper and in accordance with the laws of the State of New York, and further that, in my opinion, said Project Grant Agreement constitutes a legal and binding obligation of the Town of Southo1d to pay to the State of New York the s~m of $ 301.00 in accordance with the terms thereof. Dated at0t'eJV'OD.....~ /I/')! this of 0/ 19~? ;2~d day ~ a //) .... ?o..~ Town Attorney Ti tle " r .. . · ' J' ~outhbld Town Board H..ti:~\ August 12, 1969 l';; , .i ~." ...' fC. . RESOLUTION AUTHORIZING CONTINUING PLANNING ASSISTANCE PROJECT GRANT AGREEMENT WITH NEW YORK STATE OFFICE OF PLANNING COORDINATION Justice Henry Clark: seconded by Councilman Louis Demarest: Moved by WHEREAS, the Town of Southold (municipality) York State Office of Planning has heretofore applied to the New Coordination for Federal and State aid in a continuing planning assistance project under the pro- visions of the Federal Housing Act of 1954, as amended, and Section 548 of the Executive Law of the State of New York, and such application is being processed for approval and acceptance by the Department of Housing and Urban Development and the Office of Planning Coordination of the State of New York, and WHEREAS, in order to secure the benefits of said continuing planning assistance program it is necessary for the Town of Southold (municipali ty) per centum (17 %) to contribute a sum not to exceed seventeen of the total cost and to enter into a Project Grant Agreement with the New York State Office of Planning 'Coordination, now be it RESOLVED, that the Town of Southold hereby agrees to have available in the year 1970 , the sum of Three Hundred and Sixty-seven Dollars ($ 367.00 ). or so much thereof as may be necessary to contribute a sum not to exceed seventeen per centum ( 17 %) of the total cost of said Project, to be paid to the State of New York, on condition that the above-mentioned application is approved by both the Department of Ilollsinll and tlrblln Heve IOPfllt'llt lIuJ tll/' Director of the Office of Planning Coordination of th~ S t ~i t t, of Nc:w r",rk. and be it further RESOLVED, that the Supervisor U/lv~,~1t~~ \ be and he hereby is authorized and directed to execute <111 bl'hli; f (,f t}:l' \ Town of Southold (municipal1ty) · foregoing into effect. 1 the Project Grant ^KTccmc:nt to C3TTY t~e Vote of Town . Boards Ayes-Supervisor Albert M. Marto<,chi"l Councilmen Howard Valentine and Louis Demar'ost; JUstlces Henry Clark and Martin Suter. Not Voting -Justice E. Perry Ecward8 , , ,I; ~--_.. , 'I , 'M_~". ."'_'_'_"~'_-'-C'__. ;' - STATE OF NEW YORK } "COUNTY OF SUFFOLK Office of the Clerk of the ss: ...'OWN OF SOUTH OLD ( SEALl This is to certify that I, Albert W. Richmond, Clerk of the town of Southold, in the said County of Suffolk, have compa'red the foregoing copy of resolution with the original resolution now on file in this office, and which was passed by the Town Board of the town of Southold in said County of Suffolk, on the ....~~.~~... day of .........~~.~~.~.:t;............. 19.~.~.., and that the same is a correct and true transcript of such original resolution and the whole thereof. In Witness Whereof, I have hereunto set my hand and affixed the seal of said Town this .l}:t;?...... day of ..........~~.9.~.~.~............ 19..~.~.. ....~?_tl.!:~ Clerk of the Town Board, Town of Southold, County of Suffolk, N. Y. -' . -.-- f I . I . I i i , I il !! ,- . . . SCHEDULE "A" This schedule is a part of the Continuing Planning Assistance Project Agreement between Raymond, May, Parish & Pine and the NEW YORK STATE OFFICE OF PLANNING COORDINATION and a part of the Continuing Planning Assistance Project Grant Agreement between the Town of Southold and the NEW YORK STATE OFFICE OF PLANNING COORDINATION. SCOPE OF SERVICES " I f I I , I f i i ~ , ! I 1. Review the implications of proposed reV2S2ons to the Town's Comprehensive Development Plan. Based on this review plus current policy objectives in the Town, partial revision of both the Comprehensive Development Plan Map and Text, will be recommended. In order to accomplish item (1), the Consultant will do the following: (a) Study the revisions to the Town Pl~n proposed by the community; (b) Prepare a memorandum outlining the implications of the proposed changes as they affect various aspects of the Plan. This review will emphasize the Town's planning objectives; :,. (c) Meet with the Planning Board to discuss the Consultant's recommendations regarding the revisions of the Plan map and text. 2. Analyze the new information concerning the proposed extension of the Long Island Expressway into the Town, and determine what implications such extension may have on future develop- ment, especially as it may affect agricultural, industrial, recreational, and seasonal land uses. In order to accomplish item (2), the Consultant will do the following: (a) Study the State's most recent plans for extension of the Long Island Expressway into the Town; (b) Prepare a memorandum outlining the probable impact of the extension on various aspects of community development, particularly those aspects outlined under paragraph (2) above. (c) Meet with the Planning Board to discuss the Consultant's findings with regard to their effect on the Plan. . . ~ . . . .' Scope of Services Town of Southold (continued) 3. Revise and reprint 1,000 copies of the Development Plan Brochure to reflect changes in the Plan. In addition, the Development Plan Text will be altered, by deletion or addition of text, to reflect the Town's current develop- ment policies. During the period covered by this proposal, the Consultants shall attend up to two (2) meetings of the Planning Board. In addition, the Consultants shall attend one (1) Public Information Meeting, at a time determined by the Planning Board. Any additional services requested by the Town which may extend the Consultant's time or work commitment beyond the amount set forth in this Scope of Services shall be compensated on a per diem basis. i f - 2 -