HomeMy WebLinkAboutCommunity Development Block Grant ProgramRESOLUTION 2008-460
ADOPTED
DOC ID' 3826
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-460 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 6, 2008:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute an Agreement with the County of Suffolk in
connection with the 2008 Community Development Block Grant Program in the amount of
$136,000, 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: Ruland, Orlando, Kmpski Jr., Wickham, Evans, Russell
Law No. I~ ~ ~ ~
Rev. 3/8/08
Community Development Block Grant Agreement
IFMS No.
AGREEMENT
Term of Agreement:
Total Cost of Agreement:
Terms and Conditions:
This Agreement, is between the County of Suffolk (County), a municipal corporation of the State of New
York, acting through its duly constituted Office of Community Development, ("Department") located at 100
Veterans Memorial Highway, P.O. Box 6100, Hauppange, N.Y. 11788, and the Town of Southold, (Contractor), 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 Contractor has heretofore expressed its desire to undertake or assist in undertaking essential
community development and housing assistance activities as set forth in the Housing and Community Development
Act of 1974, as amended (hereinafter referred to as "the Act"); and
The County has received and accepted a grant from the U.S. Department of Housing and Urban
Development (hereinafter referred to as "HUD") for the purposes of the Act pursuant to Suffolk County Resolution
No. 133 of 2008; 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.
As provided in paragraph 24 of Exhibit V of this Agreement, unless sooner
terminated as provided in paragraph (2) of Exhibit I of this agreement.
Shall not exceed $130,000.00 as set forth in Exhibits V1 and VII, attached.
Shall be set forth in Exh bits I through yII, attached hereto and made a part
hereof.
In Witness Whereof, the parties hereto have executed this Agreement as of {he latest date written above.
Southold
Town of ~~.~?
By:
Ho~cott A. Russell
Town Supervisor
Fed. Taxpayer ID #: 11-6001939
Date: ~-/, c~O~
Approved as to Legality:
Christine Malafi
Suffolk County Attorney
Jacquelthe Cap,ti
Assistant Count~A~omey
Date: ~-~ }2~/bcff
County of Suffolk
De<~g~ty~ecuti e and Chief of St3ff
Date.:
Approved:
Office of Community Development .
By: J/Jose.~ T. Sanseverin
~ Director.
Law No. IFMS No.
Rev. 3/8/08
Community Development Block Grant Agreement
Page
Exhibit I: General Terms and Conditions ....................................................................................................... 4
1 Contractor Responsibilities 4
a. Services ................................................................................................................................ 4
b. Qualifications and Licenses 4
c. Engineering Certificate 4
2. Term and Termination ................................................................................................................. 4
5.
6.
7
8.
9
10.
1l.
12.
13.
14.
15
16.
17
18.
19
20.
21.
a. Term 4
b. Termination for Cause .5
c. Termination for Emergencies .5
d. Termination for Convenience .5
3 Payments Upon Termination .6
Indemnification 6
a. General .6
b. FederalCopyright Act 6
Insurance 7
Independent Contractor .8
Severability 9
Merger; No Oral Changes .9
Set-Off Rights ,9
Non-Discrimination in Services .9
Constitutional Prohibition 10
Governing Law 10
No Implied Waiver 10
Conflicts of Interest ..................................................................................................................... 10
Cooperation on Claims ................................................................................................................ 11
Confidentiality 11
Assignment and Subcontracting .................................................................................................. 12
Obligations of Contractor With Respect to Certain Third Party Relationship 12
Certification as to Relationships 14
Publications and Publicity 14
Copyrights and Patents ................................................................................................................ 14
a. Copyrights 14
b. Patents .................................................................................................................................. 15
Lawful Hiring of Employees Law in Connection with Contracts for Construction
Or Future Construction 15
Exhibit II:
Suffolk County Legislative Requirements
16
1 Con~-actor's/Vendor's Public Disclosure Statement ................................................................... 16
2. Local Law No. 26-2003 - Use of County Resources to Interfere with
Collective Bargaining Activities .......................................................................................... I6
3. Lawful Hiring ofEmployees Law 17
4 Gratuities ..................................................................................................................................... l 8
5 Prohibition Against Contracting with Corporations that Reincorporate Overseas ...................... 18
6. Child Sexual Abuse Reporting Policy 18
7 Non Responsible Bidder 19
8. Use of Funds in Prosecution of Civil Actions Prohibited 19
9 Work Experience Participation 19
10. Suffolk County Local Laws Website Address 19
Page 2 of 40
Law No.
Rev 3/8/08
Community Development Block Grant Agreement
Exhibit 111: Notices and Contact Persons
IFMS No.
.2O
Exhibit IV: General Payment Terms and Conditions
.22
General Payment Terms and Conditions .22
Agreement Subject to Appropriation of Funds .22
Specific Payment Terms and Conditions .22
a. Limit of County's Obligations .22
b. Budget ................................................................................................................................... 22
c. Limitations .23
d. Payment Vouchers
e. Payments Limited to Actual Net Expenditures
f. Payments Contingent Upon Receipt of Aid
g. Payments Contingent Upon Federal Funding
4. Accounting Procedures
5. Audit
6. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures
7 Financial Statements and Audit Requirements
8. Statement of Other Contracts
.23
.23
.24
.24
.24
.25
.25
.25
.27
Exhibit V:
1
3
4.
Federal Requirements ............................................................................................................... 28
Grant Administration .28
County-Contractor Relationship .28
National Objectives .28
Performance .28
5. Citizen Participation .................................................................................................................... 29
6. Flood Disaster Protection .29
7. Equal Employment Opportunity and Affirmative Action .30
8. Lead Based Paint Hazard .33
9. Fire Prevention and Control Act .33
10. Federal Labor Standards Provisions ............................................................................................ 34
I1. Compliance with Air and Water Acts .34
12. Relocation Assistance and Acquisition of Real Property .35
13. Consolidated Plan .35
14. Displacement ............................................................................................................................... 35
15. Books and Records of Accounting .............................................................................................. 36
}6. Program Income .36
17 Real Property .36
18. Reversinn of Assets ..................................................................................................................... 37
19 Equipment-Vesting of Title .37
20. Use of Federal Funds for Lobbying 37
21 Political Activities ....................................................................................................................... 38
22. Funding Identification ................................................................................................................. 38
23 Offset of Arrears or Default .38
24. Effective Dates 38
25 Force Majeure 38
Exhibit VI: Environmental Requiremeots .39
Exhibit VII: Project Description and Budget 40
Page 3 of 40
Law No.
Rev 3/8/08
Community Development Block Grant Agreement
EXHIBIT 1
General Ter~ns and Conditions
Contractor Responsibilities
IFMS No.
Services
The Contractor for the consideration herein provided, agrees to complete in thc most substantial
workmanlike manner the community development project(s) as descr[bed in Exhibits VI and VII,
attached hereto and made a part hereof (hereinafier referred to as "CD Project(s)" CD Projects
shall not be located outside the boundaries of the Contractor without the written approval of the
County and the affected jurisdiction.
Qualifications and Licenses
To the extent applicable, the Contractor specifically represents and warrants that it has and shall
possess, and that, to the extent applicable, its employees, agents and subcontractors have and shall
possess, the required education, knowledge, experience and character necessary to qualify them
individually for the particular duties they perform and that the Contractor has and shall have, and,
to the extent applicable, its employees, agents and subcontractors have and shall have, all required
authorization(s), certificates(s), certifications(s), registration(s), license(s), perm!t(s) or other
approval(s) required by the State, County or local authorities for the services provided in
accordance with this Agreement.
Engineering Certificate
In the event that this Agreement requires any engineering services, the Contractor shall submit,
prior to, or along with, any plans, reports, specifications, permit or other apptications, analyses or
other engineering work required to be submitted to the Department for approval under this
Agreement, the Certificate(s) of Authorization, issued pursuant to § 7210 of the New York
Education Law, of its consultants, subcontractors, subcontractors, and/or any other entity
(including, but not limited to, Contractor and any of its subsidiaries, divisions, affiliates or an
entity under the control of Contractor) performing all or part of the engineering services necessary
hereunder Failure to file, submit or maintain said Certificate(s) shall be grounds for rejection of
any plans, reports, specifications, permit or other applications, analyses or other engineering work
submitted for approval under the terms of this Agreement.
Term and Termination
a. Term
This Agreement shall cover the period set forth on page one of this Agreement, unless sooner
terminated as provided below Upon receipt ora Termination Notice, as that term is defined
Page 4 of 40
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Rev. 3/8/08
Community Development Block Grant Agreement
IFMS No.
below, the Contractor shall promptly discontinue all Services affected, unless otherwise directed
by the Termination Notice.
Termination for Cause
i. 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 County
ii. Failure to comp[3, with federal, state or local laws, roles, regulations, or County policies
or directives, may result in immediate termination of this Agreement, in the sole
discretion of the County
iii. If the Contractor 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 Contractor.
iv. In the event of a failure on the part of Contractor to observe any of the other terms
and conditions of this Agreement, this Agreement may be terminated in whole or
in part in writing by the County provided that no such termination shall be effective
unless Contractor is given five (5) calendar days' (or longer, at the County's option)
written notice of intent to terminate ("Notice of Intent to Terminate"), delivered in
accordance with the Exhibit entitled "Notices and Contact Persons." During such five (5)
day period, (or longer, at the County's option) the Contractor will be given an
opportunity for consultation with the County and an opportunity to cure all failures of its
obligations prior to termination by the County In the event that the Contractor has not
cured all its failures to fulfill its obligations to the satisfaction of the County by the end of
the (5) day period (or longer, at the County's option), the County may issue a written
termination notice ("Termination Notice"), effective immediately
Termination for Emergencies
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
County, 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 County
Termination for Convenience
The County shall have the right to terminate this Agreement at any time and for any reason
deemed to be in its best interest, provided that no such termination shall be effective unless the
Contractor is given thirty (30) calendar days' prior written notice termination notice ("Termination
Notice"). In such event of termination, the County shall pay the Contractor for the services
rendered ttu'ough the date of termination.
Page 5 of 40
Law No.
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Community Development Block Grant Agreement
e. Payments upon Termination
ii.
iii,
3. Indemnification
a. General
IFMS No.
Upon receiving a Termination Notice, the Contractor shall promptly discontinue all
services affected unless otherwise directed by the Termination Notice.
The County shall be released from any and ail responsibilities and obligations arising
from the services provided in accordance with 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 Contractor prior to termination of this Agreement, that
are pursuant to, and after the Contractor's compliance with, the terms and conditions of
this Agreement.
Upon termination, the Contractor agrees to promptly reimburse to the County, by check
payable to the Suffolk County Treasurer, the balance of any funds advanced to the
Contractor by the County Upon termination, any funds paid to the Contractor by the
County which were used by the Contractor 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 Contractor from the County
under this Agreement or otherwise. The provisions of this subparagraph shall survive the
expiration or termination of the Agreement.
The Contractor 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
Contractor in connection with the services described or referred to in this Agreement. The
Contractor shall defend the County and its officers, officials, employees, contractors, agents and
other persons in any suit, including appeals, or at the County's option, pay reasonable attorney's
fees for defense of any such suit arising out of the acts or omissions or negligence of the
Contractor, its officers, officials, employees, subcontractors or agents, if any, in connection with
the services described or referred to in this Agreement.
Federal Copyright Act
The Contractor hereby represents and warrants the Contractor, will not infringe upon any
copyrighted work or material in accordance with the Federal Copyright Act during the
performance of this Contract. Furthermore, the Contractor agrees that it shall protect, indemnify
and hold harmless the County and its officers, officials, employees, contractors, agents and other
Page 6 of 40
Law No. IFMS No.
Rev 3/8/08
Community Development Block Grant Agreement
persons from 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 Contractor in connection with the services described
or referred to in this Agreement. The Contractor shall defend the County and its officers, officials,
employees, contractors, agents and other persons in any suit, including appeals, or, at the County's
option, pay reasonable attorney's fees for defense of any such suit arising out of the acts or
omissions or negligence of the Contractor, its officers, officials, employees, subcontractors,
lessees, licensees, invitees or agents, if any, in connection with the services described or referred
to in this Agreement.
a. The Contractor 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. The Contractor agrees to require that all of its subcontractors, in
connection with work performed for the Contractor 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 Contractor. Unless otherwise specified by the
County and agreed to by the Contractor, in writing, such insurance shall be as follows:
i. Commercial General Liability insurance, including contractual liability coverage, in an
amount not less than Two Million Dollars ($2,000,000.00) per occurrence for bodily
injury and Two Million Dollars ($2,000,000.00) per occurrence for property damage.
ii.
Automobile Liability insurance (if any vehicles are used by the Contractor 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 Dollars ($100,000.00) for property damage per occurrence.
iii.
Workers' Compensation and Employer's Liability insurance in compliance with all
applicable New York State laws and regulations and Disability Benefits insurance, if
required by Iaw Contractor shall furnish to the County, prior to its execution of this
Agreement, the documentation required by the State of New York Workers'
Compensation Board of coverage or exemption from coverage pursuant to §§57 ,and 220
of the Workers' Compensation Law In accordance with General Municipal Law §108,
this Agreement shall be void and of no effect unless the Contractor 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
Page 7 of 40
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Community Development Block Grant Agreement
IFMS No.
iv Professional Liability insurance in an amount not less than Two Million Dollars
($2,000,000.00) on either a per occurrence or claims made coverage basis.
(Delete this clause if not applicable)
All policies providing such coverage shall be issued by insurance companies with an A.M. Best
rating of A- or better.
The Contractor shall furnish to the County Declaration Pages for each such policy of insurance,
and upon request, a tree and certified original copy of each such policy, evidencing compliance
with the aforesaid insurance requirements. In the case of commercial general liability basurance,
the County of Suffolk shall be named as an additional insured and the Contractor shall furnish a
Declaration Page and endorsement page evidencing the County's status as an additional insured on
said policy
Any such Declaration Page, certificate of insurance, policy, endorsement page or other evidence
of insurance supplied to the County 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 Page, certificate of insurance, policy, endorsement page, othei' evidence of
insurance, and any notice of nonrenewal or material change shall be mailed to the Department at
its address as set forth in this Agreement in the paragraph entitled "Notices and Contact Persons"
or at such other address of which the County shall have given the Contractor notice in writing.
In the event the Contractor shall fail to provide the Declaration Page, certificate of insurance,
policy, endorsement page or other evidence of insurance, or fail 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 the Contractor under this Agreement or any other
agreement between the County and the Contractor.
f.
If the Contractor 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.
5. Independent Contractor
It is expressly agreed that the Contractor status hereunder is that of an independent contractor. Neither the
Contractor, nor any person hired by the Contractor shall be considered employees of the County for any purpose.
Page 8 of 40
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Community Development Block Grant Agreement
6. Severability
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 ofsnch 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
7 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 ex¢cuted by both parties.
8. SET-OFF RIGHTS
The County shall have all of its common law, equitable, and statutory rights of set-off. These rights shall
include, but not be limited to, the County's option to withhold, for the purposes of set-off, any moneys due to the
Contractor under this contract up to any amounts due and owing to the County with regard to this contract and/or
any other contract with any County department or agency, including any contract for a term commencing prior to the
term of this contract, plus any amounts due and owing to the County for any other reason including, without
limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The County shall exercise its
set-off rights in accordance with normal County practices including, in cases of set-off pursuant to an audit, the
finalization of such audit by the County agency, its representatives, or the County Comptroller, and only at, er legal
consultation with the County .Attorney
9. Non-Discrimination Under Title VI of the Civil Rights Act of 1964 and Title Vlll 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 1. 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 VIII of the Civil Rights Act of 1968, k~own 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 fi.om 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 Contractor
Page 9 of 40
Law No. IFMS No.
Rev, 3/8/08
Community Development Block Grant Agreement
is required to administer afl programs and activities related to housing and community development in a manner to
affirmatively further fair housing.
In addition, the Contractor must make Community Development funds available in accordance with the
Fair Housing Act, Executive Order 11063, as amended b? Executive Order 12259 (Equal Opportunity in Housing),
Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans With Disabilities Act
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.
10. Constitutional Prohibition:
In accordance with First Amendment Church and State Principles, the Contractor shall comply with 24
CFR 570.2000) of the federal regulations regarding the use of Community Development funds by religious
organizations and CPD Notice 04-10~
11. 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.
12. No Implied Waiver
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.
13.
Conflicts of Interest
a. The Contractor agrees that it will not during the term of this Agreement engage in any activity that
is contrary to and/or in conflict with the goals and purposes of the County
b. The Contractor is charged with the duty to disclose to the County the existence of any such
adverse interests, whether existing or potential. This duty shall continue so long as the Contractor
is retained on behalf of the County The determination as to whether or when a conflict exists or
may potentially exist shall ultimately be made by the County Attorney after full disclosure is
obtained.
c. Interest of Certain Federal Officials: No member of or Delegate to the Congress of the United
States and no Resident Commissioner shall be admitted to any share or part of this Agreement or
to any benefit to arise from the same.
d. Interest of Local Public Officials: No member, officer or employee of the Contractor 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
Page 10 of 40
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Community Development Block Grant Agreement
IFMS No.
responsibilities with respect to the program during his tenure or for one year thereaPter, shall have
any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to
be performed in connection with the program assisted under this Agreement. The Contractor 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.
Prohibition Against Payments of Bonus or Commission: The assistance provided under this
Agreement shall not be used in the payment of any bonus or commission for the purpose of
obtaining HUD approval of the application for such assistance, or ttUD approval of applications
for additionaI 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.
14. Cooperation on Claims
The Contractor hereto agrees to render diligently to the other party, without additional compensation, any
and all coopera, tion, that may be required to defend the County, its employees and designated representatives against
any claim, demand or action that may be brought against the County, its employees or designated representatives in
connection with this Agreement.
15. Confidentiality
a) Any records, reports or other documents of the County or any of its agencies used by Contractor
pursuant to this Agreement or any documents created as a part of this Agreement sl~all remain the property of the
County and shall be kept confidential in accordance with applicable laws, rules and regulations.
b) The Contractor 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 fo be made, permitted, or encouraged by the Contractor 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 Contractor 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 prescribed by law
c) The Contractor further agrees to implement such procedures for safeguarding information, as the
County shall require. The Contractor 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 ora breach of these provisions.
d) In addition, the Contractor agrees to maintain the confidentiality of all information in conformity
with the provision of applicable local, State and Federal laws and regulations.
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16. Assignment and Subcontracting
IFMS No.
The Co~tractor 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 the 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.
The Contractor 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 req¥ired 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 of any
subcontract shall provide for the incurrence of any obligation by the County in addition to the total
agreed upon price. The Contractor shall be responsible for the performance of any subcontractor
for the delivery of service.
17. Obli~[ations of Contractor With Respect to Certain Third-Party Relationships:
The Contractor 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 Contractor The Contractor 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 Contractor 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)
b)
c)
d)
e)
A description of each task to be undertaken by the subrecipient, a schedule for
completing each task and a budget for each task.
Specification of records, reports and data to be maintained or submitted.
Designation of whether program income is to be returned to the Contractor or retained by
the subrecipient. Vcq~ere 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 Contractor shall
request additional cash withdrawals for the same activities.
Requirement of compliance with applicable OMB Circulars.
Compliance with the following Federal law and regulations:
Page 12 of 40
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Community Development Block
l)
IFMS No.
g)
h)
i)
Grant Agreement
Public Law 88-352 the Civil Rights Act of 1964 and Public Law 90-284 known
as the Fair Housing Act.
2) Section 109 of the Act requiring that no person be excluded fi.om participation
or denied benefits, or be subjected to discrimination on the grounds of race,
color, national origin, sex, creed, ancestry, disability or other handicap or
marital/familiar status.
3) Section 110 of the Act regarding labor standards for contractor or
subcontractors performing construction work.
4) Section 202(a) of the Flood Disaster Protection Act of 1973
5) Executive Order 11246 which prohibits discrimination in employment and
Section 3 of the Housing and Urban Development Act of 1968 regarding the
provision of employment to Iow income persons residing within the boundaries
of the Consortium.
6) 42 U.S.C. 3535(d) 4821 and 485 l of the Lead-Base Paint Poisoning Prevention
Act.
7) 24 CFR Part 24 prohibiting the use of debarred, suspended or ineligible
Contractor or subrecipients.
8) 24 CFR Part 570.511 regulations prohibiting persons receiving benefits who
have a conflict of interest.
9) 24 CFR Part 570.2000) 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 shall be returned to the Contractor.
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 afler 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 Contractor being reimbursed in the
amount of the current fair market value of the property less any portion
attributable to expenditures of non-CDBG funds for acquisition of, or
improvement to, the property
Provision to ensure that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf
the subrecipient, to any person for influencing or attempting to influence an
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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 ora Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the subre[ipient shall
complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions.
18. 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 pa~ties, the signatories to this
Agreement, and any partners, members, directors, or shareholders of five percent (5%) (or more) of any party to this
Agreement.
19.
Publications and Publicity
a. The Contractor 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
from 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 shall 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.
20.
Copyrights and Patents
a. Copyrights
If the work of the Contractor under this Agreement should result in the production of original
books, manuals, films or other materials for which a copyright may be granted, the Contractor
may secure copyright protection. However, the County reserves, and the Contractor hereby gives
to the County, and to any other Contractor 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.
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Patents
If the Contractor under this Agreement makes any discovery or invention in the course of or as a
result of work performed under this Agreement, the Contractor may apply for and secure for itself
patent protection. However, the County reserves, and the Contractor hereby gives to the County,
and to any other Contractor 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.
21. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future
Construction
In the event that 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, Contractor 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 o~n
~the Construction Site at all times. Contractor 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
Sit~e at all times dering working hours and all 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 for Exhibit 1
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Exhibit I1
Suffolk County Legislative Requirements
IFMS No.
1. Contractor's/Vendor's Public Disclosure Statement
The Contractor represents and warrants that it has filed with the Comptroller of Suffolk County the verified
public disclosure statement required by Suffolk County Administrative Code Article V, 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 Contractor 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 legal remedies,
of fiReen percent (15%) of the amount of the Agreement.
Required Form:
Suffolk County Form SCEX 22; entitled "Contractor's/Vendor's Public Disclosure
Statement"
2o
Use of County Resources to Interfere with Collective Bargaining Activities
Local Law No. 26-2003
The Contractor represents and warrants that it has read and is familiar with the requirements of Chapter
466, Article I of the Suffolk County Local Laws, "Use of County Resources to Interfere with Collective Bargaining
Activities" County Contractors (as defined) shall cmnply with all requirements of Local Law N°' 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
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Required Form:
Suffolk County Labor Law Form DOL-LOI, entitled "Suffolk County Department of
Labor - Labor Mediation Unit Union Organizing Certification/DecIaration - Subject to
Audit"
3. 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, sobcontract, 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.
Ail contractors and subcontractors (as defined) of covered empIoyers, 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 such
compensation is one hundred percent (I00%) funded by the County, shall submit to the covered employer a
completed sworn affidavit (under penalty of perjury), the form of which is at~ached, 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 contractor, 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 subcontractor is hired under the terms of the contract.
The Contractor acknowledges that such filings are a material, contractual and statutory duty and that the
failure to file any such statement shall constitute a material 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
Page 17 of 40
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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 collectively referred to as the "Suffolk County
Legislative Requirements." In accordance with this law, Contractor 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
site at all times. Contractor or employer, as the case ma5 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 site at all times during working
hours and all 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 site during such working hours.
The Contractor represents and warrants that it has read, is in compliance with, and shall comply with file
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 For Compliance With FederaI Law
(8 U.S.C. SECTION 1324a) With Respect To Lawful Hiring of Employees"
4. Gratuities
The Contractor 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 or, 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).
5. Prohibition Against Contracting with Corporations that Reincorporate Overseas
The Contractor 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.
6. Child Sexnal Abuse Reporting Policy
The Contractor agrees to compl5 with Chapter 577, Article IV, of the Suffolk County Code, entitled "Child
Sexual Abuse Reporting Policy", as now in effect or amended herea~er 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
Page 18 of 40
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7 Non Responsible Bidder
The Contractor represents and warrants that it has read and is familiar with the provisions of Suffolk
County Code Chapter 143, Article I1, §§143-5 through 143-9 Upon signing this Agreement the Contractor certifies
that he, she, it, or they have not been convicted of a criminal offense within the last ten (10) years. The term
"conviction" shall mean a finding of guilty after a trial or a plea of guilty to an offense covered under the provision
of Section 143-5 of the Suffolk County Code under "No~esponsible Bidder"
8. Use of Funds in Prosecution of Civil Actions Prohibited
Pursuant to the Suffolk County Code Section §590-3, the Contractor 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.
9. Work Experience Participation
If the Contractor is a nonprofit or governmental agency or institution, each of the Contractor's locations in
Suffolk County at which services are provided under this Agreement shall be a work site for public-assistance
clients of Suffolk County pursuant to Local Law No. 15-1993 at all times during the term of this Agreement. If no
Memorandum of Understanding ("MOU") with the Suffolk County Department of Labor for work experience is in
effect at the beginning of the term of this Agreement, the Contractor, if it is a nonprofit or governmental agency or
institution, shall enter into such MOU as soon as possible after the execution of this Agreement and failure to enter
into or to perform in accordance with such MOU shall be deemed to be a failure to perform in accordance with this
Agreement, for which the County may withhold payment, terminate this Agreement or exercise such other remedies
as may be appropriate in the circumstances.
10. Suffolk County Local Laws Website Address
Suffolk County Local Laws, Rules and Regulations can be found on the Suffolk County web site at
www.co.suffolk<http://www.co.suffolk.n¥.us> Click on "Laws of Suffolk County" under "Suffolk County Links."
End of Text for Exhibit II
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Exhibit III
Notices and Contact Persons
Notices Relating to Payments, Reports, Insurance, or Other Submissions
Any communication, notice, claim for payment, report, insurance, or other submission necessary or
required to be made by the parties regarding this Agreement shall be in writing and shaIl be given to the County or
the Contractor 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 Department:
By First Class and Certified Mail, Return Receipt Requested in Postpaid Envelope
or by Courier Service or by Fax or by Email
Suffolk County 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
For the Coutractor:
By First Class and Certified Mail, Return Receipt Requested in Postpaid Envelope
or by 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.
2. Notices Relating to Termination and/or Litigation
In the event the Contractor receives a notice or claim or becomes a party (plaintiff, petitioner, defendant,
respondent, third party complainant, third party defendant) to a lawsuit or any legal proceeding related to this
Agreement, the Contractor shall immediately deliver to the County Attorney, at the address set forth below, copies
of all papers filed by or against the Contractor.
Any communication or notice regarding termination shall be in writing and shall be given to the County or
the Contractor or their designated representative at the following addresses or at such other addresses that may be
specified in writing by the parties and must be delivered as fallows:
For the County:
By First Class and Certified Mail, Return Receipt Requested in Postpaid Envelope
or by Nationally Recognized Courier Service or Personally and by First Class Mail
Suffolk County 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
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and
IFMS No.
Christine Malafi, County Attorney
Suffolk County Department of Law
H. Lee Dennison Building
100 Veterans Memorial Highway
Hauppauge, New York 11788
For Contractor:
By First Class and Certified Mail in Postpaid Envelope or by
Nationally Recognized Courier Service or Personally and by 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.
3. Notices shall be deemed to have been duly delivered (i) if mailed, upon the seventh business day after the
mailing thereof; or (ii) if by nationally recognized overnight courier service, upon the first business day subsequent
to the transmittal thereof; or (iii) if personally, pursuant to New York Civil Practice Law and Rules Section 311, or
(iv) if by fax or email, upon the transmittal thereof. "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.
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).
End of Text for Exhibit III
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Exhibit IV
General Payment Terms and Conditions
General Payment Terms
a. The Contractor shall prepare and present a claim form supplied by the County and approved for
payment by the County ("Suffolk County Payment Voucher"). Claims shall be documented by
sufficient, competent and evidential matter Payment by the County will be made within thirty
(30) days after approval by the Comptroller of the County of Suffolk.
b. The Contractor agrees that it shall be entitled to no more than the fees set forth in this Agreement
for the completion of all work, labor and services contemplated hq this Agreement.
c. The charges payable to Contractor under this Agreement are exclusive o? federal, state and local
taxes, the County being a Contractor exempt from payment of such taxes.
d. The acceptance by the Contractor of payment of all billings made on the final approved
Suffolk County Payment Voucher under this Agreement shall operate as and shall be a
release to the County from all claims and liability to the Contractor, its successors, legal
representatives and assigns, for services rendered under this Agreement.
Agreement Subject to Appropriation of Funds
This Agreement is subject to the amount of funds appropriated and any snbsequent 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 Services covered by this Agreement.
Specific Payment Terms and Conditions
a. Limit of County's Obligations
The maximum amount to be paid by the County as set forth on the cover page of this Agreement
shall constitute the full obligation of the County in connection with this Agreement and any matter
arising therefrom.
b. Budget: The Contractor represents and agrees that the Budget, as listed in Exhibit VII, ar[ached
hereto and made a part hereof phqs program income assigned to the Contractor by the County,
includes all costs of materials, appliances, tools and labor needed by the Contractor to undertake
the CD Project(s).
If requested by the Contractor, the County may increase or decrease the costs of any CD
Project(s), subject to applicable HUD regulations and approval by the County, with the
understanding that the total allocated to the Contractor as specified in Exhibit VII 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.
Page 22 of 40
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c. Limitations: Payments to the Contractor are limited to funds deposited with the County pursuant
tn the Federal grant. Said payment to the Contractor shall be for approved project expenditures,
not to exceed the budget as listed in Exhibit VII plus assigned program income.
The Contractor 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 as a condition precedent to Release of Funds are attached hereto
as Exhibit V1 and made part hereof, this includes the filing for Environmental Review as
appropriate. Compliance with Environmental regulations shall also appl~ to all new or revised
activities developed subsequent to the execution of this Agreement.
d. Payment Vouchers
The Contractor 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 in
accordance with this Agreement. Either with the Agreement (for services already rendered and
expenditures already made), and/or not more than 30 days after the expenditures were made and in
no event after the 31~t day of January following the end of the term of this Agreement, the
Contractor shall furnish the Department with detailed documentation in support of the payment for
services or expenditures under this Agreement, e.g. dates of service, worksite locations and
activities, hours worked and pay rate and/or by program budget categories in accordance with this
Agreement. Disbursements made by the Contractor in accordance with this Agreement must be
documented and must comply with accounting procedures as set forth by the Suffolk County
Department of Audit and Control, including any other form(s) required by the Department or the
Suffolk County Department of Audit & Control, shall be furnished to the Department pursuant to,
and as limited by, the Regulations for Accounting Procedures for Contract Agencies of the Suffolk
County Department o(Audit and Control. The Contractor 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 Contractor from any further
County contracts.
e. Payments Limited to Actual Net Expenditures
The Contractor agrees that if, for any reason whatsoever, the Contractor shall spend during the
term of'the Agreement for the purposes set forth in this Agreement an amount less than, or receive
amounts more than, provided in the Budget, the total County payment under this Agreement shall
be reduced to the net amount of approved actual Contractor expenditures made for such purposes,
and that the total amount to be paid by the County shall not exceed the lesser of(i) approved
Page23of40
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actual net expenditures or (ii) the Total Cost of the Agreement on the cover page and in the
Budget. Upon termination or expiration of this Agreement, if the Contractor's total amount of
allowable expenses are less than the total amount of the payments made during the term, the
Contractor shall prepare a check payable to the order of the Suffolk County Treasurer for the
difference between the two amounts and include such payment with the claim voucher submitted
to the County
Payments Contingent Upon Receipt of Aid
Ifa state or federal government department or agency is funding this Agreement and should fail to
approve aid in reimbursement to the County for payments made hereunder b2 the County to the
Contractor for expenditures made during the term of this Agreement because of any act, omission
or negligence on the part of the Contractor, then the County may deduct and withhold from any
payment due to the Contractor an amount equal to the reimbursement denied by the Regulatory
Agency or such department or agency, and the County's obligation shall be reduced by any such
amounts. In such an event, if there should be a balance due to the County after it has made a final
payment to the Contractor, the Contractor agrees promptly to reimburse the County the amount of
the balance due the County by check to the order of the Suffolk County Treasurer. The provisions
of this subparagraph shall survive the expiration or termination of the Agreement.
Payments Contingent Upon Federal Funding
Payments under this Agreement may be subject to and contingent upon continued funding by the
federal Department of Housing and Urban Development. If, for any reason, the full amount of
such funding is not made available to the County, this Agreement may be terminated in whole or
in pm't, or the amount payable to the Contractor may be reduced, at the discretion of the
Department, provided that any such termination or reduction shall not apply to allowable costs
incurred by the Contractor prior to such termination or reduction to the extent that funds are
available to the Department for payment of such costs.
Accounting Procedures
a. The Contractor agrees to maintain accounts, records, documents, and other evidence and
accounting procedures and practices which sufficiently and properly reflect all direct and indirect
costs of any nature expended in the performance of the Agreement in accordance with generally
accepted accounting principles and as may be promulgated by the Suffolk County Department of
Audit and Control and any financial directives promulgated by the Department.
b. The Contractor agrees to retain all accounts, records and other documents relevant to this
Agreement for seven (7) years after final payment. Federal, State and/or County auditors and any
persons duly authorized by the County shall have full access and the right to examine any of said
materials during said period.
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5. Audit
IFMS No.
All payments made under this Agreement are subject to audit b? the Suffolk County Comptroller pursuant
to Article V of the Suffolk County Charter The Contractor further agrees that the County Comptroller and
the Department shall have access to and the right to examine, audit, excerpt, copy or transcribe any
pertinent transactions or other records relating to services under this Agreement. If the Contractor fails to
cooperate with an audit by the Comptroller, the County shall have the right to suspend or pnrtially 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 Contractor, within thirty (30)
days after the issuance of an official audit report by the Comptroller or his duly designated representatives,
the Contractor shall repay the amount of such overpayment by check to the order of the Suffolk County
Treasurer or shall submit a propgsed plan of repayment to the Comptroller If there is no response or if
satisfactory repayments are not made, the County may recoup overpayments from any amounts due or
becoming due to the Contractor from the County under this Agreement or otherwise. The provisions of this
subparagraph shalI survive the expiration or termination of the Agreement.
Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures
Whenever requested by the Dephrtment or the Department of Audit and Control, the Contractor shall
submit to the Department a certified copy of its current salary scale for ail positions listed in the Budget, a
copy of its personnel mles and procedures and any subsequent modifications thereof, a copy of its pension
plan and any other employee benefit plans or arrangements, and any amendments thereto, for review and
approval, and such additional financial information in connection therewith, as may reasonably be
requested by the Department of the Department of Audit and Control. The Contractor shall not be entitled
to reimbursement for costs under any such plans or arrangements that are unreasonable in the opinion of the
Suffolk County Comptroller when compared to current market costs for similar plans or arrangements
between unrelated parties. In the case of any such plan or arrangement that is self-funded by the Contractor
directly or by payments to a related entity, upon request by the Department or the Department of Audit and
Control, the Contractor shall submit a reconciliation of the total amoulrt claimed for reimbursement of
payments under such plan or arrangement with actual cost incurred, and any auditable administrative or
claims processing expenses, by the Contractor or related entity on behalf of the Contractor and its
employees.
7
Financial Statements and Audit Requirements
a. Notwithstanding any other reporting or certification requirements of Federal, State or local
authorities, the Contractor shall obtain the services of an independent licensed public accountant
or certified public accountant (the "Auditor") to audit its financial statements for each contract
fiscal year in which the Contractor 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
Page 25 of 40
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IFMS No.
financial condition and operations of the Contractor, including a balance sheet and statement of
income and expenses, attested by the Auditor as fairly and accurately reflecting the accounting
records of the Contractor in accordance with generally accepted accounting principles. The
Contractor 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
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
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.
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 Contractor 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.
Furthermore, if the Contractor 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 accordafice 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.
The Contractor must submit a statement in writing, certified by its chief financial officer, which
states the amount of Federal funding expended by the Contractor during such fiscal year The
Contractor 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 Contractor's fiscal year The statement should include ALL
Federal funding received directly from the Federal government and ALL Federal funds passed
through from the County and other pass-through entities.
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f. 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 Contractor'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 Contractor
Therefore, the records of the Contractor must be made available to authorized representatives of
Federal, State or County government for that purpose.
h. The Contractor agrees that it will comply with the applicable provisions of Federal Office
Management and Budget Circulars A-87, A-110, A-128 and 27 CFR Part 85
The provisions of the foregoing subparagraphs a through h of this paragraph shall survive the expiration or
termination of this Agreement.
8. Statement of Other Contracts
The Contractor has attached, and in the event of any change, wiI1 attach to any extension
agreement/amendment of this Agreement, a Statement of Other Contracts in the form annexed to this Agreement.
The Contractor 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
been renewed, and under which funds have been, are being or will be received by the Contractor from an3,
department or agency of the County, the United States of America, the State of New York or other municipalities or
organizations.
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Exhibit V
Federal Requirements
1. Grant Administration:
a) Authorization: Notwithstanding any other provision offuis Agreement, the Contractor 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 Contractor 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 Contractor 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
2. County-Contractor Relationship:
The relationship of the Contractor to the County shall be governed as expressly provided for in the Suffolk
County Cooperation Agreement and this Agreement.
National Objectives:
Contractor certifies that the CD projects carried out under this Agreement meet the National Objectives as
defined in 24 CFR 570.208.
4. Performance:
The Contractor 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 Contractor will be considered to meet timely
requirements if by January 15th of each year its total balance of unexpended funds from all program years does not
exceed 1.5 times the Contractor's most recent annual Community Development allocation.
If the Contractor has unexpended balances from previous years' funding, which are from four or more
years prior to the current program year, or
If the Contractor has a past history of not meeting timely expenditure requirements, or
If the Contractor, by January 15th has a total balance of unexpended funds from all program years, which
exceed 1.5 times the Contractor's most recent annual Community Development allocation, the County may take the
following actions either singularly or in combination:
a) Require the Contractor to submit information to the County regarding the reasons for lack of
performance and actions being taken to remove the causes for delay
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b) Require the Contractor to demonstrate to the County that the Contractor has the capacity to carry
out CD Project(s) and meet Community Development timely expenditure requirements.
c) Require the Contractor to submit tn the County progress schedules for completing CD Project(s)
in compliance with Community Development timely expenditure requirements.
d) Issue a letter of warning to the Contractor advising that more serious sanctions will be taken if the
deficiency is not corrected or is repeated.
e) Require the Contractor to suspend, discontinue or not incur costs for CD Project(s).
f) Condition or reduce the Contractor's allocation of Community Development funds in the
succeeding year
g) Reduce the Contractor'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 Contractor's most recent annual Community Development allocation.
5. Citizen Participation:
The Contractor 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. Th6 Contractor 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 Contractor 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.
6. 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
construction purposes (as defined under Section 3(a) of said Act (42 U.S.C. 400(a)), one year after a community has
been formally notified of its identification as a community containing an area of special flood hazard, for use in any
area that has been identified by the Director of the Federal Emergency Management Agency as an area having
special flood hazards unless the community in which such area is situated is then participating in the National
Insurance Program. Notwithstanding the date of HUD approval 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. 400 i).
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Any contract or agreement for the sale, lease or other transfer of land acquired, cleared or improved with
assistance provided under this Agreement shall contain, if such land is located in an area identified by the Federal
Government as having special flood hazards and 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 under Section 102(a) of the Flood
Disaster Protectioo Act of 1973 Such provisions shall be required, notwithstanding the fact that the constructi°n °n
such land is not itself funded with assistance provided under this Agreement.
7. Equal Employment Opportunity and Affirmative Action:
a) Equal Opportunity: In carrying out the Community Development Program, lhe Contractor sl~alI
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 Con~'actor 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,
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 Contractor 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 Contractor shall state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexoal orientation, age, creed, ancestry,
disability or other handicap, marital/familial status, military status, or national origin.
The Contractor 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 Contractor 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 b~ 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 ofttousing and Urban Development for its review and approval. If
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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 Contractor 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.
The Contractor shall cause or require to be inserted in full in any non-exempt contract and
subcontract for construction work, or modification thereof, as defined in said regulations, which is paid for in whole
or part with assistance provided under this Agreement, the following equal opportunity clause:
During the performance of this contract, the Contractor agrees as follows:
The Contractor 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 Contractor 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
Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer seiting forth the provisions
of this non-discrimination clause.
2. The Contractor will, in all solicitations for advertisements for employees placed by or on
behalf of the Contractor, 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 niarital/familial status or national origin.
3 The Contractor 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 Contractor's commitment under this section and shall post copies of
the notice in conspicuous places availabIe to employees and applicants for employment.
4. The Contractor will comply with all provisions of Execufive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor
The Contractor 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
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of Labor for purposes of investigation to ascertain compliance with such rules, regulations and
orders.
6. In the event of the Contractor'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 Contractor 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 Contractor 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
Contractor 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 Contractor 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 Contractor may request the United States to enter into.such litigation t6
protect the interest of the United States."
The Contractor further agrees that it will be bound by the above equaI opportunity clause with respect to its
own employment practices when it participates in Federally-assisted construction work; provided, however, that if
the Contractor 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.
The Contractor 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 bpportunity 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 Contractor 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 Contractor in
accordance with procedures established by the Secretary of Labor pursuant to Part II, Subpart D, of the Executive
Order In addition, the Contractor 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 Contractor under the program with respect to
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which the failure or refusal occurred until the satisfactory assurance of future compliance has been received from
such Contractor, and refer the case to the Department of Justice for appropriate legal proceedings.
c) Section 3 of the Housing and Urban Development Act
The Contractor 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
Contractor 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 Contractor 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 Contractor shall provide such copies of 24 CFR Part 135 as may be necessary for the
information of parties to contracts required to contain the Section 3 clause.
d) Minority Business and Women's Business Enterprise
The Contractor 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 Contractor, 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 oftl~fi Community Development Program.
8. 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 strtictures by the Contractor with assistance provided under this
Agreement shall be made subject to Lead-Based Paint Poisoning Prevention, and the Contractor shall be responsible
for notifications, certified hazard evaluations, certified hazard reduction, certified safe construction work places,
certified clearances and record keeping.
9. 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 Contractor shall be required to comply with
applicable fire protection and safety standards.
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10. Federal Labor Standards Provisions:
The Contractor agrees to comply with the requirements of the Secretary of Labor in accordance with the
Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et
seq.) and all other applicabIe Federal, state and local laws and regulations pertaining to labor standards insofar as
those acts apply to the performance of this Agreement. The Contractor 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. Depa~.ment of Labor at 29 CFR
Part5 The Contractor shall maintain documentation that demonstrates compliance with hour and wage
requirements of this part. Such documentation shall be made available to the Department for review upon request.
The Contractor agrees that, except with respect to the rehabilitation or construction of residential property
containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction,
renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply
with Federal requirements adopted by the Department pertaining to such contracts and with the applicable
requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment
of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those
required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the
Contractor of its obligation, if any, to require payment of the higher wage. The Contractor shall cause or require to
be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this
paragraph.
11. Compliance With Air and Water Acts:
This Agreement is snbject 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 Contractor 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 Contractor 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
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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 Contractor 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 Contractor will take such action as the Federal Government may direct as a
means of enforcing such provisions.
In no event shall any amount of the assistance provided under this Agreement be utilized with respect to a
facility which has given rise to a conviction under Section 113(c)(1) of the Clean Air Act or Section 209(c) of the
Federal Water Pollution Control Act.
12. Relocation Assistance and Acquisition of Real Property:
The Contractor 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 URA 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 Contractor shall inform potential displaced persons of the benefits, policies and procedures provided
for under HUD regulations.
The Contractor shall can'y 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, co]or, religion, nationaI
origin, age, sex, or source of iocome.
In acquiring real property, the Contractor 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.
13. Consolidated Plan:
The Contractor, 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 Contractor 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.
14. Displacement:
This Agreement is subject to the requirements of Section 104(d) of the ACT which requires the
implementation ora policy to minimize the displacement of persons from their homes and neighborhoods and to
mitigate adverse effects of such displacement on low and moderate income persons. In accordance, the Contractor
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shall follow the Suffolk County Community Development Consortium Policy and Procedures on Displacement
when implementing CD Projects.
15. Books and Records of Accounting:
The Contractor 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 Contractor's facilities, books and other financial and
statistical data, whether related to the CD Project(s) or otherwise. The Contractor 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
· Environmenta} Survey
· Demographic Survey
· Budget Modifications
HUD/EEO-4 Employment Data Form
· Minority Business Enterprise Report
· Other data as may be required by [IUD
16. Program Income:
The County shall assign program income generated by the Contractor for the purpose of canying out
eligible Communit2~ Development activities. All provisions of this Agreement shall apply to the use of program
income assigned to the Contractor by the County The Contractor shall inform the County of all income generated
by the expenditure of Community Development funds received by the Contractor 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 Contractor o f all or part of any program income balances (including investments thereof)
held by the Contractor (except those needed for immediate cash needs, cash balances ora revolving loan fi~nd, cash
balances from a lump sum drawdown, or cash or investments held for Section 108 security needs)' If a Contractor
withdraws from the Suffolk County Consortium prior to the expiration of the Cooperation Agreement between the
Contractor and the County, all program income received and not expended in accordance with this Agreement shall
be due and payable to the County
17 Real Property:
Real property acquired or improved in whole or in part using Community Development funds that is within
the control of the Contractor shall require the following actions:
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c)
IFMS No.
a)
b)
The timely notification of the County by the Contractor of any modification or change in
the use of the real property from that planned at the time of acquisition or improvement
including disposition;
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,
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 Contractor
18. Reversion of Assets: Any real property under the Contractor's control that was acquired or improved
in whole or in part with Community Development funds in excess of $25,000 shall be either'
a) Used to meet one of the national objectives in 24 CFR Part 570 until five (5) years after
expiration of this Agreement or 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
19. Equipment - Vesting of Title:
Title to all the materials, appliances, and tools, purchased with funds provided under this Agreement, shall
vest in the Contractor and shall be used, managed and disposed of in accordance with 24 CFR Part 85.32 & 85.33.
Administrative Requirements for Grants and Cooperative Agreements to Local Governments.
20. Use of Federal Funds for Lobbying:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, 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,
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loan, or cooperative agreement, the Contractor shall complete and submit Standard Form LLL, "Disclosure Form to
Report Lobbying", in accordance with its instructions.
The Contractor 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
21. Political Activities:
The Contractor shall be governed by the provisions of the ][latch Act (5 USC 1501,
employees' political participation.
et. seq.) regarding
22. Funding Identification:
The Contractor 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.
23. Offsel of Arrears or Default:
The Contractor 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, Contractor or otherwise on any obligation to the County, and the Contractor agrees that the County may
withhold the amount of any such arrearage or default from amounts payable to the Contractor under this Agreement.
24. Effective Dates:
This Agreement shall commence on the date of grant approval by HUD, and shall terminate (1) with the
completion of all the aforementioned CD Project(s), and (2) with the completion and acceptance of an audit by HUD
and the County
25. Force Majenre:
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 force
majeure condition occurs, the party delayed or unable to perform shall give immediate notice to the other party
Page 38 of 40
EXHIBIT VI
ENVIRONMENTAL REQUIREMENTS
CONDITIONAL APPROVALS OF USE OF FUNDS
TOWN OF SOUTHOLD
2008 (YEAR 34)
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 fudher express written authorization of HUD through a Release of Funds.
PROJECT NUMBER
PROJECT DESCRIPTION
BUDGET
100101-03F-08 Southold Recreation Center $20,000
100301-14A-08 Home Improvement Program $73,900
102801-05L-08 North Fork Early Learning Center $7,500
104901-05L-08 Robert Perry Day Care Center $7,500
105701-05-08 Community Action Southold Town $7,500
109901-21A~08 Administration $13,600
$130,000
Law No.
Rev 3/8/08
Community Development Block Grant Agreement
EXHIBIT VII
Project Descriptions and Budget
IFMS No.
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 the attached project
description forms plus assigned program income unless approved by the County
Page 40 of 40
Grantee Name: SUFFOLK COUNTY
Project Name: 0001-CONSORTIUM HOME IMPROVEMENT PROGRAM
Description: 1 IDIS Project #: 10001-14A-08 IUOG Code: INY369103 SUFFOLK COUNTY
Grants and deferred loans to Iow and moderate income home owners for home improvements.
Town of Brookhaven $523,000; Town of Riverhead: $~.21,850; Town of Smithtown: $60,000; Town of Seuthampton.
$32,800; Town of Southold: $73,900; Village of Lake Grove: $18,000. LMH
Priority Need Category
Consortium-wide t-Owner Occupied Housing
Select one:
Explanation:
Expected Completion Date:
3/31/2012
Objective CategoW
~ Decent Housing
C) Suitable Living Environment
0 Economic Opportunity ' specific. ObjeCtiveS
Outcome Categories 1 Improve the quality of owner housing
[] Availability/Accessibility
[] Affordability 2
E] SustainabilitY 3
ol 10 Housing Units I- r Proposed 58 Accompl. Type: I ~1" Pr°P°sed
~ Underway Underway
~, ~ Complete Complete
' I ~, Proposed Accompl. Type: I ~'l Prop°sed
~,,,~_AccompLType:
'- Underway Underway
'~ E Complete Complete
Proposed
~" § ^ccompI, Type: I~' Proposed Acco~mpI. Type: ~. Underway
~ Underway
Complete Complete
Proposed Outcome Performance Measure Actual Outcome
NUMBER OF UN]TS UN[TS BROUGHT FROH SUB-
REHABILITATED STANDARD TO STANDARD
~. Actual Amount Actual Amount
~. Other ~' Proposed Amt. tS0,000 Fund Source: ~r Proposed Amt.
Actual Amount Actual Amount
I~' Proposed Units I I~' Proposed
Units
~ Accompl. Type:, AccompL Type:
~ Actual Units Actual Units
O I ~' Proposed Units Aceompl. Type: I TM Proposed Units
~. Accompl. Type: Actual Units !Actual Units
Project (1) 1 CPMP
Grantee Name' SUFFOLK cOUNTY ~
me iO01-SOUTHOLD RECREATION CENTER
TOWN OF SOUTHOLD
Removal of architectural barriers at Town Recreation Center to allow elderly and disabled persons access to the facility
linc
~ Priority Need category ~
Location: ~ one:~ ~ -- -- ~
970 Peconic Lane blic Facilities
Peconic, NY 11958 Select
Explanation:
Completion Date:
31/2011
O Decent Housing
O Suitable Uving Environment
O Economic Opportunity
Outcome Categories
[] Availability/Accessibility
[] Affordability
[] SustainabiIity
L1 Public Facilities
Specific Objectives
Improve the services for Iow/mod income persons
Underway
Accomp Type:
Underway
~l. Type:
~,ccompl. Type:
Accompl. Type:
~osed Outcome
~UHBER OF PERSONS
STED
)osed AccompL Type:
Underway
Performance Measure
EW ACCESS TO A FAC[L11 Y
Underway
Actual Outcome
03E Neighborhood Facilities 570.201(c)
Matrix Codes
Matrix Codes
osed Amt.
Actual Amount
osed Amt.
Fond Source:
ual Amount
;ed Units
Actual Units
Accompl, Type: osed Units
Units
Codes
Codes
Matrix Codes
Fund Source:
Source:
Accompl. Type:
AccompL Type:
Actual Amount
osed Amt.
ual Amount
osed Units
za[ Units
~d Units
Units
CPMP
Project (42) i
Grantee Name: SUFFOLK COUNTY ~
~0 .0 L-S 08 uLoG Code: _~Y369103 SUFFOLK COUN.___.~.__~
TOWN OF SOUTHOLD
~rovision of day care to Iow and moderate income families LNG
Location:
~-50 Aldrich Lane
Laurel, NY 1[948
Expected Completion Date:
~ Priority Need Category
F u blic Services
Select one:
Explanation:
0 Decent Housing
(~) Suitable Living Environment
0 Economic Opportunity
[] Availability/Accessibility
[] Affordability
[] Sustainability
Type:
Specific Objectives
Improve the services for Iow/mod income persons
[nderway
Complete
Accompl. Type:
Accompl. Type:
Underway
Underway
~osed Accompl, Type:
Underway
Underway
~osed Outcome
NUMBER OF PERSONS
ASSISTED
05L Child Care Services 570.201(e)
Matrix Codes
Performance Measure
ACCESS TO A SERVICE
Matrix Codes
Matrix Codes
Actual Outcome
7;500
Actual Amount
Fund Source:__l ~' I Proposed Amt,
Actual Amount
Accompl. Type: I v Proposed Units
Actual Units
AccompI.Type: L~_ Proposed Units
Actual Units
Fund Source:
Fund Source:
AccompL Type:
Accompl. Type:
Amt,
~al Amount
Amt.
Amount
,osed Units
Actual Units
,osed Units
Units
CPMP
Project (43) 58
Grantee Name. SUFFOLK COUNTY
CPMP Version 2,0
Project Name: 1049-P, OBERT PERRY CHTLD DAY CARE CENTER
Description: ~44 [DZS Project #: 1104901'05L'08 JUOG Code: INY369103 SUFFOLK COUNTY
TOWN OF SOUTHOLD
Provision of assistance to a child care center servicing Iow and moderate income families in the Greenport area.
L'4C
Location: Priority Need Category
612 Third Street I Public Services
Greenport, NY 11944 Select one:
Explanation:
Expected Completion Date:
3/31/2010
- Objective Category
O Decent Housing
~) Suitable Living Environment
O Economic Opportunity Specific ObjeCtiVes
Outcome Categories 1 Improve the services for Iow/mod income persons
[] Availability/Accessibility · j
[] A~fordability 2 ·
[] Sustainability k~
:3 __ ~ ~ ~...
Proposed 25 Proposed
LA Underway
aa Underway
-- ~ Complete Complete
~ E iv i Proposed AccompI. Type: I.! Proposed
~ ~ Accompl. Type:
~D. -- Underway Underway
'~ E complete complete
§AccompI. T, I' proposed ^ce0mpI. Type: I' Proposed
Underway Underway
~ Complete Complet;e
Proposed Outcome Performance Heasure Actual Outcome
NUMBER OF PERSONS NEW ACCESS O A SERVICE
ASSISTED
0$L Child Care Services ST0.201(e) ~ lMatrix Codes
Hatrix Codes I V Matrix Codes
Matrix Codes ~ Matrix Codes
~ Proposed Amt. 7,500
~ %ctual Amount
~. Actual Amount
m I. Proposed Amt, Fund S0urce', Ivlpr°p°sed Amt'
~. Fund Source:
-- Actual Amount Actual Amount
E
~ i AccompL T~I Proposed Units Accompl. Type: Iv Proposed Units
~ kctual Units Actual Units
O
~. Accompl. Type: ~j Proposed Units Accompl. Type: I v Proposed Units
Actual Units Actual Units
Project (44) 57 CPMP
Grantee Name SUFFOLK COUNTY
CPMP Version 2.0
Project Name'. 1057-COHMUNITY ACTION SOUTHOLD TOWN
Description: L4s IDIS Project #: I105701'05-08 IUOG Code: INY369103 SUFFOLK COUNTY
TOWN OF SOUTHOLD
Provision of emergency assistance, food, cIothing and shelter for homeless and lower income persons provided through
Community Action Southold Town, Inc. tHC
Location: Priority Need Category
7379 Route 25 [ Public Services
Greenport, NY 11944 Select one:
Explanation:
Expected Completion Date:
3/31/2009
- Objective Category
O Decent Housing
O Suitable Living Environment
O Economic Opportunity SPeCific Obje~tiYes
Outcome Categories 1~_mprOve the services for IOw/mOd income persons }~'
[] Availability/Accessibility 2! __ L~'
[] Affordability
[] Sustainability 3
01 People ~j Proposed 50 AccompI. Type: ~' Proposed
ul Underway
~ Underway
-- C Complete
~ ~ Complete
>~ E Acc0mpI. Type: [ ~' Proposed
~- ~ Accompl. Type: L~J Proposed
~: -- U n.derway ,Underway
~ o. Complete Complete
'~O~OC) Accomp,. Type: ~_ Proposed
u Accompl. Type: L~J Proposed
U Underway Underway
< Complete
Complete
Proposed Outcome Performance Measure Actual Outcome
NUMBER OF PERSONS NEW ACCESS TOA SERVICE
ASSISTED
05 Public Services (General) 570.201(e) I~ Matrix Codes k~J
Matrix Codes I TM ]1 Matrix Codes
x Codes L~Jl Matrix Codes
Proposed Amt. 7,500 Proposed Amt.
~ Actual Amount
~. Actual Amount
~J Fund Source: I vi Proposed Amt' Fund Source: I ~j Proposed Amt'
7" Actual Amount Actual Amount
E
.~ A¢compL Type: I ~' Proposed Units AceompI. Type: I ~' !Proposed Units
-- Actual Units
t~ Actual Units
O
~. AccompI. Type: i~' Proposed Units AceompLType: ITM Proposed Units
Actual Units - ~,ctual Units
Project (45) I CPMP
Grantee Name SUFFOLK COUNTY
Project Name: 109901 -ADMINISTRATION
Description: 46 IDZS Project #: 1109901-21A-08 IUOG Code: INY369103 SUFFOLK COUNTY
FOWN OF SOUTHOLD
Funds provided to the Town of Southold for the general administration of the CDBG Program
Priority Need Category
;Location: ..,
!Town Hall [ Plann[ng/Admin,stration
153095 Main Road Select one:
Southold, NY 1].971
Explanation:
Expected Completion Date:
!3/31/20}.0
Objective Category
C) Decent Housing
C) Suitable Living Environment
C) Economic Opportunity . specific ObjeCtives
Outcome Categories 1
[] Availability/Accessibility
[] Affordabiiity 2
[] Sustainabilib/ 3
Proposed Proposed
u~ Underway
~ Underway
-- C: Complete
~ ~ Complete __ m
~ re' Accompl. Type: I' Proposed Accompl. Type: I' Proposed
.--. Underway Underway
~ ~' Complete Complete
AccompL Type:
Underway --- Underway
~ Complete Complete
Proposed Outcome Performance Measure Actual Outcome
2:iA General Program Administration 570.206 ~_ Hatrix Codes
Matrix Codes ~l ~latrix Codes
Hatrix Codes J~J Hatdx Codes L~J
Proposed Amt, 13,600 Proposed Amt,
· ~ Actual Amount
~. Actual Amount
~ I I' Proposed Amt.
~J Fund Source: ~e, Proposed Amt. Fund Source:
>' Actual Amount ~ Actual Amount
E ,
~ Accompl. Type: L~ Proposed Units AccompI. Type: I~]Pr°p°sed Units
01 Actual Units Actual Units
,0 AccompL Type: I~'_J Proposed Units AccompI. Type: [~j Proposed Units
IL Actual Units actual Units
Project (46) 55 CPMP
Suf~%[k County Korrn 22
Contractor s/¥endor s Puol c D~sc,o~ure Statement
Pursuant to Section A$-7 of the Suffolk County Administrative Code,/his Public Disclosure Statement
must be compieted by all contractors/vendors that have a contract u,uth Suffolk Count? Ln the event
contractor/vendor ~s exempt ~om completing paragraphs numbered 1 through l I below, so md~ca/e at
paragraph number 12 below setting forth the reason for such exemptton hrot~v?hstand~ng such exempt
status, you must execute this form below beffore a notary public.
Address
5.b
City and State
Contracting Department's Name
Address
_Z~p Code
Payee Identification or Social Secur/ty No
Type of Business__Corporahon__pm~tnersh~p__Sole Proprietorship__Other
Is contractor/vendor entering into or has contractor/vendor entered into a contract with Suffolk
County in excess orS1,000? 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' whmh, when combined, exceed
$1,0007 Yes No
Table of Organization List names and addresses of ali principals, that ~s, all mdiv~duals serving
on the Board of Directors or comparable body, names and addresses of ali partners, and names
and addresses of' at1 corporate officers. Conspicuously identify any person in this table of'
orgamzation who ~s also an officer or an employee of Suffolk County (Attach additional sheet if
necessary )
List all names and addr&sses of tl~ose individual shareholders holding rrlore than five percent
(5%) interest in the contractor/vendor Conspicuously identify any shareholder who ~s also an
officer or an employee of Suffolk County (Attach additional sheet i£necessary)
10.
Does contractor/vendor derive 50% or more of its total revenues from its contractual or vendor
relationship with Suffolk County? Yes No
If you answered yes to 8 above, you must submit w~th th~s d~sclasure statement, a complete
financial statement listing all assets and habfl~ties as well as a profit and loss statement. These
statements must be certified by a Certified Public Accountant. (Strike this out if not apphcable.)
The undersigned shall include this Contractor's/Vendor's Public Disclosure Statement with the
contract. (Describe general nature of'the contract.)
II.
12,
Remedies, The failure to file a verified pubhc disclosure statement as required under local law
shall constitute a materia! breach cf contract. Saffolk County may resort, use or employ any
remedies contained in Article rr of the Uniform Cormmercial Code of the State of New York. In
add~tion to all legal remedies, Suf£o[k County shall be entitIed, upon a determination that a
breach has occurred, to damages equal to f]£teen percent (I 5%) of the amount of the contract.
If you are one of the entrees listed below at a) through c) or you qualify under d) below, you are
exempt ~om completing paragraphs numbered 1 through ] herein
.~_~. ~)) Hospital
Educational or governmental entities
c) Not-for-profit corporations
d) Contracts providing for foster care, family day-care providers or
services
child protective
Please check to the left side o£ the appropriate exemption.
13
Dated.
Printed Name of Stgner'
Title of S~gner'
Name of Contractor/Vendor' .
Verification. This section must be s~gned by an officer or pr'Jnc~pal of the contractor/vendor
authorized to stgn for the company for the purpose of executing contracts. The undersigned
being sworn, affirms under the penalties of perjury,~that he/she has read and understood the
f°reg°ing statements and that they are' t° his/h?' °~,. ~ 7~e' tru:'' )
,5-- ¢- o ~ Signed '
7'co,44-
UNIFORM CERTIFICATE OF ACKNOWLEDGMENT
(Within New York State)
ST^TE ov NEw _v_o m,)
COUNTY OF fi'~"'t::~q? ss,
On the ff~_ day of t_//~./__, in the year 20C~before me, the undersigned, personally appeared
_~.~"~ :4, ~c~x~-m/('per~nally known to me or proved to me on tlne basis of satisfactory evidence
to be the individual0i) whose name(~) is (-a.r.*) subscribed to the within instrument and acknowledged to
me that he/~,,~.~ executed the same in hisgh.,~-+h~ capacity(.~) and that by his&:,r/th.:ir signature(~)
on the instrument, the individual~), or the person upon behalf of which the ind~vidual([I) acted, executed
the instrument,
(signatur~and o ffice/of lnd-ividuaf taking aclonowledgemerlt)
LINDA J COOPER
NOTARY PUBLIC, State of New York
NO. 01 C04822563, Suffolk County
Term Expires December 31
Suffolk CounW, New '~ ork
Department of Labor
SUFFOLK COUNTY DEPARTMENT OF LABOR- LABOR MEDIATION UNIT
UNION ORGANIZING CERTIFICATION/DECLARATION- SUBJECT TO A[Jq)IT
['.' the following definition of "County Contractor" {1Jnion Organizing Law Chapter 466-2) applies to the
ccntractor's/beneficiary's business or transaction with Suffolk County, the contractor/beneficiary must complete Sections I,
UI, and IV below If the following definitions do not apply, the contractor/beneficiary must complete Sections II, IIl and IV
below Completed forms must be submitted to the awarding agency
Section II
County Contractor: "Any employer that receives more than $50,000 in County funds for supplying goods or services pursuant to a
written contract with the County of Suffolk or any of its agencies; pursuant to a Suffolk County grant; pursuant to a Suffolk County
program; pursuant to a Suffolk County reimbursement for services provided in any calendar year; or pursuant to a subcontract with
~a~.y of the above."
~Section I ~"
[-----1/ The Union Organizing Law applies t~o, this contract. I/we hereby agree to comply with ali the provisions of Suffolk
~[ / .,,,/[ oC2,u,~n2 Local Law No. 26-2003, the Suffolk County Union Organizing Law (the law)and, as to the goods and/or
services that are the subject of the contract with the County of Suffolk shall not use County' funds to assist, promote,
Check if or deter union organizing (Chapter 466-3 A), nor seek reimbursement from the County for costs incurred to assist,
Applicable promote, or deter union organizing. (Chapter 466-3 B)
I/we further agree to take all action necessary to ensure that County funds are not used to assist, promote, or deter
union organizing. (Chapf~er 466-3 H)
I/we further agree that I/we will not use County property to hold meetings to assist, promote, or
deter union organizing. (Chapter 466~3E)
I/we further agree that if any expenditures or costs incurred to assist, promote, or deter uni6n organizing are made,
I/we shall mah~tain records sufficient to show that no County funds were used for those expenditures and, as
applicable, that no reimbursement fi.om 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
Deparlment of Law upon request. (Chapter 466-3 1)
I/we further affirm to the following as to the goods and/or services that are the subject of the contract with the
County of Suffolk:
· Il/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;
· l/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, timely, and quality provision of goods and services to the County 1/we shall include a list of said
procedures in such certification.
The Union Organizing Law does not apply to this contract for the following reason(s):
Check if
Applicable
DOL-LOI (3/5/08)
Suffolk County, New York
~partment of Labor
Section Ill
Contractor Name:
Contractor Address:
Contractor Phone #'
Description of project or service:
Federal Employer ID#'
Amount of Assistance:
Vendor #'
Section IV
In the event any part of the Union Organizing Law, Chapter 466 of the Laws of Suffolk County, is found by a court of competent
jurisdiction to be preempted by federal and/or state law, this certification/declaration shall be void ab initio.
Section V
I declare under p,,o~ of perjury under the Laws of the State of New York that the undersigned
is
authorized
to
provide
this
~,}N~orized~ignature Date
1 I~t Name and' Title ofAutl~orized R~presentati~'~
DOL-LO1 (3/5/08)
SUFFOLK CO/'?'rT5 DEPARTMENT OF LABOR
NOTICE OF NON-APPLICABILITY FOR CO3[PLL4. NCE WITH FEDERAL LAX3'
(8 U.S.C. SECTION 1324A)
WITH RESPECT TO LAWFUL HIRING OF EMPLOYEES
Suffolk Coun .ty Code, Chapter 234 (2006)
To Be Completed By Awarding Agency
The Lawful Hiring of Employees Law does not apply to the covered employer, contractor or sub-
contractor, listed below. Please check the appropriate box to indicate the basis for non-applicability.
Contractor Name
Contractor Address:
Federal Employer ID#
Contractor Phone #'
Description of project or service:
1)
[~ Recipients of compensation from the County, through any grant, loan,
subsidy, agreement, lease or other financial compensation agreement issued by
the County or awarding agency, where such compensation is NOT one hnndred
percent (100%) funded by the County.
2) ~ This law shall not apply to the subcontractors of not-for-profit
corporations.
Authorized County Signature
Date
Print Name and Title of Authorized County Representative
LHE-6
(01/07)
SUFFOLK COUNTY DEPARTMENT OF LABOR
NOTICE OF APPLICATION TO CERI'~'Y COMPLIANCE WI'I'H FEDERAL LAW
(8 U.S.C. SECTION 1324A~
WITH RESPECT TO LA WFUL HIRING OF EMPLOYEES
VERIFICATION OF SUBMISSION OF LAWFUL HIRING OF EMPLOYEES
Suffolk County Code, Chapter 234 (2006)
I To Be Completed By the Lawful Hiring of Employees Unit I
DATE: May 1~ 2008
TO: Joseph T. Sanseverino~ Community Development Director
EMPLOYER: Town of Southold
VENDOR #: 11-6001939
REF. #: Block Grant Activities
You are hereby notified that the submission from Town of Southold has 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 Employees Law (Local Law #52-2006).
LHE-3
(01/o7)
MARTIN D. FINNEGAN
TOWN ATTORNEY
mar tin.finnegan@town.southold.ny,us
JENNIFER ANDALORO
ASSISTANT TOWN ATTORNEY
jennifer.andaloro@town.southold.ny.us
LORI M. HULSE
ASSISTANT TOWN ATTORNEY
lori.hulseCWtown.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
RECEIVED
To:
MEMORANDUM
Ms. Sandi Berliner
20]0
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 Scott 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,
/Ik
Enclosures ~
cc: Ms. Elizabeth A. Neville, Town Clerk (w/encls.)
RESOLUTION 2009-233
ADOPTED
DOC ID: 4848 A
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-233 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 24, 2009:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute Subrecipient A~reements
in connection with the 2008 Community Development Block Grant Program for the following
programs:
North Fork early Learning Center $7,500
Robert Perry Day Care Center $7,500
Community Action Southold Town $7,500
All in accordance with the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [5 TO 01
MOVER: William Ruland, Councilman
SECONDER: Vincent Orlando, Councilman
AYES: Orlando, Krupski Jr., Wickham, Evans, Russell
ABSTAIN: William Ruland
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 11948 (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, 2008 through December 31, 2008, 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 Obiectives
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(ies) carried out under this Agreement will meet this
National Objective.
V. Performance Monitorin.q
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
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, FICA, 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 claims, actions, suits, charges and judgments whatsoever that arise out
of the AGENCY's pe~:formance or nonperformance of the services or subject matter
called for in this Agreement.
D. Workers' Compensation
Thc AGENCY sMll provide Workers' Compensation Insurance coverage for all
of its employees involved in the performance of this Agreement.
E. Insurance & Bonding
The AGENCY shall carry sufficient insurance coverage to protect contract assets
from 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
4. 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 ora 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
The 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 funds, 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 data.
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. l~ayment 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 cash requirements.
3. Program Reports
The AGENCY shall submit regular Program Reports to the
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 funds on
hand 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 mount 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 Real
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.
Xo
PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The AGENCY agrees to comply with Title VI of the Civil Rights Act of
1964 as amended, Title VIII of the Civil Rights Act of 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 compliance with Section 504 of the Rehabilitation Act of 1973
(25 U.S.C. 794), which prohibits discrimination against the individuals
with disabilities or handicaps in any Federally assisted program.
7
Affirmative Action
1. AGENCYPLAN
The AGENCY agrees that it shall be committed to carry out an
Affirmative Action Program in keeping with the principles as provided in
President's Executive Order 11246 of September 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; lobbying; political patronage; and
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 provisions
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.
3. "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.
.~onduct
Assignability
The AGENCY shall not assign or transfer any interest in this Agreement.
2. Hatch Act
The AGENCY agrees that no funds provided, nor 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
570.611, 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.
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
functions or responsibilities with respect to CDBG-assisted
activities, or who are in a position to participate in a
9
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 with
whom they have business or immediate family ties, during
their tenure or for a period of one (1) 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.
Lobbying
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 subawards
at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all
Subrecipients shall certify and disclose accordingly.
d. 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 required certification shall
be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
10
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 governmental
purposes.
_Religious Activities
The AGENCY agrees that funds provided under this Agreement will not
be utilized for inherently religious activities prohibited by 24 CFR
570.200(j), 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;
Environmental Protection Agency (EPA) regulations pursuant to 40 CFR
Part 50, as amended.
B. 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).
C. 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.
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 ali 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. SEVER. ABILITY
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 full 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 written between
the MUNICIPALITY 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 SOUTHOLD
S~tt A. Russell
Title: Supervisor
oate:
FAMILY SERVICE LEAGUE, INC.
By:.
Title:
Date:
EXHIBIT A
Program Description and Budget
P[ogram Description:
(Coml~lete description of activity to be undertaken including what ,oroducts or services
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 $ ~ ~'"OO. O O
Rental Space. $ t
Utilities $
Supplies and Materials $
Program/Service Costs (Specify) $
a)
b)
c) $
d)
Other (Specify) $
Total CDBG Budget
C. Levels of Accomplishment- 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
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 the Developmental
Interactive Approach 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
Mattituck-Cutehogue UFSD Universal Pre-K program, we offer two summer camp programs for
children - one for children 18 months to 5 years of age and one for children 5 through 12 years of
age.
PERSONS SERVED
FEES
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.
A fee card is available upon request.
PROGRAM 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.
PROGRAM LOCATION
Mattituck-Cutchogue's Laurel School building
475 Franklinville Road in Laurel, NY
Diane Goldberg
Center for Behavioral Health
Center roi' Children and Youth
Center {ol Family Suppolt
Cellter t~or Housin.q.
and Horneless Intervention
Center {or ,Job Development
and -lechnology
Center for Senior Support
CONTACT
Linda Ruland, Program Director
631-298-9573. Fax: 631-298-4376
Email: nfelc 1 ~optonline.net.
Family Service League
helps individuals, children
arid families to mobilize their
strengths and improve the
quality o[ their lives at home,
in the workplace and in
the community.