Loading...
2013 T.O.W Community Development Block Grant AgreementSeptember 20, 2013 Barbara Gutzler, Supervisor Town of Wappingers 20 Middlebush Rd., P.O. Box 324 Wappingers Falls, NY 12590 Dear Supervisor Gutzler: KEALY SALOMON, AICP COMMISSIONER "Icel SEP 2 3 20�13 Received Enclosed please find one fully executed copy of the agreement between the Town of Wappingers and Dutchess County for the 2013 Community Development Block Grant Program year. This agreement is being forwarded to you to retain in your files. If you have any questions, please contact me at amurrgy@dutchessny.gov or 845-486-3600. Sincerely, 4141 Audra Murray Principal Program Assistant AM Enclosure 27 High Street, Poughkeepsie, New Yark 12601 - (845) 486-3600 - Fax (845) 486-3610 www.dutchessiny.gov AGREEMENT THIS AGREEMENT, entered this 1K day ofA �, 2013 by and between the COUNTY OF 'y L DUTCHESS, a municipal corporation of the State Ae*'­ork, with its principal place of business at 22 Market Street, Poughkeepsie, New York, 12601 (herein referred to as the "County"') and the TOWN OF WAPPINGER, having offices at 20 Middlebush Rd., P.O. Box 324, Wappingers Falls, NY 12590 (herein referred to as the "Municipality"). WHEREAS, the County has, in cooperation and agreement with the Municipality, applied for and been awarded a grant by the United States Department of Housing and Urban Development ("HUD") under the Housing and Community Development Act of 1974 ("ACT"), with the eligibility of the County for such grant based, in part, on its status as an "Urban County" under the Act, and WHEREAS, the County achieved its "Urban County" status as a result of entering into cooperation agreements with that number of other municipalities in Dutchess County whose combined population exceeds 100,000 in number, and WHEREAS, said cooperation agreements are required because the County, under applicable law, is not authorized to exercise the full complement of powers necessary or appropriate to carry out all the requirements or achieve: all the goals of the Act, and WHEREAS, under the cooperation agreements each participating Municipality agrees to exercise its power to carry our programs under the Act, and WHEREAS, the Municipality is one of such cooperating muluicipalities by having executed a cooperation agreement with the County under the Act and a copy of such agreement is on file with the County, and WHEREAS, the Municipality desires to conduct a project under the Urban County Program and the County desires that the Municipality conduct such program. NOW, THEREFORE, the County and the Municipality agree as follows: 1. SCOPE OF SERVICES The Municipality will be responsible for administering 2013 program year project(s) in a mariner satisfactory to the County and consistent with any standards required as a condition of providing these funds. Such program will include the following eligible activities as described in Schedule "A", which is attached hereto and made a part hereof. 2. BUDGET It is expressly agreed andunderstood that the total amount to be paid by the County under this agreement shall not exceed the total amount allocated specified in Schedule "B", which is attached hereto and made a part hereof. Vouchers for the payment of eligible expenses shall be made against the line item budgets specified in Schedule "B" herein and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Schedule "B" herein and in accordance with performance. The parties further agree that the County will reimburse according to the following limits: a. Administrative costs incurred by consultants implementing each individual project will be limited to 10% of the project final approved allocation. Said 10% allocation will include application development not to exceed $500.00 per final project. Application development reimbursement is not allowed for unapproved projects. b. Architectural, engineering and design costs for each individual project will be limited to 10% of that project's final approved allocation. c_ Requests for Payment shall be for amounts in excess of $250.00 per request, with the exception of the final request, which may be for a lesser amount. d. Requests for payment shall not be submitted with costs incurred prior to March 1, 2013 (the start of the 2013 CDBG program year) except for the application development cost as described above. Any revisions to the budget shall be subject to review and approval by the Community Development Administrator. A substantially revised budget may require an amendment to this agreement. The obligation of the County for payment and obligation of the Municipality for performance of activities hereunder shall be limited to funds received by the County from HUD for the purposes hereof. 3. TIME OF PERFORMANCE The term of this Agreement shall be eighteen (1 S) months from March 1, 2013 to August 31, 2014. The program year start date of March 1, 2013 is the established start date from which project completion deadlines are measured so that all project deadlines are consistent. Cost incurred within the term of this Agreement must be submitted by October 15, 2014 and expended by November 30, 2014. If funds are not expended in accordance with Schedule "A" and this paragraph, the County will rescind the expended balance of the grant allocation in the event an extension has not been granted. In such event, the funds will be reallocated by the County for other eligible activities and/or projects, although not necessarily for the benefit of the Municipality. 4. NOTICES Communication and details concerning this Agreement shall be directed to the following Agreement representatives: Coun Community Development Administrator Dutchess County Department of Planning and Development 27 High Street Poughkeepsie, NY 12601 Municipality Barbara Gutzler, Supervisor Town of Wappinger 20 Middlebush Rd., P.O. Box 324 Wappingers Falls, NY 12590 5. GENERAL CONDITIONS A. General Compliance The Municipality agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations, as amended, concerning Community Development Block Grants ("CDBG") and all federal regulations and policies issued pursuant to these regulations. The Municipality further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. The Municipality also agrees to comply with all applicable federal, state and local laws and regulations governing the funds provided under this Agreement. The Municipality shall not assign, sublet, subcontract or otherwise dispose of this agreement, or any right, duty or interest herein, without previous written consent of the County. No assignment, subletting, subcontracting or other disposition of this Agreement shall relieve the Municipality of its commitments hereunder to the County or for the completion of the performance required hereunder. The Municipality also agrees to comply with the directives of the County issued to ensure compliance with HUD regulations and requirements. The Municipality agrees: a. The Municipality shall prepare plans, specifications and bid documents as may be required to complete approved projects in accordance with federal, state and local laws. Said plans, specifications and bid documents shall be submitted to the County -for review and approval prior to public bidding or the use of municipal labor. b. The Municipality shall inform the County as to the bid publication date and the bid opening date. c. The Municipality shall contact the County after the bid opening for review and approval of the bidding process and to verify the current eligibility status of the contractor or subcontractors prior to awarding the contract. d. The Municipality shall submit periodic and/or ongoing detailed project status reports when submitting a Request for Payment to the County. e. The Municipality shall hold a pre -construction conference with the County, the principal contractor and all available subcontractors to apprise them of their responsibility and obligations regarding labor standards as required by HUD. This pre -construction conference requirement will also apply when municipal labor is involved. f. The Municipality shall make no alterations in the work and no extras shall be charged by the contractor except upon written request and approval by the County of such alterations and any modifications in original costs. Such changes are to be incorporated in a written change order, which shall be signed by the Municipality, the contractor and the County. g. The Municipality may make application for progress payments. The application shall include an itemization for all monies paid by the Municipality for labor performed and material supplied for the period covered by the application and a statement describing the work that was performed using such labor and materials. Progress payments will be issued upon approval by the Municipality and the County. h. All amounts due and payable to the Municipality for the work performed under this Agreement shall be payable within thirty (30) days after the work is satisfactorily completed and a properly executed payment request form is submitted to the County. Said payment request form must be approved by the County acting on behalf of HUD. i. The County, and any oral authorized representatives reserve the right to enter onto the project location and make periodic inspections. j. The County or HUD does not inspect to assure the Municipality that the work performed is done in accordance with plans, specifications, and work write-ups. Inspection by the County or IND does not create or imply any duty or obligation to the Municipality but is designed solely to assure the County and HUD that the Community Development funds are being used in accordance with the agreement. The Municipality is responsible for making periodic visits to the site sufficient to be familiar with the progress and performance of the work in order to protect the Municipality's interest. B. Hold Harmless The Municipality shall hold harmless, defend and indemnify the County from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Municipality's performance or nonperformance of the services and subject matter called for in this Agreement. This indemnification section shall survive the expiration or termination of this Agreement. C. Insurance At all times during the term of this Agreement, the Municipality and their sub-contractor(s), if any, shall maintain at their own cost and expense the following insurance and shall provide proof thereof to the County, in the form of a Certificate of Insurance, prior to commencing projects under this Agreement: (1) Statutory Worker's Compensation coverage, in compliance with the compensation Law of the State of New York. In the event the statute does not require coverage of the Municipality, the Municipality must complete NYS Workers' Compensation Board Form CE -200 and provide the County with a certificate of attestation of exemption. (2) General Liability Insurance coverage in the comprehensive or commercial general liability form including blanket contractual coverage for the operation of the program under this - 4 - Agreement in the amount of $1,000,000.00 per occurrence. This insurance shall 'include coverage for bodily injury and property damage and shall be on an occurrence form with a waiver of subrogation. The County must be listed as additional insured. (3) Automobile liability insurance coverage for all owned, leased, or non -owned vehicles in the arrib`t 000.00 per occurr ace. This insurance shall inZtadcveoe odily ury and property darn e County must be este insured. Payment(s) to the Municipality may be suspended in the event the Municipality and their sub- contractor(s), if any, fail to provide the required insurance documentation in a timely manner. Prior to cancellation or material change in any policy, a thirty (30) day notice shall be given to the County Attorney at the address listed below: Dutcbess County Attorney County Office Building 22 Market Street Poughkeepsie, NY 12601 Upon receipt of such notice, the County shall have the option to cancel this Agreement without further expense or liability to the County, or to require the Municipality to replace the cancelled insurance policy, or rectify any material change in the policy, so that the insurance coverage required by this paragraph is maintained continuously throughout the term of this Agreement in form and substance acceptable to the County. Failure of the Municipality to take out or to maintain, or the taking out or maintenance of any required insurance, shall not relieve the Municipality from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or to limit the obligations of the Municipality concerning indemnification. All losses of County property shall be adjusted with and made payable directly to the County. All Certificates of Insurance shall be approved by the County Director of Risk Management prior to commencement of any project under this Agreement. All policies of insurance referred to above shall ,be underwritten by companies authorized to do business in the State of New York and acceptable to the County. In addition, every policy required above shall be primary insurance and any insurance carried by the County, its officers, or its employees shall be excess and not contributory insurance to that provided by the Municipality. The additional insured endorsement for the Comprehensive General Liability insurance required above shall not contain any exclusion for bodily injury or property damage arising from completed operations. The Municipality and their sub-contractor(s), if any, shall be solely responsible for any deductible losses under each of the policies required above. Proof of additional insured coverage shall be evidenced through an additional insured endorsement provided by the insurance carrier. In the event that claims in excess of these amounts are filed in connection with this Agreement, the excess amount or any portion thereof may be withheld from payment due or to become due to the Municipality until the Municipality furnishes such additional security as is determined necessary by the County. - 5 -- D. ExecutoLy Clause The Dutchess County fiscal year begins on January 1" and ends on December 31" of any given year. Notwithstanding anything to the contrary contained herein, it is understood and agreed that this Agreement shall be deemed executory only to the extent of the funds, irrespective of their source, available to the County for the performance of the terms hereof: In the event the necessary funds to effect payment during the term of this Agreement become unavailable for whatever reason, then this Agreement shall cease and terminate at the option of either of the parties. Notice of the exercise of this option by either party shall be in writing and delivered by certified mail, return receipt requested. Upon receipt of the notice of termination from the County, any advance payment received and not expended, shall immediately be returned to the County. No liability on account thereof shall be incurred by the County beyond the funds available for the performance of the terms of this Agreement. It is further understood and agreed that neither this Agreement nor any representation by any public employee or officer creates any legal or moral obligation to request, appropriate or make available monies for the purpose of this Agreement. E_ Fundin The Municipality agrees to seek additional sources of funding, i.e., grants, for the program(s) that are the subject of this contract and notify the County, in writing, if itreceives additional sources of funding. The Municipality, through whatever medium it uses to communicate its mission, program or services, shall identify Dutchess County as a funding source. It shall do so by placing on its stationery, brochures, newsletters and other printed materials the following statement: "Paid for in part by Dutchess County." Whenever appropriate the Dutchess County Seal should be displayed along with the statement. Attribution in other media where the above statement would be cumbersome shall appropriately convey the role of Dutchess County'as a funding source. F. Amendments This Agreement shall not be changed or cancelled except in writing. The parties further agree that each project listed in the Scope of Services specified in Schedule "A" shall not be entitled to an amended change in scope. however, it is permissible to amend budget items specified in Schedule «B" G_ Extensions The Municipality will receive electronic notification six months prior to a project's established completion date as a reminder that the date is approaching. Should a Municipality wish to request an extension, this extension request must be submitted in writing upon receiving the notification of the project completion deadline. The County staff will review the extension request and the Commissioner of Planning and Development will make the final determination as to whether the extension is to be granted. Only one extension per project will be entertained by the Community Development Advisory Committee. The Municipality may be provided an extension if the Municipality has shown reasonable attempts to implement the project within the initial term of this Agreement. H. Suspension or Termination In accordance with 24 CFR 85.43, this Agreement may be suspended or terminated if the Municipality materially fails to comply with any term of the Agreement and that the Agreement may be terminated for convenience in accordance with 24 CFR 85.44. The County may terminate this Agreement, in whole or in part, on ten (10) day's written notice to the Municipality when the County deems such termination to be in the best interest of the County and after the occurrence of any of the following events: (1) A determination by the appropriate administrative authority of HUD that the Municipality has violated a provision of the Act, or any other federal law, rule or regulation, or administrative order applicable to this Agreement, after the Municipality has been notified and provided reasonable opportunity to demonstrate to the contrary as provided by applicable HUD rules and regulations. (2) A determination by the Community Development Administrator of the County that the Municipality has violated a provision of federal or state law, rule or regulation or administrative or executive order applicable to this Agreement, or has breached a term of this Agreement or has failed, in whole or part, to carry out its program as the same is described in Schedule "A" provided that before making such determination, the Community Development Administrator shall first notify the Municipality of the potential violation or breach and shall afford the Municipality, if the Municipality requests, the opportunity to submit written documentation and present oral evidence in support of its position to the Commissioner who shall consult with the CDAC in its advisory capacity. (3) The termination of the Urban County Program. In the event of any termination, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by the Municipality under this Agreement shall, at the option of the County, become the property of the County, and the Municipality shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. I. Non -Compliance In the event there is probable cause to believe the Municipality is in non-compliance with any applicable rules or regulations, the County may withhold funds until such time as the Municipality is found to be in compliance by the County, or is otherwise adjudicated to be in compliance. Upon termination of this Agreement, the Municipality shall transfer to the County any Community Development funds on hand at the time of expiration and any accounts receivable attributable to the use of Community Development funds. T. Performance Monitoring The County will monitor the performance of the Municipality against the project description and - 7 - outcomes in Schedule "A". Substandard performance as determined by the County will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by the Municipality within a reasonable period of time after being notified by the County, Agreement suspension or termination procedures will be initiated. 6_ ADMINISTRATIVE REQUIREMENTS A. Financial Man ement (1) Accounting Standards The municipality agrees to comply with. U.S. Office of Management and Budget's (OMB) Circular A-110 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls and maintain necessary source documentation for all costs incurred. (2) Cost Principles The Municipality shall administer its program in conformance with OMB Circular A-122, "Cost Principles for Non -Profit Organizations", or A-21, "Cost Principles for Educational Institutions", as applicable; and if the Municipality is a governmental or quasi -governmental agency, the applicable sections of 24 CFR Part 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments", for all costs incurred whether charged on a direct or indirect basis B. Documentation and Record -Kee in (1) Records to be Maintained The Municipality shall maintain all records required by the federal regulations specified in 24 CFR Part 570.506 and that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity. undertaken. b. Records demonstrating that each activity undertaken meets one of the following National Objectives of the CDBG program: 1) Principally benefits low and moderate income residents. 2) Eliminates or prevents slums and/or blight. 3) Meets an urgent need. c. Records required to determine the eligibility of activities. d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance. e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program. f. Financial records as required by 24 CFR Part 570.502, and OMB Circular A-110. g. Other records necessary to document compliance with Subpart K of 24 CFR 570. h. Records which demonstrate compliance with citizen participation requirements. i. Project status reports, labor compliance documentation and supporting payment request documentation, program income reports and annual audits. j. Performance and evaluation reports containing completed copies of 8 all forms and narratives, including a summary of the citizen comments received on the report. k. Equal employment opportunity and minority business enterprise reports. (2) Records Retention The Municipality shall retain all records pertinent to expenditures incurred under this Agreement for a period of six (6) years after the termination. of all activities funded under this Agreement, or after the resolution of all Federal audit findings, whichever occurs later. Records for non -expendable property acquired with funds under this Agreement shall be retained for six (6) years after final disposition of such property. Records for any displaced person must be kept for six (6) years after he/she has received final payment. (3) Property Records The Municipality shall maintain real property,inventory records, which clearly identify properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria and shall conform with the "change in use" restrictions as specified in 24 CFR Parts 570.503(b)(8) set forth below: Any real property under the Municipality's control that was acquired or improved in whole or in part with community development funds in excess of $25,000 must be: a. Used to meet one of the national objectives until five years after expiration of the agreement or such longer period of time as determined appropriate by the County, or b. Disposed of in a manner which results in the County being reimbursed in the amount of the current fair market value of the property less any portion thereof attributable to expenditures of non -community development funds for acquisition of, or improvement to, the property. (4) Audits & Ins ections The Municipality hereby agrees to have an annual agency audit conducted in accordance with OMB Circular A-133, Revised June 2007, Audits of States, Local Governments and Non -Profit Organizations, issued -pursuant to the single Audit Act of 1984 P.L. 98-502 and the Single Audit Act Amendments of 1996 P.L. 104-156, Standards for the Audits of States, Local governments, and Non -Profit Organizations expending Federal Awards. Non -Federal entities that expend $500,000 or more in a year in Federal Awards shall have a single or program specific audit conducted for that year in accordance with Circular A-133. The Municipality shall send to the County a copy of the single or program specific audit performed pursuant to this section. For Federal Awards totaling less than $500,000 records must be available for review or audit by the appropriate officials of the Federal Agency, the State of New York and Dutchess County. In addition, all Municipal records with respect to any matters covered by this Agreement shall be made available to the representative of the County, State or the Federal Government, at any time during normal business hours, as often as the County deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in any audit report must be resolved by the Municipality within 30 days after receipt by the Municipality of the notification of the deficiency. The Municipality must submit to the County a written notification of the correction of the deficiency. Failure of the Municipality to comply with the above audit requirements will constitute a violation of this Agreement and may, among other things, result in the withholding of fixture payments. The Municipality shall furnish and cause each of its contractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the County, HUD or its agent, or other authorized federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions state herein. C. Reporting and Payment Procedures (1) Program Income The Municipality shall report monthly all program income as defined at 24 CFR 570.500(a) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the Municipality shall comply with the requirements set forth at 24 CFR 570.504. Program income includes but is not limited to the following a. Proceeds from disposition of equipment purchased with community development funds. b. Net income from the rental or sale of real or personal property acquired by the Municipality with community development funds. c. Net income from the rental or sale of real property owned by the Municipality that was constructed or improved with community development funds. d. Interest earned on program income pending disposition of such income. (2) Indirect Costs If indirect costs are charged, the Municipality will develop an indirect cost allocation plan for determining the appropriate County share of administrative costs and shall submit such plan to the County for approval. (3) Payment Procedures The County will pay to the Municipality funds available under this Agreement based upon information submitted by the Municipality and consistent with any approved budget and County policy concerning payments. Payments will be made for eligible expenses actually incurred by the Municipality and not to exceed actual cash requirements. Payments will be adjusted by the County in accordance with advance fund and program income balances available in Municipality accounts. In addition, the County reserves the right to liquidate funds available under this Agreement for costs incurred by the County on behalf of the Municipality. (4) Progress Reports The Municipality shall submit periodic and/or ongoing detailed project status reports when -- 10 - submitting a Request for Payment to the County. D. Procurement All procurement transactions must be conducted in a manner that provides, to the maximum extent practical, open and free competition in accordance with 24 CFR 85.36 and OMB Circular A-110. The contract should be awarded to the lowest responsible bidder. (1) Third Party Informal Bid Construction Contracts(Under $7 000 a. The Municipality shall submit to the County bid plans and specifications for review and approval prior to bidding. b. The Municipality shall insert in the bid package the state and federal wage rates (Davis Bacon Act) for contracts over $2,000. Wage rates will be issued to the Municipality upon approval of the project's plans and specifications. c. The Municipality shall solicit in writing three written price quotes for contracts over $1,000 or two written price quotes for contracts under $1,000. d. The Municipality shall submit the quotes to the County for review and approval of the bid process and for verification of contractor eligibility prior to contract award. e. The Municipality shall hold a pre -construction conference with the County, the principal contractor and all available subcontractors. f The Municipality shall execute a written contract with the contractor. g. The Municipality shall submit contractor/subcontractor payroll sheets with the Request for Payment if the wage rates apply. h. The County shall conduct employee interviews if the contract is over $2,000. (2) Third Pgly Formal Bid Construction Contracts Over $7,000) a. The Municipality shall submit to the County bid plans and specifications for review and approval prior to bidding. b. The Municipality shall insert in the bid package the state and federal wage rates (Davis Bacon Act), which will be issued to the Municipality upon approval of the project's plans and specifications. c. The Municipality. shall place a bid advertisement in a local paper to solicit quotes. d. The Municipality shall contact the County after the bid opening for review and approval of the bid process and for verification of contractor eligibility prior to contract award. e. The Municipality shall hold a pre -construction conference with the County, the principal contractor and all available subcontractors. f. The Municipality shall execute a written contract with the contractor. g. The Municipality shall submit contractor/subcontractor payroll sheets with the Request for. Payment. h. The County will conduct employee interviews on the job site. (3) Procurement of Sup lies, Materials and Equipment (Under $5.000) The Municipality shall solicit in writing three written price quotes for contracts over $1,000 or two written price quotes for contracts under $1,000. The specifications are to be part of the bid process. (4) Procurement of Supplies, Materials and Equipment Over $5,000) a. The Municipality shall place an advertisement in a local paper to solicit quotes. b. The Municipality shall submit to the County a list of the bids received for review and approval of the bid process. c. The Municipality shall execute a written agreement with the firm awarded the contract. (5) Leasing Equipment With an Operator a. The Municipality shall solicit in writing three written price quotes. The specifications are to be part of the bid process. b. State and federal wage rates (Davis Bacon Act) will apply for contracts over $2,000. c. The County will conduct employee interviews if contract is over $2,000. (6) Retaining Professional Services a. The Municipality shall place a bid advertisement in a local paper or send letter to at least three sources requesting statements of qualification. The statements of qualification are required to be due on a specific date and time. All statements of qualification are to be submitted in a sealed envelope. The opening date and time is to be specified in the bid advertisement. b. The Municipality shall award bid to the most responsible firm whose proposal is most advantageous to the program, with price and other factors considered. c. The Municipality shall execute a written agreement with the chosen firm. The Municipality shall comply with current County policy concerning the purchase of equipment and shall maintain inventory records of all non -expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the County upon termination of this Agreement. E. Relocation Acquisition and Dis lacement The Municipality agrees to comply with 24 CFR 570.606 relating to the acquisition and disposition of all real property utilizing grant funds, and to the displacement of persons, businesses, nonprofit organizations and farms occurring as a direct result of any acquisition of real property utilizing grant funds. The Municipality agrees to comply with applicable County Resolutions and Policies, if any, concerning displacement of individuals from their residences. F. Labor Standards (1) Davis Bacon Requirements The Municipality agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Federal Labor Standards, Contract Work Hours, the Safety Standards Act as amended, the Copeland "Anti -Kickback" Act as amended (40 U.S.C. 276, 327-333) and all other applicable federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of - 12 - this Agreement. The Municipality shall maintain documentation which demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the County for review upon request. The Municipality agrees that, except with respect to the rehabilitation or construction of residential property designed for residential use for less than eight (8) households, all contractors engaged under contracts in excess of $2,000 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement, shall comply with federal requirements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR, Part 5 governing the payment of wages and ratio of apprentices and trainees to journeymen; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Municipality of its obligations, if any, to require payment of the higher wage. The Municipality shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph, for such contracts in excess of $10,000. (2) "Section 3" Clause a. Compliance Compliance with the provisions of "Section 3", the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the federal financial assistance provided under this Agreement and binding upon the County, the Municipality and any subcontractors, their successors and assigns, to those sanctions specified by the agreement through which federal assistance is provided. The Municipality certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. The Municipality further agrees to comply with these "Section 3" requirements and to include the following language in all subcontract executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of "Section 3" of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701. "Section 3" requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the areas of the project". The Municipality certifies and agrees that no contractual or other disability exists which would prevent compliance with the requirements. b. Notifications The Municipality agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this "Section 3" clause and shall post copies of the notice in conspicuous places - 13 - available to employees and applicants for employment or training. c. Subcontracts The Municipality will include this "Section 3" clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Grantor Agency. The Municipality will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 7. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights (l) Com fiance The Municipality agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973 as amended, the Americans with Disabilities Act of 1990 as amended, the Age Discrimination Act of 1975 as amended, Executive Order 11063 and Executive Order 11246 as amended by Executive Orders 11375 and 12086. (2) Non -Discrimination The Municipality will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status, or status with regard to public assistance. The Municipality will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. The Municipality agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting agency setting forth the provisions of this non-discrimination clause. (3) Section 504 The Municipality agrees to comply with any federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 as amended (20 U.S.C. 701) which prohibits discrimination against the handicapped in any federally assisted program. The County shall provide the Municipality with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. B. Affirmative Action (1) Approved Plan - 14 - The Municipality agrees that it shall be committed to carry out an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1965- (2) Women and Minority Business Enterprises The Municipality will use its best efforts to afford minority and women -owned business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. The Municipality shall use the State's current minority and women -owned business enterprises list when issuing all bid notices and provide the County with documentation that this was followed. As used in this Agreement, the term "minority and female business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish - heritage Americans, Asian -Americans, and American Indians. The Municipality may rely on written representations by Municipalities regarding their status as minority and female business enterprises in lieu of an independent investigation. (3) Equal Employment Opportunity and Affirmative Action Statement The Municipality will, in all solicitations or advertisements for employees placed by or on behalf of the Municipality; state that it is an Equal Opportunity or Affirmative Action employer. (4) Agreement Provisions The Municipality will include the provisions herein of Paragraphs VIII - A. Civil Rights and B. Affirmative Action, in every contract or purchase order, specifically or by reference, so that such provisions will be binding upon each contractor or vendor. C. Conduct (1) Conflict of Interest The Municipality agrees to abide by the provisions of 24 CFR 570.611 with respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. The Municipality ftzrther covenants that in the performance of this Agreement no person having such a financial interest shall be employed or retained by the Municipality hereunder. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the County, or of any designated public agency or Municipality which are receiving funds under the CDBG Entitlement program, (2) Co'ght If this Agreement results in any material subject to copyright laws, the County reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise -- 15 - use and to authorize others to use, the work for government purposes. (3) Religious Organization The Municipality agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the federal regulations specified in 24 CFR 570.2000). The following limitations and restrictions therefore apply: a. Funds may not be used for acquisition of property or the construction or rehabilitation of structures to be used for religious purposes or which -will otherwise promote religious interests. b. Funds may be used to rehabilitate buildings owned by primarily religious entities to be used for a wholly secular purpose. c. Funds may be used for eligible public services to be provided through a primarily religious entity where the religious entity enters into an agreement with the recipient or sub -recipient from which the community development funds were derived. (4) Bindin This Agreement shall be valid and binding once it has been approved by the Dutchess County Attorney's Office, executed by the County Executive and delivered to the Municipality at the address indicated in the introductory paragraph of this Agreement. (5) Enforcement Expenses The Municipality shall pay all costs and expenses, including reasonable Attorney's fees (in- house or retained counsel), that the County incurs in enforcing any of the terms of this Agreement. (6) Set -Off Rim The County shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the County's option to withhold for the purpose of set-off any moneys due to the Municipality under this Agreement up to any amounts due and owing to the County with regard to this Agreement, any other agreement with the County or any of its departments or agencies. This right of set-off includes any agreement for a term commencing prior to or subsequent to the term of this Agreement. The right of set-off shall include any amounts due to the County for any reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. ENVIRONMENTAL CONDITIONS The Municipality shall carry out each activity in compliance with all Federal laws and regulations except that: a. The County shall assume such environmental review, decision-making, and action responsibilities established in the execution of this agreement. b. The County shall assume the responsibility for initiating the environmental review process . under Executive Order 12372. c. The Municipality shall comply with all environmental conditions required as a result of the County's environmental review process. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. County Attorney's Office Commissioner of Planning and Development ACCEPTED: COUNTY OF DUTCHESS Marc Molinaro County Executive William FX ONeil Deputy County Executive TOWN OF WAPPINGER, — 17 Ird . �1! Municipality: Project Title: Funding: Program Year: Type Of Activity: Project Description: L/M Person Served: Population Served: Project Location: Area Served: Eligibility: National Objective Project Timeframe: Completion Deadline CJ V SCHEDULE "A" Town of Wappinger Challenger Field Restrooms $50,000.00 2013 Public Facilities & Infrastructure Improvements Complete improvements to the newly constructed Little League Challenger Field, a handicapped accessible baseball field for disable youth ages 5-18 by purchasing, placing and connecting a modular handicapped restroom facility, including the asphalt pad for placement_ 11,459 22,468 95 Robinson Lane, Dutchess County Wappingers Falls, NY 12590 570.201 (c) 570.208 (a)(2)(i)(A) March 1, 2013 -- August 31, 2014 August 31, 2014 18 - SCHEDULE "B" COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FINAL ALLOCATION FORM Municipality: TOWN OF WAPPINGER Project Title: CHALLENGER FIELD RESTROOMS CDBG Program Year: 2013 Account Number: CD8670.2700.5689 Allocation Amount: $50,000.00 A. PUBLIC INFRASTRUCTURE PROJECT BUDGET CD FUNDS OTHER FUNDS COST OF PROJECT 1. PROJECT ADMINISTRATION: -Consultant Fees (provide estimate hrs/rate) -Advertising -Legal Fees -Other 2. PRE -DEVELOPMENT (Engineering/Architectural): -Project Specifications -Inspections -Estimating -Other (Survey) 3. ACQUISITION 4. DEMOLITION: -Force Account (Town/Village/City Labor) -Contracted Labor 5. CONSTRUCTION: -Force Account (Town/Village/City Labor) -Contracted Labor -Materials (provide breakdown of cost est. below) 6. OTHER COSTS (SPECIFY) Construction Inspection COST ESTIMATE FOR MATERIALS: AL PROJECT —19- 1 1 $O ---- - }---------- ---- $0.00 --- ----- Woo; $0.00 $0.00 $0.00 $0.00 $0.00 $o.00: $0.40 _----i------------------------�------------------------- WMI1- $0.00; $0.00 I / ` ------------- 1 , --- -i---------------------------L------- 00.00" $0.00; -- $3,500.00 $1,000.001 -3iuuu; ------ _ai,vvu_vu ----------- ------------------------------- $0.00. $O ---- - }---------- ---- $0.00 --- ----- __--- $500.02,1 $0.00: $500.00 __-________..-____L________________ 1 .... 1 1 $4.001 $0.00; $0.00 1 ; / 1 ------- --------- ----�------------------------- ----------i--------------------- $0.4 4 ------------------ $D.40 ---------------------------- _-----0.00 $o.00, 1 $4.00 1 , 1 ------ ---- ---------------------------F------------------------- $0.001, $o.00; --$15,000:00 $0_._00_ -------------------------------------------- $15,000.00: -------$0.00+ -------- $30,004A0. $o.00' $30 000.00 -'------- -----------;---------------------------L--------------- ------F--1--------------------- ---- F------------------------- 001 $0.00; _ --_-------------- $0.00 --------- ----------------------------r------- 0.001 $0.00: $0.00 $50,006.001 $0.001 $5 . .., -.aa �. 'a. .... �� .. �•_.... . _ ._ �w �p N