N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 165-3.9

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

Section 165-3.9 - General agreement requirements

(a) The division shall enter into an agreement with every applicant approved for an award.

(b) Each agreement shall, at a minimum, require that:

(1) the not-for-profit corporation or municipality shall operate the youth center which is the subject of the award in a manner consistent with the terms of its approved application, for a period of time specified by the division, which period shall not exceed 15 years for facility rehabilitation grants and 30 years for new facility project grants or new facility operation agreements;

(2) no agreement or amendment to an agreement shall be effective until approved by the New York State Comptroller, Attorney General and the director of the Division of the Budget;

(3) the Director of the Budget shall review and approve the facility program plan submitted by the Commissioner of General Services before any construction may begin on a capital project;

(4) the not-for-profit corporation or municipality shall be reviewed by the division, at least annually, for conformity to contractual provisions and to ascertain the financial condition of the youth center;

(5) the not-for-profit corporation or municipality shall be prohibited from:

(i) engaging in any activities promoting any political candidate or party; and

(ii) expending funds from any award received pursuant to title 3-A of article 19-G of the Executive Law or this Subpart for activities which are meant to influence legislation;

(6) the not-for-profit corporation or municipality shall not use any part of the award received pursuant to title 3-A of article 19-G of the Executive Law and this Subpart for the operating costs of a youth center program;

(7) the not-for-profit corporation or municipality shall be responsible for general maintenance of the youth center, as described in section 165-3.3(f) of this Subpart, regardless of whether the State holds title to the youth center;

(8) the not-for-profit corporation or municipality shall comply with the requirements of all applicable local laws, ordinances, codes, charters or regulations;

(9) the not-for-profit corporation or municipality shall comply with standard clauses contained in Appendix A and Appendix A Supplement which are a part of State contracts;

(10) the not-for-profit corporation or municipality shall execute such agreements and provide such information as the division may determine to be necessary to implement the provisions of title 3-A of article 19-G of the Executive Law; and

(11) the agreement shall be contingent upon the availability of funds to finance the capital project.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 165-3.9