HomeMy WebLinkAboutCommunity Development Block Grant - Peconic Comm. CtrSouthold Town Board - Letter
Board Meeting of July 28, 2009
RESOLUTION 2009-649
ADOPTED
Item # 5.16
DOC ID: 5176
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-649 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 28, 2009:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute an Agreement with the Suffolk County Office of
Community Development in connection with the 2009 Community Development Block Grant
Program, in the amount of $39,000, all in accordance with the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Albert Krupski Jr., Councilman
SECONDER: Vincent Orlando, Councilman
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
Generated July 30, 2009 Page 23
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Community Development Block Grant Recovery Contract
AGREEMENT
IFMS No.
ORIGINAL
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, Hauppauge, N.Y. 11788, and the Town of Southold, (Contractor), a municipal corporation under the laws of thc 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 American Recovery and Reinvestment Act of 2009, as amended (hereinafter
referred to as "the Act"), as set forth in Article VIII entitled "Description of Services", attached.
The County has received and accepted a grant fi.om the U.S. Deparanent of Housing and Urban Development (hereinafter
referred to as "HUD") for the purposes of the Act pursuant to Suffolk County Resolution No. ~ ZI of~,da3,~and the parties desire to
undertake various eligible activities under the Act; and the parties heretofore have entered into a cooperative ~,greement for said
purposes.
Term of Agreement:
As provided in paragraph 24 of Article VI of this Contract, unless sooner
terminated as provided in paragraph (2) of Article II of this Contract.
Total Cost of Agreement:
Shall not exceed $39,000.00 as set forth in Articles VII and VIII, attached.
Terms and Conditions:
Shall be set forth in Articles I through VIII, attached hereto and made a part hereof.
In Witness Whereof, the parties hereto have executed this Contract as of the latest date written above.
Name of Contra~ ~
By: . _
Hon. ScOtt A. Russell
Town Supervisor
Fed. Tax ID # 1/1-600,1939
Date:
Hon. Scott A. Russell, hereby certifies under penalties of perjury that l am an
officer of Town of Southold, that l have read and l am familiar with §A5-7 of A~icle
COUNTY OF SUFFOLK ~
Name: Z~/IF~N
Title: Deputy County Executive
Date: ~//~/Of
V of the Suffolk ,~ounty Code, and that Town of Southold meets Approved:
all requirements to q~~ for exempti ereunder. /C} Office °f C°Nunity Dey°pment
Hop. Sco~-~.. Russell ' _ · Date _~ b ~ ~ By:
Naif.' fos~ T. Sanse~ino -
Approved as to Legality: ~e: Commu~ pevelo~ment Director
Christine Malafi, Suffolk County At~ey
By: ~
Assist=t Coun~ A~ome~& ~) I ,I ~
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List of Articles Page #
Article I: ........................................................................................................................................................ 5
Definitions ....................................................................................................................................................... 5
I. Meanings of Terms ....................................................................................................................... 5
2. Elements of Interpretation ............................................................................................................ 6
Article II .................................................................................................................................................... 7
General Terms and Conditions ..................................................................................................................... 7
1. Contractor Responsibilities .......................................................................................................... 7
a. Duties and Obligations ........................................................................................................ 7
b. Qualifications, Licenses, and Professional Standards ......................................................... 7
c. Notifications ........................................................................................................................ 7
d. Documentation of Professional Standmds .......................................................................... 7
e. Engineering Certificate ....................................................................................................... 8
2. Termination ................................................................................................................................ 8
a. Thirty Day Termination ...................................................................................................... 8
b. Event of Default; Termination on Notice ............................................................................ 8
c. Termination Notice ............................................................................................................. 8
d. Duties Upon Termination ................................................................................................... 8
3. Indemnification and Defense ...................................................................................................... 8
4. Insurance .................................................................................................................................... 9
5. Independent Contractor .................................................................................................... , ......... 10
6. Sevembility ................................................................................................................................. 10
7. Merger; No Oral Changes ......................................................................................................... 10
8. Set-OffRights ........................ : ................................................................................................... 10
9. Non-Discrimination in Services ................................................................................................. 10
10. Constitutional Prohibitinn .......................................................................................................... 10
11. Governing Law ........................................................................................................................... 1 l
12. No Waiver .................................................................................................................................. 11
13. Conflicts of Interest .................................................................................................................... 11
14. Cooperation on Claims ............................................................................................................... 11
15. Confidentiality ............................................................................................................................ 11
16. Assignment and Subcontracting ................................................................................................. 11
17. Obligatiob_s of Contractor With Respect
to Certain Third Party Relationship ..., .................................................................... , .......... 11
18. Certification as to Relationships ................................................................................................. 13
19. Publications and Publicity .......................................................................................................... 13
20. Copyrights and Patents ............................................................................................................... 13
a. Copyrights ........................................................................................................................... 13
b. Patents ...................................................................................................................... : .......... 13
21. Lawful Hiring of Employees Law in Connection with Contracts for Construction
Or Future Consamction ....................................................................................................... 13
Article III: .................................................................................................................................................... 14
Suffolk County Legislative Requirements .................................................................................................... 14
1. Contractor's/Vendor's Public Disclosure Statement .................................................................. 14
2. Use of County Resources to Interfere with Collective Bargaining Activities ............................ 14
3. Lawful Hiring of Employees Law .............................................................................................. 14
4. Gratuities .................................................................................................................................... 15
5. Prohibition Against Contracting with Corporations that Reincorporate Overseas ..................... 16
6. Child Sexual Abuse Reporting Policy ........................................................................................ 16
7. Non Responsible Bidder ............................................................................................................. 16
8. Use of Funds in Prosecution of Civil Actions Prohibited ........................................................... 16
9. Work Experience Participation ................................................................................................... 16
10. Suffolk County Local Laws Website Address ............................................................................ 16
Article IV: .................................................................................................................................................... 17
Notices and Contact Persons .......................................................................................................................... 17
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1. Notices Relating to Payments, Reports, Insurance, or Other Submissions ................................. 17
2. Notices Relating to Termination and/or Litigations ................................................................... 17
Article V: .................................................................................................................................................... 19
General Fiscal Terms and Conditions .......................................................................................................... 19
1. General Payment Terms ............................................................................................................ 19
a. Presentation of Suffolk County Payment Voucher ............................................................. 19
b. Voucher Documentation ..................................................................................................... 19
c. Payment by County ............................................................................................................. 19
d. Budget Modification ........................................................................................................... 19
e. Taxes ................................................................................................................................... 19
f. Final Voucher ...................................................................................................................... 20
2. Subject to Appropriation of Funds ............................................................................................. 20
3. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures ...................... 20
4. Accounting Procedures ............................................................................................................... 20
5. AuditofFinancial Statements .................................................................................................... 21
6. Financial Statements and Audit Requirements ........................................................................... 22
7. Statement of Other Contracts ............................................................................ ~ ........................ 22
8. Miscellaneous Fiscal Terms and Conditions .............................................................................. 22
a. Limit of County's Obligations ............................................................................................ 22
b. Duplicate Payment from Other Sources ............................................................................... 22
c. Funding Identification .......................................................................................................... 22
d. Payments Contingent Upon State/Federal Funding ............................................................. 22
e. Denial of Aid ........................................................................................................................ 23
f. Budget .................................................................................................................................. 23
g. Payment of Claims ..................................................... :. ........................................................ 23
h. Payments Limited to Actual Net Expenditures .................................................................... 23
i. No Limitation On Rights ...................................................................................................... 23
Article VI:
Federal Requirements .................................................................................................................................... 24
1. Grant Administration .................................................................................................................. 24
2. County-Contractor Relationship ............................................. : .......................... ~ ........................ 24
3. National Objectives .................................................................................................................... 24
4. Performance ...................................................................................................... 2 ........................ 24
5. Citizen Participatio~ ................................................................................................................... 25
6. Flood Disaster Protection ........................................................................................................... 25
7. Equal Employment Opporttmity and Affn'mative Action .......................................................... 25
8. Lead Based Paint Hazard .................................................................................. : ........................ 28
9. Fire Prevention and Control Act ................................................................................................. 28
10. Federal Labor Standards Provisions ........................................................................................... 28
11. Compliance with Air and Water Acts ......................................................................................... 28
12. Relocation Assistance and Acquisitinn of Real Property ........................................................... 29
13. Consolidated Plan ....................................................................................................................... 29
14. Displacement .............................................................................................................................. 29
15. Books and Records o f Accounting ............................................................................................. 29
16. Program Income ......................................................................................................................... 30
17. Real Property .............................................................................................................................. 30
18. Revarsion of Assets .................................................................................................................... 30
19. Procurement of Equipment Servicas, Suppfies and Materials .................................................... 30
20. Use of Fedaral Funds for Lobbying ............................................................................................ 31
21. Political Activities ...................................................................................................................... 31
22. Funding Identification ................................................................................................................ 31
23. Offset of Arrears or Default ....................................................................................................... 31
24. Effective Dates ........................................................................................................................... 31
25. Force Majeure ............................................................................................................................ 31
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Article VII:
Environmental Requirements ........................................................................................................................ 32
Article VIII:
Description of Services - Project Description and Budget .......................................................................... 33
Exhibits .................................................................................................................................................... 34
Exhibit 1 Public Disclosure (Department to Indicate Exempt__ or Non-Exempt ........... 34
Exhibit 2 Union Certification (Department to Indicate Exempt __ or Non-Exempt ) .......... 34
Exhibit 3 Lawful Hiring ........................................................................................................................... 34
Exhibit 4 Certification Regarding Lobbying .......................................................................................... 34
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ARTICLE I
DEFINITIONS
IFMS No.
1. Meanings of Terms
As used herein:
"Audit of Financial Statements" means the examination by the Comptroller and any Federal or State auditing authority of the financial
statements of the Contractor resulting in the publication of an independent opinion on whether or not those financial statements are
relevant, accurate, complete, and fairly presented.
"Budget" means the Contractor's summary or plan of the intended revenues and expenditures necessary to
render thc Services.
"Comptroller" means the Comptroller of the County of Suffolk.
"Contract" means all terms and conditions herein forming all rights and obligations of the Contractor and County.
"Contractor" means the signatory corporation, any person, employee, agent, servant, sub-contractor and any successor and assign of
any one or more of the foregoing performing the Services.
"County" means the County of Suffolk, its departments and agencies.
"County Attorney" means the County Attorney of the County of Suffolk;
"Department" means the signatory department approving the Contract.
"Engineering Services" means the definition of the practice of engineering and the definition of practice of land surveying, as the case
may be, under Sections 7201 and Section 7203 of the Education Law, respectively.
"Event of Default" means
a. The Contractor's failure to perform any duty required of it under paragraphs 1 (b)-(e) of
Article II of the Contract; or
b. The Contractor's failure to maintain the amount and types of insurance required by the Contract; or
c. The Contractor's failure to comply with any Federal, State or local law, rn!e, or regulation,
and County policies or directives; or
d. The Contractor's bankruptcy or insolvency, or falsification of records or reports, or misuse of funds; or
e. The Contractor's failure to cooperate in an Audit of Financial Statements; or
f. The Contractor's failure to submit, or failure to timely submit, documentation to obtain Federal or State fimds; or
g. The inability of the County or the Contractor to obtain Federal or State funds due to any act or omission of the
Contractor; or
h. Any condition the County determines, in its sole discretion, is dangerous.
"Federal" means the United States government, its departments and agencies.
"Fringe Benefits" means non-wage benefits which accompany or are in addition to a person's salary, such as paid insurance, sick
leave, profit-sharing plans, paid holidays, and vacations.
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"Fund Source" means any direct or indirect sum payable to the Contractor by the County.
"Legislature" means the Legislature of the County of Suffolk.
"Management Letter" means a letter, certified as true by the Contractor's certified public account or chief financial officer of l-mdings
and recommendations for improvements in internal fiscal control that were identified during an Audit of Financial Statements, but
which were not required to be included in an audit report.
"Municipal Corporation" means a town, village or school district.
"Services" means all that which the Contractor must do and any part thereof arising out of or in connection with the contract necessary
to render the assistance and benefit intended by the Contract.
"State" means the State of New York.
"Statement of Other Contracts" means a complete list of all other contracts under which money has been or will be paid to the
Contractor from the County, the Federal, or the State governments or a Municipal Corporation and (i) which are currently in effect or
(ii) which have expired within the past 12 months and have not been renewed.
"Suffolk County Payment Voucher" means the document authorized and required by the Comptroller for release of payment.
"Term" means the time period set forth on page one of the Contract and, if exercised by the County, the option period.
2. ° Elements of Interpretation
Words of the masculine gender shall mean and include correlative words of the feminine and neuter genders and words importing the
singular number shall mean and include the plural number and vice versa.
Words importing persons shall include firms, associations, partnerships (including limited partnerships), trusts, corporations and other
legal entities, including public bodies, as well as natural persons, and shall include successors and assigns.
Capitalized terms used, bu~ not otherwise defined, herein, shall have the meanings assigned to them in the Contract.
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Article II
IFMS No.
General Terms and Conditions
1. Contractor Responsibilities
a. Duties and Obligations
i.) It shall be the duty of the Contractor to discharge, or cause to be discharged, all of its responsibilities and to
administer funds received in the interest of the County in accordance with the provisions of the Contract. The
Contractor for the consideration herein provided, agrees to complete in the most substantial workmanlike manner
the community development project(s) as described in Articles VII and VIII, attached hereto and made a part hereof
(hereinafter referred to as "CD Project(s)". CD Projects shall not be located outside the jurisdictional boundaries of
the Contractor without the written approval of the County and the affected jurisdiction.
ii.) The Contractor shall promptly take all action as may be necessary to render the Services.
iii.) The Contractor shall not take any action that is inconsistent with the provisions of the Contract.
b. Qualifications, Licenses, and Professional Standards
i.)
ii.)
The Contrhctor represents and warrants that it has, and shall continuously possess, during the Term, the
required licensing, education, knowledge, experience, and character necessary to qualify it to render the
Services.
The Contractor shall continuously have during the Term of the Co~tract all required authorizations,
certificates, certifications, registrations, licenses, permits, and other approvals required by Federal, State,
County, or local authorities necessary to qualify it to render the Services.
c. Notifications
i.)
The Contractor shall immediately notify the County, in writing, of any disciplinary proceedings,
commenced or pending, with any authority relating to a license held by any person necessary to qualify him
or the Contractor to perform the Services.
ii.)
In the event that a person is no longer licensed to perform the Services, the Contractor must immediately
notify the Department, but in no event shall such notification be later than five (5) days after a license
holder has lost the license required to qualify him or the Contractor to perform the Services.
iii.)
In the event that the Contractor is not able to perform the Services due to a loss of license, the Contractor
shall not be reimbursed for the Services rendered after the effective date of termination of such license.
Without limiting the generality of the foregoing, if any part of the Contract remains to be performed, and
the termination of the license does not affect the Contractor's ability to render the Services, every other
term and provision of the Contract shall be valid and enforceable to the fullest extent permitted by law.
d. Documentation of Professional Standards
The Contractor shall maintain on file, in one location in Suffolk County, all records that demonstrate that it has
complied with sub-paragraphs (b) and (c) above. The address of the location of the aforesaid records and documents
shall be provided to the County no later than the date of execution of the Contract. Such documentation shall be
kept, maintained, and available for inspection by the County upon 24 hours notice.
e. Engineering Certificate
In the event that the Contract requires any Engineering Services, the Contractor shall submit to the Department no
later than the due date for submission for approval of any engineering work product, the Certificate of Authorization
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("Certificate"), issued pursuant to § 72 l 0 of the New York Education Law, of every person performing any
Engineering Services. The failure to file, submit or maintain the Certificate shall be grounds for rejection of any
engineering work product submitted for approval.
2. Termination
Thirty Days Termination
The County shall have the right to terminate the Contract without cause, for any reason, at any time, upon such
terms and conditions it deems appropriate, provided, however, that no such termination shall be effective unless the
Contractor is given at least 30 days notice.
Event of Default; Termination on Notice
i.) The County may immediately terminate the Contract, for cause, upon such terms and conditions it deems
appropriate, upon an Event of Default.
ii.) If the Contractor defaults under any other provision of the Contract, the County may terminate the
Contract, on not less than 5 days notice, upon such terms and conditions it deems appropriate.
co
Termination Notice
Any notice providing for termination shall be delivered as provided for in Article 4 of the Contract.
Duties upon Termination
i.) ~'he Contractor shall discontinue the Services as directed in the termination notice.
ii.) The County shall pay the Contractor for the Services rendered through the date of termination.
iii.) The County shall be released from any and all liability under the Contract, effective as of the date of the
t~rmination notice.
iv.) Upon termination, the Contractor shall reimburse the County the balance of any funds advanced to the
Contractor by the County no later than 30 days after termination of the Contract. The provisions of this
subparagraph shall survive the expiration or termination of the Contract.
v.) Nothing contained in this paragraph shall be construed as a limitation on the County's rights set forth in
paragraph 8 of this Article II.
Indemnification and Defense
a. The Contractor shall protect, indemnify, and hold harmless the County, its agents, servants, officials, and employees
from and against all liabilities, frees, penalties, actions, damages, claims, demands, judgments, losses, suits or
actions, costs, and expenses caused by any acts or omissions or negligence of the Contractor, including
reimbursement of the cost &reasonable artomeys' fees incurred by the County, its agents, servants, officials, and
employees in any action or proceeding arising out of or in connection with the Contract.
b. The Contractor hereby represents and warrants that it will not infringe upon any copyright. The Contractor agrees
that it shall protect, indemnify, and hold harmless the County, its agents, servants, officials, and employees from and
against all liabilities, frees, penalties, actions, damages, claims, demands, judgments, losses, suits or actions, costs,
and expenses arising out of any claim asserted for infringement of copyright, including reimbursement of the cost of
reasonable attorneys' fees incurred by the County, its agents, servants, officials, and employees in any action or
proceeding arising out of or in connection with any claim asserted for infringement of copyright.
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IFMS No.
4. Insurance
no
The Contractor shall continuously maintain during the Term of the Contract insurance in amounts and types 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. The County shall be named an additional insured.
ii.) Automobile Liability insurance (if any vehicles are used by the Contractor in the performance of the
Contract) 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 law. Contractor shall
furnish to the County, prior to its execution of the Contract, the documentation required by the State of
New York Workers' Compensation Board of coverage or exemption fi.om coverage pursuant to §§57 and
220 of the Workers' Compensation Law. In accordance with General Municipal Law §108, the Contract
shall be void and of no effect unless the Contractor shall provide and maintain coverage during the term of
the Contract for the benefit of such employees as are required to be covered by the provisions of the
Workers' Compensation Law.
iv.) Professional Liability insurance in an amount n~t less than Two Miilinn Dollars ($2,000,000.00) on either
a per-occurrence or claims-made coverage basis.
(Delete this clause if not applicable)
The County may mandate an increase in the liability limits set forth in the immediately preceding paragraphs
(4)(a)(i), (ii), and (iv).
All policies providing such coverage shall be issued by insurance companies with an A.M. Best rating orA- or
better.
do
g.
The Contractor shall furnish to the County, prior to the execution of the Contract, declaration pages for each policy
of insurance, other than a policy for commercial general liability insurance, and UPon demand, a tree and certified
original copy of each such policy evidencing compliance with the aforesaid insurance requirements. In the case of
commercial general liability insurance, the Contractor shall furnish a declaration page or insuring Contract and
endorsement page evidencing the County's status as an additional insured on said policy, and upon demand, a true
and certified original copy of such policy evidencing compliance with the aforesaid insurance requirements.
All evidence of insurance shall provide for the County to be notified in writing 30 days prior to any cancellation,
nonrenewal, or material change in the policy to which such evidence relates. It shall be the duty of the Contractor to
notify the County immediately of any cancellation, nonrenewal, or material change in any insurance policy.
In the event the Contractor shall fail to provide evidence of insurance, the County may provide the insurance
required in such manner as the County deems appropriate and deduct the cost thereof from a Fund Source.
If the Contractor is a Municipal Corporation and has a self-insurance program under which it acts as a self-insurer
for any of such required coverage, the Contractor shall provide proof, acceptable to the County, of self-fi~nded
coverage.
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Independent Contractor
The Contractor is not, and shall never be, considered an employee of the County for any purpose. Notwithstanding anything
in the Contract, it shall not be construed as creating a principal-agent relationship between the County and the Contractor or
the Contract and the County, as the case may be.
Severability
It is expressly agreed that if any term or provision of the Contract, or the application thereof tu any person or circumstance,
shall be held invalid or unenforceable to any extent, the remainder of the Contract, or the application of such term or
provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected
thereby, and every other term and provision of the Contract shatl be valid and shall be enforced to the fullest extent permitted
by law.
Merger; No Oral Changes
It is expressly agreed that the Contract represents the entire agreement of the parties, and that all previous understandings are
merged in the Contract. No modification of the Contract shall be valid unless written in form and executed by both parties.
8o
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 from a Fund Source an amount no greater than any moneys due and owing to the
County for any reason. The County shall exercise its set-offrights subject to approval by the County Attorney. In cases of
~set-offpursuant to a Comptroller's audit, the County shall only exercise such right after the finalization thereof, and only
after consultation with the County Attorney.
Non-Discrimination In Services
This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations
with respect thereto'including the regulations under 24 CFR Part I. No person in the United States shall, on the grounds of
race, color, religion, sex, sexual orientation, age, creed, ancestry, disability or other handicap or marital/familial status,
military status or nafional origin, be excluded fi.om participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal fmancial assistance.
This Agreement is also subject to the requirements of Title VIII of the Civil Rights Act of 1968, known as the "Fair Housing
Act", which provides that it is the policy of the United States to provide, within constitutional limitations, fair housing
throughout the United States, and prohibits any person 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 is required to administer all programs and activities
related to housing and community development in a manner to aff'mnatively 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 by Executive Order 12259 (Equal Opportunity in Housing), Title VI of the Civil Rights
Act of 1964, the Age Discrimination Act of 1975, the Americans With Disabilities Act 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 570.200(j) of the
federal regulations regarding the use of Community Development funds by religious organizations and CPD Notice 04-10.
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11.
Governing Law
This Contract 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 the Supreme Court, Suffolk County, the United States District Court for the
Eastern District of New York, or, if appropriate, a court of inferior jurisdiction in Suffolk County.
12.
No Waiver
No waiver shall be inferred fi.om any failure or forbearance of the County to enforce any provision of this Contract in any
particular instance or instances, but the same shall otherwise remain in full force and effect notwithstanding any such failure
or forbearance.
13.
14.
15.
16.
17.
Conflicts of Interest
a. The Contractor shall not, during the Term, engage in any activity that is contra~:y to and/or in conflict with the goals
and purposes of the County.
b. It shall be the duty of the Contractor, during the Term, to disclose to the County the existence of any interest adverse
to the County, whether existing or potential. 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.
Cooperation on Claims
Each party signing the Contract shall render diligently to the other party, without compensation, any and all cooperation that
may be required to defend the other party, its employees and designated representatives against any claim, demand or action
that may be brought against the other party, its employees or designated representatives arising out of or in connection with
the Contract.
Confidentiality
Any document of the County, or any document created by the Contractor used in rendering the Services, shall remain the
property of the County and shall be kept confidential in accordance with applicable laws, rules, and regulations.
Assignment and Subcontracting
a. The Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of the Contract, or any of its right, title
or interest therein, or'its power to execute the Contract, or assign all or any portion of the monies that may be due or
become due hereunder, (collectively referred to in this paragraph 16 as "assignment"), to any other person without
the prior written consent of the County, and any attempt to do any of the foregoing without such consent shall be
void ab initio.
b. Such assignment shall be subject to all of the provisions of the Contract and to any other condition the County
requires. No approval of any assignment shall be construed as enlarging any obligation of the County under the
terms and provisions of the Contract. No assignment of the Contractor assumption by any person of any duty ofthe
Contractor under the Contract shall provide for, or otherwise be construed as, releasing the Contractor fi.om any term
or provision of the Contract.
Obligations of Contractor With Respect to Certain Third-Party Relationships:
The Contractor shall remain fully obligated under the provisions of this Contract, 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
Contract 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.
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CommuniW DevelopmentBIock GrantRecove~ Contract
IFMS No.
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)
A description of each task to be undertaken by the subrecipient, a schedule for completing each task and a budget for
each task.
b)
c)
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. Where
the subrecipient is to retain the program income, the specific activities to be undertaken with the program income
shall be indicated, and all the provisions of the Contract 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.
d) Requiremel~t of compliance with applicable OMB Circulars.
e)
Compliance with the following Federal law and regulations:
1) Public Law 88-352 the Civil Rights Act of 1964 and Public Law 90-284 known as the Fair Housing Act.
2)
3)
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
o~er handicap or marital/familiar status.
Section 110 of the Act regarding labor standards for contractor or subcontractors performing construction
work.
4)
5)
Section 202(a) of the Flood Disaster Protection Act of 1973.
Executive Order 11246 which prohibits discrimination in employment and Section 3 of the Housing and
Urban Development Act of 1968 regarding the provision of employment to low income persons residing
within the boundaries of the Consortium.
f)
6)
7)
8)
9)
42 U.S.C. 3535(d) 4821 and 4851 of the Lead-Base Paint Poisoning Prevention Act.
24 CFR Part 24 prohibiting the use of debarred, suspended or ineligible Contractor or subrecipients.
24 CFR Part 570.511 regulations prohibiting persons receiving benefits who have a conflict of interest.
24 CFR Part 570.2000) which prescribes the use of CDBG funds by religious organizations.
Indication that the Contract 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.
h)
Provision to ensure that any real property under the subrecipient's control that was acquired or improved in whole or
in part with CDBG funds in excess of $25,000 is either:
1)
Used to meet one of the national objectives for at least five year after expiration of the Contract, 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 nomCDBG funds for
acquisition of, or improvement to, the property.
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IFMS No.
Provision to ensure that:
l)
No Federal appropriated funds have been paid or will be paid, by or on behalf of the subrecipient, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative Contract, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative Contract.
2)
If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative Contract, the subrecipient shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
18.
Certification as to Relationships
The Contractor certifies that, other than through the funds provided in the Contract and other valid agreements with the
County, there is no known spouse, life partner, business, commercial, economic, or financial relationship, or any relationship
within the third degree of consa~3guinity between the Contractor, its parmers, members, directors, or shareholders owning
five percent or more of the Contractor and the County.
19.
Publications and Publicity
a. The Contractor shall not issue or publish any book, article, ~eport or other publication related to the Services without
first obtaining written prior approval from the County. After approval in writing is obtained, all 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 County shall have the right of print 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 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 person designated by the County, a royalty-flee,
nonexclusive license ts produce, reproduce, publish, translate or otherwise use any such materials.
21.
b. Patents
If the Contractor makes any discovery or invention during the Term, or as a result of work performed under the
Contract, 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 person designated by the County, a royalty-free,
nonexcinsive license to produce or otherwise use any item so discovered or patented.
Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction
In the event that this Contract 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 Article entitled "Suffolk County Legislative Requirements", the Contractor
shall maintain the documentation mandated to be kept by this law on the Construction Site at all times. Employee sign-in
sheets and register/log books shall be kept on the Construction Site at all times 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 Article II
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IFMS No.
Article III
Suffolk County Legislative Requirements
3o
Contractor'sNendor's Public Disclosure Statement
It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Section A5-7 of
Article V of the Suffolk County Code.
Unless certified by an officer of the Contractor as being exempt from the requirements of Section A5-7 of Article V of the
Suffolk County Code, the Contractor represents and warrants that it has filed with the Comptxoller 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'Comptroller on or before the 31 st day of January in each year of the Contract'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 the Contract, 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 fifteen percent (15%) of the amount of the
Contract.
Required Form:
Suffolk County Form SCEX 22; entitled "Contractor's/Vendor's Public Disclosure statemenf'
Use of County Resources to Interfere with Collective Bargaining Activities
It ~hall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Chapter 466 of the
Suffolk County Code. County Contractors (as defined by Section 466-2) shall comply with all requirements of Chapter 466
of the Suffolk County Code including the following prohibitions:
a. The Contractor shall not use County funds to assist, promote, or deter union organizing.
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.
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 the 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 the services are for the provision of human services and are not to be performed on County property, the Contractor must
adopt, at the least, a neutrality agreement.
Under the provisions of Chapter 466, the County shall have the authority, under appropriate circumstances, to terminate the
Contract and to seek other remedies as set forth therein, for violations of this Law.
Required Form:
Suffolk County Labor Law Form DOL-LOI; entitled "Suffolk County Department of Labor -
Labor Mediation Unit Union Organizing Certification/Declaration - Subject to Audit"
Lawful Hiring of Employees Law
It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Chapter 234 of the
Suffolk County Code.
Page 14 of 34
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Community Development Block Grant Recovery Contract
This Contract is subject to the Lawful Hiring of Employees Law of the County of Suffolk. It provides that all covered
employers, (as defined), and the owners thereof, as the case may be, that are recipients of compensation from the County
through any grant, loan, subsidy, funding, appropriation, payment, tax incentive, contract, subcontract, license agreement,
lease or other financial compensation agreement, issued by the County or an awarding agency, where such compensation is
one hundred percent (100%) funded by the County, shall submit a completed sworn affidavit (under penalty of perjury), the
form of which is attached, certifying that they have complied, in good faith, with the requirements of Title 8 of thc United
States Code Section 1324a with respect to the hiring of covered employees (as defined) and with respect to the alien and
nationality stares 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 Contract, lease or other
financial compensation Contract with the County; and shall be made available to the public upon request.
All contractors and subcontractors (as defined) of covered employers, and the owners thereof, as the case may be, that are
assigned to perform work in connection with a County contract, subcontract, license agreement, lease or other financial
compensation agreement issued by the County or awarding agency, where such compensation is one hundred percent (100%)
funded by the County, shall submit to the covered employer a completed sworn affidavit (under penalty of perjury), the form
of which is attached, certifying that they have complied, in good faith, with the requircmanis 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 Contract, lease or
other financial compensation Contract 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 a~nendment 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 Contract.
Under the provisions of the Lawful Hiring of Employees Law, the County shall have the a~thority to terminate this Contract
for violations of this Law and to seek other remedies available under the law.
The documentation mandated to be kept by this law shall at all times be kept on site. 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.
Required Forms:
Suffolk County Lawful Hiring of Employees Law Form LHE-1; entitled "Suffolk County
Department of Labor -"Notice Of Application to Certify Compliance With Federal Law (8 U.S.C.
SECTION 1324a) With Respect To Lawful Hiring of Employees"
"Affidavit of Compliance With The Requirements Of 8 U.S.C. Section 1324a With Respect To
Lawful Hiring Of Employees" Form LHE-2.
Gratuities
It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Chapter 386 of the
Suffolk County Code.
The Contractor represents and warrants that it has not offered or given any gratuity to any official, employee or agent of the
County or the 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.
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IFMS No.
Prohibition Against Contracting with Corporations that Reincorporate Overseas
It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Sections A4-13 and
A4-14 of Article IV of the Suffolk County Code.
The Contractor represents that it is in compliance with Sections A4-13 and A4-14 of Article IV of the Suffolk County Code.
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.
Child Sexual Abuse Reporting Policy
It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Article IV of
Chapter 577 of the Suffolk County Code.
· ' " id
The Contractor shall comply with Article IV of Chapter 577, of the Suffolk County Code, entitled Ch 1 Sexual Abuse
Reporting Policy", as n~w in effect or amended hereafter or of any other Suffolk County Local Law that may become
applicable during the term of the Contract with regard to child sexual abuse reporting policy.
7o
Non Responsible Bidder
It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Article II of Chapter
143 of the Suffolk County Code.
UpOn signing the Contract, the Contractor certifies that it has 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 "Nonresponsible Bidder."
9o
Use of Funds ia Prosecution of Civil Actions Prohibited
It shall bc the duty of the Contractor to read, become familiar with, and comply with the requirements of Section 590-3 of
Article II1 of Chapter 590 of the Suffolk County Code.
The Contractor shall not use any of the moneys, in part or in whole, and either directly or indirectly, received under the
Contract, in connection with the prosecution of any civil action against the County in any jurisdiction or any judicial or
administrative forum.
Work Experience Participation
If the Contractor is a nonprofit or governmental agency or institution, each of the Contractor's locations in the County at
which the Services are provided 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 the Contract. If no Memorandum of Understanding ("MOU") with thc Suffolk
County Department of Labor for work experience is in effect at the beginning of the term of thc Contract, the Contractor, if it
is a nonprofit or governmental agency or institution, shall enter into such MOU as soon as possible at, er tho execution of the
Contract 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 the Contract, for which the County may withhold payment, terminate this Contract 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 website at
http://www.co.su ffolk.n¥.us."
End of Text for Article Ili
Page 16 of 34
Law No. IFMS No.
Rev. 10/30/08
Community Development Block Grant Recovery Contract
Article IV
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
regarding the Contract shall be in writing, delivered as follows, and shall be given to the County or the Contractor, as the case
may be, or their designated representative at the following addresses or at such other address that may be specified in writing
by the parties:
By Personal Delivery and First Class Mail; or First Class and Certified Mail, Return Receipt Requested; or by
Nationally Recognized Overnight Courier; or Fax Transmittal; or Email:
County:
Suffolk County Community Development H. Lee Dennison Building
P.O. Box 6100
100 Veterans Memorial Highway
Hanppauge, N.Y. 11788
Attn: Joseph T. Sanseverino, Office of Community Development
Email: joe.sanseverino~co.suffolk.ny~us
Fax No.: (631) 853-5688
and
Christine Malafi, County Attorney
Suffolk County Department of Law
H. Lee Dennison Building
100 Veterans Memorial Highway
Hauppauge, New York 11788
Email: christine.malafi(~_ ,suffolkcountvn¥. gov
Fax No.: (631) 853-5169
Contractor:
At the address set forth on page one of the Contract, to the attention of the person who
executed the Contract or such other designee as the parties m~y agree in writing.
Email:
Fax No.
Notices Relating to Termination and/or Litigation
a. In the event the Contractor receives a notice or claim or becomes a party (plaintiff, petitioner, defendant, respondent,
third party complainant, third party defendant, etc.) to any legal action or proceeding related to this Contract, 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.
b. 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 follows:
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
Email: joe.sanseverino~co.suffolk.n¥.us
Fax No.: (631) 853-5688
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Community Development Block Grant Recovery Contract
IFMS No.
and
Christine Malafi, County Attorney
Suffolk County Department of Law
H. Lee Dennison Building
100 Veterans Memorial Highway
Hauppauge, New York 11788
Email: christine.malafi~suffolkcoantyn¥.goy
Fax No.: (631) 853-5169
and
Christine Malafi, County Attorney
Suffolk County Department of Law
H. Lee Dennison Building
100 Veterans Memorial Highway
Hauppauge, New York 11788
Email:
Fax No.
Contractor:
At the address set forth on page one of the Contract, to the attention of the person who
executed the Contract or such other designee as the parties may agree in writing.
4o
Notices shall be deemed to have been duly delivered (i) if maited, 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 ~ansmittal 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" means 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 Article IV
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1FMS No.
Article V
General Payment Terms and Conditions
General Payment Terms
a. Presentation of Suffolk County Payment Voucher
In order for payment to be made by the County to the Contractor for the Services, the Contractor shall prepare and
present a Suffolk County Payment Voucher, which shall be documented by sufficient, competent and evidential
matter.
b. Voucher Documentation
The Suffolk County Payment Voucher shall list all information regarding the Services and other items for which
expenditures have been or will be made in accordance with the Contract. Either with the Contract (for the Services
akeady rendered and expenditures already made) or not more than 30 days after the oxpenditures were made and in
no event after the 31st day of January following the end of each year of the Contract, the Contractor shall furnish the
County with detailed documentation in support of the payment for the Services or expenditures under the Contract
e.g. dates of the Service, worksite locations, activities, hours worked, pay rates and program budget categories. The
Suffolk County Payment Voucher shall include time records, certified by the Contractor as true and accurate, of all
personnel for whom expenditures are claimed during the period. Time and attendance records of a project director,
if any, shall be made by the Chairperson, President or other designated member of the Board of Directors of the
Contractor. All Suffolk County Payment Vouchers must be signed in ink by duly authorized persons, and
certification of such authorization with certified specimen signat, ures thereon must be filed with the County by a
Contractor official empowered to sign the Contract. Disbursements made by the Contractor in accordance with the
Contract and submitted for reimbursement must be documented and must comply with accounting procedures as set
forth by the Suffolk County Department of Audit and Control. Documentation, including any other form(s) required
by County or the Suffolk County Department of Audit and Control, shall be furnished to the County pursuant to, and
as limited by, the Regulations for Accounting Procedures for Contract Agencies of the Suffolk County Department
of Audit and Control. 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.
Payment by County
Payment by the County shall be made within 30 days after approval of the Suffolk County Payment Voucher by the
Comptroller.
Budget Adjustments
Payments to the Comractor are limited to funds deposited with the County pursuant to the Federal grant. Said
payment to the Contractor shall be for approved project expenditures, not to exceed the budget as listed in Article
VIII plus assigned program income.
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 Article VIII 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.
eo
Taxes
The charges payable to the Contractor under the Contract are exclusive of federal, state, and local taxes, the County
being a municipality exempt from payment of such taxes.
Page 19 of 34
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IFMS No.
Final Voucher
The acceptance by the Contractor of payment of all billings made on the final approved Suffolk County Payment
Voucher shall operate as and shall be a release of the County from all claims by the Contractor.
Subject to Appropriation of Funds
a. The Contract is subject to thc amount of funds appropriated and any subsequent modifications thereof by thc
Legislature, and no liability shall be incurred by the County beyond thc amount of funds appropriated by the
Legislature for the Services.
b. If the County fails to receive Federal or State funds originally intended to pay for the Services, or to reimburse the
County, in whole or in part, for payments made for the Service, the County shall have the sole and exclusive right
to:
i.) Determine how to pay for the Services;
ii.) Determine future payments to the Contractor; and
iii.) Determine what amounts, if any, are reimbursable to the County by the Contractor and the terms and
conditions under which such reimbursement shall be paid.
c. 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 Article VI1).
Activities which require compliance with Federal regulations 24 CFR Part 58 environmental standards as a
condition preced6nt to Release &Funds are a~tached hereto as Article VII and made part hereof, this includes the
filing for Environmental Review as appropriate. Compliance with Environmental regulations shall also apply to all
new or revised activities developed subsequent to the execution of this Agreement.
Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures
a. Upon request, the Contractor shall submit to thc County a current copy, certified by the Contractor as true and
accurate, of its:
i.) salary scale for alt positions listed in the Budget;
ii.) personnel rules and procedures;
iii.) pension plan and any other employee benefit plans or arrangements.
The Contractor shall not be entitled to reimbursement for costs under any pension or benefit plan the Comptroller
deems commercially unreasonable.
Notwithstanding anything in this paragraph 3 of this Article V, the County shall not be limited in requesting such
additional financial information it deems reasonable.
4o
Accounting Procedures
a. The Contractor shall maintain accounts, books, records, documents, 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 Contract in accordance with generally accepted accounting principles and with rules, regulations
and financial directives as may be promulgated by the Suffolk County Depa~ment of Audit and Control and
Department. The Contractor shall permit inspection and audit of such accounts, books, records, documents and
other evidence by Department and the Suffolk County Comptroller, or their representatives, as oflen as, in their
Page 20 of 34
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Co
IFMS No.
judgment, such inspection is deemed necessary. Such right of inspection and audit as set forth in subparagraph b.
below shall exist during the Term and for a period of seven (7) years after expiration or termination of the Contract.
The Contractor shall retain all accounts, books, records, and other documents relevant to the Contract for seven (7)
years after final payment is made by the County. 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.
Such access is granted notwithstanding any exemption from disclosure that may be claimed for those records which
are subject to nondisclosure agreements, trade secrets and commercial information or f'mancial information that is
privileged or confidential.
The Contractor shall utilize the accrual basis of accounting and will submit all financial reports and claims based on
this method of accounting during the Term.
Audit of Financial Statements
All payments made under the Contract are subject to audit by the Comptroller pursuant to Article V of the Suffolk
County Charter. The Contractor further agrees that the Comptroller and 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 the Contract. The Contractor's failure to cooperate in any Audit of Financial Statements shall be an Event of
Default. 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
proposed 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 the Contract or otherwise.
b. The provisions of this paragraph shall survive the expiration or termination of the Contra~t.
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 Contractor's "fiscal year" (January I to December 31) in which
the Contractor has received, or will receive, $300,000 or more from the County, whether under the Contract or other
agreements with the County, and shall submit a report to the County on the overall 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 from a number of
qualified accounting firms and to review carefully the costs of, and qualifications for, this type of work before
selecting the Auditor.
b. The Auditor should be required to meet the following minimum requirements:
i.) a current license issued by the New York State Education Department;
ii.) sufficient auditing experience in the nonprofit, govermmental or profit-making areas, as applicable;
and
iii.) a satisfactory peer review issued within not more than three years prior to the date when the
Auditor was selected to conduct the audit.
c. The audit must be conducted in accordance with generally accepted governmental auditing standards. 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.
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do
f.
In the event 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 fi'om Federal awarding agencies, or as a
suhrecipient expending Federal awards received from a pass-thrnugh entity, such as New York State or Suffolk
County, during any fiscal year within which it receives funding under the Contract, the audit must be conducted, and
the audit report ("Single Audit Report") must be, in accordance with OMB Circular No. A-133 (revised June 27,
2003). Single Audit Repons must also be submitted to the designated clearinghouse, cognizant agency and/or pass-
through entity, to the extent required by the OMB Circular referred to above.
The Contractor must submit to the County a statement in writing, certified by its chief t'mancial 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 Department and to the 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
must include all Federal funding received directly fi'om the Federal government and all Federal funds passed
through fi'om the County and other pass-through entities.
Copies of all £mancial statements, Management Letters, Single Audit Repons and other audit repons must be
transmitted to Department and to the Executive Director of Auditing Services at the address set forth above. The
repons 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 year to which the audit relates.
These requirements do not preclude the Department or the Comptroller or their authorized representatives or Federal
or State auditors fi'om auditing all records of the Contractor. Therefore, the records of the Contractor must be made
· available to authorized representatives of Federal, State and County government for that purpose.
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 this paragraph shall survive the expiration or termination of the Contract.
Statement of Other Contracts
Prior to the execution of the Contract, the contractor shall submit a Statement of Other Contracts to the County, which shall
be attached as an exhibit to the Contract. If the Contract is amended during the Term, or if the County exercises its option
right, the Contractor shall attach a then current Statement of Other Contracts.
Miscellaneous Fiscal Terms and Conditions
Limit of County's Obligations
The maximum amount to be paid by the County is set forth on the first page of the Contract.
Duplicate Payment from Other Sources
Payment by the County for the Services shall not duplicate payment received by the Contractor from any other
SOUrCe.
Funding Identification
The Contractor shall promptly submit to the County upon request, a schedule for all programs funded by the County
itemizing for each such program the sums received, their source and the total program budget.
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Payments Contingent upon State/Federal Funding
Payments under the Contract is subject to and contingent upon continued funding by the federal government. In
such event, no payment shall be made until the Contractor submits documentation in the manner and form as shall
be required by the federal government. If late submission of claims precludes the County from claiming federal
reimbursement, such late claims shall not be honored. If, for any reason, the full amount of such funding is not
made avaiIable to the County, the Contract may be terminated in whole or in part, or the amount payable to the
Contractor may be reduced at the discretion of Department, provided that any such termination or reduction shall not
apply to allowable costs incurred by the Contractor prior to such termination or reduction, and provided that money
has been appropriated for payment of such costs. The Contractor's failure to submit, or failure to timely submit,
such documentation shall be an Event of Default.
Denial of Aid
Ifa State or Federal government agency is funding the Contract and fails to approve aic~ in reimbursement to the
County for payments made hereunder by the County to the Contractor for expenditures made during the Term
because of any act, omission or negligence on the part of the Contractor, then the County may deduct and withhold
fxom any payment due to the Contractor an amount equal to the reimbursement denied by the state or federal
government agency, and the County's obligation to the Contractor shall be reduced by any such mounts. In such an
event, if there should be a balance due to the County after it has made a final payment to the Contractor under the
Contract, on demand by the County, the Contractor shall reimburse the County for 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 Contract. The inability of the County or the Contractor to obtain Federal or State
funds due to any act or omission of the Contractor shall be an Eve~-t of Default.
Budget
The Contractor represents and agrees that the Budget, as listed in Article VIII, attached hereto and made a part
hereof plus program income assigned to the Contractor by the County, includes all costs of materials, appliances,
tunis and labor needed by the Contractor to undertake the CD Project(s).
Payment of Claims
Upon receipt ora Suffolk County Payment Voucher, the County, at it's discretion, may pay the Contractor during
the Term, in advance, an amount not to exceed one sixth (1/6) of the maximum amoun[ to be paid by the County set
forth on the first page of the Contract.
Payments Limited to Actual Net Expenditures
The Contractor agrees that if, for any reason whatsoever, the Contractor shall spend during the Term for the
purposes set forth in the Contract an amount less than, or receive amounts more than, provided in the Budget, the
total cost of the Contract shall be reduced to the net amount of approved, actual Contractor expenditures made for
such purposes, and amounts received and that the total amount to be paid by the County shall not exceed the lesser
of (i) approved actual net expenditures or (ii) the total cost of the Contract on the cover page and in the Budget.
Upon termination or expiration of the Contract, 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 Suffolk
County Treasurer for the difference between the two amounts and submit such payment to the County, along with
the final Suffolk County Payment Voucher.
No Limitation On Rights
Notwithstanding anything in this Article V, the County shall have available to it all rights and remedies under the
Contract and at law and equity.
End of Article V
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Federal Requirements
1. Grant Administration:
a) Authorization: Notwithstanding any other provision of this Agreement, the Contractor must submit evidence, and
the County must certi~, 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 natnre 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.
3. National Objectives:
Contractor certifies that the CD projects carried out under this Agreement meet the National Objectives as defined in 24 CFR
570.208~
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 t~me y requirements ffby January 15 of each ye
its total balance of unexpended funds fi.om all program years does not exceed 1.5 times the Contractor's most recent annual
Community Development allocation..
If the Contractor has unexpended balances fi.om previous years' funding, which are fi.om four or more yeays 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 fi.om 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 tu remove the causes for delay.
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 to 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, fi.om all program years, which exceed 1.5 times the Contractor's most recent annual
Community Development allocation.
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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. The 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-submissinn 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 constmctinn purposes (as defined under
Section 3(a) o£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 th9 Federal Emergency
Management Agency as an area having special flood hazards unless the community in which such area is situatad 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 conununity regarding such hazards; and flood insurance is obtained in accordance with
Section 102(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001).
Any contract or agreement for the sale, lease or other transfer of land acquire~i, 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 Protection Act of 1973. Such provisions shall be required, notwithstanding the fact that the construction
on such land is not itself funded with assistance provided under this Agreement.
7. Equal Employment Opportunity and Affirmative Action:
a) Equal Opportunity: In carrying out the Community Development Program, the Contractor shall ensure that no
person, on the grounds of race, color, creed, ancestry, disability or other handicap, age, marital/familial status, military status, national
origin, sexual orientation, religion or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity funded in whole or in part with Community Development Block Grant funds.
The Contractor 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; layoffor 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, sexual orientation, age, creed, ancesay, 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
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developed by the County and applicable to local personnel funded with Community Development Block Grant funds. The County
Community Development Director shall be designated as the Consortium's Affu-mative Action Officer.
Separate Community Development Agencies, will be required to develop and implement their own Affirmative
Action Plan, unless such a plan has already been developed and approved by HUD. The Agency's Plan must be submitted to the U.S.
Department of Housing and Urban Development for its review and approval. If the Plan is not acceptable to the County or HUD, the
Community Development Agency will be required to submit a revised Plan(s), until approved by HUD.
All employees of the 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 subcong'act for
construction work, or modification thereof, as defined in said regulations, which is paid for in whole or part with assistance provided
under this Contract, the following equal opportunity clause:
During the performance of this contract, the Contractor agrees as follows:
1. 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/famifial status or national
origin. The Contractor will take aff~mative 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 compensatinn; 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 setting 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 appficants will receive consideration for employment without regard to
race, color, religion, sex, age, creed, ancestry, disability or other handicap or marital/familial status or
national origin.
3. The Contractor will send to each labor union or representative of workers with which he has a collective
bargaining Contract 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 o~the notice in conspicuous places available to employees and applicants for
employment.
4. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of
the rules, regulations, and relevant orders of the Secretary of Labor.
5. 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 Govermnent and the Secretary 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, reguIatinn, or order of the Secretary of Labor, or as otherwise provided by law.
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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 to protect the interest of the United States."
The Contractor fia'ther agrees that it will be bound by the above equal opportunity clause with respect to its own employment
practices when it participates in Federally-assisted construction work; provided, however, that if the 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 opportunity clause and the roles, 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 fi'om 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 anyor 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 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.
d) 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 ~usiness
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.
e) 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
fu-ms, financial institutions, investment banking fu'ms, underwriters, accountants, and providers of legal services, in all contracts
entered into with such persons or entities, public and private, in order to facilitate the activities of the Community Development
Program.
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8. Lead Based Paint Hazards:
The construction or rehabilitation of residential structures with assistance provided trader this Agreement is subject to the
requirements of 24 CFR Part 35, subparts A, B and R and subparts C through M when applicable. Any rehabilitation or acquisition of
residential structures by the 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 Contract 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.
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 applicable 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. Department of Labor at 29 CFR Part 5. 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 ofr~sidential property {~ontaining 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 subject to the requirements of the Clean Air Act, as amended, 42 USC 1857, et. seq.; the Federal Water
Pollution Control Act, as amended, 33 USC 1251, et. seq.; and the regulations of the Environmental Protection Agency with respect
thereto, at 40 CFR 15, as may be amended fi'om 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.
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c) A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification
received fi.om the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for
the contract is under consideration to be listed on the EPA List of Violating Facilities.
d) Agreement by the 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 requiting 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)(t) 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 UPA 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'carry out the relocation process in such a manner as to provide such displaced persons with uniform and
consistent services, including any services required to insure that the relocation process does not result in different or separate
treatment to such displaced persons on account of their race, color, religion, national origin, age, sex, or source of income.
In acquiring real properly, the Contractor should be guided by the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 as amended and ~he government-wide UPA 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 Consort!urn,
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 of a policy to
minimize the displacement of persons fi.om their homes and neighborhoods and to mitigate adverse effects of such displacement on
low and moderate income persons. In accordance, the Contractor 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
· Environmental Survey
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· Demographic Survey
· Budget Modifications
· HUD/EEO-4 Employment Data Form
· Minority Business Enterprise Report
· Other data as may be required by HUD
16. Program Income:
The County shall assign program income generated by the Contractor for the purpose of carrying out eligible Community
Development activities. All provisions of this Agreement shall apply to the use of program income assigned to the 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 ~vill require at
the end of the program year, the remittance by the Contractor of all or part of any program income balances (including investments
thereof) held by the Contractor (except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances
from a lump sum drawdown, or cash or investments held for Section 108 security needs). Ifa Contractor withdraws fi.om 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:
a) The timely notification of the County by the Contractor of any modification or change in the use of the real
property fi.om that planned at the time of acquisition or improvement including disposition;
b) Reimbursement of the County in an amount equal to the current fair market value (less any'portion thereof
attributable to expenditures of non-Community Development funds) of property acquired or improved with
Community Development funds that is sold or transferred for a use which does not qualify Under the
Community Development regulations; and,
c) Return of program income to the County generated from the disposition or transfer of property prior to or
subsequent to the close-out, change of status or termination of the Cooperation Agreement between the
County and the 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 ai%r 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. Procurement of Equipment, Supplies and Materials:
The procurement of equipment, services, materials and supplies shall be undertaken in accordance with the requirements of
24 CFR 85, Administrative Requirements for Grants and Cooperative Agreements to Local Governments.
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The Contractor shall maintain an inventory of non-expendable personal property in accordance with 24 CFR 85 and 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.
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 Congresg, or an employee ora
Member of Congress in connection with this Feder01 contract, grant, loan, or cooperative Contract, 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 Hatch Act ( USC 1501, et. seq.) regarding employees' political
participation.
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 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. Offset 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
fi.om 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 Majeure:
Neither party shall be held responsible for any delay or failure in performance hereunder to the extent such delay or failure is
caused by fire, flood, explosion, war, strike, embargo, civil or military authority, act of God, act or omission of carriers, power failure
or s~mfiar causes beyond ts control (' force ma3eure condmons ). If any force majeure condition occurs, the party delayed or unable
to perform shall give immediate notice to the other party.
Page 31 of 34
Law No.
Rev. 10/30/08
Community Development Block Grant Recovery Contract
IFMS No.
Article VIl
ENVIRONMENTAL REQUIREMENTS
CONDITIONAL APPROVALS ON USE OF FUNDS
TOWN/VILLAGE 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
activit~ 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), abo~e, is
prohibited without the further express written authorization of HUD through a Release of Funds:
PROJECT NUMBER
100101-03E-08R
PROJECT
Peconic Community Center
BUDGET
39,000.00
Total Budget 39,000.00
Page 32 of 34
Law 'No.
Rev. 10/30/08
Community Development Block Grant Recovery Contract
IFMS No.
Article VIII
Project Descriptions and Budget
(Description of Services)
The projects attached hereto have been approved for the receipt of federal Community Development Block Grant - Recovery
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.
The Contractor shall give preference to activities that can be started and completed expeditiously, including a goal of using at
least 50 percent of the funds for activities that can be initiated not later than 120 days fi.om the date the funds are made available to
ensure job creation and economic benefit.
All iron, steel and manufactured goods used in construction, alteration, repair, or maintenance of a public building or public
work project assisted with CDBG-R funds under the Recovery Act must be produced in the United States unless the Secreta~ finds
that: (I) the requirement is inconsistent with public interest; (2) those goods are not reasonably available or produced in sufficient
quantity in the U.S.; (3) or the use of the goods will increase the project cost by more than 25 percent.
In accordance with the Recovery Act, HUD has imposed a grant period and expenditure deadline of September 30, 2012, to
ensure that the use of CDBG-R funds is expedited. Any funds not expended by September 30, 2012, will be recaptured by HUD and
returned to the U.S. Treasury.
Projects will be implemented in accordance with the rules and regulations delineated in the HUD Notice of Program
Requirements for Community Development Block Grant Program Funding Under the American Recovery And Reinvestment Act of
2009 (Docket No. FR-5309-N-01).
Page 33 of 34
Grantee Name: SUFFOLK COUNTY
Project Name: 1001 - PECONIC COMMUNITY CENTER
Description: 5 TD][$ Project #: 1100101o03E-08P, lUnG Code: INY369103 SUFFOLK COUNTY
TOWN OF $OUTHOLD
P,enovation to existing community center's heating and venitation system. LMA. 570.208.(a)(1)(i)
Location: ~~ ~ C~"l~l~,~ii~ ~g 0.~!~:~
Peconic, NY 11958 CT1700.02 Select one:
BG1; 1702.01 BG4
Explanation:
Expected Completion Date:
9/30/2012
- Objective Category
O Decent Housing
~) suitable Living Environment
0 Economic OPPortun!tY ~ JJJJ~JJJ~J~~~Jl~Jj~JJJJJ~
Outcom~ Categories i Improve quality J increase quantity of neighborhood facilities for row-income persons
[] Avaiia bilityJ^cceSSibility j
[] AffordabilitY 2
[] sustainability 3
I
11 Public FadmRies j~, I Proposed i Accompl. Type: j~m, Proposed
m ,Underway
~ Underway
-- ~ Complete Complete
~ e-E 01 People I~' Proposed
~'--~ [ ~' I Proposed 1410 Accompl. Type:
~u:~. Underway Underway
Complete Complete
[ ~' I Proposed ^ccompL Type:
UJ e Underway Underway
<
Complete Complete
Proposed Outcome Performance Measure Actual Outcome
NUMBER OF PERSONS NEW ACCESS TO A FACiLiTY
Ass!STED
03E Neighborhood Fadlities 570.201(c) j ~1, t Matrix Codes
I',IProposed Amt. 9,0o0 E ndSo ree: I* IP epesedAmt'
~ Actual Amount ~l Actual Amount
Actual Amount JJ Actual Amount
,~, Proposed Units ~] AccompL Type: '~' Proposed Units
Actual Units Actual Units
~. A¢compL Type: ~' Proposed Units Accompl. Type: ~" Proposed Units
Actual Units Actual Units
Project (5)R I CPMP
Law 'No.
Rev. 10/30/08
Community Development Block Grant Recovery Contract
IFMS No.
Exhibits
Exhibit 1 Public Disclosure
Exhibit 2 Union Certification
Exhibit 3 Lawful Hiring
Exhibit 4 Certification Regarding Lobbying
(Department to Indicate Exempt X or Non-Exempt.__)
(Department to Indicate Exempt or Non-Exempt X
Page 34 of 34
Suffolk County. New York
l)epartment of Labor
SUFFOLK COUNTY DEPARTMENT OF LABOR- LABOR MEDIATION UNIT
UNION ORGANIZING CERTIFICATION/DECLARATION - SUBJECT TO AUDIT
If the following definition of "County Contractor" (Union Organizing Law Chapter 466-2) appli~ to the
contraetor's/benefi¢iary's business or transaction with Suffolk County, the contractor/beneficiary must complete Sections I,
III, and IV below. If the following definitions do not apply, the eontractur/benefieiary must complete Sections II, Ill and IV
below. Completed forms must be submitted to the awarding agency.
County Contractor: "Any employer that receives more than $50,000 in County funds for supplying goods or services pursuant to a
written contract with the County of Suffolk or any of its agencies; pursuant to a Suffolk County grant; pursuant to a Suffolk County
program; pursuant to a Suffolk County reimbursement for services provided in any calendar year; or pursuant tn a subcontract with
andy of the above."
Section I
[sehe Union Organizing Law applies to this contract. I/we hereby agree to comply with all the provisions of Suffolk
ounty Local Law No. 26-2003, the Suffolk County Union Organizing Law (the law) and, as to the goods and/or
rvices that are tho subject of the conU'act with tho County of Suffolk shall not use County funds to assist, promote,
Check if or deter union organizing (Chapt6r 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 f~nds are not used to assist, promote, or deter
union organizing. (Chapter 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 incurr6d to assist, promote;'or deter union organizing are made,
I/we shall maintain records sufficient to show that no County funds were used for those expenditures and, as
apl~licable, that no reimbursement from County funds has been sought for such costs. I/we agree that such records
shall bi made available to the pertinent County agency or authority, ~e County Cnmptroller, or the CoUnty
Depar~ent o fLaw upon request. (Chapter 466-3 I)
l/w'e furthei' affirm to the followin~ as to the goods and/or sen, ices that are th~ subject of the contra~t with
Co~mty of Suffolk:
· I/we will not express to employees any false or misleading information that is intended to influence the
determination'of employee preferences regarding union representation;
l/we will not Coerce or intimidate employees, explicitly ur implidtly; in ~electing °r n°t selecfing a bargaining
representative;
· I/we will not require an employee ~ndivJdually or in a group, toattend a meeting or an event !hat is intended to
influence his 6r her deoision in selecting or not selecting a bargaining representative;
· I/we understand my/our obligation to limit disruptions caused by prerecegnitinn labor disputes through tho
adoption of nonconfrontational procedures for the resolution ofprerecognitinn 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 servicesto the County. I/we shall include a list of said
procedures in such certification.
Section II
Check if
Applicable
Tho Union Organizing Law does not apply to this contract for the folloving reason(s):
DOL-LO1 (3/~/08)
Suffolk County, New York
Department of Labor
Section III
Contractor Name:
Contractor Address:
Contractor Phone//:
Description of project or service:
AmountofAssistance: ~ ?: O_~OO,
[ [?T/-O~TVendor #:
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 penalty of perjury under the Laws of the State of New York that the undersigned is authorized to provide this
certification, and that~i~above is true aj;l~orrect.
Authorized Si-~tare Date
Print Name and Title of Authorized Representative ~/
DOL-LO 1 (315108)
SUFFOLK COUNTY DEPARTMENT OF LABOR
NOTICE OF NON-APPLICABILITY FOR COMlaLIANCE WITH FEDERAL LAW
(8 U.S.C. SECTION 1324A.~
WITH RESPECT TO LAWFUL HIIRING OF EMlaLOYEES
~uffolk County Code, Cha ter 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:
Federal Employer ID#
Contractor Address:
Contractor Pho.ne #:
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 hundred
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
LI-[E-6
(01/07)
Certification Regarding Lobbying for Contract, Grants, Loans and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
I. No State or Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence legislation or appropriation
actions pending before local, State and Federal executive and/or legislative bodies in connection
with the awarding of any contract, the making of any grant, the making of any loan the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any contract, grant, loan, or cooperative agreement.
2. If any funds other than State or Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence legislation or appropriation actions pending before
local, State and Federal executive and/or legislative bodies in connection with this contract, grant,
loan or cooperaiive agreement, the under:signed shall complete and submit Standard Form LLL,
"Disclosure Form 1o Report Lobbying", in accordance with its instructions.
3. The undersigned shall require that the language of this cedification be ir~cluded 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.
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. Code. Failure to file the required certification shall be
subject to civil penalty by the Federal government of not less than $10,000 and not more than $100,000 for
each such failure.
Provider: '-7~c.,j
Agreement Number:
Sign:
Name:
Title:
Date:
Page '1 of I