N.Y. Comp. Codes R. & Regs. tit. 9 § 440.10

Current through Register Vol. 46, No. 45, November 2, 2024

Section 440.10 - Project agreements

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

(b) All project agreements will require:

(1) a 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.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 440.10