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HomeMy WebLinkAboutClean Vessel Assistance ProgramRESOLUTION 2011-243 ADOPTED DOC ID: 6729 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-243 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 15, 2011: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Letter of Intent~ Clean Vessel Assistance Program Ooeration & Maintenance Annual Application~ request for reimbursement form~ and any other accompanying documents between the Town of Southold and the New York State Environmental Facilities Corporation in connection with the filing of a Clean Vessel Assistance Program Operation & Maintenance Grant Program Annual Application for 2011, for grant funds up to the maximum mount of $5,000 per boat regarding the two pump-out boats owned and operated by the Town of Southold, utilized for the Town and Fishers Island, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Talbot, Krupski Jr., Evans, Russell ABSENT: Vincent Orlando CLEAN VESSEL ASSISTANCE PROGRAM OPERATION & MAINTENANCE (CVAP O&M) ANNUAL AGREEMENT JUN 2 5 2012 CERTIFICATION AND REO, UEST FOR REIMBURSEM~J~,~:~D~/~S&~. The Applicant, by its Authorized Representative, hereby states as follows: 1. Town of Southold (Southold (T) - Town Pumpout Boat O&M 2012), the Applicant herein, previously executed a Funding Agreement for the Clean Vessel Act Assistance Program (the "Agreement") with the New York State Environmental Facilities Corporation (the "Corporation"). 2. The Applicant hereby certifies that there has been no material changes in the information concerning the facility as set forth in the Agreement, and hereby incorporates all terms and provisions of said Agreement herein as though the same were set forth in full, and such information may be relied upon by the Corporation. 3. The representations and warranties set forth in the Agreement are true and correct as of the date hereof, and Applicant has complied with, performed and will continue to comply with and perform all of the covenants and promises in the Agreement. Applicant acknowledges that the submission of this Certification constitutes a filing of a record with the State or any of its political subdivisions or public benefit corporations. The State and the Corporation will rely on this filing to support my CVAP O&M reimbursement. 4. No litigation of any nature is now pending or threatened, to restrain or enjoin, or in any manner question or affect, directly or indirectly my ability or authority to carry out my responsibilities under the Agreement or for the Applicant to receive a reimbursement. 5. The Applicant is not the subject of any pending, threatened or existing action, whether under any bankruptcy, reorganization or insolvency law or any other proceeding, nor any undischarged or unpaid judgment, lien or claim, nor in default under any loan or mortgage agreement, nor delinquent on the payment of any federal, state, or local tax, or sales or compensating use tax, which has not been previously disclosed to the Corporation. The Applicant further agrees to immediately notify the Corporation in writing of any change in the above circumstances. 6. The pumpout and/or dump station facility must be accessible to all recreational marine vessels during normal operating hours. If the facility is not operational for any reason, it will notify EFC. 7. Applicant acknowledges that reimbursement shall be paid by the Corporation in reliance upon the representations and certifications set forth herein. Funding may be requested for up to 75% of eligible costs, except where maximum allowances for individual cost categories are set forth, with a maximum total grant amount of $5,000 for pumpout boats and $2,000 for all other pumpout facilities. Reimbursement for this period will be based on documented costs between November 1,2011 and October 31, 2012. The Applicant acknowledges grant awards are limited to the amount of available funding and may be less than the maximum allowed. 8. a. Applicant hereby certifies that the O&M Costs for which reimbursement is requested herein are reasonable, necessary, and allocable to the facility funded by the Agreement. b. Applicant hereby certifies that funding has not beeff'received from any Federal sources for costs claimed under this grant. Funding received for costs claimed under this grant from sources, other than Federal, include: ' [] State [] Local [] Othejr~_Please Specify): Amount $ /,J t,/'~r , 9. a. Applicant agrees that it will not seek, and if offered, will not accept, reimbursement from any other municipal, state or federal sources for any expenditures previously reimbursed, or to be reimbursed, under this Agreement. b. The Applicant acknowledges that any expenditure which will be reimbursed by any other municipal, state or federal sources shall not be eligible for reimbursement under this Agreement. c. The Applicant agrees that, if it receives funding from any other municipal, state or federal sources for costs previously reimbursed under this Agreement, it will repay to the Corporation all such funding to the full extent of any such reimbursement. d. The Applicant covenants and agrees that it shall not, under any cimumstances, be entitled to receive state, federal or other governmental assistance in excess of one hundred percent of the costs of the operation and maintenance of the facility. 10. The making of the annual reimbursement request has been duly authorized by the Applicant, and that no change in circumstances has occurred, or will occur upon the making of the reimbursement payment herein requested, which would constitute a default or breach of the Agreement. 11. The operation of the pumpout station and/or facility is in compliance with State and Federal regulations and CVAP guidelines. 12. The Applicant has obtained all licenses, permits or other approvals required as of the date hereof to undertake the O&M, including, but not limited to, any and all New York State Department of Environmental Conservation (DEC) approvals or permits. 13. No amounts requested hereunder have been included in any previous CVAP O&M reimbursement requests and have all been incurred within the applicable annual grant period. 14. The reimbursement requested does not include any costs other than costs for maintaining and operating existing pumpout and dump stations associated with the original Agreement. 15. The reimbursement requested does not include any costs pursuant to any agreements or documents which have not been furnished to the Corporation. 16. If the facility is conveyed and transferred to a third party, this agreement, and the Agreement set forth in Paragraph 1, shall be incorporated in the sales contract, and the applicant and purchaser, with the consent of the Corporation, shall execute an assignment and assumption agreement of the terms and conditions set forth in both of the aforesaid agreements. 17. Applicant acknowledges that continuation of the program is dependent upon the availability of CVAP funding from the United States Fish and Wildlife Service. APPLICANT_~ By: ~ Title: Supervisor Date: I TECHNICAL A£)V'2 SOR¥' NEW YORK STATE ENVIRONMENTAL FACILITIES CORPORATION By: 1~ Nan~: 'x~ Matthew J. Dri$col~ Title: President and Chief Executive Officer Date: JUl 0 ~ 201Z STATE OF NEW YORK ) ) SS.: COUNTY OF 5~t~ ) On this I~'~ day offs. 2012, before me personally came _5-0~'(-'(-/~_ ~<xs'J'¢ ~own, who berg by~ duly swom, did depose ~d say ~at ~ ~s the ~oa ~ ~ ~ , ~e co.ration or p~nership descnb~ ~ ~d w~ut~ foregoing ins~ment; ~d ~at ~ ~ si~ed ~.~ n~e thereto by ~e au~ofity of s~d co~oration or p~ership. IdlCHELLE L. TOMASZEWSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01T06156671 Qualified In Suffolk County My Commission Expires November 27, 2014 CLEAN VESSEL ASSISTANCE PROGRAM OPERATION & MAINTENANCE (CVAP O&M) ANNUAL AGREEMENT CERTIFICATIONAND REQUEST FOR REIMBURSEME~'~I~ 2 5 2012 ~C~ ADVISORy SV~ ,,ORP The Applic~nl~ by ils AnthorJ~ed Representative~ hereby states as follows: 1. Town of Southold (SoUthold (T)- Fishers Island Pumpout Boat O&M 2012), the Applicant herein, previously executed a Funding Agreement for the Clean Vessel Act Assistance Program (the "Agreement") with the New York State Environmental Facilities Corporation (the "Corporation"). 2. The Applicant hereby certifies that there has been no material changes in the information concerning the facility as set fgrth in the Agreement, and hereby incorporates all terms and provisions of said Agreement herein as though the same were set forth in full, and such information may be relied upon by the Corporation. 3. The representations and warranties set forth in the Agreement are true and correct as of the date hereof, and Applicant has complied with, performed and will continue to comply with and perform all of the covenants and promises in the Agreement. Applicant acknowledges that the submission of this Certification constitutes a filing of a record with the State or any of its political subdivisions or public benefit corporations. The State and the Corporation will rely on this filing to support my CVAP O&M reimbursement. 4. No litigation of any nature is now pending or threatened, to restrain or enjoin, or in any manner question or affect, directly or indirectly my ability or authority to carry out my responsibilities under the Agreement or for the Applicant to receive a reimbursement. 5. The Applicant is not the subject of any pending, threatened or existing action, whether under any bankruptcy, reorganization or insolvency law or any other proceeding, nor any undischarged or unpaid judgment, lien or claim, nor in default under any loan or mortgage agreement, nor delinquent on the payment of any federal, state, or local tax, or sales or compensating use tax, which has not been previously disclosed to the Corporation. The Applicant further agrees to immediately notify the Corporation in writing of any change in the above circumstances. 6. The pumpout and/or dump station facility must be accessible to all recreational marine vessels during normal operating hours. If the facility is not operational for any reason, it will notify EFC. 7. Applicant acknowledges that reimbursement shall be paid by the Corporation in reliance upon the representations and certifications set forth herein. Funding may be requested for up to 75% of eligible costs, except where maximum allowances for individual cost categories are set forth, with a maximum total grant amount of $5,000 for pumpout boats and $2,000 for all other pumpout facilities. Reimbursement for this period will be based on documented costs between November 1,2011 and October 31, 2012. The Applicant acknowledges grant awards are limited to the amount of available funding and may be less than the maximum allowed. 8. a. Applicant hereby certifies that the O&M Costs for which reimbursement is requested herein are reasonable, necessary, and allocable to the facility funded by the Agreement. b. Applicant hereby certifies that funding has not been received from any Federal sources for costs claimed under this grant. Funding received for costs claimed under this grant from sources, other than Federal, include: [] State [] Local [] Other/(P~lease Specify): AmountS /t//~ 9. a. Applicant agrees that it will not seek, and if offered, will not accept, reimbursement from any other municipal, state or federal sources for any expenditures previously reimbursed, or to be reimbursed, under this Agreement. b. The Applicant acknowledges that any expenditure which will be reimbursed by any other municipal, state or federal sources shall not be eligible for reimbursement under this Agreement. c. The Applicant agrees that, if it receives funding from any other municipal, state or federal sources for costs pFeviously reimbursed under this Agreement, it will repay to the Corporation all such funding to the full extent of any such reimbursement. d. The Applicant covenants and agrees that it shall not, under any circumstances, be entitled to receive state, federal or other governmental assistance in excess of one hundred percent of the costs of the operation and maintenance of the facilityl 10. The making of the annual reimbursement request has been duly authorized by the Applicant, and that no change in circumstances has occurred, or will occur upon the making of the reimbursement payment herein requested, which would constitute a default or breach of the Agreement. 11. The operation of the pumpout station and/or facility is in compliance with State and Federal regulations and CVAP guidelines. 12. The Applicant has obtained all licenses, permits or other approvals required as of the date hereof to undertake the O&M, including, but not limited to, any and all New York State Department of Environmental Conservation (DEC) approvals or permits. 13. No amounts requested hereunder have been included in any previous CVAP O&M reimbursement requests and have all been incurred within the applicable annual grant period. 14. The reimbursement requested does not include any costs other than costs for maintaining and operating existing pumpout and dump stations associated with the original Agreement. 15. The reimbursement requested does not include any costs pursuant to any agreements or documents which have not been furnished to the Corporation. 16. If the facility is conveyed and transferred to a third party, this agreement, and the Agreement set forth in Paragraph 1, shall be incorporated in the sales contract, and the applicant and purchaser, with the consent of the Corporation, shall execute an assignment and assumption agreement of the terms and conditions set forth in both of the aforesaid agreements. 17. Applicant acknowledges that continuation of the program is dependent upon the availability of CVAP funding from the United States Fish and Wildlife Service. By: l~ame-. Scott A. Russell Title: Supervisor Date: JUN 2 5 2O2 NEW YORK STATE ENVIRONMEN'rC~NVmO~,~:,,,, TECHNICAL ADVISORY FACILITIES CORPORATION By: Name: ',1 Matthew J. Drlscoll Title: President and Chief Executive Officer Date: JUL 0 § 2012 STATE OF NEW YORK ) ) SS.: cour,rrv OF Jc0q A/C) On this I~~ day ott~,,,~, 2012, before me personally came .~Cah'P~- ~4~_ t~ctsfet/,/, to me knqwn, who, being by Yne.du. ly sworn, did depose and say that ~ is theD'~,-,a~eca)~ b~the . -'~z,J/l ~ ~'or_47t/(oAdthe corporation or pa[tn~ership described in and w~uted the foregoing instrument; and that ~ signed/~r name thereto by the authority of said corporation or partnership. MICHELLE L. TOMASZEWSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01TO6156671 Quollfled In Suffolk County hty Co~nmlr, Mofl Expires Novombe~ 27, 2014