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RESOLUTION 2017-250
of � ADOPTED DOC ID: 12860
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-250 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 21,2017:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Suffolk Urban County Cooperation Amendment of
Agreement between the Town of Southold and the Suffolk County Office of Community
Development, in connection with the Community Development Block Grant Program, fully
funded by the Department of Housing and Urban Development(HUD), amending original
contract dated July 14, 1999 to renew for fiscal years 2017-2019, subject to the approval of the
Town Attorney.
Elizabeth A.Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER:Robert Ghosio, Councilman
AYES: Dinizio Jr,Ruland, Doherty, Ghosio, Evans, Russell
Rev. 1-27-17 Law No. —�Q r OS 7 IFMS No.
Urban County Amendment
SUFFOLK
URBAN COUNTY COOPERATION
AMENDMENT OF AGREEMENT
This Amendment of Agreement, is between the County of Suffolk("County"),a municipal corporation of the
State of New York, acting through its duly constituted Office of Community Development, ("Department"),located at
100 Veterans Memorial Highway,P.O. Box 6100,Hauppauge,N.Y. 11788,and the Town of Southold("Municipality"),
a municipal corporation duly organized and existing under the laws of the State of New York, located at 53095 Main
Road,P.O.Box 1179, Southold,New York 11968.
The County is currently qualified as an Urban County by the U.S.Department of Housing and Urban
Development(hereinafter referred to as"HUD");the parties hereto desire to cooperate to undertake, or assist in
undertaking, community renewal and lower-income housing assistance activities.
The parties hereto desire to amend the Original Agreement, last dated July 14, 1999, ("Agreement")to renew for
fiscal years 2017-2019; and to clarify contract provisions in compliance with current HUD requirements; and the parties
heretofore and henceforth have entered into a cooperative Agreement for said purposes.
Term of Agreement: Shall be from April 1,2017 thru March 31, 2019 and shall automatically renew for
participation in successive three-year qualification periods as provided for in Paragraph 9
of the original Agreement, attached hereto as Exhibit 1,unless sooner terminated as
provided for therein.
Terms and Conditions: Shall be as set forth in the original Agreement and this Amendment of the Agreement.
In Witness Whereof, he parties hereto have executed this Amendment of IDenwCohen s of the latest date written below_
Town of Southold COUNFOLK
By: By.
Scott A.Russell, upervisor
Fed.Tax ID#11-6001939 Chief Dep�ty County Executive
Date: cif o271t7
Date: 3z)
[ 1-7
Scott A.Russell,hereby certifies under penalties of perjury that I am
an officer of the Town of Southold, that I have read and I am r
-- _"-• ,
familiar with §A5-8 of Article V of the Suffolk County Code, and Approved:
that the munici 'ty meets all requirements to qualify for exemption Office of Community Develo nt
thereunder.
By:
Date c��c�-��l) Amy Keye
Scott A.Russell, Supervisor Government Liaison Offiper
Approved as to Form: Date: ��
Dennis Brown
Suffolk County Attorney 1?
Michael J. Petre
Assistant County Attorney
Date:
Page 1 of 4
Rev. 1.27-17 Law No. IFMS No.
Urban County Amendment
Amendment
WHEREAS, the County had applied to HUD for designation as a Urban County in 1999 in accordance
with 24 CFR 570.307(a) of the Community Development Block Grant ("CDBG") regulations under Title I of
the Housing and Community Development Act of 1974, as amended, Public Law 93-383 ("Acts"); and
WHEREAS,HUD had approved the County's application for said designation and Suffolk'County
became a qualified Urban County and received an Entitlement Grant for Fiscal Years 2000, 2001 and 2002; and
WHEREAS, Suffolk County has successfully requalified as an Urban County for every three-year
qualification period thereafter; and
WHEREAS, Suffolk County,pursuant to New York General Municipal Law §503(a) as well as the
authority given to the then Suffolk County Executive by resolution of the Suffolk County Legislature, entered
into a cooperative agreement("Agreement") for the purpose of establishing a consortium to undertake essential
community development, housing assistance and HOME Investment Partnerships Program("HOME") activities
authorized under the Acts; and
WHEREAS, the Suffolk County Consortium is comprised of the County of Suffolk, seven Suffolk
County towns, and ten Suffolk County villages, including the Towns of Brookhaven, East Hampton, Riverhead,
Shelter 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.
WHEREAS,pursuant to paragraph 9 of the original Agreement, said Agreement automatically renews
for participation in CDBG programs in successive three-year qualification periods unless the County or
Municipality opts-out by written notice; and
WHEREAS,pursuant to paragraph 9 of the original Agreement, the County and Municipality agree to
adopt any amendment to the Agreement necessary to meet HUD's current requirements for cooperation
agreements and any amendment to the Agreement that is mutually beneficial to the County and Municipality,
WHEREAS,pursuant to paragraph 4 of the original Agreement, "The Municipality will receive funding
only after executing a separate contract with the County that meets the requirements of 24 CFR 570.503;' and
WHEREAS, the County and the Municipality seek to clarify federally defined terms applicable the
Agreement through this Amendment.
NOW THEREFORE, the parties hereto agree as follows:
1. Conflicting Provisions
In the event of any conflict between this Amendment and any other provision to this Contract, such
other provision shall prevail unless it is expressly stated that this Amendment shall prevail.
Page 2 of 4
Rey. 1-27-17 Law No. IFMS No.
Urban County Amendment
2. Term of Agreement
Shall be from April 1, 2017 thru March 31, 2019 and shall automatically renew for participation in
successive three-year qualification periods as provided for in Paragraph 9 of the original Agreement,
unless sooner terminated as provided for therein.
3. Definitions
a. Action Plan-the one-year portion of the Consolidated Plan.
b. 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.
c. Community Development Agency- 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.
d. 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.
e. 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.
f. Non-Federal Entity—a state,local government, Indian tribe, institution of higher education(IHE), or
nonprofit organization that carries out a Federal award as a recipient or subrecipient.
g. Pass-through Entity—a non-Federal entity that provides a subaward to a subrecipient to carry out
part of a Federal program.
h. Progxam Funds—funds received by Suffolk County through Community Development Block Grant
and HOME Investment Partnership Funds grants to undertake or assist in undertaking essential
Community Development, housing assistance, and HOME activities throughout the County.
i. Subrecipient—a non-Federal entity that receives a subaward from a pass-through entity to out part of
a federal program,but does not include an individual that is a beneficiary of such program.
j. Suffolk County Consortium—a consortium comprised of the County of Suffolk, seven Suffolk
County towns, and ten Suffolk County villages, including the Towns of Brookhaven, East Hampton,
Riverhead, Shelter 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.
Page 3 of 4
d
Rev. 1-27-17 Law No. IFMS No.
Urban County Amendment
k. 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.
4. Agreement Continues,As Amended
Except as herein amended, all other representations,terms and conditions of said original Agreement,
including any and all amendments or budget modifications executed prior to the date hereof, are hereby
ratified and confirmed to be in full force and effect.
Page 4 of 4
SUFFOLK URBAN WUNTX
COOPERATION AGRI✓>;MENT
This Agreement is between the County of Suffolk(COUNTY),a municipal corporation
of the State of New York,acting through its duly constituted Office of Community
Development,having an office at H.Lee Dennison Building, 100 Veterans Memorial Highway,
Hauppauge,N.Y. 11788,and the Town of Southold (MUNICIPALITY),a municipal
corporation duly organized and existing under the laws of the State of New York having its
principal office at Town Hall,P.O.Box 1179,53095 Main Road,Southold,N.Y. 11971.
The parties desire to undertake eligible housing,community and economic development
activities under the I•Iousing and Community Development Act of 1974 as amended and Title II
of the National Affordable Housing Act of 1990 as amended(THE ACTS).
Term of Agreement: As provided in paragraph 9 of Exhibit A.
'Perms and Conditions: Shall be as set forth in Exhibit A attached.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the
latest date written below.
TOWN OF SOUTHOLD COUNTY OF SUFFOLK
Hon can W.Cochran Robert J.Gaffney
Town Supervisor Suffolk County Executive
DATE: pS DATE:
APPROVED: APPROVED:
OFFICE OF COMMUNITY DEVELOPMENT DEPAR�T�/M/JE�NT OF LAW
BY: �--` �c�� BY: )6'tLuee4L.HCl .
iosep T.Sansevermo Marisa G.Marletti
Community Development Assistant County Attorney
DATE: DATE:
l DATE:
Page 1 of 9
Table of Contents
Page
EXHIBIT A: Gene►al Terms and Conditions................................... 3
Paragraph1 -Purpose..................................................... 3
Paragraph2-Legal Authority............................................... 3
Paragraph 3-Responsibility of Suffolk County..................................4
Paragraph 4-Estimated Grant and Allocation Thereof............................ 4
Paragraph5-Program Income.............................................. 6
Paiagraph 6-Real Property Standards........................................ 6
Paragraph 7-Financial Control System....................................... 7 ✓
Paragraph 8-Qualification as an Urban County................................. 7
Paragraph 9-Duration of Agreement......................................... 8
Paragraph 10-Execution of Agreement....................................... 9
Paragiaph 11 -Severability.................................................. 9
Page 2 of 9
Exhibit A
Geneial Terms and Conditions
WHEREAS,Title I of the Housing and Community Development Act of 1974
(PL 93-383),as amended,and Title II of the National Affoidable Housing Act of 1990 as
amended,referred to as the"Acts",provide for substantial federal grants being made to certain
urban counties for use therein;and
WHEREAS,these acts establish certain criteria which must be met in order for a county
to qualify as an urban county;and
WHEREAS,to satisfy these cuite►ia,a county applying as an urban county must enter
into cooperation agreements with its constituent municipalities which desire to participate in the
program;it is theiellore agreed by the COUNTY and the MUNICIPALITY,as follows:
1. Purpose
The purpose of this Agreement is to establish a legal mechanism tluough which
the COUNTY may act as an urban county to apply for,receive,and disburse federal funds
available to such urban counties under the Acts,and to take such actions in cooperation with the
participating municipalities as may be necessary to participate in the benefits of this Program.
2. Legal Authority
The Suffolk County Executive,as Chief Executive Officer of Suffolk County,
pursuant to the authority given to him by the Suffolk County Legislature,is empowered to enter
into a cooperation agreement to undertake essential Community Development,housing
assistance and HOME activities authorized under the Acts.
The Chief Executive Officer of the cooperating Municipality,pursuant to the authority
given to him by resolution of the governing body,is empowered to enter into cooperative
agreements for the purpose of establishing a consortium which shall consist of all signatories of
this agreement to undertake essential community development,housing assistance and HOME
activities authorized under the Acts.
Page 3 of 9
3. Responsibilities of Suffolk County
The Suffolk County Executive is authorized to execute and file yearly
Community Development Block Grant and HOME Investment Partnership Funds applications
for lands under the Acts and execute grant agreements with the Department of Housing and
Urban Development for the purpose of implementing said applications. Suffolk County is
authorized to undertake or assist in undertaking essential Community Development,housing
assistance and HOME activities.
The COUNTY,as the applicant,will take frill responsibility and assume all
obligations of an applicant required by the Acts,including responsibility for the filing of
annual grant requests,the analysis of needs,the setting of objectives,the development of
Conununity Development plans,and the Consolidated Plan,the Community Development
program and the assurance of certifications. The COUNTY shall also have responsibility for
fiscal matters of the Consortium under the Acts.
The COUNTY,as the applicant for the Consortium,is hereby delegated the
authority to enter into or execute contracts,sub-agreements,and other necessary documents or
agreements to receive and expend funds,to employ personnel to organize and train staff to
develop procedures for program planning,operation assessment and fiscal management of the
program,to evaluate program performance and determine resulting need to reallocate resources,
and to modify the Grant Agreement with the United States Department of Housing and Urban
Development.
It is understood that upon the execution of this Agreement,the COUNTY shall
have the right and the authority to adopt a resolution which will accept and appropriate any
monies received in accordance with the"unified system of accounts".
4. Estimated Grant and Allocation Thereof
The annual amount of Federal funds involved shall be the amount applied for
by the COUNTY pursuant to the recommendation of the County Executive,subject to any
modifications made by HUD. Any Federal finds received by letter of credit or otherwise
shall be placed in an account established and maintained pursuant to Federal and State
regulations Upon authorization by the COUNTY,and in compliance with applicable State law
Page 4 of 9
and promulgated regulations,funds may be expended from this account by the COUNTY or by
payment to the MUNICIPALITY pursuant to a specific contract. Neither the COUNTY nor any
participating MUNICIPALITY may expend or commit finds except as may be authorized
pursuant to this Agreement and in frill compliance with State and Fede►al laws. No participant
under this Agreement may in any way be obligated to expend funds of its own except as may be
mutually agreed upon in accordance with law.
The COUNTY will retain$400,000 of Community Development Block Grant
funds annually or nine percent(9%)of grant finds annually,whichever is greater,to be used for
ptogram administration,planning and operations. The balance of the finding(program funds)
will be distributed to the participating towns and villages. Puisuant to 24 CPR 570.501(b),
MUNICIPALITY is subject to the same requirements applicable to subrecipients,including the
requirement for a written agreement as set forth in 24 CPR 570.503. The MUNICIPALITY will
receive finding only after executing a separate contract with the COUNTY that meets the
requirements of 24 CFR 570.503 The COUNTY will proportion Community Development
Block Grant funds among large and small municipalities Program funds will be allocated
among the participating municipalities based on such factors as population,the extent of
overcrowded housing units,poverty,age of housing stock,low and moderate income persons,
housing performance and performance in providing benefits to low and moderate income
persons.
'The MUNICIPALI'T'Y agrees to use a substantial proportion of its finds for the
implementation of its portion of the Consolidated Plan
The remaining portion of the Community Development Block Grant finds
available to the participating MUNICIPALITY may be used for"eligible activities"as outlined
in the Federal regulations goveuiing the Community Development Program. The allocation of
finds into individual projects will be determined by participating Towns and Villages with input
from the public. The COUNTY will have the final responsibility for selecting Community
Development and HOME- projects and annually filing the Annual Action Plan with HUD.
Page 5 of 9
5. Program Income
- - - The MUNICIPALITY must infoi n the COUNTY of any income generated by the
expenditure of Community Development Block Grant and HOME Investment Partnership finds
received. Program income may be assigned by the COUNTY to be retained by the
MUNICIPALITY. The MUNICIPALITY will be iequired to substantially disburse program
income,so received,for eligible community development activities before additional cash
withdrawals are made by the COUNTY from the U.S.Treasury. Any program income that the
MUNICIPALITY is authorized to retain may only be used for eligible activities in accordance
with all Community Development Block Grant and HOME requirements as may then apply.
The COUNTY is responsible for monitoring the reporting to HUD on the use of
any program income,thereby requiring appropriate rccordkeeping and reporting by the
MUNICIPALITY as may be needed for this purpose. In the event of close-out or change in
status of the MUNICIPALITY,any program income that is on hand or received subsequent to
the close-out or change in status shall be paid to the COUNTY.
6. Real Property Standards
Real property acquired or improved in whole or in part using Community
Development Block Grant funds and HOME Investment Partnership Funds that is within the
control of the MUNICIPALITY shall be govei ned by the following standards:
a. The MUNICIPALITY shall provide the COUNTY with timely
notification of any modification or change in the use of the real property
from that planned at the time of acquisition or improvement including
disposition;
b. The MUNICIPALITY shall provide for reimbursing the COUNTY in an
amount equal to the current fair market value(less any portion thereof
attributable to expenditures of non-Community Development Block Grant
funds)of property acquired or improved with Community Development
Block Grant or HOME finds that is sold or transferred for a use which
does not qualify under the Cormnunity Development Block Grant and
HOME regulations;and,
Page 6 of 9
C. Program income generated from Lhe disposition or transfer of property
prior to or subsequent to the close-out or change in status or expiration of
the cooperation agreement between the COUNTY and the
MUNICIPALITY shall be subject to the requirements of Section V of this
Agreement
7 Financial Control System
The COUNTY will provide a financial control system that will,among other
things,yield data necessary to complete federally required reports,meaningful management
information,and a clear audit trail for all expenditures.
The COUNTY will adhere to Federal Regulations in all matters of Fiscal Control
and Management. Fiscal Control and Management functions will be carried out in accordance
with the provisions of Office of Management and Budget Circular A-87.
8. Qualification as an Urban County
In addition to such assurances and agreements as may have been made by
previously executed ordinances in order to meet the criteria for finding eligibility as an
"urban county"the Municipality and the COUNTY will cooperate to undertake,or assist in
undertaking community renewal and lower income housing assistance activities,specifically
including urban renewal and publicly assisted housing.
The COUNTY and the cooperating MUNICIPALITY shall take all required
actions necessary to assure compliance with the urban county's certification required by Section
104(6)of Title I of the Housing and Community Development Act of 1974,as amended,
including the provisions of the National Environmental Policy Act of 1969,Title VI of the Civil
Rights Act of'1964,Title VIII of the Civil Rights Acts of 1968,Executive Order 11988,the Fair
I-[ousing Act,Section 109 of Title I of the Housing and Community Development Act of 1974,
as amended,the Americans with Disabilities Act of 1990,the Uniform Relocation Act,Section
504 of the Rehabilitation Act of 1973,and other applicable laws.
Page 7 of 9
The COUNTY will not allocate urban county'finding for activities in or in
support of any cooperating municipality that does not affiunatively further fair housing within its
own jurisdiclion'or that impedes the COUN`fY's actions to comply with its fair housing
certification.
The cooperating MUNICIPALITY has adopted and is enforcing a policy
prohibiting the use of excessive force by its law enforcement agency against individuals engaged
in non-violent civil rights demonstration. The Municipality shall enforce applicable State and
local laws against physically barring the entrance or exit of a facility or location which is the
subject of non-violent civil rights demonstrations.
The cooperating MUNICIPALITY understands that by executing this Agreement
that the MUNICIPALITY may not apply for grants under the Small Cities,or New York State
Program from appropriations for those fiscal years during the period in which such
MUNICIPALITY is participating in the urban county's Community Development Block Grant
Pi ogram. The cooperating MUNICIPALITY may participate in a HOME Program only through
the Suflolk Urban County consortium,regardless of whether the urban county receives a HOME
fai hula allocation and the MUNICIPALITY cannot form a HOME consortium with other local
govei nmenls.
9. Duration of Agreement
This Agreement shall give the COUNTY the authority to carry out activities
Funded from annual Community Development Block Grants and HOME funds from the Federal
Fiscal Years 2000,2001 and 2002 appropriations and from any program income generated from
the expenditure of such finds This Agreement will automatically be renewed for participation
in successive three-year qualification periods unless the COUNTY or MUNICIPALITY provides
written notice that it elects not to participate in a new qualification period. The COUNTY and
the MUNICIPALITY agree to adopt any amendment to this agreement necessary to meet the
requirements for cooperation agreements for a subsequent three-year urban county qualification
period. At the end of each qualification period,the COUNTY shall notify the participating
MUNICIPALITY by the date specified in the Depaitmenl of Housing and Urban Development's
Urban County Qualification Notice that the MUNICIPALITY may elect to be excluded from the
Page 8 of 9
R
urban county. This Agreement shall remain in effect-until Community Development and HOME
finds and program income received with respect to activities carried out during the three-year
qualification period fiscal years 2000,2001 and 2002,and any successive qualification periods
under agreement that provide for automatic icnewals,are expended and the funded activities are
completed. The COUNTY and the cooperating MUNICIPALITY cannot terminate or withdraw
from this Agreement while the Agreement remains in effect.
10 Execution of Agreement
This Agreement shall be signed by the County Executive and the Chief Executive
ofthe individual Municipality participating.
Each signatory agrees to cooperate with all other signatories of cooperation
agreements and be bound as if all had signed the same Agrcement for the term of this
Agreement unless otherwise terminated pursuant to the requirements of eligibility under
Federal law
ll. Severability
In the event that any portion of this Agreement shall be made inoperative by
ieason of judicial or administrative ruling,the remainder shall continue in effect.
Page 9 of 9