HomeMy WebLinkAboutClean Vessel Assistance ProgramRESOLUTION 2010-244
ADOPTED
DOC ID: 5792
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-244 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 23, 2010:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Letter of Intent~ Clean Vessel Assistance
Program Operation & Maintenance Annual Application~ request for reimbursement form~
and any other accompanying documents between the Town of Southold and the New York
State Environmental Facilities Corporation in connection with the filing of a Clean Vessel
Assistance Program Operation & Maintenance Grant Program Annual Application for
2010 for grant funds up to the maximum amount of $5,000 per boat regarding the two pump-out
boats owned and operated by the Town of Southold, utilized for the Town and Fishers Island,
subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Ruland, Councilmao
SECONDER: Vincent Orlando, Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
CLEAN VESSEL ASSISTANCE
OPERATION & MAINTENANCE GRANT PROGRAM
I,ETTER OF 1NTENT
2010
Operations&
Please complete all bo/d/italic areas in this document and mail or [bx to EFC bv April 12, 2010.
Request for Reimbursemeut and Completed Documentation is due to EFC
November 1, 2009- December 31, 2010.
Da~: March 15, 2010
To:
New York State Environmental Facilities Corporation
Technical Advisory Services
625 Broadway, Albany, New York 12207-2997
Atto: CVAP O&M
Fa~x: 518-486-9248
RE: FaciliO, Nante: Town of Southold - Southold Town Pump-Out Boat
This letter is to notify New York State Environmental Facilities Corporation (NYSEFC) of our intent to
participate in the Clean Vessel Assistance Program Operation & Maintenance Grant Program for the
calendar year 2010. This will include costs incurred from November I, 2009 October 3 I, 2010.
We anticipate the level of required O&M funding for 2010 lo be $ 5,000. O0
(Max. $5,000 per pumpout boat and $2,000 pet' land-based facility)
Please check if a pumpout fee is collected (not to exceed $5 peK- pumpout).
Please check if requesting costs associated with Pumpout Boat support.
I certify by my signature to this letter that I am authorized to conduct business for the above facility and that
1 have received the "New York State Clean Vessel Assistance Program Operation & Maintenance Guidance"
(O&M Guidance) material. I understand that specific requirements must be met in order to receive available
funding and that 1 must maintain records through the cost year to apply for reimbursement of those costs. I
also understand that by submitting this "Letter of Intent" by the above date I am given priority for funding
based upon available funding and my ability to submit a complete reimbursement package as detailed in the
O&M Guidance, but that no guarantees m'e given for funding. 1 am also providing the name and title of the
person who is authorized to sign the contract for funding, which will be sent September of this ye,'u'.
Scott A. Russell Town Sut)ervisor
Name of Applicant Title Date
Name orA uthorized Representative: Title:
Address: Southold Town Board of Trustee$
P.O. Box 1179
Southold, NY 11971
Telephone:
Attn: Dave Bergen
631-765-1892 Fax: 631-765-6641 E-mad: ~edu
CLEAN VESSEL ASSISTANCE
OPERATION & MAINTENANCE GRANT PROGRAM
LETTER OF INTENT
2010
Operations &
Please complete all bold/ilalic areas in this document and mail or fax to EFC bi, April 12, 20i0.
Request for Reimbursement and Completed Documentation is due to EFC
November 1, 2009- December 31, 2010.
Da~: March 15, 2010
New York State Environmental Facilities Corporation
Technical Advisory Services
625 Broadway, Albany, New York 12207-2997
Attn: CVAP O&M
Fax: 518-486-9248
RE: Facility Name: Town of Southold - Fishers Island Pump-Out Boat
This letter is to noti~, New York State Environmental Facilities Corporation (NYSEFC) of our inteut to
pm'ticipate in the Clean Vessel Assistance Program Operation & Maintenance Grant Program for the
calendar >,ear 2010. This will include costs incurred fi'om November 1, 2009 - October 31, 2010.
We anticipate the level of required O&M funding for 2010 to be $ 5,000.00
(Minx. $5,000 per pmnpout boat and $2,000 per land-b~ed facilib,.)
[] Please check ifa pompout fee is collected (not to exceed $5 per pumpont).
Please check if requesting costs associated with Pumpout Boat support.
1 certify by my signature to this letter that I am authorized to conduct business for the above facilihr' and that
1 have received the "New York State Clean Vessel Assistance Program Operation & Maintenance ~uidance"
(O&M Guidance) material. I understand that specific requirements must be met in order to receive available
funding and that I must maintain records through the cost year to apply for reimbursement of those costs I
also understand that by submitting this "Letter of Intent" by the above date I am given priority for funding
based upon available funding and my ability to submit a complete reimbursement package as detailed m the
O&M Guidance, but that no guarantees are given for funding. I am also providing the nmne and title of the
person who is authorized to sign the contract for funding, which will be sent September of this year.
Scott A. Russell Town Supervisor
Name of Applicant l~tle
Name of Authorized Representative: Title:
Address: Southold Town Board of Trustees
P.O. Box 1179
Southold, NY 11971
7¢lephone: 631-765-1892 Fax:631-765-6641
Date
Attn: Dave Bergen
E-mail: b~ergend@sunysuffolk.edu
MARTIN D. FINNEGAN
TOWN ATTORNEY
mar tin.finnegan@town.southold.ny.us
JENNIFER ANDALORO
ASSISTANT TOWN ATTORNEY
jenni£er.andaloro@town.sout hold.ny.us
LORI M. HULSE
ASSISTANT TOWN ATTORNEY
lori.hulse@town.southald,ny.us
SCOTT A. RUSSELL
Supervisor
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1939
Facsimile (631) 765-6639
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
To:
From:
Date:
Subject:
MEMORANDUM
Ms. Sandi Berliner
Lynne Krauza
Secretary to the Town Attorney
March 25, 2010
2010 Letter of Intent~Pump-Out Boats for TOS and FI
Please be advised that Lori has reviewed and approved the attached 2010
Letters of Intent in connection with the referenced matter. A copy of the
resolution authorizing Scott to sign these documents is also attached.
In this regard, kindly have Scott sign and date both letters where indicated
and return to me for processing.
Thank you for your attention. If you have any questions, please do not
hesitate to call me.
/Ik
Enclosures ~
cc: Ms. Elizabeth ^. Neville, Town Clerk (w/encls.)
CLEAN VESSEL ASSISTANCE PROGRAM
OPERATION & MAINTENANCE (CVAP O&M)
ANNUAL AGREEMENT
CERTIFICATION AND REQUEST FOR REIMBURSEMENT
The Applicant, by its Authorized Representative, hereby states as follows:
1. Town of Southold ((T) Southold - Pumpout Boat - 2010 O&M), the Applicant
herein, previously executed a Funding Agreement for the Clean Vessel Act Assistance Program
(the "Agreement") with ~he New York State Environmental Facilities Corporation (the
"Corporation").
2. The Applicant hereby certifies that there has been no material changes in the
information concerning the facility as set forth in the Agreement, and hereby incorporates all
terms and provisions of said Agreement herein as though the same. were set forth in full, and
such information may be relied upon by the Corporation.
3. The representations and warranties set forth in the Agreement are true and correct
as' of the date hereof, and Applicant has complied with, performed and will continue to comply
with and perform all of the covenants and promises in the Agreement. Applicant acknowledges
that the submission of this Certification constitutes a filing of a record with the State or any of its
political subdivisions or public benefit corporations. The State and the Corporation will rely on
this filing to support my CVAP O&M reimbursement.
4. No litigation of any nature is now pending or threatened, to restrain or enjoin, or
in any manner question or affect, directly or indirectly my ability or authority to carry out my
responsibilities under the Agreement or for the Applicant to receive a reimbursement.
5. The Applicant. is not the subject of any pending, threatened or existing action,
whether under any bankruptcy, reorganization or insolvency law or any other proceeding, nor
any undischarged or unpaid judgment, lien or claim, nor in default under any loan or mortgage
agreement, nor delinquent on the payment of any federal, state, or local tax, or sales or
compensating use tax, which has not been previously disclosed to the Corporation. The
Applicant further agrees to immediately notify the Corporation in writing of any change in the
above circumstances.
6. The pumpout and/or dump station thcility must be accessible to all recreational
marine vessels during normal operating hours, lfthe facility is not operational for any reason, it
will notify EFC.
7. Applicant acknowledges that reimbursement shall be paid by the Corporation in
reliance upon the representations and certifications set forth herein. Funding may be requested
for up to 75% of eligible costs, except where maximum allowances for individual cost categories
are set forth, with a maximum total grant amount of $5,000 for pumpout boats and $2,000 for all
other pumpout facilities. Reimbursement for this period will be based on documented costs
between November 1, 2009 and October 31, 2010. The Applicant acknowledges grant awards
are limited to the amount of available funding and may be less than the maximum allowed.
8. a. Applicant hereby certifies that the O&M Costs for which reimbursement is
requested herein are reasonable, necessary, and allocable to the facility funded by the
Agreement.
b. Applicant hereby certifies that funding has not been received from any Federal
sources for costs claimed under this grant. Funding received for costs claimed under this grant
from sources, other than Federal, include:
State E Local E] Other (Please Specify):.
Amount $
9. a. Applicant agrees that it will not seek, and if offered, will not accept,
reimbursement from any other municipal, state or federal sources for any expenditures
previously reimbursed, or to be reimbursed, under this Agreement.
b. The Applicant acknowledges that any expenditure which will be reimbursed
by any other municipal, state or federal sources shall not be eligible for reimbursement
under this Agreement.
c. The Applicant agrees that, if it receives funding from any other municipal, state
or federal sources for costs previously reimbursed under this Agreement, it will repay to
the Corporation all such funding to the full extent of any such reimbursement.
d. The Applicant covenants and agrees that it shall not, under any circumstances,
be entitled to receive state, federal or other governmental assistance in excess of one
hundred percent of the costs of the operation and maintenance of the facility.
10. The making of the annual reimbursement request has been duly authorized by the
Applicant, and that no change in circumstances has occurred, or will occur upon the making of
the reimbursement payment herein requested, which would constitute a default or breach of the
Agreement.
11. The operation of the pumpout station and/or facility is in compliance with State
and Federal regulations and CVAP guidelines.
12. The Applicant has obtained all licenses, permits or other approvals required as of
the date hereof to undertake the O&M, including, but not limited to, any and all New York State
Department of Environmental Conservation (DEC) approvals or permits.
13. No amounts requested hereunder have been included in any previous CVAP
O&M reimbursement requests and have all been incurred within the applicable annual grant
period.
14. The reimbursement requested does not include any costs other than costs for
maintaining and operating existing pumpout and dump stations associated with the original
Agreement.
15. The reimbursement requested does not include any costs pursuant to any
agreements or documents which have not been furnished to the Corporation.
16. If the facility is conveyed and transferred to a third party, this agreement, and the
Agreement set forth in Paragraph 1, shall be incorporated in the sales contract, and the applicant
and purchaser, with the consent of the Corporation, shall execute an assignment and assumption
agreement of the terms 'and conditions set forth in both of the aforesaid agreements.
17. Applicant acknowledges that continuation of the Program is dependent upon the
availability of CVAP funding from the United States Fish and Wildlife Service.
APPLICANT ~
By: ~
Title: Supervisor
Date:
NEW YORK STATE ENVIRONMENTAL
FACILITIES CORPORATION
Date: ~/}l:O
STATE OF NEW YORK )
) ss.:
COUNTY OF S~OA((..)
Onthis ~1+41 day offi~rt"/, 2010, before me personally came fC~4,/-e'-- ~t. ~4~ctffc/'/, to me
known, who, being by m.e duly sworn, did depose and say that ~_.~2._ is the~of the .
.~_r!_ 04> ,.~t~t~-~/~, the corporation or partnership described in and which executed the
foregoing instrument; and that ~ ~sj. gned ._~ name thereto by the authority of said
corporation or partnership. - ~r~ ~
N
MARTIN D. FINNEGAN
Notary Public State of New ¥o~
No. 01F 6056707
Qualified in Suffolk County ~ [
Commission Expires March 26,20