N.Y. Comp. Codes R. & Regs. tit. 9 § 431.10

Current through Register Vol. 46, No. 25, June 18, 2024

Section 431.10 - Project agreements

(a) All projects must be undertaken pursuant to a project agreement with the office.

(b) All project agreements will require:

(1) 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;

(2) performance standards, reporting requirements and timelines for initiating and completing project elements;

(3) that all contracts be publicly bid in accordance with section 103 of the General Municipal Law;

(4) 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;

(5) 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;

(6) that changes will not be made to the project without the approval of the office. 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;

(7) that a project sign or other suitable acknowledgment in a form to be determined by the office be installed on the property;

(8) 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 office;

(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 office before work commences; or

(iv) program or project specific requirements which the office deems necessary.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 431.10