N.Y. Comp. Codes R. & Regs. tit. 9 § 435.7

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

Section 435.7 - Project agreements; maintenance of effort

(a) Each grant recipient shall enter into a project agreement with the office for the funding of the project. Such project agreement shall contain provisions which shall include, but not be limited to, the following:

(1) The proposal or application which was submitted to the office and approved by the commissioner, with such modifications as may be required by the commissioner for such approval, shall be made a part of the project agreement. No changes may be made to such proposal or application, as modified, without the written approval of the commissioner.

(2) The agreement shall provide for the public to have such access to the facility or property, and for such period of time, as shall be determined by the commissioner to be appropriate to that project.

(3) There shall be barrier-free access for disabled patrons in accordance with applicable New York State statutes.

(4) A project sign in a form to be determined by the office shall be installed on the property.

(5) All contracts for work under this Subchapter shall be publicly bid in accordance with section 103 of the General Municipal Law.

(6) The agreement shall contain a project term.

(7) The provisions of sections 435.5 and 435.6 of this Part shall be a part of the agreement. Further, the grant recipient will include the provisions of sections 435.5 and 435.6 in every contract in relation to the project agreement in such a manner that such provisions will be binding upon each contractor and subcontractor as to its work in connection with the project agreement.

(8) The agreement shall include such other provisions as shall be required by State law, the Attorney General, the State Comptroller and the office.

(b) Maintenance of effort. Each recipient of funds made available under this Subchapter shall be required to certify that such assistance will supplement and not supplant funds already appropriated or identified by the applicant for the implementation of the project.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 435.7