AGREEMENT

THIS AGREEMENT made upon Monday, February 01, 2010 by and between <<ContractorName>> hereinafter
called "CONTRACTOR" and:
<<H/O>>
residing at:
<<HomeOwnerAddress>>
hereinafter called "OWNER".
WITNESSETH WHEREAS,
the OWNER intends to repair and remodel the property located at :
<<HomeOwnerAddress>>
NOW, THEREFORE, THE CONTRACTOR AND OWNER, FOR THE CONSIDERATION HEREINAFTER
NAMED, DO HEREBY AGREE AS FOLLOWS:
1. The contractor shall provide all materials and perform all work contained in certain specifications for the
rehabilitation of the property of the OWNER, which specifications have been signed by the parties hereto and
are hereby made a part of this contract.
2. The consideration for the above mentioned material and work shall be in a lump sum payment of
<<BidAmt>>, due and payable after completion of the terms and conditions of this Agreement.
2a. Upon final approval of all contractual work by the Office of Housing and Intergovernmental Affairs,
payment of said Grant shall be made from escrow funds drawn down in accordance with CFR 24 Part
570.511 by the Incorporated Village of Village of Malverne for the work performed.
3. The parties shall not make any alterations in the work write-up and extras shall not be charged by the
CONTRACTOR to the OWNER, except upon the written request by the OWNER and approved by the Office
of Housing and Intergovernmental Affairs, Division of Community Development, hereinafter. called
"OFFICE" which shall set forth the nature of such alterations and modifications; such changes are
to be incorporated in written order which shall be signed by the OWNER and CONTRACTOR and
approved by the OFFICE.
4. The CONTRACTOR hereby agrees to commence work under this Contract immediately after its
execution and to continue his work without interruption and to complete the same as promptly as possible, but
not later than 12 weeks from date hereto. Time is of the essence relative to all dates mentioned herein. The
OFFICE staff shall have the responsibility to inspect all work, invoices and plans as they relate to the project.
The CONTRACTOR may apply in writing for approval of delays in performance because of strikes, material
shortages or any other cause not within the control of the CONTRACTOR. Such requests must be approved
by the OFFICE.
5. The OWNER shall maintain fire insurance, including extended coverage and other hazard insurance, in
such amounts as may be necessary to fully protect himself and the CONTRACTOR from any loss by
reason of fire or other casualties covered by such policy, either to the building or to the materials on the
building site.

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6. The CONTRACTOR shall carry or require that there be carried full and complete
Workman's Compensation Insurance for all his employees and those of his sub-contractors engaged in
work on the Contract premises, in accordance with the New York State Laws governing the same, as well
as public liability and property damage insurances to protect the OWNER and the County of Nassau who are
to be named insured in such policies.
7. The OWNER shall permit the CONTRACTOR to use at no cost, existing utilities such as light, heat,
power and water necessary to carry on and complete the work.
8. The OWNER shall cooperate with the CONTRACTOR to facilitate the performance of the work,
including the removal and replacement of rugs, coverings and furniture as necessary.
9. PERMITS AND REGULATIONS: The CONTRACTOR shall give all notices required by, and comply
with all applicable laws, ordinances and codes of any public authority and shall at his own expense, secure
and pay fees or charges for all permits required for the performance of the work under this Agreement, and
shall pay all consumer sales, use and other similar taxes required by law, and shall indemnify and hold
harmless the OWNER and County of Nassau, from any liability resulting rom the CONTRACTOR'S
default under this paragraph. Copies of all permits must be filed with the OFFICE, before rehabilitation
activity begins.
10. LEAD BASED PAINT: The CONTRACTOR will comply with Lead-Based Paint Hazard Elimination
Requirements as stated in 24 CFR Part 35, et al of the HUD regulations.
11. The CONTRACTOR shall indemnify and hold harmless the OWNER, the OFFICE and the County of
Nassau from liability for any injury or damages to persons or property resulting from his performance
of work under this Agreement.
12. The representative of the OFFICE shall be afforded, access at all times to inspect the work and the
CONTRACTOR'S books, records, correspondence, construction drawings, receipts, vouchers, payrolls
and agreements with sub-contractors relating to this Contract; the CONTRACTOR shall preserve all
such records for a period of two (2) years after final payment hereunder.
13. The OWNER and CONTRACTOR hereby agree that in the event of any dispute arising with reference
to materials used in the construction of said building, or with reference to the workmanship of the
CONTRACTOR, his agents and/or sub-contractors, that the opinion of the OFFICE shall prevail.
14. That as a condition of receiving payments hereunder, the CONTRACTOR shall deliver to the OWNER, a
complete release of all liens arising out of this Contract and a warranty covering all work performed
hereunder to the effect that such work shall be free from defects arising from the workmanship of the
CONTRACTOR or any sub-contractor or the quality of material used therein, for a two (2) year period, or
such longer period as may be included in any warranty given by the manufacturer of any material used in
the work performed hereunder.
15. The CONTRACTOR may make application for payments as soon as all work described in aforesaid
specifications has been completed. The application shall be accompanied by releases of any liens by sub-
contractors, laborers or material suppliers.
16. Neither final payment nor any provision in the contract documents shall relieve the CONTRACTOR
from responsibility for faulty material or workmanship, and unless otherwise specified, he shall remedy
any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear
within a two (2) year period from the date of completion by the CONTRACTOR. The OWNER shall
provide the OFFICE staff with notice of observed defects with reasonable promptness.

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17. The CONTRACTOR shall not assign this Contract without the written consent of the OWNER, such
request for assignment of said Contract must be addressed to and approved by the OFFICE.
18. The CONTRACTOR will not discriminate against any employee or applicant for employment because of
race, creed, color or national origin. The CONTRACTOR will take affirmative action to ensure that
applicants are employed and that employees are treated during employment, without regard to their race,
creed, color or national origin. Such action shall include, but not be limited to, the following: employment,
upgrading, demotion, transfer, or recruitment advertising, layoff or termination, or other forms of
compensation and selection for training, including apprenticeship.
19. The homeowner is responsible for all vandalism, before and during the contracted rehabilitation work
20. The homeowner will not sell or transfer the property being rehabilitated for a minimum of one year from
the date of execution of this agreement.

21. The homeowner agrees not to perform any home improvements either by oneself or the hiring of other
home improvement contractors while participating in the Residential Rehabilitation Program. During
the residential rehabilitation process, the only work to be performed on the house is contracted between
the Nassau County Home Improvement Contractor as supervised by Nassau County
Office of Housing and Intergovernmental Affairs.
22 . The OWNER agrees to allow OHIA's environmental consulting and testing company to
enter the home after completion of rehabilitation for a final clearance inspection.
Failure to allow the environmental consulting and testing company into the home will be a
default under this Agreement.

The CONTRACTOR will furnish all information and reports required by the OFFICE. This Contract may be
cancelled in whole or in part and CONTRACTOR declared ineligible for further participation in Nassau
County Community Development Program, as a result of violations of these provisions. IN WITNESS
WHEREOF, the OWNER and the CONTRACTOR have executed this Agreement as of the date first above
written.

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ACCEPTANCE BY CONTRACTOR ACCEPTANCE BY OWNER(S)

Contractor: <<ContractorName>>

Address: <<ContractorAddress>> <<H/O>>

Representative:_____________________________________

Title:

Date of Proposal:<<Date>> Date of Acceptance: <<Date>>

APPROVED BY:

THE COUNTY OF NASSAU

OFFICE OF HOUSING AND INTERGOVERNMENTAL AFFAIRS

Date:<<Date>>

Kevin J. Crean
Deputy Director
Office Of Housing And Intergovernmental Affairs
(516) 572-1916

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