New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle I - Office of Parks, Recreation and Historic Preservation
Chapter IV - Environmental Assistance Programs
Subchapter C - Environmental Protection Act
Part 440 - Provisions Relating To All Projects
Section 440.10 - Project agreements
Universal Citation: 9 NY Comp Codes Rules and Regs ยง 440.10
Current through Register Vol. 46, No. 39, September 25, 2024
(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.
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