New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Appendices › Appendix 4-A

Current through Register Vol. 46, No. 28, July 10, 2024
AGREEMENT BETWEEN VOLUNTARY AGENCY APPLYING FOR STATE AID FOR
				CONSTRUCTION AND COMMUNITY MENTAL HEALTH BOARD
INSTRUCTIONS: The provisions appearing below set forth the
				minimum obligations which shall be assumed by the parties to the contract
				required by section 191, subdivision 3 of the Mental Hygiene Law in order for
				capital costs incurred by a voluntary agency to be eligible for State aid. The
				parties, namely, the voluntary agency and the community mental health board,
				may agree to any additional terms and conditions provided that said additional
				terms and conditions do not curtail, limit or annul their respective
				obligations as provided in the sample contract clauses appearing below.
DEFINITIONS:
(a) "AGENCY" refers to the voluntary agency applying for state
				aid for construction.
(b) "BOARD" refers to the community mental health board or
				local department of mental health of the city or county where such construction
				will be located.
MINIMUM CONTRACTUAL TERMS: Whereas, the AGENCY desires to
				(acquire)
(use appropriate word)
(construct) a mental (health) (retardation) facility in the
				County of ____________
(use appropriate word) (name of county)
for the purpose of providing mental (health) (retardation)
				services in accordance with the
(use appropriate word)
AGENCY plan annexed hereto and made a part hereof, to the
				people of
and
Whereas the aforesaid AGENCY plan has been adopted by the BOARD
				as part of the
BOARD'S program of community mental health and retardation
				services and facilities,
(where appropriate use the following clause)
WHEREAS, the AGENCY is financing the cost of acquisition or
				construction through a mortgage loan through the New York State Housing Finance
				Agency.
NOW, THEREFORE it is hereby mutually agreed as follows:
1. The AGENCY agrees, subject to the approval of the AGENCY
				plan by the Commissioner of Mental Hygiene and the granting of State Aid for
				construction of the facility described therein, to construct said facility at
____________
(city, county, State)
2. The AGENCY covenants and agrees to provide at and in the
				facility to be constructed as aforesaid the mental (health) (retardation)
				services described in the AGENCY plan or the said AGENCY plan as modified with
				the consent of the Commissioner of Mental Hygiene for a period of twenty (20)
				years commencing with the date of completion of construction of said facility,
				(or until any mortgage obtained by the Agency from the New York State
(use if there is to be an HFA mortgage)
Housing Finance Agency has been satisfied, whichever occurs
				later.)
3. The BOARD covenants and agrees to include the AGENCY plan or
				said AGENCY plan as modified with the consent of the Commissioner of Mental
				Hygiene as part of its program of community mental health and retardation
				services and facilities for a period of twenty (20) years from the date of
				completion of construction of said facility (or until any mortgage obtained by
				the AGENCY from the New
(use if there is to be an HFA mortgage)
York State Housing Finance Agency has been satisfied whichever
				occurs later), provided however, that any monies required from the BOARD or
				the governing body to whom it is responsible shall be available only in such
				amounts as may be authorized by the appropriation made by the governing body
				duly authorized to make the same.
4. The BOARD hereby approves the construction of the facility
				as proposed by the AGENCY plan subject to modifications thereof as may be
				required by the Department of Mental Hygiene.
5. The County of ________. shall not be liable for any costs
				involved in the construction of the facility except as may be authorized by the
				________ County Board of Supervisors.