HomeMy WebLinkAboutNorth Fork Housing AllianceAGREEMENT
PUBLIC SERVICE: Housing Rehabilitation Program
(Name of Project)
PROJECT # 1003-14A-99
THIS AGREEMENT, made the 1st day of May 199 9,
by and between the Town of Southold , a municipal
(Name of Municipality)
corporation, having its principal office and place of business at
11971
53095 Main Road, southold ,New York,
(Address: # Street, City) (Zip)
(hereinafter referred to as the "MUNICIPALITY"), and the
North Fork Housing Alliance, Inc. , with offices at
Name of Non-Profit Organization
110 South Street, Greenport , New York/1944-1619
(Address: ~ Street, City) (Zip)
(hereinafter referred to as the "AGENCY").
W I T N E S S E T H :
WHEREAS, the Village/Town Boar'd of the
iName of Municipality)
by resolution authorized the execution of an agreement with the
AGENCY for the services of conducting Housing Rehabilitation Program
(Description of Program)
(Description of Program)
NOW, THEREFORE, it is mutually agreed by and between
AGENCY and the MUNICIPALITY as follows:
i. The Following exhibits are attached to this agreement
and made a part hereof:
Exhibit "A" Program Description and Budget
the
II. In consideration of the payment by the MUNICIPALITY to
the sum of Sixty Thousand Eight Hundred ($ 60,800.00 ) DOLLARS,
(Pro3ect Allocation Amount)
the AGENCY agrees to conduct the following programs and provide
services as follows for the
through April 30th , ~
(End Date)
period of May 1st , 1999
(Start Date)
funded under the Community
(CD PUB SERV 11/92)
Development Block Grant Program. THE AGENCY agrees to provide
services as described in Exhibit "A". The MUNICIPALITY may
approve modification of said services sueh as are appropriate to
the carrying out of the purposes of this agreement.
III.
The AGENCY shall provide the MUNICIPALITY with reports
on program activities, development and finances (audit upon
request) and statistical data and such reports as the
MUNICIPALITY, SUFFOLK County, or Federal Government shall
necessary.
deem
IV. The AGENCY a~rees to return all program income to the
MUNICIPALITY. The MUNICIPALITY shall designate the specific
activities to be undertaken with program income. All provisions
of this agreement shall
the MUNICIPALITY to the
~ubstantially disbursed
MUNICIPALITY shall request
same activities.
apply to any program income assigned by
AGENCY. All program income shall be
for agreed upon activities before the
additional cash withdrawals for the
V. Any real property under the AGENCY's control that was
acquired or improved in whole or in part with Community
Development funds in excess of $25,000 shall ~tther:
be used to meet one of the national objectives for at
least five' years after executiom of this agreement, or such
longer period of time as determined appropriate by. Suffolk
County; or
disposed o~ in a manner which results in the
MUNICIPALITY being reimbursed in the amount of the current fair
marke-t value of the property less any portion attributable to
expenditures of non-Community Development funds for acquisition
or improvement to, the property.
of,
VI. The AGENCY agrees
rules, and regulations:
to comply with the following laws,
(CD PUB SERV 11/92)
A. The requirements and standards of Federal OMB
Circular numbers A-il0 and A-133, "(Audit Requirements for Non-
Profit Organizations) and A-122 (Cost Principals for Non-Profit
for educational institutions A-110 and A-133
for Non-Profit Organizations) and A-121 (Cost
for Non-Profit Educational Institutions).
Organizations), or
(Audit Requirements
Principals
B. Title VI of the Civil Rights Act of 1964 (PL 88-352)
and all requirements imposed by or pursuant to that Title, to the
end that no person shall be, on the ground of race, color,
national origin, or sex excluded from participation in or be
denied the benefits of, or be otherwise subjected to
discrimination either in seeking service or employment with the
AGENCY. No person shall be denied either service or employment
with the AGENCY because of religious discrimination.
C. Executive Order 11246 which provides that no person
shall be discriminated against on the basis of race, color,
religion, sex or national origin in all phases of employment.
D. Title VIII of the Civil Rights Act of 1968 (PL 90-
284) known as the Fair Housing Act, which prohibits
discrimination in the sale or rental of housing, the financing of
housing, or the provision of brokerage services including making
unavailable or denying a dwelling to any person because of race,
color, religion, sex, or national origin.
E. Section 109 of the Housing and Community Development
Act of 1974 (as amended) requiring that no person be excluded
from participation or denied benefits, or be subJe¢~e~ to
discrimination on the grounds of race, color, national origin or
3
(CD PUB SERV 11/92)
F. Section 110 of the ltousing and Community Development
Act regarding labor standards for contractors or subcontractors
performing construction work, rehabilitation work, or home
improvement projects of eight or more units and Rental
Rehabilitation projects of twelve or more units.
G. Section 202(a) of the Flood Disaster Protection Act
of 1973.
H. The Uniform Relocation Assistance and Real Property
Acquisition Policiee Act of 1970 (42 USC. 4601).
I. Executive Order 11246 which prohibits discrimination
in employment and Section 3 of the Housing and Urban Development
Act of 1968 regarding the provision of employment to iow income
persons residing within the boundaries of the Consortium.
J. Section 401(b) of the Lead Base Paint Poisoning
Prevention Act.
K. 24 CFR Part 24 prohibiting t.he use of debarred,
suspended or ineligible contractors or sub-recipients.
L. 24 CFR Part 570.511 regulations prohibiting persons
receiving benefit who have a conflict of interest.
M. 24 CFR Part 570.200(J) which prescribes the use of
Community Davelopmen~ funds by religious or~anl~ationa,
CommunitY Development funds shall not be used for religious
activities or provided to primarily religious entities for
activities including secular activities. Community Development
funds shall not be used for the acquisition of property or the
construction or rehabilitation (including historic preservation
and removal of architectural barriers) of structures to be used
(CD PUB SERV 11/92)
for religious purposes or which will otherwise promote religious
interests. This limitation includes the acquisition of property
for ownership by primarily religious entites and the construction
or rehabilitation (including historic preservation and removal or
architectural barriers) of structures owned by such entities
(except as permitted with respect to rehabilitation and repairs
undertaken in connection with public services) regardless of the
use to be made of the property or structure. Property owned by
primarily religious entites shall only be acquired with Community
Development funds at no more than fair market value for a non-
religious use.
Community Development funds shall be used to
rehabilitate buildings owned by primarily religious entites to be
used for a wholly secular purpose only under the following
conditions:
1. The building (or portion thereof) that is to be
improved with the Community Development assistance has been
leased to an existing or newly established wholly secular entity
(which may be an entity established by the religious entity);
2. The Community Development assistance is provided
to the lessee (and not the lessor) to make the improvements;
3. The leased premises will be used exclusively for
secular purposes available to persons regardless of religion;
4. The lease payments do not exceed the fair market
rent of the premises as they were before the improvements are
made;
also serve a
and paid for
unless
5. The portion of the cost of any improvements that
non-leased part of the building will be allocated to
by the lessor;
6. The lessor enters into a binding ag.reement that
the lessee, or a qualified successor lessee, retains the
use of the leased premises for a wholly secular purpose
least the useful
the lessee an
improvements;
for at
life of the improvements, the lessor will pay
amount equal to the residual value of the
(CD PUB SERV 11/92)
7. The lessee must remit the amount received from
the lessor under the preceding paragraph of this section to the
MUNICIPALITY from which the Community Development funds were
derived.
eligible
services:
N. Community Development funds shall be used for
public services provided that, in the provision of such
1. The AGENCY shall not discriminate against any
employee or applicant for employment on the basis of religion and
shall not limit employment or give preference in employment to
persons on the basis ~f religion;
2. The AGENCY shall not discriminate against any
person applying for such public services on the basis of religion
and shall not limit such services or give preference to persons
on the basis of religion;
3. The AGENCY shall provide no religious
or counseling, conduct no religious worship or
in no religious proselytizing, and exert no
influence in the provision of such public
instruction
services, engage
other religious
services;
4.
public services
decorations, other
the structure.
The portion of a facility used to provide the
shall contain no religious symbols or
than those permanently affixed to or part of
VII.
authority to evaluate the
to take whatever action it
The MUNICIPALITY shall have the responsibility and the
program covered by this agreement and
deems necessary to insure the
satisfactory fulfillment of this contract. This agreement may be
terminated for default, inability or failure to perform.
If, through any cause, the AGENCY falls ~o perform
timely and proper manner its obligation herawith, the
MUNICIPALITY
giving sixty
shall have the right to terminate this agreement by
(60) days prior notice, by registered or certified
6
(CD POB SERV 11/92)
mall, to the other party, of such cancellation. Should the
MUNICIPALITY cancel in accordance with this provision herein,
Community Development Block Grant funds on hand or accounts
receivable at the time of termination shall be returned to the
MUNICIPALITY within thirty (30) days of the notice of
termination.
and
amendment, or modification
or cooperative agreement.
funds have been
VIII. Under this agreement, no Federal appropriated funds
shall be paid by or on behalf of the AGENCY, 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 loan, the entering into of any cooperative agreement,
the extension, continuation, renewal,
of any Federal contract, grant, loan,
If any funds other than Federal appropriated
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
Member of Congress in connection.with this Federal contract,
grant, loan, or cooperative agreement, the AGENCY shall complete
and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
a
IX. The AGENCY shall indemnify and hold harmless the
MUNICIPALITY and SUFFOLK COUNTY from all claims, costs, damages,
Judgement liens, or injuries co persons or property of whatsoever
kind or nature arising out of the performance required under this
agreement.
X. It is understood that this instrument represents
entire agreement of the parties hereto, and all previous
understandings are merged hereto.
the
7
(CD PUB SERV 11/92)
IN WITNESS WHEREOF, the parties hereto have executed this
agreement by their respective signatures the day and year last
writte~ below.
(Vil~ge Mayor/Town Supervisor)
Edward Reale
(Print Name)
Executive Direqtor
Title
8
(CD PUB SERV 11/92)
EXHIBIT A
PROGRAM DESCRIPTION AND BUDGET
PUBLIC SERVICE: ~Housing Rehabilitation Program
(Name of Project)
PROJECT #_ 1003-14A-99
Detailed Description of
~ro~ram Activities
Rehabilitate/Improve Private Homes
Community development funds ~ill be
used to rehabilitate private homes
of low income families
May 1, 1999 - April 30, 2000
Budget
Allocation
60,800.00
Total Budget
$ 60,800.00
SPECIFICALLY DESCRIBE ACTIVITIES OR ITEMs COMMUNITy DEVELOPMENT
FUNDS WZLL PA~ FOR.
PUB SE V 1[/92)
GREGORY F. YAKABOSKI
TOWN ATTORNEY
JEAN W. COCHRAN
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Telephone (516) 765-1889
Fax (516) 765-1823
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
Edward Reale, Executive Director
North Fork Housing Alliance
110 South Street
Greenport, New York 11971
RE: LEASE ADDENDUM
Dear Mr. Reale:
Please be advised that this document will. s~ryle Ss a lease addendum attached to and
incorporated therein, to the "Housing ~°~'rogram" contract between the
North Fork Housing Alliance (hereinafter the "Agency") and the Town of Southold
(hereinafter the "Municipality").
The Agency agrees to add the Municipality as an additional insured to its
appropriate insurance policy with a policy limit of no less than $1 million. The
Agency further agrees to keep said policy coverage with the Municipality as named
additional insured for the duration of this agreement.
EDWARD REALE
Executive Director
North Fork Housing Alliance
Town Supervisor
Town of Southold
Dated June 8, 1999 Dated