New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter C - Environmental Protection Act › Part 440 - Provisions Relating To All Projects › Section 440.10 - Project agreements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
					 projects must be undertaken pursuant to a project agreement with the
					 office.
(b) All project agreements
					 will require:
(1) a copy of a resolution or
					 other document of the governing body of the project sponsor recommending the
					 application to the commissioner and authorizing an official of the project
					 sponsor to execute documents necessary to the project;
(2) a project term which shall commence on
					 the date of the letter advising a project sponsor that its application has been
					 selected for State assistance;
(3)
					 performance standards, reporting requirements and timelines for initiating and
					 completing project elements;
(4)
					 that contracts and procurement policies and procedures of a municipality comply
					 with sections 103 and
					 104-b  of the General Municipal
					 Law;
(5) that a not-for-profit
					 corporation has policies for procuring quality goods and services in a way that
					 assures prudent and economical use of public money in the best interests of the
					 taxpayers.
(6) that the project
					 sponsor comply with the provisions of article 15-A of the Executive Law
					 regarding equal employment opportunities for women and minorities and
					 contracting opportunities for minority- and women-business enterprises, as well
					 as the Omnibus Procurement Act regarding participation of New York State
					 businesses;
(7) that the project be
					 accessible in accordance with the New York State Uniform Fire Prevention and
					 Building Code and the Americans with Disabilities Act Guidelines
					 (ADAAG-appendix A to  28 CFR part 36). The project sponsor is responsible for
					 determining which of these standards, guidelines or codes apply to the project
					 when there is a discrepancy with regard to a particular accessibility
					 requirement;
(8) that changes will
					 not be made to the project without the approval of the commissioner. The office
					 may re-rate a project if the sponsor proposes any changes and may disapprove
					 changes which would cause the revised project rating to fall below the level at
					 which it would have received funding;
(9) that a project sign or other suitable
					 acknowledgment in a form to be determined by the office be installed on the
					 property;
(10) provisions which
					 assure that the expenditure of public funds on the project will result in a
					 public benefit. Such provisions may include:
(i) a requirement that the public have
					 reasonable access to or use of the project as specified by the
					 commissioner;
(ii) a requirement
					 that the project sponsor not alter, demolish, sell, lease or otherwise convey
					 the project, in whole or in part, without the prior written approval of the
					 commissioner;
(iii) a requirement
					 that all plans for restoration, rehabilitation, improvement, demolition or
					 other physical change to the completed project be approved in writing by the
					 commissioner before work commences; or
(iv) program or project specific requirements
					 which the commissioner deems necessary.