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HomeMy WebLinkAboutClean Vessel Assistance Program ~ RESOLUTION 2013-301 ADOPTED DOC ID: 8714 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-301 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 9, 2013: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Letter of Intent, Clean Vessel Assistance Program Operation & Maintenance Annual Application, request for reimbursement form, and any other accompanying documents between the Town of Southold and the New York State Environmental Facilities Corporation in connection with the filing of a Clean Vessel Assistance Program Operation & Maintenance Grant Program Annual Application for 2013, for grant funds up to the maximum amount of $5,000 per boat regarding the two pump-out boats owned and operated by the Town of Southold, utilized for the Town and Fishers Island, subject to the approval of the Town Attorney. ~Q~' Eli~abe~th A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell ORIGINAL- CLEAN VESSEL ASSISTANCE Operations & 1 ~ OPERATION & MAINTENANCE GRANT PROGRAM -I m LETTER OF INTENT ' 2013 Maintenance Please complete and mail e-mail or lax to EFC Date: April 3, 2013 To: New York State Environmental Facilities Corporation Att: CVAP O&M 625 Broadway, 7`h Floor Albany, NY 12207-2997 E-mail: CVAP@efany.gov Fax: 518.486.9248 Re: FaC[litV Name: Town of Southold - Southold Town Pump-Out Boat This letter is to notify New York State Environmental Facilities Corporation (NYSEFC) of our intent to participate in the Clean Vessel Assistance Program Operation & Maintenance Grant Program. This will include costs incurred from November 1, 2012 -November 30, 2013. We anticipate the level of required O&M funding for 2013 to be $ 5, 000.00 (Max. $5,000 per pumpout boat and $2,000 per land-based facility) ? Please check if a pumpout fee is collected (not to exceed $5 per pumpout). ® Please check if requesting costs associated with pumpout boat support. I certify by my signature to this letter that I am authorized to conduct business for the above facility, 1 understand that specific requirements must be met in order to receive available funding, and that 1 must maintain records through the cost year to apply for reimbursement of~ those costs. I also understand that by submitting this Letter of Intent (LOI) by the above date I am given priority for funding based upon available Cunding and my ability to submit a complete reimbursement package as detailed in the O&M Guidance, but that no guarantees are given for funding. 1 am also providing the name and title of the person who is authorized to sign the contract for funding. Scott A. Russell Town Supervisor Nome of Applicant (actfve rnntact) Title Date Telephone: (631) 765-1892 Fnx: (631) 765-6641 6-moil: elizabethe@town.southold.ny.us NameofAuthorizedRepre.Tentative: ~ _ Title: (sign documents) -(Signature) Address: Southold Town Board of Trustees Attn: Dave Bergen P.0. Box 1179 Southold, NY 11971 ORIGINAL CLEAN VESSEL ASSISTANCE Operations& _ w.~_~...~~.. OPERATION & MAINTENANCE GRANT PROGRAM LETTER OF INTENT ;r ~x. . ,.n~~ 2013 ,.,~,...v..,,~ ~ Maintenance Pleuse com~lele and mail a-mail or fax ro EFC Date: April 3. 2013 To: New York State Environmental Facilities Corporation Att: CVAP O&M 625 Broadway, 7`~' Floor Albany, NY 12207-2997 L-mail: CVAP@efc.ny.gov F'ux: 518.486.9248 Re: Facility Name: Town of Southold -Fishers Island Pump-Out Boat phis letter is to notity New York StateF,nvironmental Facilities Corporation (NYSEFC) of our intent to participate in the Clean Vessel Assistance Program Operation & Maintenance Grant Program. This will include costs incurred from November I, 2012 -November 30, 2013. We anticipate the level of required O&M funding for 2013 to be $ 5,000.00 (Max. $5,000 per pumpout boat and $2,000 per land-based facility) ? Please check if a pumpout fee is collected (not to exceed $5 per pumpout). ® Please check if requesting costs associated with pumpout boat support. I certify by my signature to this letter that I am authorized to conduct business for the above facility, I understand that specific requirements must be met in order to receive available funding, and that 1 must maintain records through the cost year to apply for reimbursement of those costs. I also understand that by submitting this Letter of Intent (LOp by the above date I am given priority for funding based upon available funding and my ability to submit a complete reimbursement package as detailed in the O&M Guidance, but that no guarantees are given for funding. I am also providing the name and title of the person who is authorized to sign the contract for funding. Scott A. Russell Town Supervisor L~ Nnme of Applicant (active contact) Title Date Telephone: (631) 765-1892 Fax: (631) 765-6641 E-moil: elizabethc@town.southold.ny.us Nnme ofAuthnrizerl Representative: ~l Title: 8. ISO/' (sign documents) (Signature) Adr/ress: Southold Town Board of Trustees, Attn: Dave Bergen P.O. Box 1179 Southold. NY 11971 ORIGINAL CLEAN VESSEL ASSISTANCE PROGR~~tI, ~ OPERATION & MAINTENANCE (CVAP O ANNUAL AGREEMENT CERTIFICATIONANDRFQUEST FOR REIMBURSEMEP6T The Applicant, by its Authorized Representative, hereby states as follows: 1. Town of Southold (Southold T Town Pumpout Boat O&M 2013), the Applicant herein, previously executed a Funding Agreement for the Clean Vessel Act Assistance Program and any amendments thereto (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 aze 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 carryout 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 v other pumpout facilities. Reimbursement for this period will be based on documented costs between November 1, 2012 and November 30, 2013. 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 C Local ~ O er (Please Specify): Amount $ 9. a. Applicant agrees that it will not seek, and if offered, will not accept, reimbursement from any .other municipal, state or federal sources for any expenditures previously reimbursed, or to be reimbursed, under this Agreement. b. The Applicant acknowledges that any expenditure which will be reimbursed by any other municipal, state or federal sources shall not be eligible for reimbursement under this Agreement. c. The Applicant agrees that, if it receives funding from any other municipal, state or federal sources for costs previously reimbursed under this Agreement, it will repay to the Corporation all such funding to the full extent of any such reimbursement. d. The Applicant covenants and agrees that i1 shall not, under any circumstances, be entitled to receive state, federal or other governmental assistance in excess of one hundred percent of the costs of the operation and maintenance of the facility. 10. The making of the annual reimbursement request has been duly authorized by the Applicant, and that no change in circumstances has occurred, or will occur upon the making of the reimbursement payment herein requested, which would constitute a default or breach of the Agreement. 11. The operation of the pumpout station and/or facility is in compliance with State and Federal regulations and CVAP guidelines. 12. The Applicant has obtained all licenses, permits or other approvals required as of the date hereof to undertake the O&M, including, but not limited to, any and all New York State Department of Environmental Conservation (DEC) approvals or permits. 13. No amounts requested hereunder have been included in any previous CVAP O&M reimbursement requests and have all been incurred within the applicable annual grant period. / 14. The reimbursement requested does not include any costs other than costs for maintaining and operating existing pumpout and dump stations associated with the original Agreement. 15. The reimbursement requested does not include any costs pursuant to any agreements or documents which have not been furnished to the Corporation. 16. If the facility is conveyed and transferred to a third party, this agreement, and the Agreement set forth in Paragraph 1, shall be incorporated in the sates 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 pro upon the availability of CVAP funding from the United States Fish and Wi lriitrlE.aMaAll~ ~~iNO u88~ bs~iMwb 1f0! A t1M<<~ A0'rsu""M'J APPLICANT By: Na e: Scott A. Russell Title: Supervisor Date: d~~j~ NEW YORK STATE ENVIRONMENTAL FACILITI C RPORATION By: N me: Ma w J• Driscoll Title: Priiesident and CEO Date: ~ ~ I ~e 1~3 STATE OF NEW YORK ) ss.: . COUNTY OF 5~~~~~~) t p On this ~ day of /°u~ "s 2013, before me personally came 5 ~a~ ~ s5 , to me known, who, being by me duly sworn, did depose and say that is the 18~the w~ o~ So uf~l~ ,the corporation or partnership described in and whi h executed the foregoing instnunent; and that 1~ P" signed ~ name thereto by the authority of said corporation or partnership. IAINIINM, otazy Public M~~ ~ ORIGINAL w, . CLEAN VESSEL ASSISTANCE PROGRAM OPERATION & MAINTENANCE (CVAP O&M) ANNUAL AGREEMENT CERTIFICATIONAND REOUESTFOR REIMBURSEMENT The Applicant, by its Authorized Representative, hereby states as follows: 1. Town of Southold (Southold T Fishers Island Pumpout Boat O&M 2013), the Applicant herein, previously executed a Funding Agreement for the Clean Vessel Act Assistance Program and .any amendments thereto (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 maybe 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, reorgani2ation or insolvency law or any other proceeding, nor any undischazged 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 mazine 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 r other pumpout facilities. Reimbursement for this .period will be based on documented costs , between November 1, 2012 and November 30, 2013. The Applicant acknowledges grant awazds 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 aze 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 G O er (Please Specify): Amount $ 9. a. Applicant agrees that it will not seek,. and if offered, will not accept, reimbursement from any other municipal, state or federal sources for any expenditures previously reimbursed, or to be reimbursed, under this Agreement. b. The Applicant acknowledges that any expenditure which will be reimbursed by any other municipal, state or federal sources shall not be eligible for reimbursement under this Agreement. c. The Applicant agrees that, if it receives funding from any other municipal, state or federal sources for costs previously reimbursed under this Agreement, it will repay to the Corporation all such funding to the full extent of any such reimbursement. d. The Applicant covenants and agrees that it shall not, under any circumstances, be entitled to receive state, federal or other governmental assistance in excess of one hundred percent of the costs of the operation and maintenance of the facility. 10. The making of the annual reimbursement request has been duly authorized by the Applicant, and that no change in circumstances has occurred, or will occur upon the making of the reimbursement payment herein requested, which would constitute a default or breach of the Agreement. 11. The operation of the pumpout station and/or facility is in compliance with State and Federal regulations and CVAP guidelines. 12. The Applicant has obtained all licenses, permits or other approvals required as of the date hereof to undertake the O&M, including, but not limited to, any and all New York State Department of Environmental Conservation (DEC) approvals or permits. 13. No amounts requested hereunder have been included in any previous CVAP O&M reimbursement requests and have all been incurred within the applicable anm~al grant period. 4 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, [his 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. 3 P tL~ is r~h'~l ant acknowled es that continuation of the ro ram is de endent u on the v"~,: , PP g P g P P ~to~ ~l+s,~ Q~~nding from the United States Fish and Wildlife Service. APPLICANT By: Na e: Scott A. Russell Title: Sup/~ervisor Date: ~~c~~~~ NEW YORK STATE ENVIRONMENTAL FACILITI ~ S CORPORATION gy; \ 8 N me: tthew J• Driscoll Title: President and CEO Date: ° 13 ~ ! e STATE OF NEW YORK ) ss.: COLJNTY OF Su~FO~-~L- ) On this ~ day of~~~~, 2013, before me personally came .SCUff ~u s sc~~ , to me known, who, being by me duly sworn, did depose and say that is theSu ~:r~vof the . T.ocd/~ o-P- ~nu~(cd ,the corporation or partnership described in and which executed the Foregoing instrument; and that ~ e signed ~y,~ name thereto by the authority of said corporation or partnership. "~~1 Ml1REN M. S7ANDISH tQ : Nolry . Stab of New York otary Public ~N~ ~8761ti10pt1 8uffoNc Cody tlon Er~Yp Apw st.101a CVAP O&M REQUEST FOR REIMBURSEMENT COST SHEET REIMBURSEMENT REQUEST FOR FUNDING PERIOD: NOVEMBER 1, 2012 -NOVEMBER 30, 2013 (SUBMIT THIS DOCUMENT STARTING DECEMBER 1, 2013 WITH YOUR INVOICES AND SUPPORTING COST DOCUMENTS) Facility Name: Date: Cateeorv Costs Claimed ewage Waste Disposal: aintenance/Repairs: applies: abor (repairs/maintenance): ttendant or Boat Personnel: dministration Fees: ock Fees (boats only): iscellaneous: otal O&M Costs: (Minus Total Receipts) otal O&M Costs Claimed: I hereby, through my signature below, certify all costs claimed are accurate and associated with the operation and maintenance of the CVAP funded facility. Certified by Applicant: Date: Supportine documentation must be provided for all costs and expenses claimed above.