HomeMy WebLinkAboutClean Vessel Assistance ProgramNe~v York State
ENVIRONMENTAL
FACILITIES
CORPORATION
ALEXANDER B. GRANNIS, Chairman
Honorable Scott A. Russell
Town Supervisor
Town of Southold
P. O. Box 1179
Southold, NY 11971
HAY 1 4 2008
MAY 23 2008
T~, 0FS,. ~O~D
Executed Operation and Maintenance Annual Application for
Clean Vessel Assistance Operation & Maintenance Grant Program
Town of Southold - Fishers Island Boat 2008
Dear Supervisor Russell:
Please find enclosed a fully executed copy of the Operation and Maintenance Annual
Application for Clean Vessel Assistance Operation & Maintenance Grant Program for your
records. The New York State Environmental Facilities Corporation (EFC) and the
Department of Environmemal Conservation (DEC) are committed to helping marina owners
protect State water bodies through the Clean Vessel Assistance Program (CVAP), and we
appreciate your participation. Through the CVAP Operation & Maintenance Grant Program,
the State expands this commitment by providing recipients of CVAP grants with funding to
assist in the annual costs of upkeep of the pumpout and/or dump station facility.
Thank you for your participation in EFC's Clean Vessel Assistance Program. If you
have any questions about the annual application or CVAP requirements, please call Lisa Van
Alstyne toll free at 1-800-882-9721.
Sincerel
Acting President
MJM/BBS
Enclosure
625 Broadway, Albany, New York 12207-2997
518.402.6924 · 800.882.9721
www.nysefc.org
CLEAN VESSEL ASSISTANCE PROGRAM
OPERATION & MAINTENANCE (CVAP O&M)
ANNUAL APPLICATION
CERTIFICA TION AND REQUEST FOR REIMBURSEMENT
The Applicant, by its Authorized Representative, hereby states as follows:
1. Town of Southold (Town of Southold - Fishers Island Boat 2008 O&M), the
Applicant herein, previously executed a Funding Agreement for the Clean Vessel Act Assistance
Program (the "Agreement") with the New York State Environmental Facilities Corporation (the
"Corporation").
2. The Applicant hereby certifies that there has been no material changes in the
information concerning the facility as set forth in the Agreement, and hereby incorporates all
terms and provisions of said Agreement herein as though the same were set forth in full, and
such information may be relied upon by the Corporation.
3. The representations and warranties set forth in the Agreement are true and correct
as of the date hereof, and Applicant has complied with, performed and will continue to comply
with and perform all of the covenants and promises in the Agreement. Applicant acknowledges
that the submission of this Certification constitutes a filing of a record with the State or any of its
political subdivisions or public benefit corporations. The State and the Corporation will rely on
this filing to support my CVAP O&M reimbursement.
4. No litigation of any nature is now pending or threatened, to restrain or enjoin, or
in any manner question or affect, directly or indirectly my ability or authority to carry out my
responsibilities under the Agreement or for the Applicant to receive a reimbursement.
5. The Applicant is not the subject of any pending, threatened or existing action,
whether under any bankruptcy, reorganization or insolvency law or any other proceeding, nor
any undischarged or unpaid judgment, lien or claim, nor in default under any loan or mortgage
agreement, nor delinquent on the payment of any federal, state, or local tax, or sales or
compensating use tax, which has not been previously disclosed to the Corporation. The
Applicant further agrees to immediately notify the Corporation in ~vriting of any change in the
above circumstances.
6. The pumpout and/or dump station facility must be accessible to all recreational
marine vessels during normal operating hours. If the facility is not operational for any reason, it
will notify EFC.
7. Applicant acknowledges that reimbursement shall be paid by the Corporation in
reliance upon the representations and certifications set forth herein. Funding may be requested
for up to 75% of eligible costs, except where maximum allowances for individual cost categories
are set t'orth, with a maximum total grant amount of $3,000 for pumpout boats and $2,000 lbr all
other pumpout facilities. Reimbursement for this period will be based on documented costs
between November I, 2007 and October 31, 2008. The Applicant acknowledges grant awards
are limited to the amount of available funding and may be less than the maximum allowed.
8. a. Applicant hereby certifies that the O&M Costs for which reimbursement is
requested herein are reasonable, necessary, and allocable to the facility funded by the
Agreement.
b. Applicant hereby certifies that funding has not been received from any Federal
sources for costs claimed under this grant. Funding received for costs claimed under this grant
from sources, other than Federal, include:
State [] Local [] Other (Please Specify):
Amount $ C)
9. a. Applicant agrees that it will not seek, and if offered, will not accept,
reimbursement from any other municipal, state or federal sources for any expenditures
previously reimbursed, or to be reimbursed, under this Agreement.
b. The Applicant acknowledges that any expenditure which will be reimbursed
by any other municipal, state or federal sources shall not be eligible for reimbursement
under this Agreement.
c. The Applicant agrees that, if it receives funding from any other municipal, state
or federal sources for costs previously reimbursed under this Agreement, it will repay to
the Corporation all such funding to the full extent of any such reimbursement.
d. The Applicant covenants and agrees that it shall not, under any circumstances,
be entitled to receive state, federal or other governmental assistance in excess of one
hundred percent of the costs of the operation and maintenance of the facility.
10. The making of the annual reimbursement request has been duly authorized by the
Applicant, and that no change in circumstances has occurred, or will occur upon the making of
the reimbursement payment herein requested, which would constitute a default or breach of the
Agreement.
11. The operation of the pumpout station and/or facility is in compliance with State
and Federal regulations and CVAP guidelines.
12. The Applicant has obtained all licenses, permits or other approvals required as of
the date hereof to undertakc the O&M, including, but not limited to, any and all New York State
Department of Environmental Conservation (DEC) approvals or permits.
13. No amounts requested hereunder have been included in any previous CVAP
O&M reimbursement requests and have all been incurred within the applicable annual grant
period.
14. The reimbursement requested does not include any costs other than costs for
maintaining and operating existing pumpout and dump stations associated with the original
Agreement.
15. The reimbursement requested does not include any costs pursuant to any
agreements or documents which have not been furnished to the Corporation.
16. If the facility is conveyed and transferred to a third party, this agreement, and the
Agreement set forth in Paragraph 1, shall be incorporated in the sales contract, and the applicant
and purchaser, with the consent of the Corporation, shall execute an assignment and assumption
agreement of the terms and conditions set forth in both of the aforesaid agreements.
17. Applicant acknowledges that continuation of the program is dependent upon the
availability of CVAP funding from the United States Fish and Wildlife Service.
APPLICANT / /")
By:
Title: Town Supervisor
Date:
NEW YORK STATE ENVIRONMENTAL
FACILITIES CORPORATION
By:
Date:
STATE OF NEW YORK )
) SS.:
COUNTY OF ALBANY )
On tbs [ ~ day of tA'I ', [ ,2008, before me personally came /(,~('[/~,--1,/gtS//eq, to me
known, who, being by me duly sworn, did depose and say that K~/she is'the/4~4i,~, ~,z,~t-d: of
the New York State Environmental Facilities Corporation, the corporation descfibe~d in and Which
executed the foregoing instrument; and that t~she signed ~}~/her name thereto by order of the
Board of Directors of said corporation.
Notary Public~
STATE OF NEW YORK )
) SS.:
COUNTY OF )
On this ~[4x~ day of~th~,~-t~ , 2008, before me personally came ~(,C~'¥ &(5~(.t/ , to me
.k~own, who, being by me duly swom, did depose ~d say ~at ~x is the ~t~ trn~o~the
~.~ ~ ~ ~) , the co~oration or pa~nership described in ~d w~ch executed the
foregoing ins~ent; ~d~m~ {"~xCU signed ~ nme ~ereto by the authofi~ of said
co~oration or p~nership. , r~
s~No. 0 L ~9 ~~
CVAP O&M