N.Y. Comp. Codes R. & Regs. tit. 9 § 2606.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 2606.1 - Periodic review of contract performance

(a) The division shall review at periodic intervals the performance of the neighborhood preservation companies under their respective contracts with the division. The neighborhood preservation companies shall provide not less than quarterly reports to facilitate the evaluation process, and other reports that the division may request. The reports shall include, but not be limited to, the following items:

(1) progress of proposed activities;

(2) progress in securing funds from other sources for administrative and planning costs;

(3) a financial report, reflecting all transactions which relate to the performance of the contract; and

(4) matching funds received to date.

(b) The companies must maintain records which shall be available for inspection and review by division personnel during normal business hours. These records shall include, but not be limited to, the following:

(1) neighborhood preservation records;

(2) accounting records; and

(3) time records of all employees and consultants receiving salaries, wages and compensation.

(c) Should the division's review of the NPC indicate unsatisfactory performance in any of the following areas:

(1) carrying out its proposed activities;

(2) providing financial reports or in meeting other administrative requirements; or

(3) meeting its matching fund requirements.

Then the division may impose one or more of the following actions:

(i) withhold the release of funds;

(ii) place the company on probation; or

(iii) modify or terminate the contract.

(d) If the commissioner, in his/her sole discretion, determines that there has been substantial nonperformance or other breach of the agreement between DHCR and the NPC organization, the commissioner shall so notify the organization. If the organization shall not, within 30 days after the giving of such notice:

(1) cure or remedy such nonperformance or breach to the satisfaction of the commissioner; and

(2) give notice to the commissioner stating that such cure or remedy has been completed and describing in detail the measures taken to effect such cure or remedy, the commissioner shall have the right to terminate the agreement and/or take such other action as he/she deems appropriate.

The Commissioner shall, within 15 days after the giving of notice by the organization in the manner and within the time limit specified in paragraph (2) of this subdivision (or in the event that the organization fails to give such notice, within 15 days after the expiration of the time limit for the giving of such notice), give notice to the organization stating whether the nonperformance or breach by the organization has been cured or remedied to the satisfaction of the commissioner and, if not, what action (which may include, without limitation, termination of this agreement) the commissioner intends to take as a result of such failure to cure or remedy.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2606.1