HomeMy WebLinkAboutJAN 2024 Danby RFP for Program Delivery and Program AdministrationTOWN OF DANBY REQUEST FOR PROPOSALS
CDBG PROGRAM DELIVERY
AND ADMINISTRATIVE SERVICES
1. Request: The Town of Danby, located in Tompkins County, is seeking proposals from
qualified consultants or consulting firms to provide program delivery and administrative
services in conjunction with the Town's $153,900 New York State Community Development
Block Grant (NYS CDBG) Multifamily Housing Rehabilitation award, CDBG Project
#300HR327-23. M/WBE firms and Section 3 Businesses are strongly encouraged to
respond. The relevant information is set forth below.
2. Description of Grant: The New York State Community Development Block Grant (CDBG)
program provides financial assistance to eligible cities, towns and villages in order to develop
viable communities by providing decent, affordable housing and suitable living environments, as
well as expanding economic opportunities, principally for persons of low and moderate income.
The Town of Danby will use $153,900 in NYS CDBG funds to provide housing rehabilitation
assistance to 4-6 low-moderate income rental units (in 2-4 unit buildings). Assistance
will be provided to property owners of eligible low-moderate income rental units in the form of a
deferred payment loan to make code, health and safety, weatherization, and energy efficiency
repairs to their homes.
3. Services to be Provided:
a. Rehabilitation Program:
1. Provide final design for all rehabilitation activities;
2. Establish or update eligible contractors list;
3. Identify all eligible properties and contact property owners;
4. Establish rehabilitation guidelines;
5. Provide client intake and qualification;
6. Perform preliminary property inspections, prepare work w rite-ups
and cost estimates;
7. Assist property owners in contractor selection;
8. Bid all work;
9. Encumber contracts;
10. Prepare loan documents or deferred payment agreements;
Town of Danby 2
RFP – CDBG Multifamily Housing Rehabilitation Grant 2024
11. Work with Town's legal counsel placing mortgages on project properties, if
required;
12. Provide all necessary final inspections;
13. Act as liaison between Town, property owner, and contractor;
14. Monitor total expenditures on all properties and provide data on
program for all reports;
15. Provide an EPA Lead Based Paint Risk Assessor to assure program
complies with Lead Based Paint Hazard requirements;
16. Provide BPI certified energy audits for each project.
b. General Administration:
1. Prepare all necessary contract and payment documentation;
2. Maintain separate grant accounting system;
3. Prepare and submit status of fund reports and other reports to Town as
directed;
4. Work with Town to assure all accounting is included in Town
accounting system.
c. Miscellaneous:
1. Prepare Environmental Review pursuant to EPA and NYS
guidelines;
2. Prepare all documentation as required by NYS;
3. Attend meetings, as necessary;
4. Advise Town Planner, Town Board and Supervisor in all matters relating
to grant;
5. Prepare any amendments as necessary;
6. Prepare and submit Annual Performance Reports and Semi Annual
Status Reports and any other reports as required by NYS;
7. Prepare all close-out documentation required by NYS.
Town of Danby 3
RFP – CDBG Multifamily Housing Rehabilitation Grant 2024
4. Submission Requirements:
a. Statement of qualifications, including identification of similar programs
that have been administered;
b. Relevant references (minimum of five) including at least one each from the
Office of Community Renewal (OCR) and the NYS Division of Housing and
Community Renewal that are aware of work experience;
c. Management plan including identification and description of the location where
client services will be provided;
d. Timetable for completion of projects;
e. Cost proposal including:
1. Attach list of reimbursable costs and method of charging.
2. Attach schedule for disbursement of fee.
3. Attach fee for Lead Based Paint Risk Assessor services for each
project.
4. Attach fee for energy audit for each project.
f. Resumes, identity and qualifications of professional personnel to be
assigned to the program. Including rehabilitation specialist, administrative
support staff and a list of supervisor(s).
5. Evaluation Factors:
a. Qualifications and references; including experience in similar community
development projects administration (Minimum Qualifications are providing
Program Delivery and Administrative services for at least one CDBG housing
rehabilitation program funded by OCR); weighted at 50%;
b. Management and availability; including project schedules, management plan,
level of services provided, physical proximity to organization's personnel;
weighted at 15%;
c. Cost and reasonableness of fee; consider fees as related to service, charges
for reimbursable costs; weighted at 10%;
d. Other factors deemed important by the community; including previous
experience with the consultant; weighted at 25%.
Town of Danby 4
RFP – CDBG Multifamily Housing Rehabilitation Grant 2024
6. Time Frame:
a. Contract to be executed by Town and Consultant immediately following OCR
approval if applicable;
b. All projects to be completed per OCR contract schedule.
7. Method of Payment:
a. Administration and Program Delivery to be paid with CDBG funds in
accordance with the schedule outlined in the contract and pursuant to OCR
regulations;
b. All invoices for services will be reviewed and approved by the Danby Town
Board, which meet the first and third Mondays of each month.
8. Submission of Proposals:
a. The Town of Danby will accept proposals from qualified consultants and
consulting firms until Noon on February 16, 2024. Proposals should be clearly
marked “RFP – CDBG Multifamily Housing Rehabilitation 2024” on the
outside of the envelope and shall be received in the Town Clerk’s Office, which
is located at the Danby Town Hall, 1830 Danby Rd. Ithaca, NY 14850. Only
one copy is required to be submitted.
9. Selection and award of contract:
a. Proposals will be reviewed immediately upon receipt. Selection will be
made within 1 week and awarded upon OCR Review.
10. Budget:
a. Is provided in the attached CDBG contract
11. Questions about this RFP:
a. For further information please contact Town Planner, Greg Hutnik, by phone
at 607-592-0417 or by email, planner@danby.ny.gov
Town of Danby 5
RFP – CDBG Multifamily Housing Rehabilitation Grant 2024
Attachment A – CDBG Contract
NEW YORK STATE
COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
Project No. 300HR327-23
AGREEMENT, made effective as of December 14, 2023, between the Housing Trust Fund
Corporation (HTFC), represented by the Office of Community Renewal (collectively the
"Corporation"), with offices at 38-40 State Street, Hampton Plaza, 4th Floor, Albany, New York,
12207, and Town of Danby ("Recipient"), a unit of general local government, with offices at 1830
Danby Road Town Hall, Ithaca, New York 14850.
WHEREAS, pursuant to Title I of the Housing and Community Development Act of 1974, as
amended ("Act"), the Corporation is authorized to administer and distribute Community Development
Block Grant ("CDBG") funds to units of general local government in non-entitlement areas located in
the State of New York ("State"); and
WHEREAS, the Recipient has applied to the Corporation for CDBG funds to finance the
community development activities ("Project"), as described in the Recipient's Program Year 2023
Grant application ("Application"); and
WHEREAS, the Corporation has selected the Recipient to receive an award in an amount not to
exceed $153,900 ("Grant Funds").
NOW, THEREFORE, the parties agree that the Grant Funds will be administered in accordance
with the following terms and conditions:
1. Contents of Agreement. The following documents are incorporated by reference into this
Agreement as if fully set out herein: a) the Recipient's approved Application and accompanying
submissions, as modified by the terms of this Agreement or any subsequent amendment approved
by the Corporation; b) the Corporation's CDBG Grant Administration Manual and its Program
Guidelines (as now in effect and as may be revised from time to time); c) applicable Federal and
State law and regulations, as may be amended, including, but not limited to, Department of Housing
and Urban Development ("HUD") regulations found at 24 CFR Part 570; d) Schedule A, "Special
Conditions", Schedule B, "Awarded Budget and Accomplishment Data" attached hereto.
2. Recipient Performance. a) The Recipient agrees to utilize Grant Funds only to implement the
activities described in, and in accordance with the terms of: (i) the Recipient's application, as
amended by the Special Conditions attached as Schedule A; (ii) this Agreement; and (iii) all
applicable State and Federal laws and regulations. This provision shall survive the termination or
expiration of this Agreement. b) The period of performance for all activities (with the exception of
those activities required for the close out and final audit) assisted pursuant to this Agreement shall
commence on the effective date of this Agreement and shall end January 13, 2026. No project
activity costs may be incurred nor payment requests processed after this date.
3. Grant Funds. a) The amount of Grant Funds that the Corporation has agreed to provide the
Recipient under this Agreement is expressly conditioned upon the Corporation's receipt of CDBG
funds from HUD pursuant to the Act. b) The Grant Funds to be disbursed hereunder shall not exceed
the amount first set forth in this Agreement, and any additional funds required to complete the Project
will be the sole responsibility of the Recipient. c) The Grant Funds are based upon the cost estimates
provided by the Recipient in its Application. The Corporation reserves the right to reduce the Grant
Page 1 of 11300HR327-23 CDBG Grant Agreement
Funds: (i) to conform to any revision to which the parties may agree with respect to the Recipient's
Application; or (ii) if the actual costs for the approved activities are less than those budgeted for in
the Recipient's Application.
4. Disbursement of Grant Funds. a) The Recipient is authorized to request Grant Funds only in
accordance with the provisions of this Agreement and the procedures established by the Corporation.
No payment by the Corporation of an improper or unauthorized request shall constitute a waiver of
the Corporation's right to: (i) challenge the validity of such payment; (ii) enforce all rights and
remedies set forth in this Agreement; or (iii) take corrective or remedial administrative action
including, without limitation, suspension, or termination of the Recipient's funding under this
Agreement. b) The Recipient shall certify with each request for Grant Funds that: (i) all statements
and representations previously made regarding this Agreement are correct and complete and (ii) the
funds do not duplicate reimbursement of costs and services from any other source. c) The use of
Grant Funds is conditioned upon the Recipient incurring costs permitted under the terms of this
Agreement or as otherwise approved by the Corporation in writing. The Recipient shall not incur
costs to be charged against Grant Funds until all Environmental Conditions of 24 CFR Part 58 have
been fully satisfied and the Corporation has issued the environmental clearance required thereunder,
unless the activity is exempt under section 58.34 or falls under a categorical exclusion listed in
section 58.35(b).
5. Use of Grant Funds to Make Loans. a) If the Recipient utilizes Grant Funds to make loans and
this Agreement is terminated, or if there is a finding by the Corporation of deficient performance or
inadequate management capacity by the Recipient, the Corporation shall have the right to require
that all payments due under the loan be paid directly to the Corporation, and the Corporation shall be
entitled to all rights and remedies under any loan documents between the Recipient and the property
owner/ loan's borrower. The following language must be inserted into every Promissory Note that
evidence a loan of Grant Funds by the Recipient:
"The Lender, in consideration of the Community Development Block Grant ("CDBG") awarded to it by
the Housing Trust Fund Corporation ("HTFC"), assigns all of its rights and remedies under this
Promissory Note to HTFC. In the event (i) the CDBG Agreement entered into between the Lender
and HTFC is terminated for any reason, or (ii) HTFC, in its sole and absolute discretion, finds
deficient performance, any wrongdoing on the part of Recipient, sub-recipient or “borrower, or
inadequate management capacity on the part of the Lender, HTFC shall have the right to notify the
Debtor under this Promissory Note to make payment directly to HTFC, and to enforce any and all
obligations of the Debtor under this Promissory Note or any other loan instrument executed in
connection herewith. Until such time as HTFC elects to exercise such rights by mailing to Lender and
Debtor written notice thereof, Lender is authorized to collect payments and enforce all rights under
this Promissory Note." b) If funding property(ies) which are non-owner occupied residential rental
unit(s), the Recipient shall, and shall cause the owner of said propert(ies) ("Awardee"), to enter into a
regulatory agreement between the Corporation and the Awardee ("Regulatory Agreement"), a
construction loan agreement between the Corporation and the Awardee (the "Construction Loan
Agreement") and a grant enforcement mortgage between the Corporation and the Awardee ("Grant
Enforcement Mortgage") and further shall require the units to remain affordable for the term of the
Regulatory Agreement as set forth in Schedule C "Period of Affordability".
6. Award Increases and Extensions. The Corporation may, at its sole discretion, provide
need-based awards to commit additional grant funds specifically for the continuance or expansion of
CDBG eligible activities. The Corporation may, at its sole discretion, also provide multi-year grant
agreements based on the Corporation’s available CDBG funds. Additional funds are subject to board
Page 2 of 11300HR327-23 CDBG Grant Agreement
approval.
7. Subcontracts. The Recipient shall: a) require any participating Subrecipient, Borrower, Awardee,
contractor, subcontractor, or agent ("Third Party") to comply with all applicable Federal, State and
Local laws and regulations; b) adopt and perform such review and inspection procedures as are
necessary to ensure compliance by a Third Party with all applicable Federal, State and Local laws
and regulations; c) require any Third Party to indemnify the Corporation and the Recipient against
any and all claims arising out of the Third Party's performance of work; d) remain fully obligated
under this Agreement notwithstanding its designation of a Third Party to undertake all or any portion
of the Project.
8. Program Income. Program Income is defined as the gross income, which includes principal and
interest, of the Recipient or its Subrecipients that was generated from the use of CDBG funds when
such total exceeds $35,000 as provided in 24 CFR 570.489(e). When the income is generated by an
activity that is only partially funded with CDBG funds, the income must be prorated to reflect the
percentage of CDBG used.
The gross income from the CDBG funds must be accumulated in a separate local account. If during
the State's fiscal year (April 1 - March 31), the gross income does not exceed $35,000, the funds are
considered miscellaneous revenue and may be retained by the Recipient and moved to its general
account at the end of the State's fiscal year. However, prior to moving the funds to the general
account, the Recipient must submit the account bank settlements to OCR, for the State's fiscal year,
to demonstrate that the gross income did not exceed $35,000. The OCR will provide written approval
to transfer. However, if during the State's fiscal year, the gross income exceeds $35,000, then all
funds received, including the initial $35,000, are considered Program Income and must be returned
to HTFC at the end of the State's fiscal year with a Program Income Report. Nevertheless, no
Program Income may be directly disbursed to activities by the Recipient or Subrecipients without
HTFC written consent.
Gross income accrued after the grant has been closed out by the HTFC may still be Program Income
if it exceeds $35,000 during the State's fiscal year, in which case it must be returned to the HTFC.
Real property sold within five (5) years from the date of closeout by the HTFC, must be included in
gross income for the purposes of determining Program Income. However, after five (5) years from the
date of closeout by the HTFC, any proceeds from the sale of real property purchased or improved
with CDBG funds are not considered Program Income and may be retained by the Recipient.
Notwithstanding any other provisions of this clause, all revolving loan fund income, both of principal
and interest, is Program Income. Revolving loan fund income must be returned monthly upon receipt
to the HTFC. Revolving loan fund income is not included in the total gross income calculation when
determining program income.
9. Uniform Administrative Requirements. The Recipient shall comply or cause compliance with
the Uniform Administrative Requirements as set forth in 2 CFR Part 200 and the Uniform
Administrative Requirements, Cost Principals and Audit Requirements and as described in 24 CFR
Part 570, subpart I and K, as applicable and as may be amended from time to time.
10.Other Program Federal Requirements.
The Recipient shall, during the term of this Contract, carry out each activity in compliance with all
Federal laws, the Statutes, and regulations as applicable described in 24 CFR Part 570, subpart I
and K.
Page 3 of 11300HR327-23 CDBG Grant Agreement
A. Citizen Participation: 24 CFR 570.486, requiring each unit of general local government
meet the requirements as required by the state at 24 CFR 91.115 (e). Which provides for and
encourages citizen participation, particularly by low- and moderate-income persons.
B. Environmental Standards: This project is subject to environmental review under the
National Environmental Policy Act (NEPA) and State Environmental Quality Review Act
(SEQRA). An Environmental Review Record (ERR) and a Request for Release of Funds
(RROF) or concurrence must be approved by the Corporation prior to incurring any project
costs. All Environmental Review requirements, can be found in Chapter 2 of the Corporation's
CDBG Grant Administration Manual.
C. Nondiscrimination and Debarred Contractors: In compliance with 24 CFR 570.60, the
Recipient must comply with the Federal requirements set forth in 24 CFR Part 5, subpart A,
which includes non-discrimination and equal opportunity, disclosure requirements, debarred,
suspended or ineligible contractors (each contractor employed on a CDBG assisted project
must be documented that he/she is not on the Federal debarred, suspended or ineligible
contractor list) and drug-free workplace.
D. Displacement, Relocation, and Acquisition: The CDBG Program is subject to an overall
policy of minimizing displacement and is subject to the Uniform Relocation Act (URA) and
Section 104(d) of the Housing and Community Development Act of 1974, as amended. The
Recipient must ensure that it has taken all reasonable steps to minimize the displacement of
persons (families, individuals, businesses, nonprofit organizations, and farms) as a result of a
project assisted with CDBG funds.
E. Labor Requirements: 40 USC, Chapter 3, Section 276a-276a-5; and 29 CFR Parts 1, 3, 5,
6 and 7 are triggered when construction work over $2,000 is financed in whole or in part with
CDBG funds. It requires that workers receive no less than the prevailing wages being paid for
similar work in the same area. Davis-Bacon does not apply to the rehabilitation of residential
structures containing less than eight (8) units or force account labor (construction carried out by
employees of the Recipient).
F. Conflict of Interest: 24 CFR 570.489 (h): No person(s) who exercise or who have exercised
any functions or responsibilities with respect to activities assisted with CDBG funds or who are
in a position to participate in decision making process or gain inside information with regard to
CDBG- assisted activities may obtain a financial interest or financial benefit from a
CDBG-assisted activity, or have a financial interest in any contract, subcontract, or agreement
with respect to the CDBG-assisted activity or the proceeds from such activity, either for
themselves or those with whom they have business or immediate family ties during their tenure
or for one year thereafter. Immediate family ties include (whether by blood, marriage, or
adoption) the spouse, parent (including a stepparent), child (including a stepchild), brother,
sister (including a stepbrother or stepsister) grandparent, grandchild, and in-laws or a covered
person. Further, no officer, employee, agent, elected official, appointed official, or consultant of
a covered person may occupy a CDBG- assisted affordable housing unit in the Project.
G. Section 3: Recipients of CDBG funds must comply with the provisions set forth at 24 CFR
Part 135. The work to be performed under this contract is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u
(Section 3). A Section 3 Compliance Plan must be submitted and is available
https://hcr.ny.gov/S3ParticipationPlan Annual Section 3 Reporting will be required, the report is
Page 4 of 11300HR327-23 CDBG Grant Agreement
available here, https://hcr.ny.gov/S3SubReportingForm.
H. Affirmatively Furthering Fair Housing: Pursuant to 24 CFR 570.487, each unit of general
local government is required to certify that it will affirmatively further fair housing throughout the
community as defined in 65 CFR 16715. The Recipient is required to report on an Annual
Basis, in January of each year, through the Annual Performance Report as set forth in the NYS
CDBG policies and procedures.
I. Affirmative Marketing: Recipients of NYS CDBG funds must comply with an approved
affirmative marketing, tenant selection and long-term management guidelines and plan
requirements, and in compliance with the policies and procedures promulgated by HCR and
HTFC, as to marketing and tenant selection requirements, and to comply with all federal, New
York State and local fair housing and non-discrimination laws, as applicable. The policy must be
reviewed and updated every five (5) years.
J. Equal Employment and Minority and Women Owned Business Participation: Under the
terms of Executive Order 11246, CDBG Recipients are required to include the equal opportunity
clause in all non-exempt federally-assisted contracts for more than $10,000, as set forth in 202
of Executive Order 11246; and ensure that all federally-assisted construction contractors and
subcontractors on a NYS CDBG-assisted project take affirmative actions to ensure that
employees and applicants for employment are not discriminated against because of race, color,
religion, sex, or national origin.
Under Article 15A of the New York State Executive Law, all award recipients and their
contractors are required to comply with the Equal Employment Opportunity provisions of
Section 312 of that Article. Also, all contractors and awardees are required to make affirmative
efforts to ensure that New York State Certified Minority and Women Owned Business
Enterprises are afforded opportunities for meaningful participation in projects through inclusion
on the list of contractors funded by HTFC pursuant to Section 313 of the Article. Visit NYS
Empire State Development’s Division of Minority & Women Business Development website for
a directory of certified Minority and Women Owned Businesses :
http://www.esd.ny.gov/MWBE.html
K. Affordability: In compliance with 24 CFR 570.208(a)(3) and §570.483(b)(3), Recipients of
NYS CDBG funds must ensure assisted rental units are occupied by and affordable to low- and
moderate-income tenants.
L. Build America, Buy America Act: In compliance with the Buy America Domestic Content
Procurement Preference (the “Buy America Preference” or “BAP”) of the Infrastructure
Investment and Jobs Act, Pub. L. No. 117-58, all iron, steel, non-ferrous metals, composite
building materials, plastic and ploymer based pipe and tube, and lumber used in a CDBG
project for infrastructure must be produced in the United States - this means all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the
United States.
“Infrastructure” projects include, at a minimum, the structures, facilities, and equipment for, in
the United States, roads, highways, and bridges; public transportation; dams, ports, harbors,
and other maritime facilities; intercity passenger and freight railroads; freight and intermodal
facilities; airports; water systems, including drinking water and wastewater systems; electrical
transmission facilities and systems; utilities; broadband infrastructure; and buildings and real
Page 5 of 11300HR327-23 CDBG Grant Agreement
property. Infrastructure includes facilities that generate, transport, and distribute energy.
De Minimis and Small Grants Waivers: (a) HUD has waived the application of the BAP for
infrastructure projects whose total cost (including HUD funding and funding from any other
source) is an amount equal to or less than the 2 CFR 200.1 Simplified acquisition threshold,
which is currently $250,000; (b) HUD has waived the application of the BAP for all Small Grants
of Federal Financial Assistance provided by HUD that are equal to or below the Simplified
acquisition threshold, which is currently $250,000. (However, if FFA provided by HUD is
combined with other FFA from another Federal agency, and the total amount of FFA in a single
project is greater than the Simplified acquisition threshold, then the waiver shall not apply to the
FFA provided by HUD.); and (c) HUD has waived the application of the BAP for a de minimis
portion of an infrastructure project, meaning a cumulative total of no more than five percent
(5%) of the total cost of the iron, steel, manufactured products, and construction materials used
in and incorporated into the infrastructure project, up to a maximum of $1 million.
M. Violence Against Women Act (VAWA): CDBG funds provided for rental housing must meet
all requirements in accordance with 24 CFR 92.359 including, but not limited to, notification,
bifurcation of lease, compliant lease addendums, and emergency transfer plans. This
requirement applies to the owner of rental housing for the period of affordability.
11. Insurance. During the Term, the Recipient shall take all adequate measures to safeguard against
the risk of liability for injuries or death of employees of the Recipient, contractors and subcontractors,
and of any other persons. The Recipient shall provide the Corporation with an insurance certificates
for a) comprehensive general liability coverage in a minimum amount of one million dollars naming
the Corporation and the State of New York as additional insureds, together with b) crime/fidelity
coverage in an amount not less than the largest anticipated disbursement request for Program funds
naming the Corporation as loss payee, and c) certificates for automobile insurance (if applicable), fire
insurance, workers' compensation, and disability benefits. All certificates shall be with a New York
State licensed carrier of insurance. Within two (2) business days of having received any notice of
non-renewal, cancellation, termination, or rescindment for any type of insurance required herein; the
Recipient shall provide the Corporation with a copy of such notice, either by facsimile or email (in pdf
format) to the signatory hereof, together with an explanation of any efforts taken to reinstate such
coverage. The Recipient may not cancel, terminate or fail to renew any insurance policy required
herein, unless and until the Recipient has received the Corporation’s written consent thereto.
12. Records. The Recipient shall and shall cause any Borrower, as applicable, to keep and maintain
complete and accurate books, records and other documents as shall be required under applicable
Federal and State rules and regulations, including, but not limited to, the Corporation's Grant
Administration Manual, the Regulatory Agreement, and the Grant Enforcement Mortgage, as
applicable and as may be requested by the Corporation to reflect and fully disclose all transactions
relating to the receipt and expenditure of Grant Funds and administration of the Project. All such
books, records, and other documents shall be available for inspection, copying and audit at all
reasonable times by any duly authorized representative of the State or Federal government. All such
records shall be maintained and available for inspection, copying and audit during the term and for
seven years following the final disbursement of the Grant Funds.
13. Reports. The Recipient, at such times and in such form as the Corporation may require, shall
furnish the Corporation with such periodic reports as it may request pertaining to the Project, the
costs and obligations incurred in connection therewith, and any other matters covered by this
Page 6 of 11300HR327-23 CDBG Grant Agreement
Agreement. Such reporting requirements can be found in Corporation's CDBG Grant Administration
Manual and corresponding laws, regulations, and statutes, the attached Schedule C, Period of
Affordability, the Regulatory Agreement, Construction Loan Agreement and the Grant Enforcement
Mortgage.
14. Performance Review. The Corporation shall conduct periodic reviews in such manner and at
such times as it shall determine for the purpose, among other things, of ascertaining the quality and
quantity of the Recipient's activities, as well as their conformity to the provisions of this Agreement,
and the financial integrity and efficiency of the Recipient.
15. Notice of Investigation or Default. The Recipient shall notify the Corporation within five (5)
calendar days after obtaining knowledge of a) the commencement of any investigation or audit of its
activities by any governmental agency; or b) the alleged default by the Recipient under any
mortgage, deed of trust, security agreement, Loan agreement or credit instrument executed in
connection with the Project, or c) the allegation of ineligible activities, misuse of the Award, or failure
to comply with the terms of the Recipient's approved application. Upon receipt of such notification,
the Corporation may, in its discretion, withhold or suspend payment of some or all of the Award for a
reasonable period of time while it conducts a review of the Project’s activities and expenditures.
16. Default. a) If an Event of Default as defined below shall occur, all obligations on the part of the
Corporation to make any further payment of Grant Funds shall, if the Corporation so elects, terminate
and the Corporation may, in its discretion, exercise any of the remedies set forth herein; provided,
however, that the Corporation may make any payments after the happening of an Event of Default
without thereby waiving the right to exercise such remedies, and without becoming liable to make any
further payment(s). b) The following shall constitute an Event of Default hereunder: (i) if the Recipient
fails, in the opinion of the Corporation, to comply with or perform any provision, condition or covenant
contained in this Agreement, any applicable State or Federal law or regulation, or the program
policies and procedures established by the Corporation; (ii) if at any time any presentation or
warranty made by the Recipient shall be incorrect or materially misleading; (iii) if a lien for the
performance of work or the furnishing of labor or materials is filed against the Program or any
improvement financed thereunder and remains unsatisfied, undischarged or unbonded at the time of
any request for disbursement or for a period of twenty (20) days after the date of filing of such lien;
(iv) if the Recipient shall fail to comply with any of the terms of any mortgage, deed of trust, security
agreement, loan agreement, credit agreement or other instrument executed in favor of any other
party; (v) if the Recipient has failed to commence the Project in a timely fashion or has failed to
complete the Project on or before the Completion Date, or any wrongdoing on the part of Recipient,
subrecipient, Awardee or borrower; (vi) the Recipient or its subrecipient, borrower or awardee, as
applicable, defaults under the Regulatory Agreement, Construction Loan Agreement or the Grant
Enforcement Mortgage as applicable; (vii) if the housing acquired or improved by Grant Funds does
not meet the affordability requirements in accordance with the Schedule C c) Upon the happening of
an Event of Default, the Corporation may, in its discretion, exercise any one or more of the following
remedies, either concurrently or consecutively, and the pursuit of any one of such remedies shall not
preclude the Corporation from pursuing any other remedies contained herein or otherwise provided
at law or in equity: (i) terminate this Agreement, provided that the Recipient is given at least thirty (30)
days prior written notice; (ii) commence a legal or equitable action to enforce performance of this
Agreement; (iii) withhold or suspend payment of Grant Funds; (iv) exercise any corrective or
remedial action, to include, but not be limited to, advising the Recipient to suspend, discontinue or
refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the
Corporation for the amount of Grant Funds expended or used in an unauthorized manner or for an
Page 7 of 11300HR327-23 CDBG Grant Agreement
unauthorized purpose; (v) require repayment of Grant Funds in whole or in part. d) In the event this
Agreement is terminated by the Corporation for any reason, or upon the closeout of the Project,
unless the Recipient obtains the prior written consent of the Corporation to the contrary, all unspent
Grant Funds held by the Recipient shall immediately be turned over to the Corporation, and the
Corporation shall have no further liability or obligation under this Agreement; provided, however, that
nothing herein is intended to relieve the Corporation of its obligation to pay for services properly
performed by the Recipient prior to such termination. Notwithstanding any such termination or
closeout, the Recipient shall remain liable to the Corporation for any unspent Grant Funds, the
expenditure or use of the Grant Funds in a manner or for a purpose not authorized by this
Agreement, or damages as a result of any breach of this Agreement by the Recipient. The
Corporation shall have the right, at any time prior or subsequent to any such termination or closeout,
to pursue any and all available remedies, including seeking injunctive or other equitable relief, to
enforce the provisions of this Agreement and to recover Grant Funds which are unspent, expended
or used in an unauthorized manner or for an unauthorized purpose.
17. Indemnification. To the fullest extent permitted by law, the Recipient shall defend, indemnify and
hold harmless the Corporation and its agents and employees from and against any and all claims,
actions, damages, losses, expenses and costs of every nature and kind, including reasonable
attorneys' fees, incurred by or asserted or imposed against the Corporation, as a result of or in
connection with the Project. All money expended by the Corporation as a result of such claims,
actions, damages, losses, expenses, and costs, together with interest at a rate not to exceed the
maximum interest rate permitted by law, shall be immediately upon reasonable notice due and
payable by the Recipient to the Corporation.
18. Non-Liability. Nothing contained in this Agreement or elsewhere shall impose any liability or duty
whatsoever on the State, the Corporation, or any agency or subdivision of the foregoing except as
otherwise expressly stated in this Agreement.
19. Statute of Limitations. No action shall lie or be maintained against the State or the Corporation
upon any claim based upon or arising out of this Agreement or the work performed hereunder or
anything done in connection therewith, unless such action shall be commenced within one (1) year
from the termination or expiration of this Agreement or six (6) months from the accrual of the cause of
action, whichever is earlier.
20. Service of Process. In addition to the methods of service allowed by the State's Civil Practice
Law & Rules, the Recipient hereby consents to service of process upon it by registered or certified
mail, return receipt requested. Service hereunder shall be complete upon the Recipient's actual
receipt of process or upon the Corporation's receipt of its return by the United States Postal Service
marked "refused" or "undeliverable". The Recipient must promptly notify the Corporation, in writing, of
each and every change of address to which service of process can be made. Service by the
Corporation to the last known address shall be deemed sufficient. The Recipient shall have thirty (30)
calendar days after service is complete in which to respond.
21. Notices. All notices, requests, approvals, and consents of any kind made pursuant to this
Agreement shall be in writing and shall be deemed to be effective as of the date it is sent by certified
mail, return receipt requested. Such written communications shall be mailed to the respective party's
address first set out herein or at such other address as may be provided in writing, except that notice
of such change of address shall be deemed to have been given the date it is received.
Page 8 of 11300HR327-23 CDBG Grant Agreement
22. Severability. Should any part, term, or provision of this Agreement be decided by a court of
competent jurisdiction to be invalid, unenforceable, illegal, or in conflict with any law, the validity,
legality, and enforceability of the remaining portions shall not be affected or impaired.
23. Nonwaiver. The Corporation's failure to insist upon the strict performance of any provision of this
Agreement, or to exercise any right based upon a breach thereof or the acceptance of any
performance during such breach, will not constitute a waiver of any of its rights under this Agreement.
24. Assignment. No right, benefit or advantage inuring to the Recipient, and no obligation imposed
on the Recipient, under this Agreement may be assigned without the prior written approval of the
Corporation.
25. Successors and Assigns. This Agreement shall be binding upon the successors in office of the
respective parties and assigns.
26. Assurance of Authority. The Recipient hereby assures and certifies that: a) The Recipient is
duly organized and validly existing under the laws of the State, and has all the requisite power and
authority to enter into this Agreement and to assume the responsibilities for compliance with all
Federal and State laws and regulations. b) A resolution, motion, order or ordinance has been duly
adopted, passed, or enacted as an official act of the Recipient's governing body, authorizing the
execution and delivery of this Agreement by the Recipient and authorizing and directing the person
executing this Agreement to do so for and on behalf of the Recipient, said acts being done in such
manner and form as to comply with all applicable laws to make this Agreement the valid and legally
binding act and agreement of the Recipient. c) There is no action, proceeding, or investigation now
pending, nor any basis therefore, known or believed by the Recipient to exist, which (i) questions
the validity of this Agreement, or any action taken or to be taken under it, or (ii) is likely to result in
any material adverse changes in the authorities, properties, assets, liabilities, or conditions
(Financial or otherwise) of the Recipient which would materially and substantially impair the
Recipient's ability to perform any of the obligations imposed upon the Recipient by this Agreement.
d) The representations, statements, and other matters contained in the Recipient's Application were
true and complete in all material respects as of the date of filing. The Recipient is aware of no event
that would require any amendment to the Application that would make such representations,
statements, and other matters true and complete in all material respects and not misleading in any
material respect. The Recipient is aware of no event or other fact that should have been, and has
not been, reported in the Application. e) Insofar as the capacity of the Recipient to carry out any
obligation under this Agreement is concerned, (i) the Recipient is not in material violation of its
Charter, or any mortgage, indenture, agreement, instrument, judgment, decree, order, statute, rule
or regulation and (ii) the execution and performance of this Agreement will not result in any such
violation.
27. Photography Release. Recipient shall require any Third Party to execute a photography
release, an example of which is available in the OCR website at
https://hcr.ny.gov/community-development-block-grant or a release in substantially similar form
thereof.
28. Expenditure of Funds. Recipient shall complete the Environmental Review Record, obtain
approval for a Request for Release of Funds and submit the first request for funds to the OCR
within 180 days of the date of the grant award.
Page 9 of 11300HR327-23 CDBG Grant Agreement
If a proposed project is not committed or completed, Program Delivery and Project Costs are not
eligible as there is no CDBG-eligible activity. Costs incurred and funds disbursed for projects that do
not advance are subject to repayment.
29. Project Completion. Recipient shall submit the Final Annual Performance Report and report all
accomplishments within six (6) months of the final request for funds or within thirty (30) days of the
termination date of this agreement, whichever occurs first.
30. Modification. All contract amendments, modificatons, or cancellations must be requested in
writing by the recipient. Upon approval by the Corporation, amendments to contract term/duration
must be executed by the Corporation. Other amendments or modifications require execution by both
Subrecipient and Corporation.
31. Interpretation. The captions and headings of the various sections herein are for convenience
only and do and shall not be deemed to, define, limit, or construe the contents of such sections.
32. Entire Agreement. This Agreement, including the attached schedules, constitutes the entire
agreement between the parties and supersedes all prior oral and written agreements with respect to
this Grant. This Agreement shall be governed by, construed, and enforced in accordance with the
laws of the State.
Page 10 of 11300HR327-23 CDBG Grant Agreement
IN WITNESS WHEREOF, this Agreement has been executed by a duly authorized representative
of the parties.
Housing Trust Fund Corporation
By: ________________________
Name:Crystal Loffler
Title:President
Office of Community Renewal
Town of Danby
By: _________________________
Name:Joel Gagnon
Title:Supervisor
STATE OF NEW YORK )
COUNTY OF _______________) ss.:
On the __________ day of _____________, in the year ______, before me, the undersigned, a
Notary Public in and for said State, personally appeared ________________________, personally
known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose
name(s) is (are) subscribed to the within instrument and acknowledged to me that they executed
the same in their capacity(ies), and that by their signature(s) on the instrument, the individual(s), or
the person upon behalf of which the individual(s) acted, executed the instrument.
___________________________
NOTARY PUBLIC
This contract has been approved by the Housing Trust Fund Corporation's Counsel as to form and its
Treasurer as to fiscal sufficiency.
Page 11 of 11300HR327-23 CDBG Grant Agreement
SCHEDULE A
Conditions to Execute the NYS CDBG Grant Agreement
1. Demonstrate compliance with NYS Executive Order 16. Awardees of NYS CDBG funds must
complete and execute the “Certification Under Executive Order No. 16 Prohibiting State Agencies
and Authorities from Contracting with Businesses Conducting Business in Russia”.
A template is available on the OCR website at:
<https://hcr.ny.gov/system/files/documents/2022/11/eo16_certification.pdf>, and is listed under
Reporting and must be returned with the Grant Agreement.
More information on Executive Order No. 16 is available at:
<https://www.governor.ny.gov/executive-order/no-16-prohibiting-state-agencies-and-authorities-cont
racting-businesses-conducting>
Page 1 of 1CDBG Grant Agreement Schedule A300HR327-23
SCHEDULE B
2023 Awarded Budget & Projected Accomplishments
Awarded AmountTypeCountyC/T/VCommunity
Project Number:
Housing Rehabilitation
Amount
Award Budget:
Funding Source
Danby Town Tompkins
300HR327-23
$173,900
CDBG $153,900
Homeowner Contribution $20,000
Projected Total Funding:$173,900
Activity Budget Detail:
AmountProjected Use Activity(ies)
Grant Administration $6,400
Town of Danby Administration
Town of Danby Housing Rehabilitation (MU)
Housing Rehabilitation (MU)$128,000
Program Delivery $19,500
$153,900
Projected Accomplishments:
300HR32723-01 Town of Danby Housing Rehabilitation (MU)
Income Household
51-80% Owner 1
51-80% Renter 4
Units
LMI Owner 1
LMI Renter 4
Source Key:
AHC - Affordable Housing Corp, RESTORE - Residential Emergency Services to Offer Repair to Elderly, ARC - Appalachian Regional Commission
Area Development Program, DASNY - Dormitory Authority of the State of New York, EDA - US Economic Development Administration, EFC CW -
Environmental Facilities Corp. ; Clean Water Act SRF, EFC DW - Environmental Facilities Corp. ; Safe Drinking Water Act SRF, FHLB - Federal
Housing Loan Bank, IDA - Industrial Development Agency, LDC - Local Development Corp., NYBDC - New York State Business Development Corp.,
NYSCA - New York State Council of the Arts, , NYSERDA - New York State Energy Research and Development Authority, NYS OCFS - NYS Office
of Children and Family Services, NYS OTDA - NYS Office of temporary and Disability Assistance, RUS - USDA Rural Development, Rural Utilities
Service, Water and Wastewater Disposal Loan and Grant Program, US HHS - Department of Health and Human Services
Page 1 of 1
SCHEDULE C
Period of Affordability
The Grant Recipient shall comply with the Period of Affordability requirements as set forth below, as
applicable, and shall require that the CDBG assisted housing meet the affordability requirements
based on the CDBG funds invested per unit.
If the CDBG assisted housing no longer meets the affordability requirements of this Schedule, the
Recipient must repay the CDBG funds to the Corporation. The Recipient must secure the investment
of CDBG funds with either the Corporation’s provided template Grant Enforcement Mortgage &
Restrictive Covenant. Templates are made available in the OCR website at
<https://hcr.ny.gov/community-development-block-grant>
CDBG assisted housing units shall remain affordable for minimum Periods of Affordability (POA)
defined below. The POA shall commence with the effective date of the executed Security Instrument
as follows:
Housing Rehabilitation: Owner Occupied, 1-4 Units
Period of Affordability: 5 years (Any investment)
Security Instrument: Grant Enforcement Mortgage & Restrictive Covenant
Rental Rehabilitation: Owner Occupied, 5 or more units
Rental Rehabilitation: Non-Owner Occupied, 1 or more units
Period of Affordability: 5 years ($1 - $15,000 investment per unit)
10 years ($15,001-$40,000 investment per unit)
15 years ($40,001 + investment per unit)
Security Instrument: Grant Enforcement Mortgage & Restrictive Covenant
Manufactured Housing Replacement
Period of Affordability: 10 years (Any investment)
Security Instrument: Grant Enforcement Mortgage & Restrictive Covenant
Standalone Residential Water & Wastewater Activities & Laterals
Period of Affordability: 5 years (Any investment)
Security Instrument: Grant Enforcement Mortgage & Restrictive Covenant
Page 1 of 1300HR327-23 CDBG Schedule C