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HomeMy WebLinkAboutVillage of Greenport Grant Funding RESOLUTION 2018-841 6 ° ADOPTED DOC 1D: 14497 ,� 7*., THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-841 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 25, 2018: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the lntenmunicipal Agreement between the Town of Southold and the Village of Greenport with regard to the Town of Southold making applications to the Suffolk County Office of Economic Development and Planning for grant funding on behalf of the Village of Greenport, subject to the approval of the Town Attorney. 4 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell S f ' RIGINAL CZ RECEIVED s CT 2 5 2018 O Southold Town Clerk Office of the Town Attorney Town of Southold Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone : 631-765-1939 Facsimile: 631-765-6639 MEMORANDUM To: Ms. Elizabeth A. Neville, Town Clerk From: Mary Silleck Secretary to the Town Attorney Date: October 26, 2018 Subject: IMA between the Town of Southold and Village of Greenport Suffolk County Urban County Cooperation Agreement for grant funding With respect to the above-referenced matter, I am enclosing the original Agreement together with the Resolution. If you have any questions regarding the enclosed, please do not hesitate to call me. Thank you. /ms Enclosures cc: Accounting IMA Town of Southold andNillage of Greenport Suffolk County Urban County Cooperation Agreement September 9, 2018 Intermunicipal Agreement This Intermunicipal Agreement ("IMA") is between the Town of Southold ("Town"), a municipal corporation of the State of New York, having an office at 53095 Route 25, Southold, New York 11971 and the Village of Greenport, a municipal corporation of the State of New York having an office at 236 Third Street, Greenport, New York 11944. Term of Agreement: Shall be from October 1, 2018 to September 30, 2019 Total Cost of Agreement: Cost as provided in this IMA. Whereas, the Town has entered an Urban County Cooperation Agreement with Suffolk County (the "County") through its duly constituted Office of Economic Development and Planning, having an office located at H. Lee Dennison Building, 100 Veterans Highway, Hauppauge,New York 11788(the "Agreement") (Exhibit A); and Whereas the Agreement provides a legal mechanism through which the County may act as an Urban County to apply for, receive, and disburse federal funds available to such urban counties under Title I of the Housing and Community Development Act of 1974 (PL 93-383), as amended, and Title II of the National Affordable Housing Act of 1990, as amended (hereinafter collectively referred to as the "Acts") to provide for substantial federal grounds being made to certain counties for use therein; and Whereas Suffolk County, in accordance with the Agreement, is offering municipalities that are located in Suffolk County the ability to access the funds available from the Acts for projects in their respective jurisdictions through the County by an Urban County Cooperation Agreement; and Whereas Southold Town is a member of the Consortium in accordance with the Agreement and the Town currently participates in the Suffolk County Consortium for grant funding opportunities from HUD; and Whereas the Village of Greenport is not enrolled as a member of the Consortium but the Village of Greenport may participate in the benefits of the Consortium as a municipality within the geographic boundaries of the Town of Southold; and Whereas the Village of Greenport boundaries fall within the geographic boundaries of the Town of Southold; and Whereas, the Village of Greenport would like to participate in the submission of proposals for consideration of grant funding using the Funds; IMA Town of Southold and Village of Greenport Suffolk County Urban County Cooperation Agreement September 9, 2018 Now, Therefore, in consideration of the mutual provisions and covenants hereafter set forth, the parties hereto agree and enter this Inter Municipal Agreement ("IMA") as follows: 1. The tern of this IMA shall be from October 1, 2018 to September 30, 2019. 2. The Village of Greenport will provide the Town of Southold with the proposals for four projects (proposal outlines attached as Exhibit B) which the Town of Southold agrees to submit and shall submit through the Consortium on behalf of the Village of Greenport for grant consideration and funding approval. 3. The Town of Southold shall administer the grant application submission process for the Village of Greenport for all four of the designated Village of Greenport projects. 4. The Town of Southold will take lead status and administer all aspects of any projects proposed by the Village of Greenport that have been awarded grant Funds, with the Village of Greenport monitoring the physical construction. 5. All grant award amounts shall be paid for by the Town of Southold, with the expectation of reimbursement from the grant award proceeds. 6. For each of the four projects (Exhibit B), the Village of Greenport shall provide all' funding not expected to be reimbursed from grant award proceeds. 7. The Town of Southold shall indemnify and hold harmless the Village of Greenport from any liability of the Village due to a breach of this Agreement by the Town of Southold or the failure of the Town of Southold to perform its obligations under the Agreement or this IMA, and for any additional costs or expenses of the Village of Greenport other than those detailed in the- Agreement heAgreement or this IMA,except those that may arise from the gross negligence of the Village of Greenport. 8. The Town of Southold shall obtain and maintain, and provide proof thereof, a policy of general liability and hazard insurance with an A-rated insurance company during the tern of this IMA naming the Village of Greenport as additional insured with respect to occurrences under the Agreement and this IMA, in the amount of not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000;000) per annum, and the Village of Greenport shall obtain and maintain, and provide proof thereof a policy of general liability and hazard insurance with an A- rated insurance company during the term of this IMA naming the Town of Southold as additional insured with respect to occurrences under this IMA in the amount of not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) per annum. 2 IMA Town of Southold and Village of Greenport Suffolk County Urban County Cooperation Agreement September 9, 2018 9. It is expressly agreed that if any term or provision of this IMA, or the application thereof to any person or circumstance, shall be held invalid or unenforceable to any extent, the remainder of this IMA, 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 this IMA shall be valid and shall be enforced to the fullest extent permitted by law. 10. It is expressly agreed that this IMA represents the entire agreement of the parties, that all previous understandings are merged in this IMA. No modification of this IMA shall be valid unless written in the form of an Amendment and executed by both parties. In Witness Whereof, the parties hereto have executed this Agreement as of the latest date written below. Town of So old Village of Greenport By. By: 49 n. Scott Russell Hon, George W. Hubbard,Jr. Supervisor Mayor Date: to /311 Date. 1017, ,K IMA Town of Southold and Village of Greenport Suffolk County Urban County Cooperation Agreement September 9, 2018 STATE OF NEW YORK, COUNTY OF SUFFOLK ss.: On thea day of Qu- ; in the year .2C& , before me, the undersigned, personally appeared Go A kosS-QJL , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that lie/she the executed the same in his/her/their capacity(ies), and that by leis/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. ibnature and office of person taking the Acknowledgement Y LAUREN M.STANDISH Notary Public,State of New York No.01ST6164008 Qualified in Suffolk County Commission Expires April 9,2019 STATE OF NEW YORK, COUNTY OF SUFFOLK ss.: On thegP-day of Oc+ , in the year :�O i g , before me, the undersigned, personally appeared Ge—OEQ e, L.J . , personally known to me or proved to me on the basis of satisfa&ry evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she the executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. 2S'! iatu- and office of person taking the Acknowledgement J114 MME ODOON Notary Public,State,.-Alew York No,01006ma8 qualMad in Suffu,,.County Commission Expires No4ember 14,2011 4 IMA Town of Southold and Village of Greenport Suffolk County Urban County Cooperation Agreement September 9, 2018 Exhibit A Suffolk County Urban County Cooperation Agreement 5 Rev.1-27-17 Law No. f�f—��'"�'S 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 ieretofore 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,attaclied hereto as Exhibit 1,unless sooner terminated as provided for therein. Perms and Conditions: Shall be as set forth in the original Agreement and this Amendment of the Agreement. n Witness Whereof, he parties hereto have executed this Amendment of Agt en ent as of the latest date written below. Cown of Southold COUNTY 0SUFVOLK 3y: By: Scott A.Russell, upervisor Demnt �Cohen Fed.Tax 1Z:Z -6001939 Chief Dep6ty County Executive Date: i!- Date: 34 a colt A.Russell,hereby certifies under penalties of perjury that I am r n officer of the Town of Southold, that I have read and I am Approved: imiliar with§A5-8 of Article V of the Suffolk County Code, and iat the rnunici ity meets all requirements to qualify for exemption Office of Cbmniubity Develol5m tit Date c.3 o I10 Amy Keyes cott A. ussell, Supervisor Government Liaison Off ccr .pproved as to Form: Date: ' ; ,r tennis Brown uffolk County Attorney y Michael J.Petre Assistant County Attorney r Date: J r v Pagel 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 :�ounty 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, ?ort 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 :or participation in CDBG programs in successive three-year qualification periods unless the County or vlunicipality opts-out by written notice; and WHEREAS,pursuant to paragraph 9 of the original Agreement, the County and Municipality agree to idopt 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 >nly 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. 4OW THEREFORE, the parties hereto agree as follows: 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 Rev. Y-27-17 Law No. IFMS No. Drban County Amendment Z, 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. ;. Definitions a. Action Plan-the one-year portion of the Consolidated Plan. b. Cominunity Development Block Grant Program or CDBG Proairam - 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 enviromnent and expanding economic opportunities to assist low-and moderate-income. c. Community Development&(L - 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. Consortiurn-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 End—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. Program Funds—finds 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 Consortiuni—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, Shorehain, Southampton, Westhampton Beach, and Westhampton Dunes. Page 3 of 4 Rev.1-27-17 Lave 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. t. 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. i Page 4 of 4 SUFFOLK URBAN COUNTI COOPERATION AGREEMENT This Agreement is between the County oI'Sufi'olk(COUNTY),a municipal corporation of the State of New York,acting through its duly constituted Office of Community Development,having an office at I-I.Lee Dennison Building,100 Veterans Memorial Highway, Hauppauge,N.Y. 11788,find the'rown 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 I1all,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[lousing and Community Development Act of 1974 as amended and Title 11 of the National Affordable Housing Act of 1990 as amended(THE ACTS). Term ol'Agteement: As provided in paragraph 9 of Exhibit A. `Perms and Conditions: Shall be as set forth in Exhibi(A attached. IN WITNESS WFIERGOF,the parties hereto have executed this Agreement as of the latest date written below. TOWN OF SOUTHOLD COUNTY OF`SUFFOLK YS-2 l tat can W.Cochran Robert J.Gaffney Town Supervisor Su#Tolk County Executive I)A`1`1-: (e A10. APPROVED: APPROVED: OFFICF'OF,Ct IvIMIJNI'I'Y m!-. r1.OijmrN-r DEPARTMENT OF LAW BY: BY:. lose p '1;. ,nnseti'ertt}o Marisa O.Matletti Community Development Assistant County Attorney DATEDATE: Page 1 of 9 Table ol'Con enls EXHIBIT A: General Teams and Conditions...... .. 3 ParagraphI -Purpose........................ ...................,...,.. 3 Paragraph 2-Legal Authority.................. .......................... 3 Paragraph 3-Responsibility of Suffolk County..... .............................4 Paragraph 4-Estimated Grant and Allocation Thereo............................. 4 Paragraph5-Program Income.................. ............................ 6 Paragraph 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 Paaagraph I t -Severability..................... ................ 9 Page 2 of 9 Exhibit A General Terms andonditions WHEREAS,Title I of the Housing and Community Development Act of 1974 (PL 93-383),as amended,and Title II of the National kffordable housing Act of 1990 as nmended,refereed to as the"Acts",provide for substat itial 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 miletia,a county i pplying as an urban county must enter into cooperation agreements with its constituent mttni ipalities which desire to participate in the program;it is therefore agreed by the COUNTY and tl e MUNICIPALITY,as follows: I. Purpose The purpose of(tris Agreement is to ostE blish a legal mechanism through which the COUNTY may act as an utban 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 par icipate 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 C unty Legislature,is empowered to enter into a cooperation agreement to undertake essential Community Development,housing assistance and HOME activities authorized under the A ts. The Chief Executive Officer of the coopet ating Ainicipality,pursuant to the authority given to him by resolution of(lie governing body,is em iowered 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 develc pinent,housing assistance and HOME activities authodzcd under the Acts. Page 3 of 9 3. ResponsrbrlrLies of Suffolk County The Suffolk County I?xeculive is auth rized to execute and file yearly Community Development Block Grant and HOME I ivestment Paitnership Funds applications for finds under[lie Acts and execute giant agreement with the Department of Housing and Urban Development for the purpose of implementing said applications. Suffolk County is authorized to under take or assist in undertaking essen ial Community Development,housing assistanec and HOME activities. The COUNTY,as the applicant,will t�ke full responsibility and assume all obligations of an applicant required by the Acts,inclu ing responsibility for the filing of annual grant requests,(lie analysis of reeds,the settin of objectives,[lie development of Community Development plans,and the Consolidated Plan,the Community Development ptogtam and the assurance ofccrtiliealions. The CO NTY shall also have responsibility for fiscal matters of the Consortium under file Acts. The COUNTY,as the applicant for the 'onsortium,is hereby delegated the authouty to enter into or execute contracts,sub-agreen eels,and otheu necessary documents or agreements to receive and expend funds,to employ personnel to organize and train staff to develop proccdues for progrtum planning,operation as•cssrmenL and fiscal management of the program,to evaluate program perfbumance and determ lie resulting need to reallocate resources, and to modify the Crani Ag,ecment with[lie United St les Department 0171 Dousing 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 cresol tion wl ich will accept and appropriate any monies received in accordance with the°unified system of accounts°. 4_ Estimated Grant and Allocation Thereof The annual amount ol'Federal finds involved shall be the amount applied for by the COUNTY putSuant to the recommendation 01'the County Executive,subject to any modifications made by[IUD. Any Federal finds rcecived by letter of eredit of otherwise shall be placed in an account established and maintained pursuant to Federal and State regulations. Upon authorization by(lie COUNTY,and in compliance with applicable State law Page 4 of 9 and promulgated regulations,Finds may be expended from this account by the COUNTY or by payment to the MUNICIPALITY pursuant ton specific contract. Ncitliet [lie COUNTY noa any participating MUNICIPALITY may expend or commit funds except as may be authorized pursuant to this Agreement and in till compliance with State and Federal haws. 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 Gaant funds annually or nine percent(9%)of grunt funds annually,whichever is gaeater,to be used for program administration,planning and operations. The balance of the finding(program funds) will be distributed to the participating towns and villages. Pursuant to 24 CFR 570.501(b), MUNICIPALITY is subject to the same requirements applicable to subrecipients,including the icquiremenl for a written agleCment as set forth in 2.4 CFR 570.503. The MUNICIPALI'T'Y will receive funding only alter executing a separate contract with the COUNTY that meets the requirements of 24 CFR 570.503. The COUNTY will proportion Community Development Block Grant finds 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 MUNICIPALITY agrees to use a substantial proportion of its funds for(lie implementation of its poi tion of the Consolidated Plan. The remaining portion of[lie Community Development Block Grant funds available to the participating MUNICIPALITY may be used for"eligible activities"as outlined in the Federal regulations governing the Community Development Program. The allocation of funds into individual projects will be determined by participating Towns and Villages with input front(lie public. The COUNTY will have the final responsibility for selecting Community Development and HOME projects and annually filing the Annual Action Plan with FEUD. Page 5 of 9 5. Program Income The MUNICIPALITY must inform the COUNTY of any income genciatcd by the expenditure of Community Development Block GI ant and I IOME Investment Pat tncrship fiends received III of,rarnl income may be assigned by(lie COUNTY to be retained by the MUNICIPALITY. The MUNICIPALITY will be requited to substantially disburse program ineonnc,so received,for eligible community development activities before additional cash withdrawals are made by the COUNTY from the U.S.Treasuty. Any program income that the MUNICIPALITY is authotized 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,theteby requiring appropriate recordkeeping and reporting by the MUNICIPALITY as may be needed for this put pose. In the event of close-out or cliangc in status of the MUNICIPALITY,any program income that is on hand or received subsequent to the close-0111 or change in status shall be paid to the COUNTY. 6. Real Property Standards Real properly acquired or improved in whole or in part using Community Development Block Grant finds and HOME Investment Partnership hands that is within the control of the MUNICIPALITY shall be governed by the following standards: a. The MUNICIPALITY shall provide the COUNTY with timely notification ofany modification or change in the use of the real properly Brom that planned at the time of acquisition or imptovemcnt including disposition; b. The MUNICIPALITY shall provide for reimbursing the COUN'T'Y in an amount equal to the current fair market value(less any pot tion thereof attributable to expenditures of non-Community Development Block Grant Funds)of property acquired or improved with Community Development Block Grant or HOME funds that is sold or itansferred for a use which does not qualify under the Community Development Block Grant and HOME regulations,and, Page 6 ol'9 C. Program income generated from the disposition or ttanster 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(lie requirements ol'Sectron V of this Agreement. 7. Financial Control System The COUNTY will provide n financial control system that will,among other things,yield data necessary to complete fedctally required reports,meaningrul.management infbnnation,and a clear audit trail for all expenditures. The COUNTY will adhere to Federal Regulations in all matters of Fiscal Control and Management. Discal Control and Management functions will be carried out in accordance with the provisions cif Office of Management and Budget Circular A-87. 8. Qualification as an IJrban County In addition to such assurances and agreements as may have been made by previously executed ordinances in order to meet(he 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(b)of Titic I of the Housing and Community Developmen(Act of 1974,as amended, including the provisions of the National Environmental Policy Act or]969,Title VI of the Civil Rights Act of]964,Title Vill of the Civil Rights Acts of 1968,Executive Order 11988,the hair I rousing 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 funding for activities in or in support of any cooperating municipality(flat does not afliumatively Further lair housing within its own jurisdiction or that impedes the COUNTY's actions to comply with its fair housing certification. "I'hc 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 ora facility or location which is the subject or non-violent civil rights demonstrations The cooperating MUNICIPALITY understands that by executing this Agreennent that tine MUNICIPALITY may not apply for grants under the Small Cities,or New York State Program from appropr rations for these fiscal years daring the period in which such MUNICIPALITY is pat licipating in the urban county's Community Development Block Grant Program. The cooperating MUNICIPALITY may participate in a HOME Program only through the Sufl'olk Urban County consortium,regardless of whether the urban county receives a I'IOML'• lbtnmula allocation and the MUNICIPALITY cannot form a HOME consortium with other local governments. 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 Discal Years 2000,2001 and 2002 appropriations and fiou 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 I'on 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 Department oft lousing and Urban Development's Urban County Qualification Notice that the MUNICIPALITY may elect to be excluded fiom the Page 8 01,9 ut ban county. This Agreement shall temain in effect until Community Development and HOME fluids and programa 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 renewals,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. 1? C IMA Town of Southold and Village of Greenport Suffolk County Urban County Cooperation Agreement September 9, 2018 Exhibit B Greenport Projects to be Submitted for Grant Funding 6