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

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.