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HomeMy WebLinkAboutCommunity Development Block GrantRESOLUTION {RESNUM} ADOPTED DOC ID: 7126 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-655 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 27, 2011: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and the Suffolk County Office of Community Development, in connection with the 2011 Community Development Block Grant Program in the amount orS110,500, fully funded by the Department of Housing and Urban Development (HUD), subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Evans, Russell ABSENT: Christopher Talbot Suffolk County Contract Tracking Form Contract Type: Grant Contract Payment: Legislative Procured/Awarded: None Fund: 352-Community Development Unit: 9282-CDV BLOCK GRANT Activity 1: JNJ1-Town of Southold Activity 3: Activity 5: Activity 7: IFMS No.: Contractor Name: Town of Southold Fed Id No.: 11-6001939 Law Id: Start Date: 0010703 Resolution No: 638-2011 Grant Type: Grant Department: CDV-Community Development Object: 4980-Contracted Agencies Activity 2: Activity 4: Activity 6: Dept.ld: End Date: Total Current Encumbrance: $110,500 Dept Contact: Kisha J. Wright Phone No.: (631) 853-5705 Mailed to Vendor Fully Executed Agreement: Sent to Vendor Date: [] Vendor ~ Department [] Budget [] Fully Executed/Mailed to Vendor [] Notarize Description: CDBG Grant For Fiscal Year 2011 For Budget Office Use Only Page I of 1 ORIGINAL 9/8/2011 YVES R. MICHEL, COMMISSIONER ECONOMIC DEVELOPMENT & WORKFORCE HOUSING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE KISHA J. WRIGHT, DIRECTOR COMMUNITY DEVELOPMENT September 12, 2011 Honorable Scott A. Russell Town of Southold 53095 Main Road Southold, NY ! 1971 Dear Supervisor Russell: Enclosed are five (5) copies of the fiscal year 2011 Community Development Block Gram Agreement between the Town of Southold and Suffolk County. You should retain one copy of the agreement for your records and return the remaining four copies to the Suffolk County Community Development Office. Please note each agreement requires two signatures: (1) an agreement signature and (2) a certification signature. Please have each of the agreements signed by the appropriate person. The Agreement includes Exhibits 1 through 9. Please note that the following exhibit forms must be signed and returned to our office, along with the four executed copies of the Agreement: 1. Exhibit 3 - Union Certification Form. 2. Exhibit 5 - Certification Regarding Lobbying Form. (This form must be completed for all agreements. All agreements that are less than $50,000 should check Section II and state the exemption based on the agreement amount. For agreements in excess of $50,000, complete Sections I and III. Also make sure to sign all four certifications (Section V) and return with the agreement. Exhibit 4 - Lawful Hiring of Employees Law - does not have to be completed as it is not 100% County funded. The Office of Community Development will process this Exhibit on your behalf. Also enclosed are the Subrecipient Statement of Federal Funds Expended Form and our letter requiring the Town of Southold to follow the audit requirements issued by the Federal Office of Management and Budget (OMB). LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. I ITM FLOOR , P.O. BOX 6100 * PHONE {631) 853-5705 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 FAX (631) 853-5688 Honorable Scott A. Russell September 12, 2011 Page 2 Please note that the 2011 Agreement has changed. Special attention should be given to the following Articles: Article 1 - Description of Services Article VI - Federal Requirements Article VII - Environmental Requirements Conditional Approvals on Use of Funds Town of Southold 2011 The Office of Community Development looks forward to working with you regarding the implementation of the Town of Southold's projects. Keep in mind that Suffolk County will be monitoring and reviewing the performance and accomplishments of the Town of Southold during this 2011 funding year in order to assess the 2012 and all future CDBG allocations as a Consortium Member. Please note that we must receive the four executed copies of the Agreement prior to the utilization of the 2011 funds. To that end, we enclose a self-addressed Express Mail mailing label for your use in returning the four executed copies to our office. Should you have any questions regarding this letter, the Agreement and Exhibits, the Subrecipient Statement or audit letter requirements, please do not hesitate to contact me directly at (631) 853- 5705. Community Development Office KJW/acg Enclosures cc: Yves R. Michel, Commissioner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. 11TM FLOOR * P.O. BOX 6100 * PHONE (631) 853-$705 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 FAX (631) 853-5688 Subrecipient Statement of Federal Funds Expended (On Agency Letterhead) Date: Elizabeth Tesoriero, CPA Executive Director of Auditing Services Suffolk County Department of Audit and Control 100 Veterans Memorial Highway P.O. Box 6100 Hauppauge, N.Y. 11788 Dear Ms. Tesoriero: I am the Chief Financial Officer for (Name of Subrecipient Entity) and I certify that (Name of Subrecipient Entity) has expended federal funds in the amount of for the year ended · Included in this amount are all Federal funds passed through from the Suffolk County Office of Community Development and all Federal funds received directly from Federal agencies and other pass-through entities· Since the total amount of Federal assistance expended is less than $500,000 as detailed on the attached Schedule of Federal Funds expended, Name of Subrecipient Entity) to the audit requirements of the Single Audit Act and OMB Circular A-133. is not subject If you have any questions, I may be reached at (Phone #) Name Title CC; Kisha Wright, Director Suffolk County Office of Community Development COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE YVES R. MICHEL, COMMISSIONER ECONOMIC DEVELOPMENT & WORKFORCE HOUSING KISHA J. WRIGHT, DIRECTOR COMMUNITY DEVELOPMENT September 12, 201 ! Honorable Scott A. Russell Town of Southold 53095 Main Road Southold, NY 11971 Dear Honorable Russell: The 2011 Agreement between the Town of Southold and Suffolk County is 100 percent funded by Federal dollars under an award from the Department of Housing and Urban Development (HUD) through the Community Development Block Grant - Catalogue of Federal Domestic Assistance, Number 14-218. As indicated in the agreement, the acceptance of Federal funds requires that the Town of Southold follow the audit requirements issued by the Federal Office of Management and Budget (OMB) Circular A-133. As a subrecipient, the Town of Southold will be required to obtain an audit if it expends more than $500,000 in Federal funds during its fiscal year. All Federal funds from this award and any other grant award must be totaled to determine the requirement for an audit. In addition, the Town of Southold must submit a statement, certified by the Chief Financial Officer, stating the total amount of Federal funding expended during the fiscal year, and a copy of its audit report. If required, please send it to the following individuals: Elizabeth Tesoriero, CPA, Executive Director of Auditing Services Suffolk County Department of Audit and Control H. Lee Dennison Building - 9t~ Floor 100 Veterans Memorial Highway - P.O. Box 6100 Hauppauge, NY 11788-0099 2. Kisha J. Wright, Director Suffolk County Community Development H. Lee Dennison Building - 11t~ Floor 100 Veterans Memorial Highway- P.O. Box 6100 Hauppauge, NY 11788-0099 Community Development Office cc: Yves R. Michel, Commissioner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. 11TM FLOOR · P.O. BOX 6100 · PHONE (63I) 853-5705 100 VETERANS MEMOR1AL HIGHWAY HAUPPAUGE, NY 11788-0099 FAX (63 I) 853-5688 IFMS No. Town of Southold/Community Development Block Grant AGREEMENT This Agreement, is between the County of Suffolk (the "County"), a municipal corporation of the State of New York, acting through its duly constituted Office of Community Development, (the "Department"), located at 100 Veterans Memorial Highway, P.O. Box 6100, Hauppauge, N.Y. 11788, and the Town of Southold, (the "Contractor"), a municipal corporation under the laws of the State of New York, located at 53095 Main Road, Southold, NY 11971. The Contractor has heretofore expressed its desire to undertake or assist in undertaking essential community development and housing assistance activities as set forth in the Housing and Community Development Act of 1974, as amended (hereinafter referred to as "the Act"), as set forth in Article I entitled "Description of Services and Budget," attached.. The County has received and accepted a grant from the U.S. Department of Housing and Urban Development (hereinafter referred to as "HUD") for the purposes of the Act pursuant to Suffolk County Resolution No. 638-2011 and the parties desire to undertake various eligible activities under the Act; and the parties heretofore have entered into a cooperative Agreement for said purposes. Term of Agreement: Shall be from September l, 2011 through August 31, 2013 and shall include two (2) one - year options to renew as provided in Paragraph 5 of Article 1, "Term," unless sooner terminated as provided for herein. Total Cost of Agreement: Shall not exceed $110,500, as further set forth in this Agreement. Terms and Conditions: Shall be set forth in Articles I through VII and Exhibits 1 through 6 attached hereto and made a part hereof. In Witness Whereof, the parties hereto have executed this Contract as of the latest date written above. List of Articles Town of Southo_t/~.~.,~ /,~ By: .~t"~X/' ,ro~--,e..a--~! Sco~"A. Russell Supe~isor Fed. T~ ~ gl 1-6001939 Date: ~ O ~ ~ ~ ( Scott A. Russell, hereby certifies under penalties of perjury that I am an officer of the Town of Southold, that 1 have read and I am familiar with §A5-7 of Article V of the Suffolk County Code, and that the Town of Southold..~ all requi~ents___ to ~,u~ify for exemption thereunder. Scotb/A. Russell ' Approved as to Legality: Christine MaJafi, Suffolk County Attorney si~:a H. Hogan sistant Coun~ Attorney Page 1 of 43 COUNTY Date: Approved: Office of Corn .m~¢?~.~ Deve_lopme~nt//~ .}~s~'a J. Wright vj J Community Developmeht Director Date: ~ 'f~///' 0010703 IFMS No. Law No. Town of Sonthold/Community Development Block Grant Article I Description of Services 1. Conflicting Provisions 2. Additional Definitions 3. Project Descriptions 4. Budget 5. Term Article II Definitions 1. Meanings of Terms 2. Elements of Interpretation Article III General Terms and Conditions 1. Contractor Responsibilities a. Duties and Obligations b. Qualifications, Licenses, and Professional Standards c. Notifications d. Documentation of Professional Standards e. Credentialing f. Engineering Certificate 2. Termination a. Thirty Days Termination b. Event of Default: Termination on Notice c. Termination Notice d. Duties upon Termination 3. Indemnification and Defense 4. Insurance 5. Independent Contractor 6. Severability 7. Merger; No Oral Changes 8. Set-Off Rights 9. Non-Discrimination in Services 10. Nonsectarian Declaration i 1. Governing Law 12. No Waiver 13. Conflicts of Interest 14. Cooperation on Claims 15. Confidentiality 16. Assignment and Subcontracting 17. Changes to Contractor 18. No Intended Third Party Beneficiaries 19. Certification as to Relationships 20. Publications and Publicity 21. Copyrights and Patents a. Copyrights b. Patents 22. Arrears to County 23. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction 24. Notice Page 2 of 43 Law No. Town of Southold/Community Development Block Grant Article IV Suffolk County Legislative Requirements I. Contractor's/Vendor's Public Disclosure Statement 2. Living Wage Law 3. Use of County Resources to Interfere with Collective Bargaining Activities 4. Lawful Hiring of Employees Law 5. Gratuities 6. Prohibition Against Contracting with Corporations that Reincorporate Overseas 7. Child Sexual Abuse Reporting Policy 8. Non Responsible Bidder 9. Use of Funds in Prosecution of Civil Actions Prohibited 10. Youth Sports 11. Work Experience Participation 12. Suffolk County Local Laws Website Address Article V General Fiscal Terms and Conditions 1. General Payment Terms a. Presentation of Suffolk County Payment Voucher b. Voucher Documentation c. Payment by County d. Budget Modification e. Budget and/or Services Revisions f. Taxes g. Final Voucher 2. Subject to Appropriation of Funds 3. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures 4. Accounting Procedures 5. Audit of Financial Statements 6. Financial Statements and Audit Requirements 7. Furniture, Fixtures, Equipment, Materials, Supplies a. Pumhases, Rentals or Leases Requiring Prior Approval b. Purchase Practices/Proprietary Interest of County c. County's Right to Take Title and Possession d. Inventory Records, Controls and Reports e. Protection of Property in Contractor's Custody fi Disposition of Property in Contractor's Custody 8. Lease or Rental Agreements 9. Statement of Other Contracts 10. Miscellaneous Fiscal Terms and Conditions a. Limit of County's Obligations b. Duplicate Payment from Other Sources c. Funding Identification d. Outside Funding for Non-County Funded Activities e. Potential Revenue f. Payments Contingent upon State/Federal Funding g. Denial of Aid h. Budget i. Payment of Claims j. Payments Limited to ActuaINet Expenditures k. Travel Costs Page 3 of 43 IFMS No. IFMS No. Law No. Town of Southold/Community Development Block Grant I. Attendance at Conferences m. Salaries n. Salary Increases o. Contractor Vacancies p. No Limitation on Rights q. Comptroller's Rules and Regulations Article VI: Federal Requirements 1. Grant Administration 2. County-Contractor Relationship 3. National Objectives 4. Performance 5. Citizen Participation 6. Flood Disaster Protection 7. Equal Employment Opportunity and Affirmative Action 8. Compliance with Section 3 of the Housing and Urban Development Act 9. Minority Business and Women's Business Enterprise 10. Lead Based Paint Hazard 11. Fire Prevention and Control Act 12. Federal Labor Standards Provisions 13. Compliance with Air and Water Acts 13. Relocation Assistance and Acquisition of Real Property 15. Consolidated Plan I6. Displacement 17. Books and Records of Accounting 18. Program Income 19. Real Property 20. Reversion of Assets 21. Procurement of Equipment Services, Supplies and Materials 22. Use of Federal Funds for Lobbying 23. Political Activities 24. Funding Identification 25. Offset of Arrears or Default 26. Effective Dates 27. Force Majeure Article VII: Environmental Requirements Exhibits Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Project Description(s) Public Disclosure (Department to Indicate Exempt __ Union Certification (Department to Indicate Exempt __ Lawful Hiring Certification Regarding Lobbying Comptroller's Rules and Regulations Suffolk County Payment Voucher County of Suffolk Consultant's Expense Summary County of Suffolk Consultant's Time Summary or Non-Exempt or Non-Exempt Page 4 of 43 IFMS No. Law No. Town of Southold/Community Development Block Grant Article I Description of Services and Budget WHEREAS, the County has applied to HUD for Community Development Block Grant ("CDBG") funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended, Public Law 93-383; and WHEREAS, HUD has approved the County's application for CDBG funds; and WHEREAS, as part of its submission to HUD, the Department included the Contractor's proposal to utilize CDBG funds for the projects contemplated by this Agreement; and WHEREAS, pursuant to Suffolk County Resolution No. 638-2011, the Suffolk County Legislature approved the allocation of a portion of the County's CDBG funds to the Contractor. NOW THEREFORE, the parties hereto agree as follows: Conflicting Provisions In the event of any conflict between this Article I and any other provision to this Contract, such other provision shall prevail unless it is expressly stated that this Article I shall prevail. Additional Definitions a. Action Plan - the one-year portion of the Consolidated Plan. bo Community Development Block Grant Program or CDBG Program - federal program created under the Housing and Community Development Act of 1974 and administered by HUD. The CDBG Program provides grant funds to local and state governments to be used to develop viable urban communities by providing decent housing with a suitable living environment and expanding economic opportunities to assist low- and moderate-income. Community Development A~ency- an agency responsible for administering and distributing community development funds received annually from HUD, as well as funds from local and state government and other sources. The Department serves as a Community Development Agency for the purposes of administering and distributing CDBG funds pursuant to this Agreement. Consortium - geographically contiguous units of general local government consolidated to be in a single unit of general local government for certain HUD program purposes when certain HUD requirements are met. Consolidated Plan - the document prepared by the Department and submitted to HUD describing the housing needs of the low- and moderate-income residents, outlining strategies to meet the needs and listing all resources available to implement the strategies. L Suffolk County Consortium - a consortium comprised of seven Suffolk County towns and ten Suffolk County villages, including the Towns of Brookhaven, East Hampton, Riverhead, Shelter Page 5 of 43 Law No. IFMS No. Town of Southold/Community Development Block Grant Island, Smithtown, Southampton, and Southold and the Villages of Bellport, Lake Grove, Patchogue, Port Jefferson, The Branch, Sag Harbor, Shoreham, Southampton, Westhampton Beach, and Westhampton Dunes. Suffolk County Cooperation Agreement - the legally binding cooperation agreement executed by all members of the Suffolk County consortium, which contains all of the requirements as set forth in law, regulations, and HUD memorandums for retaining designation as a Consortium. Project Descriptions Pursuant to this Agreement, the Contractor shall utilize CDBG funds for the projects listed below and as more particularly set forth in Exhibit 1 to this Agreement: a. Consortium Home Improvement Program - Project No. 0001-14A-11- Grants and deferred loans to low and moderate income homeowners for home improvements. b. Peconic Lane Community Center - Project No. 100102-03E-11- Renovations and improvements of community center that includes painting and furnishings of building to make it serviceable to the community. c. Robert Perry Child Day Care Center - Project No. 104901-05L-11 - Child care to low/moderate income families in the Greenport area. d. Community Action Southold Town - Project No. 105701-05-11 - Cast provides emergency food, school supplies, furniture and clothing for low-income families. e. Maureen's Haven - Project No. 105801-05-11 - program works with local churches to provide emergency homeless shelter and food to area residents experiencing homelessness. f. Administration - 109901-21A-11 - Administration of the CDBG projects set forth in this Agreement. o Budget The total cost of this Agreement shall not exceed $110,500. contemplated by this Agreement are not to exceed the budgeted amounts set forth below. PROJECT a. Consortium Home Improvement Program b. Peconic Lane Community Center c. Robert Perry Child Day Care Center d. Community Action Southold Town e. Maureen's Haven PROJECT NUMBER 0001-14A-II 100102-03E-11 104901-05L-11 I05701-05-11 105801-05-11 The individual CDBG prQects BUDGET $ 61,625 $ 21,250 $ 6,375 $ 5,100 $ 5,100 Page 6 of 43 Law No. 1FMS No. Town of Southold/Community Development Block Grant f. Administration 109901-21A-I 1 Total CDBG amount: $ 11,050 $ 110,500 o Term Shall be as set forth on page 1 of this Agreement. The County shall have two (2) one-year options to renew this Agreement as follows: First Option to Renew Unless sooner terminated pursuant to the provisions herein, the first option to renew this Agreement for a one (1) year period shall automatically take effect on September 1, 2013 unless the County notifies the Contractor, in writing, by January 31, 2013, that the County is not exercising its option to renew. The County is under no obligation to renew this Agreement and may choose not to renew if, among other things, the Contractor is not in compliance with HUD rules, regulations and memorandum, including, but not limited to, the timely expenditure requirements set forth in Article VI, Paragraph 4 of this Agreement, entitled "Performance." Second Option to Renew Unless sooner terminated pursuant to the provisions herein, the second option to renew this Agreement for a one (1) year period shall automatically take effect on September 1, 2014 unless the County notifies the Contractor, in writing, by January 31, 2014 that the County is not exercising its option to renew. The County is under no obligation to renew this Agreement and may choose not to renew if, among other things, the Contractor is not in compliance with HUD rules, regulations and memorandum, including, but not limited to, the timely expenditure requirements set forth in Article VI, Paragraph 4 of this Agreement, entitled "Performance. Unexpended CDBG Funds If the County chooses not to exercise its option(s) to renew this Agreement, the Contractor shall not be entitled to the balance of any unexpended CDBG funds remaining as of the date the County notifies the Contractor of its determination not to exercise its option. Instead, the Department shall distribute such funds in its sole discretion, consistent with CDBG Program laws and regulations and state and local laws and regulations. End of Article I Page 7 of 43 IFMS No. Law No. Town of Southold/Community Development Block Grant Article II Definitions 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 all intended revenue, whether received in the form of fees, grants, County funding, or any other source, and expenditures necessary to render the Services. "Budget Deficiency Plan" means an analysis of the cost of the Services, changes in fiscal conditions, and required modifications to the Contract to continue to render the Services. "Comptroller" means the Comptroller of the County of Suffolk. "Contract" means all terms and conditions of this Contract, forming all rights and obligations of the Contractor and the County. "Contractor" means the signatory corporation, its officers, officials, employees, agents, servants, sub- contractors, and any successor or 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 Page 8 of 43 land surveying, as the case may be, under Section 7201 and Section 7203 of the State Education Law, respectively. "Event of Default" means: ao the Contractor's failure to perform any duty required of it under paragraphs l(b)-(e) of Article III of the Contract; or the Contractor's failure to maintain the amount and types of insurance with an authorized insurer as required by the Contract; or the Contractor's failure to maintain insurance required by the Contract with an insurer that has designated the New York Superintendent of Insurance as its lawful agent for service of process; or do the Contractor's failure to comply with any Federal, State or local law, rule, or regulation, and County policies or directives; or the Contractor's bankruptcy or insolvency; or the Contractor's failure to cooperate in an Audit of Financial Statements; or go the Contractor's falsification of records or reports, misuse of funds, or malfeasance or nonfeasance in financial record keeping arising out of, or in connection with, any contract with the County; or ho the Contractor's failure to submit, or failure to timely submit, documentation to obtain Federal or State funds; or the inability of the County or the Contractor to obtain Federal or State funds due to any act or omission of the Contractor; or any condition that 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. "Fund Source" means any direct or indirect sum payable to the Contractor by the County pursuant to any lawful obligation. 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, but not otherwise defined, herein, shall have the meanings assigned to them in the Contract. "Legislature" means the Legislature of the County of Suffolk. "Management Letter" means a letter certified as true by the Contractor's certified public accountant or chief financial officer of findings 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. End of Text for Article II "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 as described in Article I "Description of Services." "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, Federal, or State governments, or a Municipal Corporation, and (i) which are currently in effect or (ii) which have expired within the past twelve (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. 9 of 43 pages Article III General Terms and Conditious 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. 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. iv.) Services provided under this Contract shall be open to all residents of the County. Qualifications, Licenses, and Professional Standards i.) The Contractor 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. ii.) The Contractor shall continuously have during the Term 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. 10 of 43 pages do 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, her, 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 County, but in no event shall such notification be later than five (5) days after a license holder has lost the license required to qualify the license holder 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. 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 twenty- four (24) hours' notice. Credentialing i.) In the event that the Department or any division thereof, maintains a credentialing process to qualify the Contractor to render the Services, the Contractor shall complete the required credentialing process. In the event that any State credential, registration, certification or license, Drug Enforcement Agency registration, or Medicare or Medicaid certification is restricted, suspended, or temporarily or permanently revoked, it is the duty of the Contractor to contact the Department, or division thereof, as the case may be, in writing, no later than three (3) days after such restriction, suspension, or revocation. ii.) The Contractor shall forward to the Department, or division thereof, as the case may be, on or before July 1 of each year during the Term, a complete list of the names and addresses of all persons providing the Services, as well as their respective areas of certification, credentialing, registration, and licensing. Engineering Certificate In the event that the Contract requires any Engineering Services, the Contractor shall submit to the County, no later than the due date for submission for approval of any engineering work product, the Certificate of Authorization ("Certificate"), issued pursuant to SS 7210 of the New York Education Law, of every person performing any I1 of 43 pages Engineering Services. The failure to file, submits, or maintains the Certificate shall be grounds for rejection of any engineering work product submitted for approval. Termination a. 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 thirty (30) days' notice. Event of Default; Termination on Notice i.) ii.) The County may immediately terminate the Contract, for cause, upon such terms and conditions it deems appropriate, in the Event of Default. If the Contractor defaults under any other provision of the Contract, the County may terminate the Contract, on not less than five (5) days' notice, upon such terms and conditions it deems appropriate. b. Termination Notice Any notice providing for termination shall be delivered as provided for in paragraph 24 of this Article IIL c. Duties upon Termination i.) The 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 is released from any and all liability under the Contract, effective as of the date of the termination 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 thirty (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 III. o Indemnification and Defense The Contractor shall protect, indemnify, and hold harmless the County, its agents, servants, officials, and employees from and against all liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, suits or actions, costs, and expenses caused by the negligence or any acts or omissions of the Contractor, 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, the Contract. The Contractor hereby represents and warrants that it will not infringe upon any copyright in performing the Services. The Contractor agrees that it shall protect, indemnify, and hold harmless the County, its agents, servants, officials, and employees from and against all liabilities, fines, 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 12 of 43 pages with any claim asserted for infringement of copyright. The Contractor shall defend the County, its agents, servants, officials, and employees in any proceeding or action, including appeals, arising out of, or in connection with, the Contract, and any copyright infringement proceeding or action. At the County's option, the County may defend any such proceeding or action and require the Contractor to pay reasonable attorneys' fees of salary costs of County employees of the Department of Law for the defense of any such suit. Insurance The Contractor shall continuously maintain, during the Term of the Contract, insurance in amounts and types as follows: i.) ii.) iii.) 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. 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 ($500,000.00) per person, per accident, for bodily injury and not less than One Hundred Thousand Dollars ($I00,000.00) for property damage per occurrence. 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. The Contractor shall furnish co 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 from 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 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 not less than Two Million Dollars ($2,000,000.00) on either a per- occurrence or claims-made coverage basis. 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 authorized to do business in New York with an A.M. Best rating of A- or better. 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 true 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 to the County, prior to the execution of the Contract, a declaration page or insuring agreement 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. o eo All evidence of insurance shall provide for the County to be notified in writing thirty (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. go 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-funded coverage. Independent Contractor The Contractor is not, and shall never be, considered an employee of the County for any purpose. Notwithstanding anything contained in this Contract, the Contract shall not be construed as creating a principal-agent relationship between the County and the Contractor or the Contractor and the County, as the case may be. Severability It is expressly agreed that if any term or provision of this Contract, or the application thereof to 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 shall 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 herein merged in the Contract. No modification of the Contract shall be 13 of 43 pages valid unless in written form and executed by both parties. 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 sum 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-off pursuant 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 The Contractor shall not, on the grounds of race, creed, color, national origin, sex, 10. age, disability, sexual orientation, military status, or marital status i.) deny any individual the Services provided pursuant to the Contract; or ii.) provide the Services to an individual that is different, or provided in a different manner, from those provided to others I1. pursuant to the Contract; or iii.) subject an individual to segregation or separate treatment in any matter related to the individual's receipt of the Services provided pursuant to the Contract; or iv.) restrict an individual in any way from any advantage or privilege 12. enjoyed by others receiving the Services provided pursuant to the Contract; or v.) treat an individual differently from others in determining whether or not the individual satisfies any eligibility or other requirements or conditions which individuals must meet in order to receive the Services provided pursuant to the Contract. 14 of 43 pages The Contractor shall not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, creed, color, national origin, sex, age, disability, sexual orientation, military status, or marital status, or have the effect of substantially impairing the Contract with respect to individuals of a particular race, creed, color, national origin, sex, age, disability, sexual orientation, military status, or marital status, in determining: i.) the Services to be provided; or ii.) the class of individuals to whom, or the situations in which, the Services will be provided; or iii.) the class of individuals to be afforded an opportunity to receive the Services. Nonsectarian Declaration The Services performed under the Contract are secular in nature. No funds received pursuant to the Contract shall be used for sectarian purposes or to further the advancement of any religion. The Services will be available to all eligible individuals regardless of religious belief or affiliation. Governing Law The Contract shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to conflict of laws. Venue 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. No Waiver It shall not be construed that any failure or forbearance of the County to enforce any provision of the Contract in any particular instance or instances is a waiver of that provision. Such provision shall otherwise remain in full force and effect, notwithstanding any such failure or forbearance. 13. 14. 15. 16. Conflicts of Interest The Contractor shall not, during the Term, pursue a course of conduct which would cause a reasonable person to believe that he or she is likely to be engaged in acts that create a substantial conflict between its obligations under the Contract and its private interests. The Contractor is charged with the duty to disclose to the County the existence of any such adverse interests, whether existing or potential. This duty shall continue as long as the Term. The determination as to whether or when a conflict may potentially exist shall ultimately be made by the County Attorney after full disclosure is obtained. Cooperation on Claims The Contractor and the County shall render diligently to each other, 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 and 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 The Contractor shall not delegate its duties under the Contract, or 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, entity or thing 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. 17. 15 of 43 pages 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 Contract or assumption by any person of any duty of the Contractor under the Contract shall provide for, or otherwise be construed as, releasing the Contractor from any term or provision of the Contract. Changes to Contractor The Contractor may, from time to time, only with the County's written consent, enter into a Permitted Transfer. For purposes of the Contract, a Permitted Transfer means: i.) if the Contractor is a partnership, the withdrawal or change, whether voluntary, involuntary or by operation of law, of the partners, or transfer of partnership interests (other than the purchase of partnership interests by existing partners, by the partnership itself or the immediate family members by reason of gift, sale or devise), or the dissolution of the partnership without immediate reconstitution thereof, and ii.) if the Contractor is a closely held corporation (i.e. whose stock is not publicly held and not traded through an exchange or over the counter): the dissolution, merger, consolidation or other reorganization of the Contractor; and the sale or other transfer of twenty percent (20%) or more of the shares of the Contractor (other than to existing shareholders, the corporation do itself or the immediate family members of shareholders by reason of girl, sale or devise). If the Contractor is a not-for-profit corporation, a change of twenty percent (20%) or more of its shares or members shall be deemed a Permitted Transfer. The Contractor shall notify the County in writing, which notice (the "Transfer Notice") shall include: i.) the proposed effective date of the Permitted Transfer, which shall not be less than thirty (30) days nor more than one hundred eighty (180) days after the date of delivery of the Transfer Notice; ii.) a summary of the material terms of the proposed Permitted Transfer; iii.) the name and address of the proposed transferee; iv.) such information reasonably required by the County, which will enable the County to determine the financial responsibility, character, and reputation of the proposed transferee, nature of the proposed assignee/transferee's business and experience; 18. v.) all executed forms required pursuant to Article IV of the Contract, that are required to be submitted by the Contractor; and vi.) such other information as the County may reasonably require. The County agrees that any request for its consent to a Permitted Transfer shall be granted, provided that the transfer does not violate any provision of the Contract, and the transferee has not been convicted of a criminal offense as described under Article II of Chapter 143 of the Suffolk County Code. The County shall grant or 19. 20. 16 of 43 pages deny its consent to any request of a Permitted Transfer within twenty (20) days after delivery to the County of the Transfer Notice, in accordance with the provisions of Paragraph 24 of Article III of the Contract. If the County shall not give written notice to the Contractor denying its consent to such Permitted Transfer (and setting forth the basis for such denial in reasonable detail) within such twenty (20)-day period, then the County shall be deemed to have granted its consent to such Permitted Transfer. e. Notwithstanding the County's consent, i.) the terms and conditions of the Contract shall in no way be deemed to have been waived or modified; and ii.) such consent shall not be deemed consent to any further transfers. No Intended Third Party Beneficiaries The Contract is entered into solely for the benefit of the County and the Contractor. No third party shall be deemed a beneficiary of the Contract and no third party shall have the right to make any claim or assert any right under the Contract. Certification as to Relationships The Contractor certifies under penalties of perjury 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 with the County or its elected officials. The Contractor also certifies that there is no relationship within the third degree of consanguinity, between the Contractor, any of its partners, members, directors, or shareholders owning five (5%) percent or more of the Contractor, and the County. Publications and Publicity Any book, article, report or other publication or printed matter related to the Services provided pursuant to this Agreement shall contain the following statement in clear and legible print: 21. 22. 23. "This publication is fully or partially funded by the County of Suffolk." 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 to itself, and the Contractor hereby gives to the County, and to any other person designated by the Counly, a royalty-free, nonexclusive license to produce, reproduce, publish, translate, or otherwise use any such materials. 24. b. Patents If the Contractor makes any discovery or invention during the Term, as a result of work performed under the Contract, the Contractor may apply for and secure for itself patent protection. However, the County reserves to itself, and the Contractor hereby gives to the County, and to any other person designated by the County, a royalty-free, nonexclusive license to produce or otherwise use any item so discovered or patented. Arrears to County Contractor warrants that, except as may otherwise be authorized by agreement, it is not in arrears to the County upon any debt, contract, or any other lawful obligation, and is not in default to the County as surety. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction In the event that the 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 17 of 43 pages 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. Notice Unless otherwise expressly provided, all notices shall be in writing and shall be deemed sufficiently given if sent by regular first class mail and certified mail, or personally delivered during business hours as follows: 1.) to the Contractor at the address on page 1 of the Contract and 2.) to the County at the Department, or as to either of the foregoing, to such other address as the addressee shall have indicated by prior written notice to the addressor. All notices received by the Contractor relating to a legal claim shall be immediately sent to the Department and also to the County Attorney at H. Lee Dennison Building, 100 Veterans Memorial Highway, P.O. Box 6100, (Sixth Floor), Hauppauge, New York, 11788-0099. End of Text for Article III o Article IV Suffolk County Legislative Requirements Contractor's/Vendor'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 Comptroller 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 31st 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. o Required Form: Suffolk County Form SCEX 22; entitled "Contractor's/Vendor's Public Disclosure Statement" Living Wage Law It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Chapter 347 of the Suffolk County Code. This Contract is subject to the Living Wage Law of the County of Suffolk. The law requires that, unless specific exemptions apply, all employers (as defined) under service contracts and recipients of County financial assistance (as defined), shall provide payment of a minimum wage to employees as set forth in the Living Wage Law. Such rate shall be adjusted annually pursuant to the terms of the Suffolk County 18 of 43 pages Living Wage Law of the County of Suffolk. Under the provisions of the Living Wage Law, 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 Forms: Suffolk County Living Wage Form LW-1; entitled "Suffolk County Department of Labor Living Wage Unit Notice of Application for County Compensation (Contract)." Suffolk County Living Wage Form LW-38; entitled "Suffolk County Department of Labor - Living Wage Unit Living Wage Certification/Declaration - Subject To Audit." Use of County Resources to Interfere with Collective Bargaining Activities It shall 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 ail 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. eo 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, non-intimidation 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 cimumstances, 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-LO1; 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. 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 the United States Code Section 1324a with respect to the hiring of covered employees (as defined) and with respect to the alien and nationality status of the owners thereof. The affidavit shall be executed by an authorized representative of the covered employer or owner, as the case may be; shall be part of any executed contract, subcontract, license agreement, lease or other financial compensation agreement with the County; and shall be made avaiIable to the public upon request. All contractors and subcontractors (as defined) 19 of 43 pages 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 requirements of Title 8 of the United States Code Section 1324a with respect to the hiring of covered employees and with respect to the alien and nationality status of the owners thereof, as the case may be. The affidavit shall be executed by an authorized representative of the contractor, subcontractor, or owner, as the case may be; shall be part of any executed contract, subcontract, license agreement, lease or other financial compensation agreement between the covered employer and the County; and shall be made available to the public upon request. An updated affidavit shall be submitted by each such employer, owner, contractor and subcontractor no later than January 1 of each year for the duration of any contract and upon the renewal or amendment of the Contract, and whenever a new contractor or subcontractor is hired under the terms of the Contract. The Contractor acknowledges that such filings are a material, contractual and statutory duty and that the failure to file any such statement shall constitute a material breach of the Contract. Under the provisions of the Lawful Hiring of Employees Law, the County shall have the authority to terminate the 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 la,v, shall be required to sign such sign-in sheets/register/log books to indicate their presence on the site during such working hours. o 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. 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 1V 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. 10. 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. 20 of 43 pages The Contractor shall comply with Article IV of Chapter 577, of the Suffolk County Code, entitled "Child Sexual Abuse Reporting Policy," as now 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. 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." Use of Funds in Prosecution of Civil Actions Prohibited It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of section 590-3 of Article III 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. Youth Sports It shall be the duty of the Contractor to read, become familiar with, and comply with Article llI of Chapter 419 of the Suffolk County Code. All contract agencies that conduct youth sports programs are required to develop and maintain a written plan or policy addressing incidents of possible or actual concussion or other head injuries among sports program participants. Such plan or policy must be submitted prior to 11. 12. the award of a County contract, grant or funding. Receipt of such plan or policy by the County does not represent approval or endorsement of any such plan or policy, nor shall the County be subject to any liability in connection with any such plan or policy. Work Experience Participation If the Contractor is a not-for-profit or governmental agency or institution, each of the Contractor's locations in the County at which the Services are provided shall be a xvork site for public-assistance clients of Suffolk County pursuant to Chapter 211 of the Suffolk County Code at all times during the Term of the Contract. If no Memorandum of Understanding CMOU") with the Suffolk County Department of Labor for work experience is in effect at the beginning of the Term of the Contract, the Contractor, if it is a not-for-profit or governmental agency or institution, shall enter into such MOU as soon as possible after the 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 the Contract or exercise such other remedies as may be appropriate in the circumstances. Suffolk County Local Laws Website Address Suffolk County Local Laws, Rules and Regulations can be accessed on the Suffolk County website by following the County's Ez link to the Laws of Suffolk County. End of Text for Article IV 21 of 43 pages Article V General Fiscal Terms and Conditions General Payment Terms 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 upon execution of the Contract (for the Services already rendered and expenditures already made), or not more than thirty (30) days after the expenditures 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 all 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 certified by the Chairperson, President or other designated member of the Board of Directors of the Contractor. All Suffolk County Payment Vouchers must bear a signature as that term is defined pursuant to New York State General Construction Law {}46 by duly authorized persons, and certification of such authorization with certified 22 of 43 pages do specimen signatures 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 thirty (30) days after approval of the Suffolk County Payment Voucher by the Comptroller. Budget Modification i.) The parties shall use the Contract Budget Modification Request form ("Budget Modification") for revisions to the Budget and Services not involving an increase to the total cost of the Contract. The Contractor shall submit to the County the Budget Modification proposed revisions for either Budget or the Services. Such request must be made in advance of incurring any expenditure for which the revision is needed. ii.) When the County and the Contractor agree as to such revisions, the Contractor shall execute the Budget Modification form. The Contractor shall return it to the County for execution. iii.) Upon complete execution of the Budget Modification form, the County shall return a copy to the Contractor. The revision shall not be effective until the Budget Modification is completely executed. iv.) The Budget Modification form may be submitted only twice per calendar year and may only be submitted prior to November 15th Of that year. Budget and/or Services Revisions i.) ii.) The parties shall use the Contract Budget/Services Revision Approval Form (Budget/Services Revisions) for revisions to the Budget and Services involving any change to the total cost of the Contract due to a resolution of the Legislature, changes to the County' s adopted annual budget, or for any other mason necessitating revisions to the Budget or Services. When the County and the Contractor agree as to such revisions, the Contractor shall execute the Budget/Services Revisions form. The Contractor shall return it to the County. iii.) Upon complete execution of the form by the parties, the County shall return a copy to the Contractor. The revision shall not be effective until the Budget /Services Revisions is completely executed. Taxes The charges payable to the Contractor under the Contract are exclusive of 23 of 43 pages go federal, state, and local taxes, the County being a municipality exempt from payment of such taxes. 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 The Contract is subject to the amount of funds appropriated and any subsequent modifications thereof by the Legislature, and no liability shall be incurred by the County beyond the amount of funds appropriated by the Legislature for the Services. 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 Services, 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, am reimbursable to the County by the Contractor and the terms and conditions under which such reimbursement shall be paid. The County may, during the Term, impose a Budget Deficiency Plan. In the event that a Budget Deficiency Plan is imposed, the County shall promptly notify the Contractor in writing of the terms and conditions thereof, which shall be deemed, incorporated in and made a part of the Contract, and the Contractor shall implement those terms o and conditions in no less than fourteen (14) days. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures ao Upon request, the Contractor shall submit to the County a current copy, certified by the Contractor as true and accurate, of its i.) salary scale for all positions listed in the Budget; ii.) personnel roles 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. Co 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. Accounting Procedures 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 Department of Audit and Control and the Department. The Contractor shall permit inspection and audit of such accounts, books, records, documents and other evidence by the Department and the Suffolk County Comptroller, or their representatives, as often as, in their judgment, such inspection is deemed necessary. Such 24 of 43 pages 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. co 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 financial 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 aw 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 the Department shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transactions or other records relating to services under the Contract. 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 o overpayments from any amounts due or becoming due to the Contractor from the County under the Contract or otherwise. The provisions of this paragraph shall survive the expiration or termination of the Contract. Financial Statements Requirements and Audit ao ho 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" in which the Contractor has received, or will receive, three hundred thousand ($300,000.00) dollars 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 may solicit requests for proposals from a number of qualified accounting firms and review carefully the costs of, and qualifications for, this type of work before selecting the Auditor. The Auditor should be required to meet the following minimum requirements: i.) a current license issued by the New York State Education Department; ii.) sufficient auditing experience in the not- for-profit, governmental or profit-making areas, as applicable; and iii.) a satisfactory peer review issued within not 25 of 43 pages Co more than three (3) years prior to the date when the Auditor was selected to conduct the audit. The audit must be conducted in accordance with generally accepted governmental auditing standards. 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. In the event the Contractor is a not-for- profit organization or unit of local government and expends five hundred thousand ($500,000.00) dollars or more of Federal monies, whether as a recipient expending awards received directly from Federal awarding agencies, or as a subrecipient expending Federal awards received from a pass- through entity, such as New York State or Suffolk County, during any fiscal 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 Reports 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 financial officer, which states the amount of Federal funding expended by the Contractor during such fiscal year. The Contractor must mail or deliver the certified statement to the Department and to 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 from the Federal government and all Federal funds passed through from the County and other pass-through entities. Copies of all financial statements, Management Letters, Single Audit Reports and other audit reports must be transmitted to the County and to the Executive Director of Auditing Services at the address set forth above. The reports must be submitted within thirty (30) days after completion of the audit, but in no event later than nine (9) months after the end of the Contractor's fiscal year, to which the audit relates. These requirements do not preclude the County, the Comptroller, or their authorized representatives, or Federal or State auditors from 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 provisions of this paragraph shall survive the expiration or termination of the Contract. Furniture, Fixtures, Equipment, Materials, Supplies Purchases, Rentals or Leases Requiring Prior Approval Prior to placing any order to purchase, rent or lease any furniture, fixtures, or equipment valued in excess of one thousand dollars ($1,000.00) per unit for which the Contractor will seek reimbursement from the County, the Contractor shall submit to the County a written request for approval to make such a proposed purchase, rental or lease, with a list showing the quantity and description of each item, its intended location and use, estimated unit price or cost, and estimated total cost of the proposed order. Written approval of 26 of 43 pages the County shall be required before the Contractor may proceed with such proposed purchase, rental or lease of furniture, fixtures or equipment. All items purchased must be new or like new unless specifically described otherwise in the Budget. Purchase Practices/Proprietary Interest of County i.) The Contractor shall follow the general practices that are designed to obtain furniture, fixtures, equipment, materials, or supplies at the most reasonable price or cost possible. ii.) The County reserves the right to purchase or obtain furniture, fixtures, equipment, materials, or supplies for the Contractor in accordance with the programmatic needs of the Contract. If the County exercises this right, the amount budgeted for the items so purchased or obtained by the County for the Contractor shall not be available to the Contractor for any purpose whatsoever. Title to any such items purchased or otherwise obtained by the County for the programs encompassed by the Contract and entrusted to the Contractor, shall remain in the County. iii.) The County shall retain a proprietary interest in all furniture, removable fixtures, equipment, materials, and supplies purchased or obtained by the Contractor and paid for or reimbursed to the Contractor pursuant to the terms of the Contract or any prior agreement between the parties. iv.) The Contractor shall attach labels indicating the County's do proprietary interest or title in all such property. County's Right to Take Title and Possession Upon the termination or expiration of the Contract or any renewal thereof, the discontinuance of the business of the Contractor, the failure of the Contractor to comply with the terms of the Contract, the bankruptcy of the Contractor, an assignment for the benefit of its creditors, or the failure of the Contractor to satisfy any judgment against it within thirty (30) days of filing of the judgment, the County shall have the right to take title to and possession of all furniture, removable fixtures, equipment, materials, and supplies and the same shall thereupon become the property of the County without any claim for reimbursement on the part of the Contractor. Inventory Records, Coutrols and Reports The Contractor shall maintain proper and accurate inventory records and controls for all such furniture, removable fixtures and equipment acquired pursuant to the Contract and all prior agreements between the parties, if any. Three (3) months before the expiration date of the Contract, the Contractor shall make a physical count of all items of furniture, removable fixtures and equipment in its custody, checking each item against the aforesaid inventory records. A report setting forth the results of such physical count shall be prepared by the Contractor on a form or forms designated by the County, certified and signed by an authorized official of the Contractor, and one (1) copy thereof shall be delivered to the County within five (5) days after the date set for the aforesaid physical count. Within five (5) days after the termination or expiration date of the Contract, the Contractor shall submit to the Count)' six (6) copies of the same 27 of 43 pages report updated to such date of the Contract, certified and signed by an authorized official of the Contractor, based on a physical count of all items of furniture, removable fixtures and equipment on the aforesaid expiration date, and revised, if necessary, to include any inventory changes during the last three (3) months of the Term. Protection of Property in Contractor's Custody The Contractor shall maintain vigilance and take all reasonable precautions to protect the furniture, fixtures, equipment, material or supplies in its custody against damage or loss by fire, burglary, theft, disappearance, vandalism, or misuse. In the event of burglary, theft, vandalism, or disappearance of any item of furniture, fixtures, equipment, material or supplies, the Contractor shall immediately notify the police and make a record thereof, including a record of the results of any investigation which may be made thereon. In the event of loss of or damage to any item of furniture, fixtures, equipment, materials, or supplies from any cause, the Contractor shall immediately send the County a detailed written report thereon. Disposition of Property in Contractor's Custody Upon termination of the County's funding of any of the Services covered by the Contract, or at any other time that the County may direct, the Contractor shall make access available and render all necessary assistance for physical removal by the County or its designee of any or all furniture, removable fixtures, equipment, materials or supplies in the Contractor's custody in which the County has a proprietary interest, in the same condition as such property was received by the Contractor, reasonable wear and tear excepted. Any disposition, settlements or adjustments connected with such property shall be in go 10. accordance with the rules and regulations of the County and the State of New York. Lease or Rental Agreements If lease payments or rental costs are included in the Budget as an item of expense reimbursable by the County, the Contractor shall promptly submit to the County, upon request, any lease or rental agreement. If during the Term, the Contractor shall enter into a lease or rental agreement, or shall renew a lease or rental agreement, the Contractor shall, prior to the execution thereof, submit such lease or rental agreement, to the County for approval. 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 a. 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. b. 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. 28 of 43 pages Outside Funding for Non-County Funded Activities Notwithstanding the foregoing provisions of the Contract, it is the intent of the County that the terms and conditions of the Contract shall not limit the Contractor from applying for and accepting outside grant awards or from providing additional educational activities/services which may result in the Contractor incurring additional costs, as long as the following conditions are met: i.) ii.) iii.) iv.) The County is not the Fund Source for the additional services; Sufficient funding is available for or can be generated by the Contractor to cover the cost incurred by the Contractor to provide these additional services; If sufficient funding is not available or cannot be generated, the County shall not be held liable for any of the additional costs incurred by the Contractor in furnishing such additional services; and Prior to scheduling any such additional services on County- owned property, the Contractor shall obtain written County approval. The Contractor shall, to the County's satisfaction, submit any documentation requested by the Department reflecting the change, and identify the additional services to be provided and the source of funding that shall be utilized to cover the expenditures incurred by the Contractor in undertaking the additional services. Potential Revenue The Contractor shall actively seek and take reasonable steps to secure all potential funding from grants and contracts with other agencies for programs funded by the County. Payments Contingent upon State/Federal Funding Payments under the Contract may be subject to and contingent upon continued funding by State and/or Federal agencies. In the event payments are subject to such funding no payment shall be made until the Contractor submits documentation in the manner and form as shall be required by State and/or Federal agency. If late submission of claims precludes the County from claiming State or Federal reimbursement, such late claims by the Contractor shall not be paid by the County subject to subparagraph g. below, if, for any reason, the full amount of such funding is not made available 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 the County, 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. Denial of Aid If a State or Federal government agency is funding the Contract and fails to approve aid 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 from 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 amounts. In such an event, if there should be a 29 of 43 pages ho 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, payable to the Suffolk County Treasurer. The provisions of this subparagraph shall survive the expiration or termination of the Contract. Budget The Contractor expressly represents and agrees that the Budget lists all revenue, expenditures, personnel, personnel costs and/or all other relevant costs necessary to provide the Services. Payment of Claims Upon receipt of a Suffolk County Payment Voucher, the County, at its discretion, may pay the Contractor during the Term, in advance, an amount not to exceed one sixth (1/6) of the maximum amount 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 iff 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 actual Contractor expenditures made for such purposes. The total amount to be paid by the County shall not exceed the lesser of (i) 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 is 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. Travel Costs Reimbursement to the Centractor for travel costs shall not exceed amounts allowed to County employees. Attendance at Conferences All conferences that are partially or fully funded by the Count~ that the Contractor's staff wishes to attend must be pre-approved, in writing, by the County and must he in compliance with Suffolk County Standard Operating Procedure A-07 and Executive Order No. 4-2004. Salaries The Contractor shall not be eligible to receive any salary reimbursement until proof of deposit or payment of all withholding and payroll taxes to the Federal/State governments has been provided to the County. Salary Increases No salary, wage, or other compensation for the Services shall be increased over the amount stated in the Budget without the prior written approval of the County. Oo Contractor Vacancies The County shall have the right of prior approval of the Contractor's filling of any vacant position as of the date of execution of the Contract or as may thereafter become vacant, and, in the exercise of that right, the County may promulgate reasonable regulations involving filling of vacancies which shall be deemed to be incorporated by reference in, and be made part of, the Contract. No Limitation On Rights Notwithstanding anything in this Article V to the contrary, the County shall have available to it all rights and remedies under the Contract and at law and equity. Comptroller's Rules and Regulations The Contractor shall comply with the "Comptroller's Rules and Regulations for Consultant's Agreements" as promulgated by the County Department of Audit and Control and any amendments thereto during the Term. The County shall provide the Contractor with a copy of any amendments to the "Comptroller's Rules and Regulations for Consultant Agreements" during the Term. End of Article V 30 of 43 pages Article VI Federal Requirements 1. Grant Administration a. Authorization Notwithstanding any other provision of this Agreement, the Contractor must submit evidence and the County must certify, prior to any commitment of funds under this Agreement, that all grant responsibilities have been met and are in accordance with applicable regulations. Upon such certification, the County will give notice authorizing the Contractor to begin CDBG projects set forth in Article I of this Agreement. b. Supervision It is agreed that the nature and extent of the CDBG projects undertaken pursuant to this Agreement shall be subject to the general supervision of the County. The County as applicant is primarily responsible for overseeing the CDBG 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. 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 CDBG projects carried out under this Agreement meet the National Objectives as defined in 24 CFR 570.208. 4. Performance The Contractor agrees to begin work on its CDBG projects set forth in Article I of this Agreement within a reasonable time after the effective date of this Agreement and meet timely expenditure requirements. The Contractor will be considered to meet timely requirements if by January 15th of each year its total balance of unexpended funds from all program years does not exceed 1.5 times the Contractor's last annual CDBG allocation. b. Timely Expenditure Required It is critical that the Contractor commence work on the CDBG projects in a timely fashion. Failure to commence work and meet timely expenditure requirements may result among other things, in a reduction of the Contractor's CDBG funding and/or the County electing not to exercise its option to renew this Agreement. More specifically: 1) If the Contractor has unexpended balances from previous years' funding, which are from four (4) or more years prior to the current program year; or 31 of 43 pages 2) If the Contractor has a past history of not meeting timely expenditure requirements; or 3) If the Contractor, by January 15th of each year has a total balance of unexpended funds from all program years, which exceed 1.5 times the Contractor's last annual CDBG allocation, then the County may, among other things, and either singularly or in combination: a) Chose not to exercise its option(s) to renew this Agreement; b) Require the Contractor to submit information to the County regarding the reasons for lack of performance and actions being taken to remove the causes for delay; c) Require the Contractor to demonstrate to the County that the Contractor has the capacity to carry out CDBG projects and meet CDBG timely expenditure requirements; ti) Require the Contractor to submit to the County progress schedules for completing CDBG projects in compliance with CDBG timely expenditure requirements; ¢) 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; 0 Require the Contractor to suspend, discontinue or not incur costs for CDBG projects; g) Condition or reduce the Contractor's allocation of CDBG funds in the succeeding year; and h) Reduce the Contractor's allocation of CDBG funds in the current year by one-hundred percent (100%) of the total balance of unexpended funds, from all program years, which exceed 1.5 times the Contractor's last annual CDBG allocation. 5. Citizen Participation The Contractor agrees to provide citizens with adequate information concerning the amount of funds available for proposed CDBG 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 federal Housing and Community Development Program. Pursuant to this requirement, each Contractor shall hold at least one public hearing during the annual application preparation period, prior to the submission to HUD. The County shall also hold at least one pre-submission public hearing. 6. Flood Disaster Protection This Agreement is subject to Section 202(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4106) which provides that no Federal officer or agency shall approve any financial assistance for acquisition or construction purposes (as defined under Section 3(a) of said Act (42 U.S.C. 400(a)), one year after a community has been formally notified of its identification as a community containing an area of special flood hazard, for use in any area that has been identified by the Director of the Federal Emergency Management Agency as an area having special flood hazards unless the community in which such area is situated is then participating in the National Insurance Program. Notwithstanding the date of HUD approval of the County's annual action plan, funds provided under this part shall not be expended for acquisition or construction purposes in an area that has been identified by the Federal Emergency Management Agency ("FEMA") as having special flood hazards unless the community in which the area is situated is participating in the National Flood Insurance Program in accordance with 44 CFR Parts 59-79, or less than a year has passed since FEMA notification to the community regarding 32 of 43 pages 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 acquired, cleared or improved with assistance provided under this Agreement shall contain, if such land is located in an area identified by the Federal Government as having special flood hazards and in which the sale of flood insurance has been made available under the Flood Insurance Act of 1968, as amended, 42 USC 4001, et. seq., provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of the Flood Disaster 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 Equal Opportunity: In carrying out the CDBG projects, 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 CDBG 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; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall post in conspicuous places, available to employees and applicants to employment, notices to be provided by the Federal Government setting forth the provisions of this non-discrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, age, creed, ancestry, disability or other handicap, marital/familial status, military status, or national origin. The Contractor shall incorporate the foregoing requirements of this Subparagraph an in all of its contracts for program work, except contracts governed by Subparagraph b of this Paragraph, and will require all of its contractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor shall have its own Affirmative Action Plan which meets Federal requirements on file with the County Community Development Office and approved by HUD or be bound by a Consortium-wide Affirmative Action Plan developed 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 Affirmative Action Officer. Separate community development agencies, will be required to develop and implement their own Affirmative Action Plan, unless such a plan has already been developed and approved by HUD. Individual agency plans must be submitted to HUD for its review and approval. If the Plan is not 33 of 43 pages 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. Contracts Subject to Executive Order 11246, as amended, shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130 applicable to HUD-assisted construction contracts. The Contractor shall cause or require to be inserted in full in any non-exempt contract and subcontract for construction work, or modification thereof, as defined in said regulations, which is paid for in whole or part with assistance provided under this Agreement, the following equal opportunity clause: "During the performance of this Agreement, 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/familial status or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during employment, free from such discrimination. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer 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 applicants 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 of 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 Government and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 34 of 43 pages do 6) 7) In the event of the Contractor's non-compliance with the non-discrimination clauses of this contract or ~vith any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or Federally assisted construction contract procedures authorized in Executive Order 11246 or September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 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 further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it partic!p.ates, in .Federally-assisted construction work; provided, however, that if the Contractor so part~c~paung ~s 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 contractors and subcontractors with the equal opportunity clause and the rules, regulation, and relevant orders of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such information as they may require for the supervision of such compliance and that it will otherwise assist the Federal Govemment in the discharge of its primary responsibility for securing compliance. The Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally-assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause by any Government Contractor in accordance with procedures established by the Secretary of Labor pursuant to Part II, Subpart D, of the Executive Order. In addition, the Contractor agrees that if it fails or refuses to comply with these undertakings, the Federal Government may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant or loan guarantees; refrain from extending any further assistance to the Contractor under the program with respect to 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. 35 of 43 pages 8. Compliance with 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 CDBG 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 Suffolk County Consortium and that, also to the extent feasible and consistent with state and federal laws, contracts for work on CDBG projects be awarded to eligible business concerns which are located in or owned in substantial part by persons residing within the boundaries of the Suffolk County 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. 9. Minority Business and Women's Business Enterprise The Contractor must comply with Executive Orders 11625 and 12432 and, to the extent permissible by law, make good faith efforts to encourage the use of minority and women's business enterprise in connection with CDBG funded activities. The Contractor, to extent permissible by law, shall ensure the inclusion of minorities and women, and entities owned by minorities and women, including, without limitation, real estate firms, construction firms, appraisal firms, management firms, financial institutions, investment banking firms, underwriters, accountants, and providers of legal services, in all contracts entered into with such persons or entities, public and private, in order to facilitate the activities of the CDBG programs. 10. Lead Based Paint Hazards The construction or rehabilitation of residential structures with assistance provided under this Agreement is subject to the requirements of 24 CFR Part 35, subparts A, B and R and subparts C through M, as may be amended, 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, and certified safe construction work places, certified clearances and record keeping. 11. 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. I02-522), as may be amended. The Contractor shall be required to comply with applicable fire protection and safety standards. 36 of 43 pages 12. 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.), as may be amended, 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.), as it may be amended and the implementing regulations of the U.S. Department of Labor at 29 CFR Part 5, as may be amended. The Contractor shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Department for review upon request. The Contractor agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements 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, as may be amended, 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. 13. Compliance With Air and Water Acts: This Agreement is subject to the requirements of the Clean Air Act, asamended, 42USC 1857, et. seq.; the Federal Water Pollution Control Act, as amended, 33 USC 1251, et. seq.; and the regulations of the Environmental Protection Agency ("EPA") with respect thereto, at 40 CFR 15, as may be amended from time to time. In compliance with said regulations, the Contractor shall cause or require to be inserted in full in all contracts and subcontracts with respect to any non-exempt transaction thereunder funded with assistance provided under this Agreement, the following requirements: a. A stipulation by the contractor or subcontractors that any facility to be utilized in the performance of any non-exempt contract or subcontract is not listed on the List of Violating Facilities issued by the EPA pursuant to 40 CFR 15.20. b. Agreements by the Contractor to comply with all their requirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended (33 USC 1318), relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. c. A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 37 of 43 pages Agreement by the Contractor that he will include or cause to be included the criteria and requirements in subparagraphs a through d of this Paragraph in every non-exempt subcontract and requiring that the Contractor will take such action as the Federal Government may direct as a means of enforcing such provisions. In no event shall any amount of the assistance provided under this Agreement be utilized with respect to a facility which has given rise to a conviction under Section 113(c)(1) of the Clean Air Act or Section 209(c) of the Federal Water Pollution Control Act, as may be amended. 14. Relocation Assistance and Acquisition of Real Property The Contractor shall provide fair and reasonable relocation payments and assistance in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended and the government-wide URA regulations at 49 CFR Part 24, to or for families, individuals, partnerships, corporation, or associations displaced as a result of any acquisition of real property for an activity assisted under the program. The Contractor shall inform potential displaced persons of the benefits, policies and procedures provided for under HUD regulations. The Contractor shall 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 soume of income. In acquiring real property, the Contractor should be guided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended and the government-wide URA regulations at 49 CFR Part 24. 15. Consolidated Plan The Contractor, as party to the Community Development Program, and as a participant in the Suffolk County Consortium, acknowledges that it is contractually and otherwise legally bound per prior resolution of its governing body to use its best efforts to ensure the carrying out of the goals of the Consolidated Plan approved by HUD. The Contractor shall also be contractually and legally bound to use its best efforts to ensure the carrying out of the Consolidated Plan which is currently in effect. 16. Displacement This Agreement is subject to laws and regulations which require the implementation of a policy to minimize the displacement of persons from their homes and neighborhoods and to mitigate adverse effects of such displacement on low and moderate income persons. In accordance, the Contractor shall follow the Suffolk County Community Development Consortium Policy and Procedures, as may be amended from time to time, on Displacement when implementing CDBG projects. 38 of 43 pages 17. 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 CDBG projects 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: a. Project Description Forms b. Environmental Survey c. Demographic Survey d. Budget Modifications e. HUD/EEO-4 Employment Data Form f. Minority Business Enterprise Report g. Other data as may be required by HUD 18. Program Income The County shall assign program income generated by the Contractor for the purpose of carrying out eligible CDBG 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 CDBG funds received by the Contractor and to substantially disburse assigned program income for eligible Community Development Activities before additional cash withdrawals are made by the County from the U.S. Treasury for the same activity. The County will require at the end of the program year, the remittance by the Contractor 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). If a Contractor withdraws from the Suffolk County Consortium prior to the expiration of the Cooperation Agreement between the Contractor and the County, all program income received and not expended in accordance with this Agreement shall be due and payable to the County and the County may terminate this Agreement as set forth in Paragraph 2, Article 3, entitled "Termination." 19. 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 from that planned at the time of acquisition or improvement including disposition; 39 of 43 pages 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 Co 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. 20. Reversion of Assets Any real property under the Contractor's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 shall be either: Used to meet one of the national objectives in 24 CFR Part 570 until five (5) years after expiration of this Agreement or termination of the Cooperation Agreement, or such longer period of time as determined appropriate by the County; or 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-CDBG funds for acquisition of, or improvement to, the property. 21. 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," as may be amended. 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. 22. Use of Federal Funds for Lobbying No Federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative Contract, the Contractor shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 40 of 43 pages 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. 23. Political Activities The Contractor shall be governed by the provisions of the Hatch Act (5 USC 1501, et. seq.), as may be amended, regarding employees' political participation. 24. 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. 25. 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 from amounts payable to the Contractor under this Agreement. 26. 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 similar causes beyond its control ("force majeure conditions"). If any force majeure condition occurs, the party delayed or unable to perform shall give immediate notice to thc other party. End of Article VI 41 of 43 pages Article VII ENVIRONMENTAL REQUIREMENTS CONDITIONAL APPROVALS ON USE OF FUNDS TOWN OF SOUTHOLD 2011 Environmental Review Process a. Prior to obtaining a release of funds from HUD ("Release of Funds") for the Contractor's CDBG projects as set forth in Paragraph 3, Article I of this Agreement, entitled "Project Descriptions," the Department must conduct an environmental review as set-forth in Part 58 of Title 24 of the Code of Federal Regulations, as may be amended, for each of the CDBG projects contemplated by this Agreement. b. In order for the Department to conduct this environmental review, the Contractor must: 1) Provide the Department with all available project and environmental information on each CDBG project contemplated by this Agreement; 2) Assist the Department in preparing an Environmental Assessment ("EA") to submit to HUD; 3) Assist the Department in preparing an Environmental Impact Statement ("EIS") to submit to HUD; and 4) Refrain from undertaking any physical activities or choice limiting actions until HUD (or the State, if applicable) has approved the release of funds for the CDBG projects. Exempt or Categorically Excluded Projects 1) The Department may determine that some or all of the activities related to the CDBG projects contemplated by this Agreement are exempt pursuant to 24 CFR 58.34. In such an instance, the County wilt advise the Contractor, in writing, that it may commit funds for these activities as soon as programmatic authorization is received. 2) The Department may also determine that that some or all of the activities related to the CDBG projects contemplated by this Agreement are categorically excluded pursuant to 24 CFR 58.35, and therefore no EA or EIS will be required. In such an instance, the Department will advise the Contractor, in writing, of its determination, in order that the Contractor may commit funds for these activities. d. Before any CDBG funds may be obligated or utilized, the Contractor must receive: 1) A written determination of exemption from the Department; or 2) A written determination that the CDBG project is categorically excluded; or 3) A HUD Release of Funds and a certification from the Department. End of Article VII 42 of 43 pages Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibits Project Description(s) Public Disclosure Union Certification Lawful Hiring (Department to Indicate Exempt (Department to Indicate Exempt __ Certification Regarding Lobbying Comptroller's Rules and Regulations Suffolk County Payment Voucher County of Suffolk Consultant's Expense Summary County of Suffolk Consultant's Time Summary X or Non-Exempt__) or Non-Exempt X ) 43 of 43 pages EXHIBIT 1 Project Name: CONSORTIUM HOME IMPROVEMENT PROGRAM Description: I IDIS Project #: 0001-14A-11 IUOG Code: lNY369103 SUFFOLK COUNTY GRANTS AND DEFERRED LOANS TO [OW AND MODERATE INCOME HOMEOWNERS FOR HOME IMPROVEMENTS. TOWN OFBROOKHAVEN: $673~575, TOWN OFRIVERHEAD: $53,743, TOWN OF SMITHTOWN: 83,000, TOWN OF SOUTHAMPTON: $28,308, TOWN OF SOUTHOLD: 61,625 AND VILLAGE OF LAKE GROVE: 44,200. LMH Location: :, i ~ *:~¥ ~,~ PrlorityNeed~,Cate~Ory: :~,~!~ CONSORTIUM-WIDE ~; .................................... ~ Select one: ,,¥ner Occupied Housing Explanation: Expected Completion Date: 3/31/2015 - Objective Category ~) Decent Housing (~ Suitable Living Environment [] Availability/Accessibility [] [] Afro rdability 2 [] Sustainability 3 L~ Proposed 35 Accompl, Type: ~ Proposed is ! 0 Housir~ Units L~ ~ underway Underway ~ ~ Corn ~Jete Complete I~ '~m Acc0mpL Type~ J~ Proposed AccompL Type: j~ Proposed ~. Underway Underway E Complete Complete ~ Accompl. Type: ~ Proposed ~ccompl. Type: ~ Proposed ~ Underway Jnderway Complete Complete Proposed Outcome Performance Measure Actual Outcome NUMBFR OF UN1TS UNITS BROUGHT FROM SUB- REHABILITATED STANDARD TO STANDARD ~ CDBG [] Proposed Amt. 944,45:!. Fund_Source: [] Proposed Amt. ~. Fund Source: [] Proposed Amt. Fund Source: [] Proposed Amt. E Accompl, Type: ~_~ Proposed Units .~ A¢¢0mpl, Type: L.Z_J Units 01 Actual Units Actual Units ~ A¢CO~pL Type: [] Proposed Units Accompl. Type: Gl Proposed Units Actual Units Actual Units EXHIBIT 1 Project Name: 1001-PECONIC LANE COMMUNITY CENTER Description: 50 IDI$ Project #:1100102-03E-11 IUOG Code: INY369103 SUFFOLK COUNTY TOWN OF SOUTHOLD: RENOVATIONS AND IMPROVEMENTS OF COMMUNITY CENTER THAT INCLUDES PAINTING AND FURNISHINGS OF BUILDING TO MAKE IT SERVICEABLE TO THE COMMUNITY. LMA Location: ~; ~ ~;'~' '~, ~riorit~ Need Category ~ ~ CT 1700.02 BG 1, CT 1702.01 BG 4 Select one: F~ities Explanation: Expected Completion Date: 3/3[/20~5 - Obje~ive Cat~o~ ~ De~nt Housing ~ Suitable Living Environm~t O E~nomicOp~un~ Outcome Categories [ ]m~ovequaEy~reasequan~i~yo~ne[g~or~d~ocilitie~tow-~comeper~ ~ Availa bil ~/~ces~ bil ~Y ~ AffordabJli~ 2 : ~ Sustainability 3 . P~c';'~ies ~ Proposed 1 ~compl. Type: ~ Proposed ~ Under~y Underway Complete Complete ~ ~ ~(o~,Type: ~ Proposed ~c~ompi, ¢¢;e; ~ Proposed ~E Complete Complete Proposed ~ ~co~, T~e', ~ Proposed Acco~l, Type: U Underway Under~y Complete Complete Proposed Outcome Pe~ormance Measu~ Actual Outcome NUHBER OF PUBLIC NEW ACCESS TO A PUBIC =AC[~IES FACI~Y ;;~,ix Codes ~ "a~,~ Codes ~ CDBG ~ Proposed Amt. 2~r250 Fund Source: ~ Proposed ~ Actual Amount I Actual Amount ~ Fun,JSour(e: t~lPr°PosedAmt' ' iFundSou~(e: j~ Proposed Amt. Actual Amount Actual Amount ~ Acco~,l, Type: ~ Proposed Units AccompL Tgpe: ~ Proposed Units ~ Actual Units Rctual Units ~ Acco~,l, Type: ~ Proposed Units AccompL Type: ~ Proposed Units Actual Units Rctual Units EXHIBIT 1 Project Name: 1049-ROBERT PERRY CHILD DAY CARE CENTER Description: 5:1 IDIS Project #:]104901-05L-11 ]UOG Code: INY369103 SUFFOLK COUNTY TOWN OF SOUTHOLD: CHILD CARE TO LOW/MODERATE INCOME FAMILIES IN THE GREENPPORT AREA. LMC Location: THIRD STREW, GREENPORT, NY 11944 Select one: Explanation: Expected Completion Date= 3/31/2013 - Objective Category C) Decent Housing (~ Suitab[e Living Environment C~ Eco nomic opportunity outcome categories [] Availabi[ity/~ccessi bility [] Afro rdabi[ity 2 i%__will [] 5ustainabi[ity 3 ia O~ Households ~ Proposed 25 A¢¢oml:,l, Type; ~ Proposed M Underway Underway Complete Complete i ~ Accompt, Type: Z Proposed ACCO~¢", ?ype: Z Proposed ~ Underway Underway l = Complete Complete uUO Accompl, Type: E prop°sed Accornpl, Type: ~'~ Proposed ~ Underway Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome NUMBER OF HOUSEHOLDS NEW AND TMPROVED ACCESS ASSISTED TO A SERVICE I~"'~ Proposed Amt. 6,375 Fund$ource: ~ Proposed Amt. COBG u Actual Amount Actual Amount ~ Fund ~0urce:I~J Proposed Amt. Furid$ource: I~.~., Proposed Amt. Actual Amount Actual Amount E c-- .~ A¢¢0r~,p. Type: ~ Proposed Units A¢¢ompl. Type: ~_ Proposed Units OI Actual Units Actual Units Proposed U.its Proposed Units ~ . Actual Units Actual Units EXHIBIT 1 Project Name: 10S7-COMMUNITY ACTION SOUTHOLD TOWN Description: 52 lOiS Project #: 105701-05-11 ]UOG Code: 1NY369103 SUFFOLK COUNTY TOWN OF SOUTHOLD: CAST PROVIDES EMERGENCY FOOD, SCHOOL SUPPLIES, FURNITURE AND CLOTHING FOR LOW-INCOME FAMILIES. LMC Location: ~ ~ ~: : , : PriOrit- Needy Cate 311 FRONT STREET, F GREENPORT, NY 11944 Select one: IPub~cSe~vices Explanation: Expected Completion Date: 3/31/2013 - Objective Category (~ Decent Housing (~ Suitable Living Environment O Econo mic Opportunity ~ ' - Outcome Categories 1 Irn~:~oYethe~ervKie~ forlowJn'~odir~comepersons [] Availa bility/Accessi bilit¥ r-] Afro rdability 2 [] Sustainability 3 L.~ . C~,*~;~]; ~__ Proposed 100 AccompL Type: IZ_ "r°P°aed ~' Underway Underway ~ ~ Complete Complete ~J ~ AccomoI, Type: ~ Proposed Acconml. Type: ~ Proposed . Underway Underway .E complete complete uOu AccofrLol, Type: ~ Proposed Accorr~l, Type'. ~__ Proposed ~ Underway Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome NUMBER OF PEOPLE 4EW AND IMPROVED ACCESS ~SS[STED TO A SERVICE Matrb< ¢o~e~ L~[ Met,ix Codes ~-~'l Proposed Amt. 5~100 Fund$0urce: ~ Proposed Amt. CDBG ~ Actual Amount Actual Amount F r,O G-I Proposed Amt. Sou e: Proposed Amt. Actual Amount Actual Amount .~ ,:~o~pl. ~ype: ~eropo~ed U~it, ~o~pm. Typ~: ~ Propo,~d U,it, ~ Actual Units Actual Units Actua I Units Actua I U nits EXHIBIT 1 Project Name: 1058-MAUREEN'S HAVEN Description: 53 IDIS Project #:It0sS01-0S-~i IUOG Code: INY369103 SUFFOLK COUNTY FOWN OF SOUTHOLD: PROGRAM WORKS WITH LOCAL CHURCHES TO PROVIDE EMERGENCY HOHELESS SHELTER AND FOOD TO AREA RESIDENTS EXPERIENCING HOMELESSNESS. LMC Location: p~ Or ty Need Cat~e~ory , ' 554 EAST MAIN STREET, i Homeles'~HIV~'AIDS RIVERHEAD, NY 11901 Select one: Explanation: Expected Completion Date: 3/31/2013 - Objective Category C) Decent Ho using (~) Suitable Living Environment O Eco no mic Opportunity ~, ' i Spec f c:;Ob~ectwes Outcome Categories i Improve the services fo~ Io~¥/'n*,od income pe~sorrs [] Availability/Accessibility [] Affo rdability 2 [] Sustainability 3 ~ ~;'P;~i; ~ Proposed 70 -A~c0m~i. T~Pel ~ Proposed -- Underway Jnderway ~ E~ Complete Complete ~ ~ ACc0n%O], Type: ~ Proposed ACCO~pl. 1,ype: ~ Proposed ~ ~' Corn ~lete Complete · _~ Underway Underway 8 Accompl. l'ype: ~ Proposed Acc0mp,, Type: E Proposed u Underway Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome NUMBER OF PEOPLE NEW AND IMPROVED ACCESS ASSISTED 1-O A SERVICE ~4atrix Codes L~i Matrix Codes · -I COBG ~ Proposed Amt. 5,~00 F~JndSourc,: ~ Proposed Amt. ~ Actual Amount Actual Amount ~. Fund$ource: ~ Proposed Amt. Fund$0urce: [~_~J Proposed Amt. Actual Amount Actual Amount ~I ~ Accompl. Type: ~ Proposed Units Accompl, Type: [~. Proposed Units I~ i Actual Units Actual Units .O ! ~-- Proposed Units Accor,'~pl, Type: ~1 Proposed Units ~, Accornpl, Type: j'~' Actual Units Actual Units EXHIBIT 1 Project Name: 1099-ADMINISTRATION Description: 54 IIDIS Pro}ect #:I109901-2iA-lZiuo Code: 1NY369103 SUFFOLK COUNTY TOWN OFSOUTHOLD: ADMINISTRATIVE COSTS ASSOCIATED WITH THECDBG PROGRAM. Location: : Prmority Need Category ~-~, :, 53095 MAIN ROAD, F ........ :SOUTHOLD, NY 11971 Select one: I Plar~ing/Adm~btraUon Explanation: Expected Completion Date: 3/31/2013 · Objective Cate9o~ (~ Decent Housing O Suitable Living Environment O EconomicOpportunity ! L::' : · ! , SP~¢";~ ~ Ob'~Ctives Outcome Categories 1 [] Avail a bility/Accessi bU ity [] Affo rdability 2 L~J [] Sustainability 3 m Accon~ol. Type: ~ Proposed A~corr~l. Type: F___ Proposed ~ Underway Underway Complete 'Complete ~" ~ ~:l:compl: TT~;i ~ Proposed A¢compL Type: ~ Proposed nde wa, Under., ~'E Complete Complete § Accorr~, Type: [~' Proposed Acco~l, Type: ~" Proposed < Underway Underway Complete Complete ~ro~o'~ed Outcome ~erformam:e ~ea,~ure Actual Ma[rmx Codes ~ ~ Iflatri~ Codes ~ CDBG L~ Proposed Amt. llr050 Fund Source: ~ Proposed Amt. ~- Actual Amount Actual Amount !'~1 Proposed Amt. ~. Fund Source: ~ Proposed Amt. Fund$ou~¢e: Actual Amount Actual Amount E ~ Accor~,L Type; ~ Propoaed Units Accompl. Type; ~ Propoaed Units ~ Actual Units Actual Units O g A~CO~p'. Type: ~ Proposed Units AccornpL Type: ~ Proposed Units Actual Units Actual Units EXHIBIT 2 SUFFOLK COUNTY DEPARTMENT O1: LABO,.R. NOTICE QF NON-APPLICABILITY FOR COMPLIANCE WITH FEDERAL LAW_ (8 U.S.C. SECTI.._ON 1324&) To Be Completed By Awarding AgenCy . ~ The Lawfifi 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 tbr non-applicability. Town of Southold Federal Employer ID#_~ 1-6001939 Contractor Name: Contractor Address: Town Hall, PO Box 1179 53095 Main Rd., Southold, NY 11971 Contractor Phone #: 631-765-1283 Description of project or service: Coffl~qunity Development Block Grant 1) [~ Recipients of compensation from the County, through any grant, loan, subsidy, agreement, lease or other financial compeasation 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. A/uth'orized County Signatu Kisha J. Wright, Community Development Director ~ of'Authorized County Representative Print Name and Title Date EXHIBIT 3 Suffolk County, New York Depanment of Labor SUFFOLK COUNTY DEPARTMENT OF LABOR - LABOR MEDIATION UNIT ORGANIZING CERTIFICATION/DECLARATION - SUBJECT TO AUDIT UNION -- If the following definition of "County Contractor" (Union Organizing Law Chapter 466-2) applies to the Suffolk County, the contractor/beneficiary must complete Sections I, contractor's/beneficiary's business or transaction with contractor/beneficiary must complete Sections Il, Ill and IV Ill, and IV below. If the following definitions do not apply, the 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 ~alendar year; or pursuant to a subcontract with Section I I with all the provis oas of Suffolk n · · hereb a recto comp y · anizn Law apphes to thls contract. I/we Y g. · claw and as to the goods and/or ,,on ~[lgi.,w Nog 26-2003, the Suffolk County Union Organ~[.ng ,La.w..(_t ~h_.e ~unrV funds to assist, promote, [ {~[ Coup? ~,oc.. -7~ ..'~.,-, ,,f thc contract with the County of Suffolk snmt .u, ,~ -~ Check if or deter union organizing (Chapter 466-3 A), nor seek reimbursement from the County for costs incurred to assist, Applicable promote, or deter union organizing. (Chapter 466-3 B) I/we further agree to take all action necessary to ensure that County funds are not used to assist, promote, or deter union organizing, (Chapter 466-3 H) I/we fi~rther 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 nxl~nditures or costs incurred 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 applicable, that no reimbursement from County funds has been sought for such costs. I/we agree that such records shall be made available to the pertinent County agency or authority, the County Comptroller, or the County Department of Law upon request, (Chapter 466-3 I) I/we further affirm to thc following as to the goods and/or services that are the subject of the contract with the County of Suffolk: · l/we will not express to employees any false or misleading info~ation that is intended to influence the determination of employee preferences regarding union representation; · I/we will not coerce or intimidate employees, explicitly or implicitly, in selecting or not selecting a bargaining representative; · I/we will not require an e~ployee, individually or in a group, to attend a meeting or an event that is intended to influence his or her decision in selecting or not selecting a bargaining representative; · I/we understand my/our obligation to limit disruptions caused by prerecognition labor disputes through the adoption of nonconfrontational procedures for the resolution of prerecognition labor disputes with employees engaged in the production of goods or the rendering of services for the County; and · I/we have or will adopt any or all of the above-referenced procedures, or their functional equivalent, to ensure the efficient, timely, and quality provision of goods and services to the County, I/we shall include a list of said Section I1 The Union Organizing Law docs not apply to this contract for the following reason(s): Check if Applicable DOL-LO1 (3/5/08) Contractor Name: p~mount of Assistance: 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,~pthat the a~l~s true and correct. Authol[~ Signature DOL.LO1 (3/5/08) sUFFOLK COUNTY DEPARTMENT OF LABOR NOTICE OF APPLICATION TO CERTIFY COM]PLIANCE Wflla FEDERAL LAW. (8 U.S.C~ SECTION 1324A~ wrr~I RESPECT TO LA WFUL HIRING OF EMI'LOYEES VERIFICATION OF SUBMISSION OF LAWFUL HIRING OF EMPLOYEES. Suffolk County Code, Chapter 234 (20015) To Be Completed By the Lawful Hiring of Employees Unit EXItlBIT 4 DATE: TO: FROM: Brej~l~senberg. Director TELEPHONE #: 631 853-3808 EMPLOYER: Tow. n of Southold VENDOR #: 11-6001939 July 13, 2011 Kisha J. Wright, Community Development Director lIEF. #: Community Development Block Grant You are hereby notified that the submission from Town of Southold as been received by the Lawful Hiring of Em£loyees Unit of the Suffolk County Department of Labor. We find that this submission is complete and is in compliance with the requirements set forth by the Suffolk County Lawful Hiring of Employees Law (Local Law #52-2006),. LHE-3 (01/07) EXHIBIT 5 Certification Regarding Lobbying for Contract, Grants, Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No State or Federal appropriated funds have been paid or will be paid, by or on behalf of the rson for nfluencing or attempting to influence egislation or appropriation unders gned, to any pe ........ .t... le"is at ve bod es in connection actions pending before oca, State ancl i-eoeral executive UHU~V. ~ 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 cooperative agreement, the undersigned shall complete and submit Standard Form LLL, - in" "Disclosure Form to Report Loboy g, in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 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: Agreement Number: Sign: ~ Name: f Title: Date: lo- Page 1 of 1 EXHIBIT 6 COUNTY OF SUFFOLK OFFICE OF THE COUNTY COMPTROLLER JOSEPH SAWICKI, JR. Comptroller DEPARTMENT OF AUDIT AND CONTROL Comptroller's Rules and Regulations for Consultant's Agreements Revised 12/2009 TABLE OF CONTENTS 1 Purpose ....................................................................................... Scope ..................................................................... Definitions .................................................................................... 1 Allowable Claims ........................................................................... 1 Claim Submission ........................................................................... 2 Out of Pocket Expenses ............................................................... . ..3 Sub-Contractor Claims ..................................................................... 5 Certified Statements ........................................................................ 6 EXHIBITS EXHIBIT A EXHIBIT B CountyofSuffolk, Standard Payment Voucher FORM PV .................................... 8 Consullant's Time Summary FORM A & C 108 ............................................. 9 EXHIBIT C Consultant's Expense Summary FORM A & C 109 ............................................ 10 1 1. P~urpose - This manual establishes procedures for the reimbursement of expenditures for consultants under contract with the County. 2. ~Scope - These instmcti0ns apply to all County departments and agencies utilizing consultant services. 3. Definitions a. Consultant - Pm individual or firm engaged to provide outside professional services to Suffolk County departments and agencies. b. Consultant's A cement - A written contract describing the specific services to be rendered by the consultant and the amount and terms of payment for theservices to be made by the County. The consultant's agreement shallconstitute the sole authorization for payment of claims. The consultant's agreement shall be prepared in accordance with the County Executive's Operating Procedures, SOP # 1-05. Non-specific general purposeor lump sum payment agreements are not recommended. 4. Allowable Claims - Only claims which are submitted for expenditures specifically identified ia the agreement will be approved for payment. Generally, the agreement will stipulate a maximum fee for services rendered which is based upon a rate per day or l~er hour. Accordingly, a rate schedule is an integral pa~t of each consultant's agreement. Increases will be allowed only by amendment to the agreement. Out-of-pocket expenditures are reimbursable if it is so stipulated in the consultant's agreement. 2 Claim Submission - Consultants should submit their claims for reimbursement through the County department or agency responsible for the consultant's assignment, using appropriate forms, as indicated bebw: a. .Claim Voucher - A County of Suffolk Standard Payment Voucher Form (Exhibit A) must accompany each consultant claim. The claim voucher should refer to the consultant's agreement under which payment is requested and indicate the category of expenses or contract covenant ~applicable to the claim voucher. It should be i~itialed by the depa~mental unit representative under whose supervision er jurisdiction the work was performed, signifying that the consultant has complied with all the terms and conditions of the agreement under whichthe payment is requested. The voucher naust then be signed by the department head or his duly authorized representative and forwarded to the Department of Audit and Control for payment. b. Consultant's ~.ime Summary, FORM A&C 108 (Exhibit B) - The Consultant's lime Summary should be used to record daily hours worked by each staffraember of the consultant workiag on the project. Space is provided to record and extend the hours and wages of each staffmember assigned to the project on one form. The con~pleted FORM A&C 108 must be signed by and authorized individual 0fthe consultant's firm. It should then be attached to the County of Suffolk Standard Payment 3 voucher form. A copy of the consultant's payroll register with a cover letter indicating the individuals charged to the project for the claim period will be accepted as a substitute for the Consultant's Time Summary. Consultant's Expense Summary, FORM A&C 109 (Exhibit C) - The Consultant's Expense Summary should be used to detail expenses for travel, meals, lodging or other necessary and reasonable out-of-pocket expenditures incurred on the project. Each expense item should be documented by a receipted bill, sales slip or invoice which totals the daily expenditures shown on the form. The completed FORM A&C 109 must be signed by an authorized individual of the consultant's firm. It should then be attached to the County of Suffolk Standard Payment Voucher Form. 6. Out-of-P~- If these expenses are reimbursable under the consultant's agreement, the following rules and guidelines should be considered before incurring such expenses and submitting claims: a. Meals- Meals are reimbursable under a consultant's contract only if the purpose of the meal is valid, that is, authorized under the contract as sustenance while traveling. Effective October 1, 2009, the per diem meal allowance shall be in accordance with the current maximum reimbursement rate for food as established by the U.S. General Services Administration for the New York region. As published inlRS Publication 1542 (rev. October 2009), the 2009 per diem meal and incidental rate is 4 $71.00 per diem including tax. Audit and Control should be contacted for allowable rates for future fiscal periods. (Gratuities, at a reasonable and customary rate, shall be reimbursed over and above the state limits). The County will not honor claims for the reimbursement of"business meals" submitted by members of the consultant's firm who are not traveling out of town (overnight) in performance 0fthe contract. Where a consultant meets the necessary criteria to be reimbursed for meals, no receipts will be necessary but a certified statement will be required. b. Loddne- Effective October 1,2009, claims for lodging will be reimbursed at a rate not to exceed the current maximum reimbursement rate for lodging as established by the U.S. General Services Administration for the New York region as published in the IRS Publication 1542 (rev. October, 2009). The 2009 per diem rate for lodging is $130.00 including taxes. Claims for lodging must be accompanied by paid receipts. Audit and Control should be contacted for the allowable rate for future fiscal periods. c. Airfare - Airfare will only be reimbursed at the economy coach rate and a receipt will be necessary. Individuals choosing to fly first class will not be reimbursed for the premium expenses incurred. d. Mileag~ - The County will reimburse mileage claims in accordance with the applicable current rate allowed by the U.S. Internal Revenue Service. As of January 1, 2009 the rate is $.55 per mile and January 1, 2010 the 5 rate is $.50 per mile. The consultant must provide origin, destination and miles traveled for each trip. Audit and Control should be contacted for the allowable rate for future fiscal periods. e. Taxis - Taxi fares up to $25.00 will be reimbursed based on actual receipt or certified statement. Any taxi expenses in excess of $25.00 per trip will require receipts. Receipts and certified statements shall include origin and destination, as well as the purpose of the trip. f. Subways and Buses (local) - A certified statement will be adequate documentatiot~ for these expenses. g. Tolls - Receipts or certified statement will be adequate documentation for these expenses. h. ~enses - Telephone expenses up to $25.00 per month will be reimbursed based on a receipt or certified statement. Telephone expenses totaling over $25.00 will require copies of the telephone company bills with the appropriate calls circled. i. Photocopie~ -In lieu ora specific contract for photocopies, the County will reimburse at a cost not to exceed $. 15 per copy, including labor. A certified statement will be adequate documentation for reimbursement. Su___b-Contractor Claims - When the consultant is authorized in the Consultant's Agreement to hke a sub-contractor, the Comptroller's Office should be supplied a copy of the sub-contractor's agreement. Claims willnot be processed if they are 6 not in compliance witl~ the contract between the Consultant and the County. The reporting requirement 0fthe sub-contractor will be the same as that of the Consultant. Details ofall expenditures claimed must be documented in the same manner. If the sub-co~tractor's agreement with the Consultant is a lump,sum payment agreement, detailed documentation reporting requirements are waived. Certified Statements -When the consultant incurs minor travel or other out-of- pocket expenses for which receipts are not available, he shall prepare an itemized statement detailing the type and amount of expense, iacluding the time, date, and place incurred. After summarizing expenses claimed, the consultant must add and sign the following certification terminology: "The above expenses are true and just and are a result of business conducted in accordance with the terms of the contract with Suffolk County, and have not be beell previously paid. Signature of Authorized Person Vendor Code (10-1) SUFFOLK COUNTY PAYMENT VOUCHER Contacl: EXHIBIT 7 Payment Vouche~ # 1389601 Address Responsible, Agcy s~s-- ~ Document Total (Include Cents) (02) Rev (4) Reference Document Invoice Cd (2) Number ( l ] ) l.n (2) Number (12) I,n (3) Descrilaion (17~ ~anount(lnclude Cents) Capi~l Pro,ct ~' (8) P/F 01 02 03 04 05 Additional Comments DEPARTMENT C :ERTWICATION: 1 hereby certify that the materials above specified have been received by me in good condition without substitution. The service properly performed and that the quantities thereof have been verified with the exceptions of discrepancies no{ed and payment is approved~ correct; that no para thereof has been paid except as stated; that the balance is actually duc and owing; that rexes from which the County is exempt are excluded and that 1 have read andam familiar with the provisions of Local Law 32-1980 as detailed in the payee instruction section of this voucher. O DATE TITLE PAYEE'S SIGNATURE TITLE NAME OF COMPANY EXHIBIT 8 EXHIBIT 9 SOUTHOLD TOWN BOARD PUBLIC HEARING October 5, 2010 7:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert IG-upski, Jr. Councilman William Ruland Councilman Vincent Orlando Councilman Christopher Talbot Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 8:01 PM COUNCILMAN TALBOT: In April, 2011 the Town of Southold expects to receive approximately $130,000.00 in Federal Community Development Block Grant Funds. These funds may be used, and have been previously used for a variety of projects to be selected by local officials. Eligible activities include: Acquisition and demolition of blighted property Housing rehabilitation Elimination of physical barriers for the handicapped Public facilities and improvements Street Reconstruction Code Enforcement Public Water projects Economic Development Public Services (limited to 15%) Town Residents are invited to attend this public hearing on Tuesday~ October 5~ 2010~ 7:32 P.M. at the Southold Town Hall, 53095 Main Road, Southold, New York, to express citizen views on local housing community development needs to be met with these funds. I have a notice that it was posted on the Town Clerk's bulletin board on the 14th of September, I also have a notice that it was printed in the Suffolk Times on the 23rd of September 2010. There is a letter from the Dominican Sisters Family Health Services in support of this, 'Thank you for the opportunity to again apply for funding through this community development block grant.' Also I have a letter from the North Fork Housing Alliance, again requesting $72,500 for this round of funding. 'Thanking you in advance for all your cooperation in this matter and fully supporting it.' And the Robert Perry Community Development Block Grant Funds 2 October 5, 2010 Development Corporation which is the Robert Perry Daycare Center in Greenport, also putting in a request for $7,500 for 2010 and they are appreciative of the support in the past and would appreciate it again. And that is it. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this public hearing? PEGGY MURPHY: I am here on behalf of CAST, Community Action Southold Town to request consideration for financial support through the Community Development Block Grant funding program. And just a quick paragraph, CAST is a not for profit organization incorporated in 1965 to help lower income residents meet their basic needs in the areas of nutrition, employment, energy, housing and education. Initially CAST was funded by the federal and New York State government. Our current financial support, with the exception of the Southold Town CDBG fund is depended on the generosity of the public and a variety of fund raising activities to maintain our commitment to serve our high risk clients, who are the neediest of Southold Town's residents. The letter goes on but I don't think it is necessary for me to read anymore. SUPERVISOR RUSSELL: Thank you very much. I appreciate it. MS. MURPHY: Shall I give this to you? SUPERVISOR RUSSELL: Yes, please. Thank you, Peggy. Would anyone else like to address the Town Board on this public hearing? L1NDA RULAND: Hi, my name is Linda Ruland, I am from Mattituck. Mr. Supervisor, members of the Town Board, good evening. I am the director of Family Service League's North Fork Early Learning Center, a year round New York State licensed pre- school daycare center which many of you know is located in the Laurel school on the Main Road in Laurel. This year we have almost 100 children enrolled in our various half and full day programs. Toddler programs, 3 year old program, 4 year old program and a universal pre-kindergarten for Mattituck-Cutchogue 4 year olds which we operate under contract for the Mattituck Cutchogue School District. We have just finished our summer programs which provided up to 8 weeks of camp experiences for toddlers through school age children in 6th grade. In 2011 we will be celebrating our 30th year of providing early childhood education and licensed daycare for the residents of the north fork, of which the last 7 years have been as a program of Family Service League Inc. We have been privileged in the past to be the recipients of the Community Block Grant awards, these funds have helped the North Fork Early Learning Center to move from a one room facility to the beautiful and historic Laurel school campus which houses two buildings and seven classrooms. The funds have helped us adapt the buildings to accommodate our four classrooms. Currently we are completing a Community Block Grant project that will provide more appropriate playground equipment and a safer environment with the installation of safety surfacing. As the demand for quality child care services increases, due to the uncertain economy which fomes more parents into the workplace, we struggle to provide more needed daycare, especially for toddler age children. Our waiting list Community Development Block Grant Funds 3 October 5, 2010 continues to grow and every week I have to mm children whose families desperately need our services away. For the past two years, we have tried to open another classroom for our youngest population but the initial costs of setting up another program has been too costly for us to succeed. As we look to the future, we respectfully ask for your continued support to achieve not only this goal but to be able to continue to offer the families of the north fork the quality services that the Family Service League and the North Fork Early Learning Center are committed to. Thank you. SUPERVISOR RUSSELL: Thank you. MS. RULAND: Would you like a copy of this? SUPERVISOR RUSSELL: Thank you. BENJA SCHWARTZ: Good evening, my name is Benja Schwartz from Cutchogue. Two years ago I had the opportunity to operate a sailing school out of Greenport Harbor with the North Fork Women's Resource Center and was just a wonderful opportunity to get to know children in the Town of Southold, specifically children who maybe otherwise couldn't have afforded a sailing program. Our sailing program is rather unique in that instead of just putting the kids on the boats and teaching them how to go off sailing, mostly around a little race course, nothing wrong with that but we went out cruising together on a larger boat. Looks like we are going to have an opportunity to do that next summer and we hope we will be able to take a lot of children out and we sure could use some help, if the Town has some funds to be contributed to that program. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on Community Block Grant funding? (No response) This hearing was closed at 8:09 PM ~eville Southold Town Clerk RE: 10/5/10 7:32PM, P.H. CDBG Funds 2011 FAA41L]~ SERVICE LEA6gIE NORTH FORR EARLy LEARNIN~ CENTER 675 FragMinvitte Re=E, L~nref, Ny 17968 RECEIVED OCT ~ 2'i0 Mr. Supervisor and Members of the Town Board, Good Evening. ~outhold Town Cle~J My name is Linda Ruland from Mattituck. I am the director of Family Service League's North Fork Early Learning Center, a year-round, New York State licensed preschool/daycare center, which, many of you know, is located in the Laurel School building on the Main Road in Laurel. This year we have almost 100 children enrolled in our various half and full day programs - a toddler program, a three year old program, a four year old program and a Universal Pre-Kindergarten program for Mattituck- Cutchogue four year olds, which we operate under contract for the Mattituck Cutchogue School District. We have just finished our summer programs, which provided up to eight weeks of camp experiences for toddlers through school-age children in sixth grade. In 2011, we will be celebrating our 30th year of providing early childhood education and licensed day care for the residents of the North Fork, of which the last seven years has been as a program of Family Service League, Inc. We have been privileged in the past to be the recipients of Community Block Grant Awards. These funds have helped the North Fork Early Learning Center to move from a one-room facility to the beautiful and historic Laurel School Campus, which houses two buildings and seven classrooms. The funds have helped us adapt the buildings to accommodate our four classrooms. Currently we are completing a Community Block Grant Project that will provide more appropriate playground equipment and a safer playground environment with the installation of safety surfacing. As the demand for quality child care services increases due to the uncertain economy which forces more parents into the workplace, we straggle to provide more needed day care, especially for toddler aged children. Our waiting list continues to grow and every week I have to turn children, whose families desperately need our services, away. For the past two years we have tried to open another classroom for our youngest population, the toddlers and three year olds, but the initial cost of setting up another program has been too costly for us to proceed. As we look to the future we respectfully ask for your continued support to achieve not only this goal, but to be able to continue to offer the families of the North Fork the quality services that the Family Service League and North Fork Early Learning Center are committed to. Ve, D/ truly yo~g~7~ Program Director Family Service League North Fork Early Learning Center RE: 105/10 7:32 PM, P.H. CDBG Funds 2011 COMMUNITY ACTION SOUTHOLD TOWN, INC. 311 Front Street ~ PO Box 159 ~ Greenport, NY 11944 ~. t. (631) 477-1717 ~ F. (631) 477-1788 RECEIVED Website: www.cast-inc.org ~ Email: cast~}cast-inc.org ~ 'lt is o~tr mission to promote self sufficiency and provide a safety net for Southold Town residents in need~, ~l~$t o To: From: Re: Date: MEMORANDUM Phillip Beltz, Town of Sou&old Special Projects Coordinator Peggy Murphy, CAST Board President Community Development Block Grant Program funding Request October 5, 2010 ~oalhold [own CJer~ I am writing this request on behalf of Commtmity Action Sou&old Town (CAST) for the continuation of the financial support by the Town of Sou&old Commurfity Development Block Grant (CDBG) Program. CAST is a Not-For-Profit organization incorporated in 1965 to help low-income residents meet theh: basic needs in the areas of nutrition, employment, energy, housing, and education. Initially CAST was funded by the Federal and New York State Governments. Our current financial support, wi& the exception of the Sou&old Town CDBG fimds, is dependent on the generosity of the public and a variety of fund-raising activities to maintain our commitment to serve our high risk clients who are the neediest of Sou&old Town's residents. Our programs, tailored to meet the needs of our ever-growing client list include: Emergency monthly and school vacation feeding programs; Seasonal clothing distribution; · Job related services including job search and performance skills training, listings, and referrals; · Computer training and access; · Assistance in securing benefits and entitlements such as Medicaid, HEAP, Project Warm&, homeless housing, and food stamps; · ESL classes; · Nutrition classes; · Holiday food baskets; Family life enrichment classes. Beginning this fall we will be offering a pilot mentofing program for elementary students &at we plan to eventually offer to all the elementary schools in Sou&old Town. I would be happy to meet wi& you to fur&er discuss this request at your convenience. Thank you for your past support and for considering this request for 2011. NEIGHBORS HELPING NEIGHBORS Board Members PeggyMurPhy~.Pres~d~nt~DemsN~nCarr~w~VtcePres~dent~JeartneKe~ey~Treasurer~CindySmith~ Secretary ................................ Dave Hew~tt - Ahson Hegeman -Gail Horton ~ Sonja Rein.holt ~ Linda Orliz, Director 9929 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 23rd day of September, 2010. Principal Clerk Sworn to before me this (~)0f"~ day of ~ 2010. On Commnaity D~lopmem l~ro~m A~mnt ~ ~ $1~,~.~ M Federal ~uni~ ~- ~ may be u~,and have ~cn p~- ~ ~ ~r a v~e~ of proj~ts to ~ ~t~ ~ [~ffi~ A~uhi~ ~d demolit~a of bli~t- ~ En~t ~nomic Development ~ at ~e ~0~ ~ York, t0 e~ ~' ~ ~ ~ ho~ ~ ~ent Da~: ~tem~r 7, 2010 - ,, ,BYO~OF OF~ TO~ OF ~O~ Elm~ Ne~e T~ ~ NOTARY pUBLiC-STATE OF NEW YORK No, 01_VO6105050 OuaBfied in SufloJk county Domini(on Si olth S(rvk( October 4, 2010 RECEIVED Ms. Elizabeth Neville, Town Clerk Southold Town Hall P.O. Box 1179 53095 Main Road Southold, NY 11971 u., 5 2010 $outhol Clerk Re: Public Hearing- Tuesday, October $, 2010 Federal Community Development Block Grant Funds Ms. Neville, We aimlogize for being unable to attend the Public Hearing on Tuesday, October 5', 2010 at 7:32 p.m. at the Southold Town Hall. In the past Dominican Sisters Family Health Service has received funding from the Community Development Bleek~(3rani Funds towards our Volunteer Transportation Program. We are aware of the great need for transportation in your township. Any resident of Southold Town who requires transportation to a medical appointment is direcmd to call Dominicao Sisters Family Health Service Special Programs. The referral is usually through the Town's Senior Services, a neighbor or friend who has used our service, or a local church. We currently have approximately 21 local volunteers who drive the clients to their medical appointtnent? wait for them and drive them home. In 2009, we gave 350 rides to thirty five (35) clients for a total of 1,871 hours of service. We maintain a fil~ of current licenses and insurance of all volunteers. The majority of our clients are low-income, elderly residents who no longer drive. If we have a volunteer available, we try to a¢commodi~ie anyone's request regardless of age or income. The program has been in existence in Southold Town since 1997. The Interfaith Volunteer Program was formed in 1997 with initial support from the Robert Wood Johnson Foundation to Dominican Sisters Family Henlth Service. It ia an outgrowth of the Charity in Action Volunteer Program for the agency. The Interfaith Volunteers help residents of Brookhaven, East I-Iampton. Riverhead, Shelter Island, Southampton and Southold by providing: transpoRation to a medical appointment, arrange shopping for groceries, picking up pr~sqriptions, work regular hours in a thrift shop, help with office work, or help and deliver meals at the holich~ys. Thank you for this opportunity to again apply for this funding through the Community Development Block Orant Funds. VIA Facsimile & Regular Mail Sincerely, Marianne Bogannam Development Coordinator OFFICE FOR DEVELOPMENT, INTERFAITH VOLUNTEERS, HELPING HANDS P.O. BOX 1028, H,,~4PTON BAYS, NEW YORK 11946 (631 ) 728-0937 F.,~x (631) 728-7162 North 9:orkHousing Alliance, Inc. (FORMERLY THE GREENPORT HOUSING ALLIANCE) ADEQUATE HOUSING FOR ALL~7~e...~,~.~.. NFHA@OPTONLINE.NET I=IARRY LATNEY1 PRESIDENT TANYA PALMORE~ EXECUTIVE DIRECTOR £ECEIVED October 4,2010 2010 Mr. Phillip Beltz Town Hall, 53095 Route 25 -P.O. Box 1179 Southold, NY 11971 Southold lown CNrk Re: Community Development Block Grant Funding Dear Mr. Beltz: Please be advised that the North Fork Housing Alliance, Inc. administers the Town of Southold's Rehabilitation Program. This program provides eligible owner occupied homeowners the opportunity to have health and safety items addressed at their homes. We in conjunction with the Town of Southold have completed over 150 units of rehabilitation since the inception of the program. This program is essential because without it, homeowners would not be able to complete the necessary improvements to ensure that their property is up to code. We currently maintain a waiting list of those persons waiting to be served as funding becomes available. Therefore, we are requesting $72,500.00 from this round of funding. I thank you in advance for all of your cooperation with this matter. TJP: tp Cc: James McMahon Ms. Elizabeth Neville, Town Clerk FUNDED [~Y NEW YORK STATE DIVISION OF HOUSING & (~OMMUNITY RENEWAL AN EQUAL OPPORTUNITY EMPLOYER AND PROVIDER VenetialMcKeighan, President Eileen McFetrldge, Vice President Wendal! Mealy, Treasurer Joan Mgrie Cortez, Director BOAR~ OF DIRECTORS Julia Edglish Rev. Nathaniel Heyward aseE. Maslon Swarm Josephine Watkins-Johnson ROBERT L. PERRY DEVELOPMENT CORPORATION ROBERT L. PERRY DAY CARE CENTER 612 Third Street ° Greenport, New York 11944 (631) 477-2931 October 1, 2010 Dear Supervisor Russell and Members Of the Town of Southold Board, I would like to officially submit our request that the Robert L. Perry Jr. Day Care Center be included in the Community Development Block Grant application for 2011. We are very grateful that Perry Day Care Center received these Community Development Block Grant funds of $7500.00 for this year, 2010, as we have been going through ~'ome very difficult financial times lately. To give you a brief summary of the.history of the Robert L. Perry Jr. Day Care Center, let me start at the beginning. Perry Day Care Center was built in ~991 using HUD funding to provide a centrally located child care center for parents of low to moderate incomes. The not for profit (501c3) corporation that currently runs Perry Day Care Center was re-organized in 1998 and is overseen by a Board of Directors. The building was specifically designed to be a child care center for a maximum of 25 children; currently we have 20 children enrolled. The children are residents of Greenport, Southold, Cutchogue and Shelter Island. About 85% of our children are from low-income homes in which both parents are working; in some cases, one parent may be employed at a seasonal job. The Perry Day Care Center contains 3 individual classrooms, each with its own bathroom, an office and a complete commercial kitchen. The 3 classrooms are an infant room for babies ages 8 weeks to 18 months of age, a toddler room for children 18 months to 2 ½ years of age, and a pm-school room for children ages 2 V2 to 4 years of age. We are the only New York State licensed child care center in the Town of Southold who can accept and care for infants under the age of 18 months. The children are offered two hot, freshly prepared meals a day as well as an afternoon snack. Each classroom has a daily schedule of activities that are age-specific and developmentally appropriate. Our mission is to provide top quality child care that is both nurturing and stimulating. As we have recently suffered a major financial loss in income (about $12,000 a month) because of a cut in New York State subsidies for many of our children, we are even more dependent than ever on public and private grants as well as on donations. As there continues to be a tremendous n6ed for quality child care on the North Fork we are bound and determined~to persevere and struggle through these financially challenging times. Thank you so much for your much needed and appreciated interest and support. OCT - 5 2010 T(!wP OF S£!UT~qOLD Sincerely, Page I of I Cooper, Linda From: Legals [legals@timesreview,com] Sent: Tuesday, September 14, 2010 9:25 AM To: Cooper, Linda Subject: RE: CDBG Fund 10-5-10 Hi Linda, I have received the notice and we are good to §o for the 9/23 issue. Thanks and have a great Tuesday! Candice From: Cooper, Linda [mailto:Linda.Cooper@town.southold.ny.us] Sent: Tuesday, September 14, 2010 8'.53 AM To-' Suffolk Times Legals Subject: CDBG Fund 10-5-10 Good morning, Attached hereto is a Public Hearing Legal Notice for the 9/23 edition of the Suffolk Times. Please confirm receipt. Thank you. Icoop 9/14/2010 LEGAL NOTICE Citizen's Ideas Wanted On Community Development Program Announcement of Public Hearing In April, 2011 the Town of Southold expects to receive approximately $130,000.00 in Federal Community Development Block Grant Funds. These funds may be used, and have been previously used for a variety of projects to be selected by local officials. Eligible activities include: Acquisition and demolition of blighted property Housing rehabilitation Elimination of physical barriers for the handicapped Public facilities and improvements Street Reconstruction Code Enforcement Public Water projects Economic Development Public Services (limited to 15%) Town Residents are invited to attend this public hearing on Tuesday~ October 5~ 2010, 7:32 P. M. at the Southold Town Hall, 53095 Main Road, Southold, New York, to express citizen views on local housing community development needs to be met with these funds. Dated: September 7, 2010 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON September 23, 2010, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Phillip Beltz Town Board Members Town Attorney Comptroller Town Clerk's Bulletin Board STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the /(4' _ day of ~ ,2010, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: CDBG 2011 Sworn before me this dj dayof~,2010. LINDA ,I COOPER NOTARY PUBLIC, State o[ New Yc, r NO. 01CO4822563, Suffolk Coun½Y~ Term Expires December 31,20 - ~_f- Eliza~oeth A. Ne---'~ille - Southold Town Clerk RESOLUTION 2010-698 ADOPTED DOC ID: 6164 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-698 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 7, 2010: RESOLVED that the Town Board of the Town of Southold hereby sets 7:32 PM~ Tuesday~ October 5~ 2010~ Southold Town Hail~ 53095 Main Road~ Southold~ New York 11971~ as the time and place for a Public Hearing to hear citizens views on local housing and community development needs to be met with approximately $130,000 in Community Development Block Grant funds the Town of Southold expects to receive in April 2011 and authorizes the Town Clerk to publish an "Announcement of Public Hearing Notice". Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Albert Kmpski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell