§ 43-1421 Agreements.
RCNY § 43-1421
a. Brownfield incentive grants require an executed agreement between the grantee and the grant administration contractor prior to the disbursement of funds. b. Brownfield incentive grant agreements shall include: 1. A grantee shall indemnify both the city of New York and the grant administration contractor for all services and activities to be performed in relation to the grant, including, but not limited to, all services and activities that will be reimbursed with grant funds.
2.A grantee must require its qualified vendors to indemnify both the city of New York and the grant administration contractor for all services and activities to be performed in relation to the grant, including, but not limited to, all services and activities that will be reimbursed with grant funds.
3.All eligible services and/or activities must be performed by a qualified vendor, except in the following circumstances: A. A grantee may directly hire a contractor, other than a qualified vendor, to perform remedial work under an approved remedial action work plan, provided that the grantee requires the contractor to maintain insurance that is adequate for the nature and scope of the services and activities performed, as determined by the office. The insurance must name the city of New York, the New York city economic development corporation, and the grant administrator contractor as additional insureds. B. In select cases or categories, the office may waive the requirement that eligible services and/or activities be performed by a qualified vendor. In deciding whether to waive this requirement, the office will consider at a minimum: i. The degree of risk in the work performed, including the risk of injury to persons or damage to property or the risk of other claims, damages or losses; ii. Whether the work performed is adequately covered by insurance; and iii. Whether the office is assured that the work performed will be of sufficient quality.
4.A grantee shall accept all terms of the grant including, but not limited to, administration of grants by the grant administration contractor.
5.Project information required by the office. A grantee shall provide basic information required for each grant in a manner and form developed by the office for this purpose. Information required by the office may include: A. a schedule for work; B. details of the planned development; C. an estimate of the number of jobs to be created by the planned development; D. estimated costs of the planned development; E. basic development information, including, but not limited to, the square footage of residential, commercial, industrial, and open space to be created; and F. the number of residential affordable housing units to be created.
6.A grantee shall agree to office requirements for future reporting on projects related to each grant. Such reporting shall be submitted on forms developed by the office for this purpose and may include details of the outcome of each project after grant activities are completed, including, but not limited to: A. whether the proposed development was constructed; B. whether a government remediation program was utilized for the cleanup; and C. an update of information contained in paragraph 4 of this subdivision.
