HomeMy Public PortalAbout2021.03.30 STB Packet
SPECIAL TOWN BOARD MEETING
MARCH 30, 2021
4:00 PM
AGENDA
03-29-2021
PLEDGE OF ALLEGIANCE
ROLL CALL
ITEM(S) FOR BOARD ACTION
3STB2021-1 RESOLUTION Calling for a Public Hearing on a Proposed Amendment to Town Code
Chapter 91 to Bar Overnight Mooring and Anchoring of Vessels at Irondequoit Bay
State Marine Park Docks
3STB2021-2 RESOLUTION Adopting a Plan Pursuant to Governor’s Executive Order 203 Relating
to the Police Reform Reinvention Initiative
3STB2021-3 RESOLUTION Authorizing the Application for and Acceptance of Grant Funding
from the Dormitory Authority of the State of New York
SPECIAL TOWN BOARD MEETING
MARCH 30, 2021
4:00 PM
AGENDA
03-26-2021
PLEDGE OF ALLEGIANCE
ROLL CALL
ITEM(S) FOR BOARD ACTION
3STB2021-1 RESOLUTION Calling for a Public Hearing on a Proposed Amendment to Town Code
Chapter 91 to Bar Overnight Mooring and Anchoring of Vessels at Irondequoit Bay
State Marine Park Docks
3STB2021-2 RESOLUTION Adopting a Plan Pursuant to Governor’s Executive Order 203 Relating
to the Police Reform Reinvention Initiative
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Resolution No. 2021- __________
EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING
A RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSED
AMENDMENT TO TOWN CODE CHAPTER 91 TO BAR OVERNIGHT
MOORING AND ANCHORING OF VESSELS AT IRONDEQUOIT BAY STATE
MARINE PARK DOCKS
At the special meeting of the Town Board of the Town of Irondequoit, Monroe County,
New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the
30th day of March, 2021, at 4:00 P.M. local time, there were
PRESENT:
David Seeley Town Supervisor
Patrina Freeman Town Board Member
John Perticone Town Board Member
Kimie Romeo Town Board Member
Peter Wehner Town Board Member
Harter Secrest & Emery LLP Attorney for the Town
Town Board Member _____________________offered the following resolution and
moved its adoption:
WHEREAS, at a regular meeting of the Town Board, Town Board Member ___________
introduced a proposed local law relating to amendments to Chapter 91 of the Town Code
to bar the overnight mooring and anchoring of vessels at the Irondequoit Bay State Marine
Park docks, and the proposed local law is attached hereto as Exhibit A; and
WHEREAS, in collaboration with the Lake Ontario Resiliency and Economic
Development Initiative, the Town of Irondequoit is making improvements to the
Irondequoit Bay State Marine Park, including raising the boat launch and installing new
Town-owned docks at the park (the “Project”); and
WHEREAS, the regular hours of the Irondequoit Bay State Marine park are from 4:00
a.m. to 10:00 p.m., and the park is closed overnight from 10:00 p.m. through 4:00 a.m.;
and
WHEREAS, the Town Board determines that the overnight mooring or anchoring of
vessels at the Town-owned docks of the Irondequoit Bay State Marine Park poses a threat
to public safety by increasing the risks of damage to the docks, vandalism and theft of
vessels, and increasing the potential for intoxicated operation of vessels; and
WHEREAS, pursuant to Town Law § 130(17)(1)(b), the Town Board may enact and
amend ordinances restricting and regulating the anchoring and mooring of vessels in any
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waters within or bounding the Town to a distance of fifteen hundred feet from the shore;
and
WHEREAS, Town Code Chapter 91, titled the “Ordinance for the Regulation of Vessels
on Irondequoit Bay,” governs the operation of vessels in the Irondequoit Bay, including
the waters of the Irondequoit Bay State Marine Park; and the Town Board now wishes to
amend Chapter 91 to bar the overnight mooring and anchoring of vessels at the Town-
owned docks of the Irondequoit Bay State Marine Park; and
WHEREAS, pursuant to Resolution Number 2020-147, the Town Board adopted a
negative declaration for the Project, and determines that the action contemplated herein—
amendment of an ordinance to bar overnight mooring and anchoring at Project docks—
constitutes a Type II Action pursuant to the State Environmental Quality Review Act and
accompanying regulations, 6 N.Y.C.R.R. 617.5(c)(26), (33), and (37), and therefore no
further environmental review is required; and
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby schedules a
public hearing on this matter on April 20, 2021 at 7:36 p.m.
AND, THEREFORE, BE IT FURTHER RESOLVED, that the Town Clerk shall give
notice of the hearing by publishing a notice in the Town Newspaper specifying the time
when and the place where such hearing will be held, and in general terms describing the
proposed ordinance, such notice to be published once at least ten days prior to the day
specified for such hearing.
This resolution shall take effect immediately upon its adoption.
Seconded by the Town Board Member ______________________________ and duly put
to vote, which resulted as follows:
Town Board Member Wehner voting _______
Town Board Member Perticone voting _______
Town Board Member Romeo voting _______
Town Board Member Freeman voting _______
Town Supervisor Seeley voting _______
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EXHIBIT A
(PROPOSED LOCAL LAW)
LOCAL LAW NO. _ OF 2021
TO AMEND TOWN CODE CHAPTER 91 TO BAR OVERNIGHT MOORING
AND ANCHORING OF VESSELS AT IRONDEQUOIT BAY STATE MARINE
PARK DOCKS
Be it enacted by the Town Board of the Town of Irondequoit as follows:
Section 1. Chapter 91 of the Code of the Town of Irondequoit, pertaining to Boats and
Boating, is hereby amended by striking the matter shown in brackets and strikethrough
font, and adding the matter shown in bold underscored font, to read as follows:
§ 91-1 Title. This chapter shall be known as the "Ordinance for the Regulation of
Vessels on Irondequoit Bay."
§ 91-2 Authority. In accordance with Subdivision 17 of § 130 of the Town Law,
as amended or changed, these regulations are hereby adopted for that part of
Irondequoit Bay located within the Town of Irondequoit and within 1,500 feet from
the shore.
§ 91-3 Definitions. As used in this chapter, the following terms shall have the
meanings indicated:
ANCHOR
Means a heavy object attached to a vessel for the purpose of
Mooring the vessel to bottom of a body of water.
DOCK
Means a structure extending alongshore or out from the shore
into a body of water, to which boats may be moored.
IRONDEQUOIT BAY STATE MARINE PARK
Means the Irondequoit Bay State Marine Park located on
lrondequoit Bay and bounded to the West by Seabreeze Drive
and to the North by Culver Road.
MOOR
Means to make fast a vessel by attaching it by cable, rope, or
other attachment.
VESSEL
The same meaning as defined in the Navigation Law.
§ 91-4 Rules of operation.
A. Every vessel shall be operated in a careful and prudent manner, in
such a way as not to unreasonably interfere with or endanger any
other vessel or person, but in no event shall a vessel be operated at
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a speed exceeding 20 miles per hour unless such vessel is being
operated for the purpose of enabling a person engaged in water-
skiing to be towed, in which case no such vessel shall be operated at
a speed exceeding 35 miles per hour.
B. No vessel shall be operated within 200 feet of the shore, a dock, pier,
raft or float or an anchored or moored vessel in a manner or at a
speed that causes a wake that unreasonably interferes with or
endangers such dock, pier, raft or float or an anchored or moored
vessel, but in no event at a speed exceeding five miles per hour,
unless for the purpose of enabling a person engaged in water-skiing
to take off or land.
C. No vessel shall be moored to Docks owned by the Town of
Irondequoit at the lrondequoit Bav State Marine Park during
hours when the Irondequoit Bav State Marine Park is closed.,
from 10:00 p.m. through 4:00 a.m.
D. No vessel shall be anchored within 100 feet of Docks owned by
the Town of Irondequoit at the Irondequoit Bay State Marine
Park during hours when the Irondequoit Bay State Marine Park
is closed, from 10:00 p.m. through 4:00 a.m.
§ 91-5 Penalties for offenses.
A. Any person who operates a vessel in violation [of any of the
provisions of this chapter] of Section 91-4 (A) or Section 91-4 (B)
of this chapter shall be guilty of a violation punishable to the same
extent as a violation of § 45 of the Navigation Law, as amended or
changed.
B. Any persons who moors or anchors a vessel in violation of
Section 91-4(C) or Section 91-4(D) of this Chapter shall be guilty
of a violation, and for a first conviction thereof be punished by
a fine of one hundred dollars; for a conviction of a second
violation, both of which were committed within a period of
twenty-four months, by a fine of two hundred fifty dollars; upon
a conviction for a third or subsequent violation, all of which
were committed within a period of twenty-four months, such
person shall be punished by a fine of not less than five hundred
dollars.
Section 2. Severability. The invalidity or unenforceability of any section, subsection,
paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as
declared by the valid judgment of any court of competent jurisdiction to be
unconstitutional, shall not affect the validity or enforceability of any other section,
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subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full
force and effect.
Section 3. Effective Date This law shall be effective upon filing with the Secretary of State
of New York, as required by the Municipal Home Rule Law.
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9790437_2
2021-__________
EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING
A RESOLUTION ADOPTING POLICE REFORM AND REINVENTION PLAN
At the special meeting of the Town Board of the Town of Irondequoit, Monroe County,
New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the
30th day of March, 2021, at 4:00 P.M. local time, there were
PRESENT:
David Seeley Town Supervisor
Patrina Freeman Town Board Member
John Perticone Town Board Member
Kimie Romeo Town Board Member
Peter Wehner Town Board Member
Harter Secrest & Emery LLP Attorney for the Town
Town Board Member _____________________offered the following resolution and
moved its adoption:
WHEREAS, the Town of Irondequoit (“Town”) and the Irondequoit Police Department
(“IPD”) are committed to eliminating racial inequities in policing, modifying and
modernizing policing strategies, policies, procedures, and practices, and to develop ing
practices to better address the particular needs of communities of color to promote public
safety, improve community engagement, and foster trust; and
WHEREAS, on June 12, 2020, the Governor of the State of New York issued Executive
Order 203 (the “Police Reform Order”), requiring local governments with police
departments to: (a) undertake A comprehensive review of current police force
deployments, strategies, policies, procedures, and practices; and (b) develop a plan to
improve such deployments, strategies, policies, procedures, and practices, for the purposes
of addressing the particular needs of the communities served and promoting community
engagement to foster trust, fairness, and legitimacy, and to address any racial bias and
disproportionate policing of communities of color (“Police Reform and Reinvention
Plan”); and
WHEREAS, following the announcement of the Police Reform Order, the Supervisor and
Chief of Police met with community stakeholders to discuss policing reform by convening
a Town Hall Meeting with over one hundred participants, visiting other localities to
observe their police reform initiatives, and interfacing and collaborating with community
and advocacy organizations including the Monroe County Alliance for Transformation of
Community and Police; Eliminating Racism and Seeking Equity in Irondequoit; the Bishop
Kearney Campus Client Coalition; and the Irondequoit Commission Advancing Racial
Equity; and
9790437_2
WHEREAS, the Chief of Police completed a comprehensive review of IPD strategies,
policies, procedures and practices, and developed a draft Police Reform and Reinvention
Plan addressing all of the matters described in the Governor’s Police Reform Order and as
more fully described in the publication of the Governor’s office titled the New York State
Police Reform and Reinvention Collaborative Resources & Guide for Public Officials and
Citizens; and
WHEREAS, the Town offered the draft Police Reform and Reinvention Plan for public
comment to all residents, and on March 16, 2021 held a public hearing and received
comments and feedback concerning the draft plan; and
WHEREAS, on March 23, 2021, the Town Board convened a special workshop meeting
to discuss, address, and incorporate the public feedback concerning the draft plan, and has
prepared a final Police Reform and Reinvention Plan in the form annexed hereto as Exhibit
A; and
WHEREAS, the Town Board hereby determines that the final Police Reform and
Reinvention Plan is in the best interests of the Town, its residents, and the community, and
will help ensure that residents are treated equally, fairly, and justly.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby adopts the final
Police Reform Reinvention Plan in the form annexed hereto as Exhibit A.
AND, THEREFORE, BE IT FURTHER RESOLVED, that the Town Board shall on an
annual basis review, amend as necessary, and readopt the final Police Reform Reinvention
Plan, as may have been amended, to reflect changes in the community and to incorporate
new reform and modernization measures.
AND, THEREFORE, BE IT FURTHER RESOLVED, that the Town Board authorizes
the Town Supervisor, or his designee, to transmit a certification to the New York State
Director of the Division of the Budget to affirm that the process described in the Police
Reform Order has been complied with and that this resolution has been adopted.
This resolution shall take effect immediately upon its adoption.
Seconded by the Town Board Member ______________________________ and duly put
to vote, which resulted as follows:
Town Board Member Wehner voting _______
Town Board Member Perticone voting _______
Town Board Member Romeo voting _______
Town Board Member Freeman voting _______
Town Supervisor Seeley voting _______
9790437_2
EXHIBIT A
(Final Police Reform and Reinvention Plan)
Town of Irondequoit
POLICE REFORM &
REINVENTION PLAN
Adopted pursuant to
Governor’s Executive Order 203
March, 2021
March 30th, 2021
Dear Irondequoit Community Members,
The Irondequoit Police Department is an agency that has defined itself as being dedicated to
service. This dedication is evident in how we police our community and through the adoption of
community policing as a philosophy, not simply as a talking point. We have worked tirelessly to
provide a professional and legitimate level of policing to our residents, businesses, and community
at large. That said, we humbly recognize the constant need for improvement, especially in the
fragile moment our society finds itself, where the foundation of trust between law enforcement
and the community it serves is under threat.
Executive Order #203 was signed by Governor Cuomo in June of 2020, charging all
municipalities in New York State with police agencies to look both within and to engage with
their communities to assess the current state of law enforcement and create a blueprint for
progress. Immediately thereafter, the Irondequoit Police Department, with the support of the Town
Board, began engaging our community and our neighboring communities, for feedback on the
level of police service provided by the agency. We identified stakeholders in our community
through neighborhood forums, meetings with our faith-based community leaders, education
professionals, online surveys, and social media outreach to determine the effectiveness of the
Irondequoit Police Department and the services it renders. What is without dispute is the
Department must continue to work hard at improving our relationships. It must continue to adapt
to the needs of our community, the wants of our community, and the expectations of our
community. This will build trust, legitimacy, and confidence with our constituents.
The Irondequoit Police Department and the Irondequoit Town Board are focused on rebuilding
and strengthening the trust and confidence of the community through the goals and strategies that
are outlined in this Police Reform and Reinvention Plan. IPD and the Town Board commits to
reviewing and analyzing our policies, procedures, and training efforts, and to be transparent in
doing so. It is our goal that the community we serve and the Officers that serve the community
will have a shared vision of policing in Irondequoit, and a level of mutual respect will be attained
through the efforts of all.
The Town of Irondequoit is committed to providing the level of policing that is expected from our
community, and the Irondequoit Police Department will live up to that promise with
professionalism, empathy, and dedication. We will continue to reflect on these values as we move
forward with our philosophy of community policing. We are committed to this transparency with
our residents, who deserve nothing less.
Sincerely,
Members of the Irondequoit Town Board &
Irondequoit Chief of Police, Alan Laird
Town of Irondequoit Police Reform & Reinvention Page 1
INTRODUCTION
In May of 2015 the “Six Pillars of 21st Century Policing” were presented to President
Obama, which in turn served as the foundation for Executive Order 203: New York
State’s Police Reform and Reinvention Initiative, issued by Governor Cuomo in June,
2020. Executive Order 203 requires municipalities that have their own police
agencies to self-evaluate their services, but also garner input from the community
on the level of service that is provided. Starting in the Summer of 2020, The Town of
Irondequoit, including the Irondequoit Police Department (hereafter, “also known
as the IPD”), did both and identified several focus areas that demonstrate a
commitment towards betterment and to provide the most professional police
service to the Irondequoit community. Many of these areas overlapped the 21st
Century Policing model as well, and are identified in this report as objectives to
meet the charge levied by Executive Order 203.
This report, submitted pursuant to Executive Order 203, works off a foundation that
has already been put in place by the Irondequoit Police Department to live up to its
mission to protect and serve the community of Irondequoit. To date, this has
included:
✓ Being the first town in Monroe County in 2018 to hold a forum on police-
community relations that assessed the Irondequoit Police Department’s
adoption of the Six Pillars of 21st Century Policing, which identified strategies
for growth in that context. IPD issued a Report to the Community after
compiling community feedback from a broad spectrum of stakeholders
✓ Deployment of Body Worn Cameras in 2019
✓ Adoption of a Use-of-Force continuum in the Department’s general orders
✓ Active participation in the newly formed Irondequoit Commission Advancing
Racial Eequity (ICARE). As per the Town Board’s charge, the Chief of Police is
an active member on the commission.
✓ Training opportunities for officers, including: implicit bias training and crisis
intervention training (CIT). In 2020, IPD officers received a total of 3,439 hours
of training, an average of 73 hours per officer. Over 40 unique training
opportunities were offered covering a broad spectrum of issues, including:
Implicit Bias Training, Crisis Intervention Training (CIT), Principled Policing, Field
Training and Briefings on Changes to State Laws.
The following report is organized with the Six Pillars for 21st Century Policing as a
compass. It is not structured in a direct overlay with those six pillars, but there is
connective tissue throughout.
I) COMMUNITY TRUST, TRANSPARENCY, and ENGAGEMENT
Local and national events have sparked conversations around the trust and
transparency of police agencies. The Irondequoit Police Department and Town
Board recognizes the concerns from those we serve and are committed to being
Town of Irondequoit Police Reform & Reinvention Page 2
transparent and building a greater trust with the Irondequoit community at large.
The Irondequoit Police Department has been an Accredited Agency since 1991,
meaning it meets or exceeds New York State’ s requirements for policy, procedures,
and training. IPD has successfully been reaccredited every five years since. In 2021,
it will be seeking another successful accreditation. Accreditation is a key element
of ensuring the legitimacy of a police agency, but also must be complemented
with other areas of concentration to maintain community trust, through
transparency and engagement.
A) Communication Paths. The Irondequoit Police will make information
available on numerous outlets for it constituents. It will make available
information on mental health services, hiring opportunities, victim’s
assistance programs, and our policies and procedures. The
information will be provided on the Towns website
www.irondequoit.org. The IPD will continue to successfully utilize social
media outlets to notify the community of events that are occurring,
and engage the community in a meaningful way that demonstrates
transparency and builds trust and common purpose. Furthermore, IPD
will ensure that questions and inquiries received via social media are
responded to promptly. The same is said for media inquiries.
B) Citizen Interactions. The Irondequoit Police will develop a survey to be
provided randomly to the citizens that interact with the Department
based upon a call for service. IPD will strive to have this survey
answered by 500 residents a year. This survey will allow for the citizens
to provide feedback in a timely manner to Command Staff.
Additionally, beginning in 2022, every two years, the Town will fund a
survey to be conducted through random sampling to ensure a
representative cross-section of Irondequoit’s voices are heard. The
IPD must make a commitment to sustaining longstanding partnerships
with the grassroot community groups identified above. such as the
United Cristian Leadership Ministry in the City of Rochester, as well as
formulating stronger relationships with community groups like the
14621 Community Association, Irondequoit Eliminating Racism and
Seeking Equity (ERASE), Action for a Better Community (ABC), NAACP,
Ibero American Action League, the Urban League of Rochester and
other known organizations that support minority communities. Also, IPD
must utilize the growing network of neighborhood associations in
Irondequoit as a resource to connect with the community.
The Chief of Police will host events throughout the year that will allow
the residents to provide feedback and ask general questions in an
open and inviting climate. IPD will track the number of community
events held annually and include such data in its annual report to the
Town Board and community, at large.
Town of Irondequoit Police Reform & Reinvention Page 3
C) Accountability. The Department and Town Board must continue to
work to ensure that any resident or stakeholder who wishes to express
concerns about a particular experience with the IPD is encouraged to
do so. Consistent with current practice, IPD must continue to
welcome such feedback and to ensure that a there is an effective
and transparent process for reviewing such citizen-generated
complaints. The Town Board must also, if necessary, utilize its authority
to review complaints regarding experiences with the Irondequoit
Police Department, provided under State law.
D) Citizen Police Academy. The Irondequoit Police Department will host
civilian police academies that will provide an opportunity for the
community to learn more about law enforcement and participate in
portions of the training the Officers receive. In addition to having the
opportunity to see, firsthand, the training provided, the community will
have the opportunity to evaluate this training and have open and
frank conversations about their experiences. This will work to provide a
foundation for future conversations surrounding law enforcement
incidents that provide community stakeholders with a broader
perspective on law enforcement.
E) Participation in Community Initiatives such as ICARE and Drug-Free
Irondequoit Together. The Chief of Police will continue to be an active
member in the Irondequoit Commission Advancing Racial Equity
(ICARE), which was formed in 2020 to drive Irondequoit Town
government and the Irondequoit community to be more diverse,
equitable and inclusive. The IPD will continue to be an active and
critical member in the Drug-Free Irondequoit (D-FI) Together coalition,
which is a grassroots organization formed in 2016 committed to
preventing addiction in Irondequoit, with particular focus on our
community’s youth . Furthermore, while the Chief is a valued partner in
these initiatives, in order to develop a broader rapport, other IPD
command staff members should be encouraged to participate in
such initiatives as well.
F) Transparency. The Department will continue to comply with the
administration of recent amendments to Section 50-A of the NYS Civil
Service Law, particularly as it relates to requests for information that
had long previously been considered confidential under State Law. As
it has done in the past, the Department will maintain a commitment to
being responsive to such requests, generally submitted through the
State’s Freedom of Information Law. If there are cases where the
Attorney to the Town does believe that certain information shall not
be released pursuant to State Law, the IPD/Town shall commit to
providing thorough explanations to the requesting party.
Town of Irondequoit Police Reform & Reinvention Page 4
The IPD Annual Plan provides a variety of information relative to the
performance of the Department. At present, the report does include
information regarding community events and the number of citizen
attendees. The report should also include the number of officers who
attended such events.
The Town Board and IPD must remain committed to reviewing the
efficacy of the Body Worn Camera program, put into place in 2019, to
determine if it is meeting the goals established and that there is overall
compliance with the policies governing their use.
G) Oversight. The Town Board must also play a role in providing oversight.
Working with the IPD, at the end of every fiscal year, the Town Board
should furnish a report that includes data specific to the Department’s
efforts to bolster diversity, equity and inclusion. This report should
include data that is currently provided the NYS Division of Criminal
Justice Services (DCJS) that reports crime and arrest statistics by age,
race and residency. While this information is available to the public
pursuant to the Freedom of Information Law, the Town Board should
recognize the impact of the proactive reporting of such information.
Furthermore, the Town Board’s report should also include information
relative to the number of Black, Indigenous and People of Color
(BIPOC) serving the Department, both as sworn officers and the
civilian staff.
II) HIRING AND DIVERSIFICATION OF THE IPD
The Town of Irondequoit serves a community that continues to grow more diverse. In
2000, non-white residents represented only 7.5% of Irondequoit population. The
number is expected to approach 20% in the 2020 census. This is to be welcomed
and celebrated. Such diversity is found among Irondequoit’s residents, it business
owners, as well as the many stakeholders from neighboring communities who spend
time in Irondequoit. To better serve the community, the Irondequoit Police
Department must reflect the community that it protects. At present, this is not the
case- a problem that this report recognizes must be remedied. As the body
responsible for hiring and promoting officers, the Town Board accepts responsibility
for this lack of diversity and commits to working with the IPD to change this reality.
A) Recruitment. The Irondequoit Police Department and Town Board are
committed to recruiting quality candidates for Officer. It will work with
the civil service commission to better advertise the exams for police
officers. As previously mentioned in communication tactics, IPD will
utilize all available opportunities to publicize these positions. The IPD
will forge and maintain efforts with our local schools and different work
Town of Irondequoit Police Reform & Reinvention Page 5
force agencies and workforce sectors to engage with members who
are interested in a career in law enforcement and utilize appropriate
platforms to publicize these positions.
B) Building Partnerships. The IPD must continue to recognize the value of
building collaborative partnerships with stakeholder groups that will,
among other positive things, bolster the Department’s recruitment
efforts and build trust . IPD should continue to value partnerships not
only with Irondequoit-based organizations, but those that serve the
City of Rochester, particularly in the 14621 and 14609 zip codes. IPD
must also promote opportunities in the Department through media
outlets that acutely target BIPOC communities, such as : The Minority
Reporter, LaVoz Bilingual newspaper, Poder 97.1 FM, etc.
C) School-based partnerships. A partnership that has been established
with the local high schools will be expanded to include high schools
from bordering districts, with specific focus on schools within the City of
Rochester. This will be a two-fold approach. It will not only focus on
those interested in becoming Police Officers, but also to provide
opportunities for the civilian staff personnel that are essential to IPD.
The Department must continue to build on the already-existing
affiliation agreement with the Criminal Justice program at Monroe
Community College (MCC), recognizing the valuable pipeline this
program provides for potential recruitment. Opportunities to expand
the MCC partnership to other area colleges should also be assessed,
particularly those with higher BIPOC enrollment, such as SUNY
Brockport.
D) Changes in civil service. The Irondequoit Police will continue to work
with other police agencies from across the state of New York, our
community voices, and elected officials to make the civil service
process more equitable for all candidates. At the very least, this should
include expansion of the home rule civil service list to include all
portions of a zip code that are a part of the Town of Irondequoit. This
would allow for greater recruitment in the 14609 and 14621 zip codes,
including portions found in the City of Rochester that are more diverse.
Changes should also be made to provide municipalities more flexibility
on the “Rule of Three,” which traditionally has allowed employers to
hire from the top three scoring individuals who take a civil service test.
E) Test preparation. The Irondequoit Police will work with our school
districts to provide opportunities for students who wish to prepare for
the civil service examination. Members of the IPD will provide their
success stories and tools they used to prepare for and score on the test
to make themselves reachable on the civil service examination list. IPD
Town of Irondequoit Police Reform & Reinvention Page 6
will commit to providing support for not just the written examination,
but also for the physical agility portion of the examination process.
F) Civil service lists. The Irondequoit Police Department will explore both
the general civil service list, as well as the home rule list, to find the best
candidates for positions within the agency. There is a recognized
benefit to having officers and employees of the police department
that have a long-term connection to the Town. As such, the general
civil service list should still be utilized given it will be draw from a pool of
prospective candidates that have a strong connection to the Town of
Irondequoit, particularly those recruits who have grown up in
Irondequoit, but moved to nearby communities.
III) TRAINING AND EVALUATION
At present, officers with the Irondequoit Police Department go through extensive
training during the academy phase of their employment. Furthermore, they are
provided with exceptional and up-to-date professional development training
opportunities throughout their career as IPD officers. Better-trained Officers will
become better Officers; and better Officers will be better public servants to their
community. Training opportunities must also reflect the Department’s commitment
to helping ensure anti-racism continues to be held in principal and practice
throughout the Irondequoit community, something that can be demonstrated
through continuing to incorporate unconscious bias training into the overall training
portfolio offered to Officers and staff. Training objectives listed below are a key
pillar to IPD’s success as an agency.
A) Annual training. Members of the Irondequoit Police Department will
continue to participate in the required annual training set forth by New
York State Division of Criminal Justice Services (DCJS) in the areas of
Use of Force, Penal Law Article 35, and firearms training. At present, this
mandated training listed above amounts to approximately 16 hours for
each officer. IPD will increase training opportunities in the areas of
implicit bias, cultural awareness, mental health, and effectively
working with marginalized communities, make this training available to
all sworn officers and set minimum requirements for such additional
training.
B) Guardian Mindset. Through personal community engagement, public
forums, and input during community surveys, it was overwhelming
cited that citizens want a guardian mindset for the Officers. The IPD has
identified this as a priority for the agency. Command Officers have
already attended DCJS-provided training in the area of “Principled
Policing” and they will be tasked with preparing the program
specifically-tailored for the members of the IPD. While it is important for
Town of Irondequoit Police Reform & Reinvention Page 7
the members of the IPD to maintain a “warrior mode” in their toolbox
for those potential life threatening critical incidents, IPD must continue
to build into its core values the need for the guardian mindset in its
interaction with all community members, especially BIPOC, youth,
special needs individuals and those in police custody. The guardian
mindset should enhance the effectiveness of the aforementioned
training opportunities relative to implicit bias, cultural awareness, etc,.
C) Use of Force & De-Escalation Strategies. The IPD already has a Use of
Force Continuum as part of its General Orders. It will continue to work
with the MCC Public Safety Training Facility to provide use of force, de-
escalation and mental health training opportunities that emphasize
cultural awareness. Furthermore, IPD will implement training to teach
officer to intervene as bystanders when they perceive their peers are
doing something wrong. Examples of this include the Active
Bystandership for Law Enforcement (ABLE) Project created by the
Georgetown University Law School, which aims to create a police
culture where officers intervene, when necessary, to: prevent
misconduct, avoid mistakes and promote officer health and wellness.
D) Outside agency opportunities. The Irondequoit Police Department will
look to vendors from across the area to provide training in areas that
are not police specific. As the scope of law enforcement changes so
does the need for our training opportunities. Training opportunities from
faith-based communities, advocacy groups, and culturally specific
groups will be explored.
E) Evaluation process. The performance appraisal and evaluation of the
members of the Irondequoit Police Department will be reviewed and
redeveloped. The process will include a self-evaluation, more in-depth
employee development, and analysis of performance-based
incidents. The evaluation process must place emphasis on department
personnel’s understanding of implicit bias and competency in crisis
intervention. The Town Board should conduct an annual review of all
complaints filed against officers as part of the overall evaluation
process to help determine the efficacy of training.
F) Senior Officer Program. Those Officers who show a desire to coach and
mentor younger Officers will be identified by Department leadership as
candidates for Senior Officers. If these Officers wish to participate, they
will be utilized as coaches and mentors for younger Officers to instill the
adopted values of the Irondequoit Police Department for that younger
Officers’ professional development. This will also prepare the
designated Senior Officers for their role as a Supervisor should they
desire to and attain leadership roles within the Irondequoit Police
Town of Irondequoit Police Reform & Reinvention Page 8
Department. This would be a collaborative effort between the
Irondequoit Police Department and the Nightstick Club PBA, if so
desired.
IV) COMMUNITY ENGAGEMENT
For decades the Irondequoit Police have had a strong community engagement
program. These programs have focused on building trust with all those who IPD
serves. IPD is committed to maintaining those relationships but to also look at ways
to expand our relationships with those communities that border ours. Neighboring
community members are often traveling into Irondequoit for their daily activities
such as shopping, professional appointments, and banking. It is just as important to
IPD as public servants to be aware of these communities and cognizant of its
responsibility to serve everyone equally, professionally, with empathy, and with
dedication. From past surveys and community events, IPD learned that its
community desires the opportunity to meet with our members outside of the normal
course of police related calls for service. The community needs and wants personal
relationships with Officers, and IPD should strive to attain that goal with the following
objectives:
A. Policy group discussions. The Irondequoit Police Department will
host events to discuss our policies and procedures with the public.
These discussions will explain why certain steps are taken due to
laws, collective bargaining agreements, and due process for all
involved. An opportunity for the members of the group to provide
feedback will be allotted as well.
B. Annual Community Forum. To build off the success of previous
community forums that have focused on the Six Pillars of 21st
Century Policy, IPD should make a commitment to hosting an
annual community meeting. This forum would provide an update
on the Department’s implementation of its Six Pillars plan,
developed in 2019. This will continue to generate community input
and buy-in to this important plan. This forum should also provide
residents the opportunity to review the Department’s budget to
ensure it is aligned with the priorities of the community.
C. Increased participation in outside agency community events. The
IPD will collaborate with groups outside of law enforcement to
participate in their community events, open houses, and job fairs.
Members from all different ranks and job responsibilities of the
Irondequoit Police will be asked to participate in these events to
provide a full spectrum of availability of our members.
Town of Irondequoit Police Reform & Reinvention Page 9
D. Adopt a school. The adopt a school program will be expanded to
include after school events such as sports and clubs. The Officers
assigned to the schools will walk the schools or attend events after
school hours to build personnel relationships with the youth of the
Town of Irondequoit. IPD should seek opportunities to extend
elements of the AAS Program into schools on the northside of the
City of Rochester. It will be more challenging to have a formalized
program, but IPD should look to partner with the Rochester Police
Department Community Affairs Bureau to establish relationships in
City schools.
E. More visible patrol options. The Irondequoit Police Department will
research and determine the best options for patrol divisions within
the Town. This will be done to ensure that each area of the town is
receiving the utmost, high visible service from the IPD.
F. Irondequoit Community Center & Irondequoit Recreation. Space
that has been dedicated at the new Irondequoit Community
Center to the IPD will be utilized for a variety of services offered by
the agency. These services will include, but not be limited to: the
ability to take reports, community outreach, and planned
community meetings. The Department must furthermore utilize the
consistently growing network of residents – young and old – served
by Irondequoit Recreation to forge new connections with the
community. This can range from IPD involvement in youth
recreation programming to a more defined relationship with the
Senior center.
G. Adaptability. The COVID-19 Pandemic has presented challenges to
the IPD’s commitment to community engagement, much of which
has historically relied on in-person connection. IPD has looked to
adapt to a more virtual aspect of community engagement. For
instance, the “Adopt a Grandparent” program with St. Ann’s
Community provided the opportunity for IPD officers to connect
with older residents during the heart of the pandemic. Furthermore,
IPD has been a frequent participant in socially-distanced
community events, most notably the many “drive by” celebrations
that residents have conducted for birthdays and other life
milestones. In 2020, the annual National Night Out event, normally
attended by hundreds of residents, was conducted virtually
through a series of video presentations. Even post COVID, IPD must
continue to embrace technology as a means to further enhance its
traditional community engagement tactics.
Town of Irondequoit Police Reform & Reinvention Page 10
V) CRISIS INTERVENTION/OFFICER WELLNESS
The Irondequoit Police Department has joined every law enforcement agen cy in
Monroe County to advocate for changes in the mental health support system.
These changes must include a multi-faceted approach. There needs to be
collaboration between the law enforcement community, the mental health
community, and government programs at all levels to help with this initiative.
Numerous comments have been made to the IPD through surveys, emails, public
social media statements, and community forums that this area is paramount in
importance to the people who are served by the Department. There is an
exceptional relationship between the Irondequoit Police Department and the
Monroe County Forensic Intervention Team, and IPD must remain committed to
maintaining the partnership.
A) Crisis Intervention Training (CIT). Currently, approximately twenty (20%)
percent of the members of the Irondequoit Police Department are trained in
crisis intervention. The Department has committed to having all of our
members received this valuable training by the end of 2022. This will start
with those Officers assigned to road patrol divisions and will ultimately
include all members. Ultimately, each officer will receive 40 hours of training
for CIT certification and will then be required to receive 8 hours of annual
training thereafter. This training will cover a variety of topics relative to
mental health and emotional emergencies.
B) Officer Wellness. The Irondequoit Police will review and revamp its current
Employee Assistance general order. This will include a complete overhaul of
the policy and creation of an officer wellness program. We will work with
outside resources to provide the critical services to our employees. The role
of law enforcement requires our members to be exposed to very stressful
and sometimes very difficult calls for service that can affect them in very
profound ways. The IPD is dedicated to providing support for its Officers and
support staff and will make the necessary investment in resources to provide
for their well-being.
For sworn members, IPD will continue regular check-ins with its employees,
not just after a critical incident and provide continuous reminders of the
support services that are available. IPD will identify opportunities for our
supervisors (both civilian and sworn) to attend training in wellness training
opportunities. It will remain a priority to provide our civilian (non-sworn
officer) leaders the information and training necessary to assist their
employees both professionally and to provide support during any personal
crisis that may arise. Training opportunities under the Wellness umbrella will
include, but not be limited to: CIT, crisis negotiation, anti-racism, implicit bias,
cultural awareness and physical fitness.
Town of Irondequoit Police Reform & Reinvention Page 11
C) Critical Incident review. Command staff members will be required to
provide not only a tactical debrief of any critical incident, but a mental well-
being check in on the Officers involved in these incidents. Command staff
members will be provided with the resources to give this support to Officers
should they determine it is needed, or if the Officer asks for it. This includes
using the Town’s Employee Assistance Program (EAP), and Monroe County
Peer Support Groups.
D) Training. Training opportunities will be researched for all staff members to
attend in officer wellness. These trainings will be vetted to be specific to
those that are law enforcement specific. The aforementioned ABLE Project is
an opportunity to ensure officer wellness is not just a focus and concern, but
that evidence-based and peer-driven strategies are embedded into the
overall Department training program.
CONCLUSION
When the report from the Presidents task force on 21st Century Policing was issued, it
was adopted promptly by the Irondequoit Police Department. While IPD has taken
great strides over the years to maintain the Department’s professional service and
seek to better represent all members of the Irondequoit Community in an equitable
manner, it must continue to self-evaluate its performance, and also welcome
feedback from external stakeholders. The objectives set forth in this plan are a start
towards this improvement and the Irondequoit Police Department is committed to
continue this self-assessment and to listen to the Irondequoit community to better
serve and protect everyone. This report represents a foundation for progress. As
objectives are met, IPD will revisit the goals and strategies outlined above, and
continue to improve as an agency. The Town Board has committed to an annual
review of this plan, both with regards to compliance and to whether further
amendments are warranted.
9803647_1
Resolution No. 2021 - ________
EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A
RESOLUTION AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF
GRANT FUNDING FROM THE DORMITORY AUTHORITY OF THE STATE OF
NEW YORK
At the special meeting of the Town Board of the Town of Irondequoit (“Town”), Monroe
County, New York held at the Town Hall, 1280 Titus Avenue, in said Town, on the 30th day of
March, 2021 at 4:00 p.m. local time; there were:
PRESENT:
David Seeley Town Supervisor
Patrina Freeman Town Board Member
John Perticone Town Board Member
Kimie Romeo Town Board Member
Peter Wehner Town Board Member
Harter Secrest & Emery LLP Attorney for the Town
Town Board Member ______________________ offered the following resolution and moved its
adoption:
WHEREAS, the Town of Irondequoit has applied for grant funding from the Dormitory
Authority of the State of New York (“DASNY”), in the amount of $25,000 (“Grant”), for the
purpose of wind storm recovery work following the wind storm of March 2017 (“Project”);
WHEREAS, in connection with the Grant, DASNY requires two authorized officers of the
Town to execute a Municipal Grantee Questionnaire, and may further require the Town to
execute a Grant Disbursement Agreement; and
WHEREAS, the Project is advisable and in the best interest of the Town; and
WHEREAS, it is advisable and in the best interest of the Town to fund the Project with the
Grant funding, and to execute the Municipal Grantee Questionnaire and Grant Disbursement
Agreement.
NOW THEREFORE BE IT RESOLVED, that the Town Board accepts the Grant.
AND, BE IT FURTHER RESOLVED, that the Town Supervisor and the Commissioner of
Public Works are authorized to complete and execute the Municipal Grantee Questionnaire,
annexed hereto as Attachment A.
AND, BE IT FURTHER RESOLVED, that the Town Supervisor and Commissioner of Public
Works are hereby authorized and directed to apply for the Grant and that the form, terms and
9803647_1
provisions of that certain Grant Disbursement Agreement between the DASNY and the Town, in
substantially the form annexed hereto as Attachment B and in final form and substance to be
approved by the Town Supervisor and Commissioner of Public Works, and his or her signature
thereon being conclusive evidence of such approval (the “Agreement”), and that the execution,
delivery and performance by the Town of the Agreement and the consummation of all of the
transactions contemplated thereby, are hereby in all respects approved, adopted and authorized.
AND, BE IT FURTHER RESOLVED, that the Town Supervisor and Commissioner of Public
Works be, and hereby are, authorized, empowered and directed to take all such further actions
and to execute, deliver, certify and file all such further agreements, undertakings, certificates,
instruments and documents, in the name of and on behalf of the Town, and to pay all such costs,
fees and expenses as the Town Supervisor and Commissioner of Public Works shall approve as
necessary or advisable to carry out the intent and accomplish the purposes of the foregoing
recitals and resolution and the transactions contemplated thereby, the taking of such actions and
the execution, delivery, certification and filing of such documents to be conclusive evidence of
such approval.
AND, BE IT FURTHER RESOLVED, that that any and all actions taken by the Town
Supervisor and Commissioner of Public Works prior to the date of adoption of the foregoing
resolutions which would have been authorized by the foregoing resolutions but for the fact that
such actions were taken prior to such date, be, and each hereby is, ratified, approved, confirmed
and adopted as a duly authorized act of the Town in all respects and for all purposes.
This resolution shall take effect immediately upon its adoption.
Seconded by Town Board Member __________________________and duly put to vote, which
resulted as follows:
Town Board Member Wehner voting _______
Town Board Member Perticone voting _______
Town Board Member Romeo voting _______
Town Board Member Freeman voting _______
Town Supervisor Seeley voting _______
9803647_1
Attachment A
(Municipal Grantee Questionnaire)
1
Grant Programs
Municipal Grantee Questionnaire
THIS QUESTIONNAIRE MUST BE COMPLETED IN FULL BEFORE DASNY WILL PROCESS YOUR GRANT
APPLICATION. THE COMPLETED QUESTIONNAIRE WILL BE KEPT ON FILE FOR ONE (1) YEAR. THE GRANTEE
MUST NOTIFY DASNY, IN WRITING OF ANY CHANGES TO THESE RESPONSES.
SECTION I: GENERAL INFORMATION
1. Grantee (Legally Inc. Name):
2. Federal Employer ID No. (FEIN):
3. Website Address:
4. Business E-mail Address:
5. Principal Place of Business Address:
6. Telephone Number:
7. Type of Entity (Please select appropriate response):
a) County
b) City
c) Town
d) Village
e) Public Benefit Corporation
f) Fire District
g) School District
h) Soil or Water Conservation District
i) State University or City University of New York (including Community Colleges)
j) Public Library
k) BOCES
l) Other Please Specify: ________________________________________________
DocuSign Envelope ID: EFA7017D-6865-4A6B-8DA8-5D29139B3E74
www.irondequoit.org
Town of Irondequoit
X
dseeley@irondequoit.org
1280 Titus Ave, Rochester, NY 14617
166002287
585-336-6034
2
SECTION II: GRANTEE CERTIFICATION AS TO PUBLIC PURPOSE
A. DEFINITIONS
As used herein in this Grant Programs Municipal Grantee Questionnaire:
1. “Affiliate” means any person or entity that directly or indirectly controls or is controlled by or is under common control
or ownership of a Related Party.
2. “Authorized Officer” is someone who can contractually bind the organization to a legal contract. If you do not know
who this is, please consult with your attorney. DASNY will not be able to provide you with this information.
3. “Grantee” means the party or parties receiving funds pursuant to the terms of Grant Disbursement Agreemen t(s)
(“GDA”) to be entered into between the Grantee and DASNY.
4. “Grant-Funded Project” means the work that will be fully or partially paid for with the proceeds of one or more Grants
administered by DASNY, as described in the Preliminary Application(s), Project Information Sheet(s) and GDA(s),
and includes, but is not limited to, capital costs including architectural, engineering and other preliminary planning
costs, construction, furnishings and equipment.
5. “Related Party” means: (i) the party’s spouse,(ii) natural or adopted descendants or step -children of the party or of
the spouse, (iii) any natural or adopted parent or step-parent or any natural, adopted, or step-sibling of the party or
of the spouse, (iv) the son-in-law, daughter-in-law, brother-in-law, sister-in-law, father-in-law or mother-in-law of the
party or of the spouse, (v) any person sharing the home of any of the party or of the spouse, (vi) any person who has
been a staff member, employee, director, officer or agent of the party within two (2) years of the date of this Grantee
questionnaire, and (vii) affiliates or subcontractors of the party.
6. “Sponsoring Member(s)” means the Elected State Official who sponsored, arranged for and/or procured the Grant.
B. GRANT AWARD(S)
1. Has the Grantee or any of the Grantee’s Related Parties paid any third party or agent, either
directly or indirectly, to aid in the securing of a Grant? Yes No
If answer is “Yes”, Please explain:
DocuSign Envelope ID: EFA7017D-6865-4A6B-8DA8-5D29139B3E74
X
3
2. Has the Grantee or any of the Grantee’s Related Parties agreed to select specific consultants,
contractors, suppliers or vendors to provide goods or services in connection with any Grant-
Funded Project as a condition of receiving a Grant?
Yes No
If answer is “Yes”, Please explain:
3. Does the Grantee have a conflict of interest policy? Yes No
a) If “Yes”, will all consultants, contractors, suppliers and vendors selected to provide goods or
services in connection with any Grant-Funded Project be chosen in accordance with the
Grantee’s conflict of interest policy, or if consultants, suppliers and vendors retained in
connection with a Grant-Funded Project have already been selected, was the selection
undertaken in accordance with the Grantee’s conflict of interest policy?
Yes No
If answer is “No”, Please explain:
4. Does the Sponsoring Member(s) or any Related Parties to Sponsoring Member(s) have any
financial interest, direct or indirect, in the Grantee or in any of the Grantee’s equity owners, or
will the Sponsoring Members or any Related Parties to Sponsoring Members receive any
financial benefit, either directly or indirectly, from the Grant-Funded Project(s) funded in whole or
in part with Grant proceeds?
Yes No
If the answer is “Yes”, please provide details:
DocuSign Envelope ID: EFA7017D-6865-4A6B-8DA8-5D29139B3E74
X
X
X
X
4
SECTION III: DUE DILIGENCE QUESTIONS
1. Does the Grantee currently possess all certifications, licenses, permits, approvals, or other
authorizations issued by any Local, State, or Federal governmental entity in connection with any
Grant-Funded Project, Grantee’s services, operations, business, or ability to conduct its
activities? Please note this does not include construction related activities such as building
permits and certificates of occupancy for any Grant-Funded project.
Yes No
If the answer is “No”, will the Grantee obtain all required certifications, licenses, permits,
approvals, or other authorizations issued by Local, State, or Federal Governmental entity in
connection with any Grant-Funded Project, Grantee’s services, operations, business or ability to
conduct its activities prior to the execution of the Grant Disbursement Agreement for that Grant-
Funded Project? If the answer is “No”, please explain:
Yes No
2. Within the past five (5) years, has the Grantee or any Elected or Appointed Official on the Governing Board, Zoning
Board, Planning Board, or other Municipal Board or body of the Grantee been subject to any of the following:
a) A judgment or conviction for any business-related conduct constituting a crime under Federal,
State or Local government law?
Yes No
b) Been suspended, debarred or terminated by a Local, State or Federal authority in connection
with a contract or contracting process?
Yes No
c) Been denied an award of a Local, State or Federal government contract, had a contract
suspended or had a contract terminated for non-responsibility?
Yes No
d) Had a Local, State, or Federal government contract suspended or terminated for cause prior to
the completion of the term of the contract? Yes No
e) A criminal investigation or indictment for any business-related conduct constituting a crime
under Federal, State or Local government?
Yes No
f) An investigation for a civil violation for any busin ess-related conduct by any Federal, State or
Local agency?
Yes No
g) An unsatisfied judgment, injunction or lien for any business-related conduct obtained by any
Federal, State or Local government agency including, but not limited to, judgments based on
taxes owed and fines and penalties assessed by any Federal, State or Local government
agency?
Yes No
DocuSign Envelope ID: EFA7017D-6865-4A6B-8DA8-5D29139B3E74
X
X
X
X
X
X
X
X
5
h) A grant of immunity for any business-related conduct constituting a crime under Federal, State
or Local law including, but not limited to any crime related to truthfulness and/or business
conduct?
Yes No
i) An administrative proceeding or civil action seeking specific performance or restitution in
connection with any Federal, State or Local contract or lease?
Yes No
j) The withdrawal, termination or suspension of any grant or other financial support by any
Federal, State, or Local agency, organization or foundation?
Yes No
k) A suspension or revocation of any business or professional license held by the Grantee, a
current or former principal, director, or officer of the Grantee, or any member of the any current
or former staff of the Grantee?
Yes No
l) A sanction imposed as a result of judicial or administrative proceedings relative to any business
or professional license?
Yes No
m) A Federal, State or Local government enforcement determination involving a violation of
Federal, State or Local laws?
Yes No
n) A citation, notice, violation order, pending administrative hearing or proceeding or determination for violations of:
- Unemployment insurance or workers’ compensation coverage or claim requirements Yes No
- A Federal, State, or Local determination of a willful violation of any public works or labor law
or regulation?
Yes No
For each “Yes” answer to questions 2a-n, provide details regarding the finding, including but not limited
to cause, current status, resolution, etc.
3. During the past three (3) years, has the Grantee failed to file documentation requested by any
regulating entity, with the Attorney General of the State of New York, or with any other Local,
State, or Federal entity that has made a formal request for information?
Yes No
If “Yes”, indicate the years the Grantee fails to file the requested information and the current status of the matter:
DocuSign Envelope ID: EFA7017D-6865-4A6B-8DA8-5D29139B3E74
X
0
X
X
X
X
X
X
X
X
6
4. During the past three (3) years, has the Grantee had any Governmental audits conducted that
revealed material weaknesses in the Grantee’s system of internal controls or was non-compliant
with contractual agreements or any material disallowance?
Yes No
If “Yes”, please provide details and what has been done to rectify the weakness or non-compliance(s). If a
Corrective Action Plan was required, please provide details:
DocuSign Envelope ID: EFA7017D-6865-4A6B-8DA8-5D29139B3E74
X
7
CERTIFICATION
The Grantee certifies that all funds that will be expended pursuant to the terms of a GDA to be entered into between
DASNY and the Grantee are to be used solely and directly for the public purpose or public purposes described in the
Preliminary Application, Project Information Sheet and GDA. The Grantee further certifies that all such funds will be used
solely in the manner described in the Preliminary Application, Project Information Sheet, and GDA. The Grantee further
certifies that it will utilize the real property, equipment, furnishings, and other capital costs paid for with Grant proceeds
until such time as the Grantee reasonably determines that such real property, equipment, furnishings and other capital
costs are no longer reasonably necessary or useful to further the public purpose for which the Grant was made.
The undersigned recognizes that this questionnaire is submitted for the express purpose of inducing DASNY to make
payment to the Grantee for services rendered by the undersigned and that DASNY may in its discretion, by means which
it may choose, determine the truth and accuracy of all statements made herein. The undersign ed further acknowledges
that intentional submission of false or misleading information may constitute crimes, including but not limited to, a felony
under Penal Law Section 210.40 or a misdemeanor under Penal Law Section 210.35 or Section 210.45, and may also
be punishable by a fine of up to $10,000 or imprisonment of up to five years under 18 U.S.C. Section 1001; and swears
and/or affirms under penalty of perjury that the information submitted in this questionnaire and any attached pages is true,
accurate and complete.
The undersigned also certifies that s/he has not altered the content of the questions in the questionnaire in any manner;
has read and understands all of the items contained in the questionnaire and any attached pages; has supplied full a nd
complete and accurate responses to each item therein; is knowledgeable about the submitting Grantee’s business and
operations; understands that DASNY will rely on the information supplied in this questionnaire when entering into a
contract with the Grantee; and is under duty to notify DASNY of any changes to the Grantee’s responses herein until such
time as the Grant proceeds have been fully paid out to Grantee.
Signature of Authorized Officer
Signature of Authorized Officer
Printed Name of Authorized Officer
Printed Name of Authorized Officer
Title of Authorized Officer
Title of Authorized Officer
Date Signed Date Signed
DocuSign Envelope ID: EFA7017D-6865-4A6B-8DA8-5D29139B3E74
David Seeley
Supervisor
3/25/2021
9803647_1
Attachment B
(Form Grant Disbursement Agreement)
1
9803721_1
This GRANT DISBURSEMENT AGREEMENT includes
all exhibits and attachments hereto and is made on the terms and by the parties listed below
and relates to the project described below:
DORMITORY AUTHORITY OF THE STATE OF
NEW YORK (“DASNY”):
515 Broadway
Albany, New York 12207
Contact:
Phone:
E-mail: grants@dasny.org
THE GRANTEE: Town of Irondequoit
1280 Titus Avenue
Rochester, NY 14617
Contact: The Honorable David Seeley
Phone: (595) 336-6034
Email: dseeley@irondequoit.org
THE PROJECT:
PROJECT LOCATION:
PROJECT ADDRESS:
GRANT AMOUNT: $
FUNDING SOURCE:
For Office Use Only:
REDI APPLICATION DATE:
EXPIRATION DATE OF THIS AGREEMENT:
Project ID:
FMS#:
GranteeID:
GrantID:
REDUCE INVOICE AMOUNT BY 5%: YES NO
2
9803721_1
TERMS AND CONDITIONS
1. The Project
The Grantee will perform tasks within the scope of the project description, budget, and
timeline as set forth in the Project Budget attached hereto as Exhibit A (collectively, the
“Project”) which was described by the Grantee in the REDI Application submitted by the
Grantee, then reviewed by DASNY and approved by the State.
2. Project Budget and Use of Funds
a) The Grantee will undertake and complete the Project in accordance with the overall
budget, which includes the Grant funds, as set forth in the attached Exhibit A. The
Grant will be applied to eligible expenses which are as described in the REDI
Application, and fall within the scope of the project description set forth in the attached
Exhibit A.
b) Grantee agrees and covenants to apply the Grant proceeds only to capital works or
purposes, which shall consist of the following:
i. the acquisition, construction, demolition, or replacement of a fixed asset or
assets;
ii. the major repair or renovation of a fixed asset, or assets, which materially
extends its useful life or materially improves or increases its capacity; or
iii. the planning or design of the acquisition, construction, demolition,
replacement, major repair or renovation of a fixed asset or assets, including
the preparation and review of plans and specifications including engineering
and other services, field surveys and sub-surface investigations incidental
thereto.
c) Grantee agrees and covenants that the Grant proceeds shall not be used for costs
that are not capital in nature, which include, but shall not be limited to working capital,
rent, utilities, salaries, supplies, administrative expenses, or to pay down debt incurred
to undertake the Project.
d) No addition, modification or deletion to the GDA shall be effective without submission
of a Project Change Request in the form of Exhibit F. The Project Change Request
must be accepted by the Oversight Agency and approved by the REDI Commission.
3. Books and Records
The Grantee will maintain accurate books and records concerning the Project for six (6)
years from the date the Project is completed and will make those books and records
available to DASNY, its agents, officers and employees during Grantee’s business hours
upon reasonable request. In the event of earlier termination of this Agreement, such
3
9803721_1
documentation shall be made available to DASNY, its agents, officers and employees for
six (6) years following the date of such early termination.
4. Conditions Precedent to Disbursement of the Grant
No Grant funds shall be disbursed until the following conditions have been satisfied:
a) DASNY has received the project description, budget, and timeline as set forth in the
attached Exhibit A, and an opinion of Grantee’s counsel, in substantially the form
attached hereto as Exhibit B; and
b) The requirements of the REDI Program have been met including, but not limited to
contributing a minimum of 5% of the REDI Project Amount ; and
c) The monies required to fund the Grant have been received by DASNY; and
d) In the event of disbursement pursuant to paragraph 5(b) below, the Grantee has
provided DASNY with documentation evidencing that a segregated account has been
established by the Grantee into which Grant funds will be deposited (the “Segregated
Account”). Eligible Expenses incurred in connection with the Project to be financed
with Grant proceeds that are to be paid on invoice shall be paid out of the Segregated
Account. The funds in such account shall not be used for any other purpose.
e) The Grantee certifies that it is in compliance with the provisions of the REDI Program
as well as this Agreement and that the Grant will only be used for the Project set forth
in the REDI Application and in Exhibit A hereto.
f) Not-for-profit organizations are required to register and prequalify on the New York
State Grants Gateway (https://grantsmanagement.ny.gov/) in order to receive Grant
funds. The Grantee’s Document Vault must be in prequalification status prior to any
disbursements of the grant funds.
5. Disbursement
Subject to the terms and conditions contained in this Agreement, DASNY shall disburse
the Grant to the Grantee, in the manner set forth in Exhibit D, as follows:
a) Reimbursement: DASNY shall make payment directly to the Grantee in the amount of
Eligible Expenses actually incurred and paid for by the Grantee, upon presentation to
DASNY of:
i. the Payment Requisition Forms attached to this Agreement as Exhibit E and
its attachments;
ii. copies of invoices for Eligible Expenses from the Grantee’s contractor and/or
vendor and proof of payment from the Grantee to the contractor and/or vendor
in a form acceptable to DASNY; and
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iii. such additional supporting documentation as DASNY may require in order to
clearly demonstrate that Eligible Expenses were incurred and paid by the
Grantee in connection with the Project described herein; or
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b) Payment on Invoice:
i. DASNY may make payment directly to the Grantee in the amount of Eligible
Expenses actually incurred by the Grantee, upon presentation to DASNY of:
1) the Payment Requisition Forms attached to this Agreement as Exhibit E
and its attachments;
2) copies of invoices for Eligible Expenses from the Grantee’s contractor
and/or vendor in a form acceptable to DASNY evidencing the completion
of work; and
3) such additional supporting documentation as DASNY may require in order
to clearly demonstrate that Eligible Expenses were incurred by the Grantee
in connection with the Project described herein.
ii. The Grantee must deposit all Grant proceeds paid on invoice pursuant to this
paragraph 5(b) into the Segregated Account established pursuant to
Paragraph 4(d). All Eligible Expenses incurred in connection with the Project
to be financed with Grant funds that are to be paid on invoice must be paid out
of this account. The account shall not be used for any other purpose.
iii. The Grantee must provide proof of disbursement of Grant funds to the
respective contractor and/or vendor in a form acceptable to DASNY, within
sixty (60) days of the date that Grant funds are disbursed to the Grantee to pay
for such costs. DASNY will not make any additional disbursements from Grant
funds until such time as proof of payment is provided.
iv. Utilizing the Grant funds paid to the Grantee pursuant to this section for any
purpose other than paying the contractors and/or vendors identified in the
requisition documentation in the amounts set forth in the requisition shall
constitute a default under this Agreement and shall, at a minimum, result in the
denial of payment on invoice for subsequent requisitions.
v. DASNY may deny payment on invoice at its sole and absolute discretion,
thereby restricting the method of payment pursuant to this contract to
reimbursement subject to the terms of Section 5(a).
c) Real Property Acquisition:
i. Prior to closing on the sale of the subject real property, DASNY shall be
provided with an executed Escrow Instruction Letter, signed by DASNY and an
escrow agent approved by DASNY, a title report, the draft deed and any other
documents requested by DASNY to justify and support the costs to be paid at
the closing from Grant funds.
ii. DASNY shall transfer the Grant funds to the escrow agent to hold in escrow
pending closing. The Grant funds will be wired to the escrow agent not more
than one (1) business day prior to the scheduled closing unless otherwise
approved by DASNY.
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iii. On the day of the closing, the escrow agent shall provide DASNY with copies
of the executed deed, a copy of the title insurance policy, the final closing
statement setting forth costs to be paid at closing, and copies of any checks
to be drawn against Grant funds.
iv. Upon DASNY approval, the escrow agent shall disburse the Grant funds as set
forth in the documentation described in (iii), above.
d) Electronic Payments Program: DASNY reserves the right to implement an electronic
payment program (“Electronic Payment Program”) for all payments to be made to the
Grantee thereunder. Prior to implementing an Electronic Payment Program, DASNY
shall provide the Grantee written notice one hundred twenty days prior to the effective
date of such Electronic Payment Program (“Electronic Payment Effective Date”).
Commencing on or after the Electronic Payment Effective Date, all payments due
hereunder by the Grantee shall only be rendered electronically, unless payment by
paper check is expressly authorized by DASNY. Commencing on or after the
Electronic Payment Effective Date the Grantee further acknowledges and agrees that
DASNY may withhold any request for payment hereunder, if the Grantee has not
complied with DASNY’s Policies and Procedures relating to its Electronic Payment
Program in effect at such time, unless payment by paper check is expressly authorized
by DASNY.
e) In no event will DASNY make any payment which would cause DASNY’s aggregate
disbursements to exceed the Grant amount.
f) The Grant, or a portion thereof, may be subject to recapture by DASNY as provided in
Section 9(c) hereof.
6. Non-Discrimination and Affirmative Action
The Grantee shall make its best effort to comply with DASNY’s Non-Discrimination and
Affirmative Action policies set forth in Exhibit G to this Agreement.
7. No Liability of DASNY or the State
DASNY shall not in any event whatsoever be liable for any injury or damage, cost or
expense of any nature whatsoever that occurs as a result of or in any way in connection
with the Project and the Grantee hereby agrees to indemnify and hold harmless DASNY,
the State and their respective agents, officers, employees and directors (collectively, the
“Indemnitees”) from and against any and all such liability and any other liability for injury
or damage, cost or expense resulting from the payment of the Grant by DASNY to the
Grantee or use of the Project in any manner, including in a manner which, if the bonds
are issued on a tax-exempt basis, (i) results in the interest on the bonds issued by DASNY
the proceeds of which were used to fund the Grant (the “Bonds”) to be includable in gross
income for federal income tax purposes or (ii) gives rise to an allegation against DASNY
by a governmental agency or authority, which DASNY defends that the interest on the
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Bonds is includable in gross income for federal income tax purposes, other than that
caused by the gross negligence or the willful misconduct of the Indemnitees.
8. Warranties and Covenants
The Grantee warrants and covenants that:
a) The Grant shall be used solely for Eligible Expenses in accordance with the Terms
and Conditions of this Agreement.
b) No materials, if any, purchased with the Grant will be used for any purpose other than
the eligible Project costs as identified in Exhibit A.
c) The Grantee agrees to utilize all funds disbursed in accordance with this Agreement
in accordance with the terms of the REDI Program.
d) The Grantee is solely responsible for all Project costs in excess of the Grant. The
Grantee will incur and pay Project costs and submit requisitions for reimbursement in
connection with such costs.
e) The Grantee has sufficient, secured funding for all Project costs in excess of the Grant,
and will complete the Project as described in the REDI Application and in this
Agreement.
f) The Grantee agrees to use its best efforts to utilize the Project for substantially the
same purpose set forth in this Agreement until such time as the Grantee determines
that the Project is no longer reasonably necessary or useful in furthering the public
purpose for which the grant was made.
g) There has been no material adverse change in the financial condition of the Grantee
since the date of submission of the REDI Application to DASNY.
h) No part of the Grant will be applied to any expenses paid or payable from any other
external funding source, including State or Federal grants, or g rants from any other
public or private source.
i) The Grantee owns, leases, or otherwise has control over the site where the Project
will be located. If the Project includes removable equipment or furnishings including
but not limited to, computer hardware and software, air conditioning units, lab
equipment, office furniture and telephone systems, Grantee will develop, implement
and maintain an inventory system for tracking such removable equipment and
furnishings.
j) In the event the Grantee will utilize the Grant funds to acquire real property, the
Grantee must retain title ownership to the real property. If at any time during the term
of this Agreement the real property is repurchased by the Seller or otherwise conveyed
to any entity other than the Grantee, the Grantee will notify DASNY within 10 business
days from the date the contract of sale is executed OR within 10 business days from
the date the Grantee initiates or is notified of the intent to transfer ownership of the
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real property, whichever is earlier. In that event, Grantee hereby agrees to repay to
DASNY all Grant funds disbursed pursuant to this Agreement.
k) The Project to be funded by the Grant will be located in the State of New York. If the
Grant will fund all or a portion of the purchase of any type of vehicle, such vehicle will
be registered in the State of New York and a copy of the New York State Vehicle
Registration documents will be provided to DASNY’s Accounts Payable Department
at the time of requisition.
l) Grantee is in compliance with, and shall continue to comply in all material respects,
with all applicable laws, rules, regulations and orders affecting the Grantee and the
Project including but not limited to maintaining the Grantee’s document vault on the
New York State Grants Reform Gateway (https://grantsmanagement.ny.gov/).
m) The Grantee has obtained all necessary consents and approvals from the property
owner in connection with any work to be undertaken in connection with the Project.
n) All contractors and vendors retained to perform services in connection with the Project
shall be authorized to do business in the State of New York and/or filed such
documentation, certifications, or other information with the State or County as required
in order to lawfully provide such services in the State of New York. In addition, said
contractor/vendors shall possess and maintain all professional licenses and/or
certifications required to perform the tasks undertaken in connection with the Project.
o) Neither the Grantee nor any of the members of its Board of Directors or other
governing body or its employees have given or will give anything of value to anyone
to procure the Grant or to influence any official act or the judgment of any person in
the performance of any of the terms of this Agreement.
p) The Grant shall not be used in any manner for any of the following purposes:
i. political activities of any kind or nature, including, but not limited to, furthering
the election or defeat of any candidate for public, political or party office, or for
providing a forum for such candidate activity to promote the passage, defeat,
or repeal of any proposed or enacted legislation;
ii. religious worship, instruction or proselytizing as part of, or in connection with,
the performance of this Agreement;
iii. payments to any firm, company, association, corporation or organization in
which a member of the Grantee’s Board of Directors or other governing body,
or any officer or employee of the Grantee, or a member of the immediate family
of any member of the Grantee’s Board of Directors or other governing body,
officer, or employee of the Grantee has any ownership, control or financial
interest, including but not limited to an officer or employee directly or indirectly
responsible for the preparation or the determination of the terms of the contract
or other arrangement pursuant to which the proceeds of the Grant are to be
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disbursed. For purposes of this paragraph, “ownership” means ownership,
directly or indirectly, of more than five percent (5%) of the assets, stock, bonds
or other dividend or interest-bearing securities; and “control” means serving as
a member of the board of directors or other governing body, or as an officer in
any of the above; and
iv. payment to any member of Grantee’s Board of Directors or other governing
body of any fee, salary or stipend for employment or services, except as may
be expressly provided for in this Agreement.
q) The relationship of the Grantee (including, for purposes of this paragraph, its officers,
employees, agents and representatives) to DASNY arising out of this Agreement shall
be that of an independent contractor. The Grantee covenants and agrees that it will
conduct itself in a manner consistent with such status, that it will neither hold itself out
as, nor claim to be, an officer, employee, agent or representative of DASNY or the
State by reason hereof, and that it will not by reason thereof, make any claim, demand
or application for any right or privilege applicable to an officer , employee, agent or
representative of DASNY or the State, including without limitation, worker’s
compensation coverage, unemployment insurance benefits, social security coverage
or retirement membership or credit.
r) The information contained in the REDI Application submitted by the Grantee in
connection with the Project and the Grant, as such may have been amended or
supplemented and any supplemental documentation requested by the State or
DASNY in connection with the Grant, is incorporated herein by reference in its entirety.
In the event of an inconsistency between the descriptions, conditions, and terms of
this Agreement and those contained in the REDI Application, the provisions of this
Agreement shall govern. The Grantee hereby acknowledges that DASNY has relied
on the statements and representations made by the Grantee in the REDI Application
and any supplemental information in making the Grant. The Grantee hereby
represents and warrants that it has made no material misstatement or omission of fact
in the REDI Application, supplemental information, or otherwise in connection with the
Grant and that the information contained in the REDI Application and supplemental
information continues on the date hereof to be materially correct and complete.
s) The Grantee hereby represents and warrants that it has made no material
misstatement or omission of fact in the Grantee Questionnaire (“GQ”), attached hereto
as Exhibit C, or the Grantee’s document vault in the New York State’s Grants Reform
Gateway completed by the Grantee in connection with the Project and the Grant, and
that the responses in the GQ and the document vault continue on the date hereof to
be materially correct and complete. The Grantee hereby acknowledges that DASNY
has relied on the statements and representations made by the Grantee in the GQ in
making the Grant, and that the Grantee will be required to reaffirm the information
therein each time a requisition for grant funds is presented to DASNY.
t) The Grantee is duly organized, validly existing and in good standing under the laws of
the State of New York, or is duly organized and validly existing under the laws of
another jurisdiction and is authorized to do business and is in good standing in the
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State of New York and shall maintain its corporate existence in good standing in each
such jurisdiction for the term of this Agreement, and has full power and authority to
execute and deliver the Agreement and to perform its obligations thereunder;
u) The Grantee agrees to provide such documentation to DASNY as may be requested
by DASNY in its sole and absolute discretion to support a requisition for payment, to
determine compliance by the Grantee with the terms of this Agreement or otherwise
reasonably requested by DASNY in connection with the Grant, and further
acknowledges that if documentation requested in connection with a requisition for
payment does not, in the sole and absolute discretion of DASNY, provide adequate
support for the costs requested, that such requisition request shall be denied and
payment shall not be made to the Grantee.
v) The Agreement was duly authorized, executed and delivered by the Grantee and is
binding on and enforceable against the Grantee in accordance with its terms.
w) The Grantee has contributed, or will contribute, the standard matching requirement for
the required non-state funds contribution of the Project costs in a form allowed by the
Program. The Grantee’s matching requirement is 5% of the REDI Project Amount.
9. Default and Remedies
a) Each of the following shall constitute a default by the Grantee under this Agreement:
i. Failure to perform or observe any obligation, warranty or covenant of the
Grantee contained herein, or the failure by the Grantee to perform the
requirements herein to the reasonable satisfaction of DASNY and within the
time frames established therefor under this Agreement.
ii. Failure to comply with any request for information reasonably made by DASNY
to determine compliance by the Grantee with the terms of this Agreement or
otherwise reasonably requested by DASNY in connection with the Grant.
iii. The making by the Grantee of any false statement or the omission by the
Grantee to state any material fact in or in connection with this Agreement or
the Grant, including information provided in the REDI Application or in any
supplemental information that may be requested by the State or DASNY.
iv. The Grantee shall (A) be generally not paying its debts as they become due,
(B) file, or consent by answer or otherwise to the filing against it of, a petition
under the United States Bankruptcy Code or under any other bankruptcy or
insolvency law of any jurisdiction, (C) make a general assignment for the
benefit of its general creditors, (D) consent to the appointment of a custodian,
receiver, trustee or other officer with similar powers of itself or of any
substantial part of its property, (E) be adjudicated insolvent or be liquidated or
(F) take corporate action for the purpose of any of the foregoing.
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v. An order of a court having jurisdiction shall be made directing the sale,
disposition or distribution of all or substantially all of the property belonging to
the Grantee, which order shall remain undismissed or unstayed for an
aggregate of thirty (30) days.
vi. The Grantee abandons the Project prior to its completion.
vii. The Grantee is found to have falsified or modified any documents submitted in
connection with this grant, including but not limited to invoice, contract or
payment documents submitted in connection with a Grantee’s request for
payment/reimbursement.
viii. Utilizing the Grant funds paid to the Grantee pursuant to Section 5(b) for any
purpose other than paying the contractors and/or vendors identified in the
requisition documentation in the amounts set forth in the requisition.
b) Upon the occurrence of a default by the Grantee and written notice by DASNY
indicating the nature of the default, DASNY shall have the right to terminate this
Agreement.
c) Upon any such termination, DASNY may withhold any Grant proceeds not yet
disbursed and may require repayment of Grant proceeds already disbursed. If DASNY
determines that any Grant proceeds had previously been released based upon
fraudulent representations or other willful misconduct, DASNY may require repayment
of those funds and may refer the matter to the appropriate authorities for prosecution.
DASNY shall be entitled to exercise any other rights and seek any other remedies
provided by law.
10. Term of Agreement
Notwithstanding the provisions of Section 9 hereof, this Agreement shall terminate three
(3) years after the latest date set forth on the front page hereof without any further notice
to the Grantee. DASNY, in its sole discretion, may extend the term of this Agreement
upon a showing by the Grantee that the Project is under construction and is expected to
be completed within the succeeding twelve (12) months. All requisitions must be
submitted to DASNY in proper form prior to the termination date in order to be reimbursed.
11. Project Audit
DASNY shall, upon reasonable notice, have the right to conduct, or cause to be
conducted, one or more audits, including field inspections, of the Grantee to assure that
the Grantee is in compliance with this Agreement. This right to audit shall continue for six
(6) years following the completion of the Project or earlier termination of this Agreement.
12. Survival of Provisions
The provisions of Sections 3, 7, 8(o), 8(p) and 11 shall survive the expiration or earlier
termination of this Agreement.
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13. Notices
Each notice, demand, request or other communication required or otherwise permitted
hereunder shall be in writing and shall be effective upon receipt if personally delivered or
sent by any overnight service or three (3) days after dispatch by certified mail, return
receipt requested, to the addresses set forth on this document’s cover page.
14. Assignment
The Grantee may not assign or transfer this Agreement or any of its rights hereunder.
15. Modification
This Agreement may be modified only by a written instrument executed by the party
against whom enforcement of such modification is sought and in accordance with Section
2(d) of this Agreement.
16. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the
State of New York. This Agreement shall be construed without the aid of any presumption
or other rule of law regarding construction against the party drafting this Agreement or any
part of it. In case any one or more of the provisions of this Agreement shall for any reason
be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision hereof and this Agreement shall be
construed as if such provision(s) had never been contained herein.
17. Confidentiality of Information
Any information contained in reports made to DASNY or obtained by DASNY as a result
of any audit or examination of Grantee’s documents or relating to trade secrets, operations
and commercial or financial information, including but not limited to the nature, amount or
source of income, profits, losses, financial condition, marketing plans, manufacturing
processes, production costs, productivity rates, or customer lists, provided that such
information is clearly marked “confidential” by the Grantee that concerns or relates to trade
secrets, operations and commercial or financial information, including but not limited to
the nature, amount or source of income, profits, losses or expenditures, financial condition,
marketing plans, manufacturing processes, production costs, productivity rates, or
customer lists, which is determined by DASNY to be exempt from public disclosure under
the Freedom of Information Law, shall be considered business confidential and is not to
be released to anyone, except DASNY and staff directly involved in assisting the Grantee,
without prior written authorization from the Grantee, as applicable. Notwithstanding the
foregoing, DASNY will not be liable for any information disclosed, in DASNY’s sole
discretion, pursuant to the Freedom of Information Law, or which DASNY is required to
disclose pursuant to legal process.
18. Executory Clause
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This Agreement shall be deemed executory to the extent of monies available for the REDI
Program to DASNY.
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Town of Irondequoit
Project ID
This agreement is entered into as of the latest date written below:
GRANTEE: TOWN OF IRONDEQUOIT
/GRANTEESIGNATURE/
(Signature of Grantee Authorized Officer)
/GRANTEENAME/ /GRANTEETITLE/
(Printed Name and Title)
Date: /GRANTEESIGNEDDATE/
DORMITORY AUTHORITY OF THE STATE OF NEW YORK
/DASNYSIGNATURE/
(Signature of DASNY Authorized Officer)
/DASNYSIGNATURENAME/ /DASNYTITLE/
(Printed Name)
Date: /DASNYSIGNEDDATE/
DASNY OFFICE USE ONLY
GRANTS ADMIN REVIEW FINAL LEGAL REVIEW
APPROVED FOR LEGAL
REVIEW: /GAAPPROVER/ APPROVED FOR
SIGNATURE: /DASNYAPPROVER/
DATE: /GAAPPROVEDDATE/ DATE: /DASNYAPPROVEDDATE/
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GRANT DISBURSEMENT AGREEMENT
EXHIBITS
EXHIBIT A Project Budget
EXHIBIT B Opinion of Counsel
EXHIBIT C Grantee Questionnaire
EXHIBIT D Disbursement Terms
EXHIBIT E Payment Requisition Form and Dual Certification
EXHIBIT E-1 Payment Requisition Cover Letter
EXHIBIT E-2 Payment Requisition Back-up Summary
EXHIBIT F Non-Discrimination and Affirmative Action Policy
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EXHIBIT A: Project Budget
Town of Irondequoit
Project ID
USE OF FUNDS TIMELINE SOURCES
Total
Anticipated Dates**
DASNY
Share
In-Kind/Equity/Sponsor Other Sources
Project Description* Start End Amount Source
Name Amount Entity Name Amount
MO. /STARTD/ /ENDD/ $
$ $ $
* Please note that the project description as set forth in this column must summarize the scope of the Eligible Expenses set forth in the
REDI Application as per Section 2(a) of this Agreement for which reimbursement or payment on invoice will be sought. Please ensure
that the project description is an appropriate summary of the Eligible Expenses for which grantee will be submitting for requisition. The
failure to ensure all Eligible Expenses are consistent with the project description may delay payment.
** Please be sure to complete the anticipated start and end dates in the Project timeline.
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EXHIBIT B: Opinion of Counsel
DASNY
515 Broadway
Albany, New York 12207
Attn: Michael E. Cusack, General Counsel
Re: Lake Ontario Resiliency and Economic Development Initiative (“REDI”) Grant
Project ID
Ladies and Gentlemen:
I have acted as counsel to Town of Irondequoit (the “Grantee”) in connection with the Project
referenced above. In so acting, I have reviewed a certain Grant Disbursement Agreement
between you and the Grantee (the “Agreement”) and such other documents as I consider
necessary to render the opinion expressed hereby.
Based on the foregoing, I am of the opinion that:
1. the Grantee is duly organized, validly existing and in good standing under the laws of the
State of New York or, is duly organized and validly existing under the laws of another jurisdiction.
The Grantee is authorized to do business and is in good standing in the State of New Yor k and
has full power and authority to execute and deliver the Agreement and to perform its obligations
thereunder; and
2. the Agreement was duly authorized, executed and delivered by the Grantee and is binding
on and enforceable against the Grantee in accordance with its terms.
RD_1
By selecting this option and providing my electronic signature, I hereby execute and
deliver a validly binding legal opinion in the form of this Exhibit B, just the same as a
pen-and-paper signature on a separate document.
/ATTORNEYSIG/
/ATTORNEYNAME/ /ATTORNEYFIRM/
RD_2 Approved – Legal Opinion attached /ATTACHOPINION/
/ATTORNEYNAMEATTACH/
/ATTORNEYFIRMATTACH/
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**Instructions – Grantee’s Attorney will choose appropriate response . If “Approved as to form”
is checked, the Attorney will DocuSign form. If “Approved – Legal Opinion attached” is
checked, the Attorney must attach a legal opinion using the language provided in this exhibit.
EXHIBIT C: Grantee Questionnaire
PLEASE READ THE FOLLOWING:
1) You are acknowledgeing the following regarding the included Grantee Questionnaire:
• This inserted Grantee Questionnaire is an accurate and true copy of such previously
submitted DASNY Grantee Questionnaire.
• The Grantee certifies that there has been no material change in the information
provided in the Grantee Questionnaire.
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EXHIBIT D: Disbursement Terms
Town of Irondequoit
Project ID
Subject to the terms and conditions contained in this Agreement, DASNY shall disburse the Grant
to the Grantee as follows:
Standard Reimbursement
DASNY shall make payment to the Grantee, no more frequently than monthly, based upon
Eligible Expenses (as set forth and in accordance with the schedule in Exhibit A) actually incurred
by the Grantee, in compliance with Exhibit A and upon presentation to DASNY of the Payment
Requisition Forms attached to this Agreement as Exhibit E and its attachments, together with
such supporting documentation as DASNY may require in order to clearly demonstrate that
Eligible Expenses were actually incurred by the Grantee in connection with the Project described
herein. Payment shall be made by reimbursement, subject to the terms and conditions of
Sections 4 and 5(a) of this Agreement; by payment on invoice subject to the terms and conditions
of Sections 4 and 5(b) of this Agreement; or, for real property acquisition, subject to the terms
and conditions of Sections 4 and 5(c) of this Agreement.
Supporting documentation acceptable to DASNY must be provided prior to payment,
including invoices and proof of payment in a form acceptable to DASNY. If the fronts and backs
of canceled checks cannot be obtained from the Grantee’s financial institution, a copy of the front
of the check must be provided, along with a copy of a bank statement clearly showing that
payment was made by the Grantee to the contractor. DASNY reserves the right to request
additional supporting documentation in connection with requests for payment, including the
backs of canceled checks, certifications from contractors or vendors, or other documentation to
verify that grant funds are properly expended. Please note that quotes, proposals, estimates,
purchase orders, and other such documentation do NOT qualify as invoices.
The Grantee agrees to provide such documentation to DASNY as may be requested by
DASNY in its sole and absolute discretion to support a requisition for payment, to determine
compliance by the Grantee with the terms of this Agreement or otherwise reasonably requested
by DASNY in connection with the Grant, and further acknowledges that if documentation
requested in connection with a requisition for payment does not, in the sole and absolute
discretion of DASNY, provide adequate support for the costs requested, that such requisition
request shall be denied and payment shall not be made to the Grantee.
All expenses submitted for reimbursement or payment on invoice must be for work
completed at the approved Project location(s) and/or items received at the approved Project
location(s) prior to the date of the request for reimbursement/payment. I n addition, if funds are
requisitioned for the purchase of a vehicle, the New York State Vehicle Registration Documents
and title must be submitted along with the requisition forms.
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EXHIBIT E: Payment Requisition Form and Dual Certification
Town of Irondequoit
Project ID
Payment Request #
For work completed between / / and / /
THIS REQUEST:
A: DASNY SHARE* B: THIS REQUEST
C: TOTAL
REQUESTED
PRIOR TO THIS
REQUEST
D: A-B-C
BALANCE
$
* Please note that when submitting a requisition for payment, DASNY can only reimburse for
capital expenditures for the Project as set forth in Exhibit A of this Agreement. In addition,
all capital expenditures are to be both incurred (billed to) and paid for by the named Grantee.
Capital expenditures include the costs of acquisition, design, construction, reconstruction,
rehabilitation, preservation, development, improvement, modernization and equipping of the
approved Project location.
For Office Use Only:
FMS#: 147588 GranteeID: 1515 GrantID: 21388
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EXHIBIT E: Payment Requisition Form and Dual Certification
DUAL CERTIFICATION
This certification must be signed by two Authorized Officers of the Town of Irondequoit, for Project # .
We hereby warrant and represent to DASNY that:
1. To the best of our knowledge, information and belief, the expenditures described in Payment Requisition
Request # attached hereto in the amount of $ for which Town of Irondequoit,
is seeking payment and/or reimbursement comply with the requirements of the Agreement between
DASNY and Town of Irondequoit (the “Agreement”), are Eligible Expenses, and that the payment and/or
reimbursement of expenditures for which it is seeking payment and/or reimbursement from DASNY does
not duplicate reimbursement or disbursement of costs and/or expenses from any other source.
2. The warranties and covenants contained in Section 8 of the Agreement are true and correct as if made
on the date hereof.
3. The Eligible Expenses for which reimbursement is sought in connection with this requisition were actually
incurred by the Grantee named on the cover page of this Agreement, and/or will be paid by the Grantee
solely from the Segregated Account esta blished pursuant to paragraph 4(d) of the Grant Disbursement
Agreement to the contractor named on the invoices submitted in connection with this requisition and
shall not be used for any other purpose.
4. All Project costs described in any contractor/vendo r invoice submitted pursuant the payment requisition
form have been completely and fully performed and/or received on site at the applicable project location
prior to the date hereof.
5. Proof of disposition of funds from the Segregated Account to the co ntractor and/or vendors that are
being paid on invoice, if any, will be provided to DASNY within sixty (60) days of the date that Grant
funds are disbursed to the Grantee to pay for such costs. We understand that in the event that
acceptable proof of payment is not provided, DASNY will not make any additional disbursements from
Grant funds until such time as such proof of payment is provided.
6. We have the authority to submit this requisition on behalf of Town of Irondequoit. All eligible expenses
have been incurred within the scope of the project description set forth in the schedule in Exhibit A to
this Agreement.
7. The following documents are hereby attached for DASNY approval, in support of this requisition, and
are accurate images of the original documents (Please check off all that apply):
Readable copies of both front and back of canceled checks.
Readable copies of the front of the checks and copies of bank statements showing that the checks
have cleared.
Copy of New York State Vehicle Registration and Title documents for all vehicles purchased with
Grant funds.
Invoices/receipts for eligible goods/services that have been received/performed at the approved
Project location(s) and a completed Exhibit E-2: Payment Requisition Back-up Summary.
Other:
Authorized Officer Signature: ___________________________________ Date: ______________
Print Name: ___________________________________
Title: ___________________________________
Authorized Officer Signature: ___________________________________ Date ______________
Print Name: ___________________________________
Title: ___________________________________
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EXHIBIT E-l: Payment Requisition Cover Letter
ON GRANTEE’S LETTERHEAD
Date
Attention: Accounts Payable - Grants
DASNY
515 Broadway
Albany, New York 12207
Re: Lake Ontario Resiliency and Economic Development Initiative (“REDI”) Grant
Project No.
To Whom It May Concern:
Enclosed please find our request for payment/reimbursement. The package includes completed
Exhibits E and E-2, including a Dual Certification with original signatures from two authorized
officers. I have also included supporting documentation and invoices, as summarized in Exhibit
E-2.
Below I have checked off the relevant payment option and completed the required payment
information. This information is complete and accurate as of the date of this letter:
1) We would like to be paid by reimbursement pursuant to section 5(a) of the grant
disbursement agreement. Proof of payment is enclosed for all invoices submitted in this
request. Please remit payment by check.
OR
2) We would like to be paid by reimbursement pursuant to section 5(a) of the grant
disbursement agreement. Proof of payment is enclosed for all invoices submitted in this
request. Please remit payment by wire. The wire instructions for our account are as
follows:
BANK NAME: ACCOUNT #:
ACCOUNT NAME: ABA #:
OR
3) We would like to be paid on invoice pursuant to Section 5(b) of the grant disbursement
agreement. We have not paid the invoice(s) included in this request. We have established
a segregated account to be used solely for accepting and disbursing funds from
DASNY for this grant and for no other purpose. The wire instructions for this account
are as follows:
BANK NAME: ACCOUNT #:
ACCOUNT NAME: ABA #:
If any further information is needed, please contact me at ( ) .
Signature:
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Print Name: Title:
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EXHIBIT E-2: Payment Requisition Back-up Summary
Town of Irondequoit
Project ID
Please list below all invoice amounts totaling the amount for which you are seeking reimbursement in
this request. Invoices should be organized and total amount requested for reimbursement from grant
subtotaled. Please use additional sheets if necessary.
VENDOR/
CONTRACTOR
NAME
INVOICE/
APPLICATION #
AMOUNT REQUESTED
FROM GRANT FUNDS
COMMENT
TOTAL Requested: (Transfer total amount
requested to Exhibit E
pg. 18 column B)
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EXHIBIT F: Project Change Request
Town of Irondequoit
Project ID
Oversight Agency: OPRHP
REDI Project (s): MO.
Reason for Project Change:
Revise Project Scope
Amend Project Timeline
Decline Project
Justification for Project Change
* Please note that when submitting a Project Change Request, DASNY wil review and
coordinate with the Oversight Agency and the REDI Commission.
Oversight Agency Acceptance: ___________________
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REDI Commission Approval: _____________________
EXHIBIT G
NON-DISCRIMINATION AND AFFIRMATIVE ACTION POLICY FOR THE PROJECT
It is the policy of the State of New York and DASNY, to comply with all federal, State and local
law, policy, orders, rules and regulations which prohibit unlawful discrimination because of race,
creed, color, national origin, sex, sexual orientation, age, disability or marital status, and to take
affirmative action to ensure that Minority and Women-owned Business Enterprises (M/WBEs),
Minorities Group Members and women share in the economic opportunities generated by
DASNY’s participation in projects or initiatives, and/or the use of DASNY funds.
1) The recipient of State funds represents that its equal employment opportunity policy statement
incorporates, at a minimum, the policies and practices set forth below:
a) Grantee shall (i) not unlawfully discriminate against employees or applicants for
employment because of race, creed, color, national origin, sex, sexual orientation, age,
disability or marital status, (ii) undertake or continue existing programs of affirmative action
to ensure that Minority Group Members and women are afforded equal employment
opportunities, and (iii) make and document its conscientious and active efforts to employ
and utilize M/WBEs, Minority Group Members and women in its workforce on contracts.
Such action shall be taken with reference to, but not limited to, solicitations or
advertisements for employment, recruitment, job assignment, promotion, upgrading,
demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and
selection for training or retraining, including apprenticeship and on-the-job training.
b) At the request of the AAO, the Grantee shall request each employment agency, labor
union, or authorized representative of workers with whom it has a collective bargaining or
other agreement or understanding, to furnish a written statement that such employment
agency, labor union, or representative does not unlawfully discriminate, and that such
union or representative will affirmatively cooperate in the implementation of the Grantee’s
obligations herein.
2) The Grantee is encouraged to include minorities and women in any job opportunities created
by the Project; and to solicit and utilize M/WBE firms for any contractual opportunities
generated in connection with the Project.
3) Grantee represents and warrants that, for the duration of the Agreement, it shall furnish all
information and reports required by the AAO and shall permit access to its books and records
by DASNY, or its designee, for the purpose of ascertaining compliance with provisions hereof.
4) Grantee shall include or cause to be included, paragraphs (1) through (3) herein, in every
contract, subcontract or purchase order with a Contracting Party executed in connection with
the Project, in such a manner that said provisions shall be binding upon each Contracting
Party as to its obligations incurred in connection with the Project.
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NON-DISCRIMINATION AND AFFIRMATIVE ACTION DEFINITIONS
Affirmative Action
Shall mean the actions to be undertaken by the Borrower, Grantee and any Contracting Party in
connection with any project or initiative to ensure non-discrimination and Minority/Women-owned
Business Enterprise and minority/female workforce participation, as set forth in paragraph 2)
herein, and developed by DASNY.
Affirmative Action Officer (“AAO”)
Shall mean DASNY’s Affirmative Action Officer or his/her designee, managing the affirmative
action program for DASNY.
Contracting Party
Shall mean (i) any contractor, subcontractor, consultant, subconsultant or vendor supplying goods
or services, pursuant to a contract or purchase order in excess of $1,500, in connection with any
projects or initiatives funded in whole or in part by DASNY and (ii) any borrower or Grantee
receiving funds from DASNY pursuant to a loan or Grant document.
Minority Business Enterprise (“MBE”)
Shall mean a business enterprise, including a sole proprietorship, partnership or corporation that
is (i) a lease fifty-one percent (51%) owned by one or more Minority Group Members; (ii) an
enterprise in which such minority ownership is real, substantial and continuing, (iii) an enterprise
in which such minority ownership has and exercises DASNY to control and operate,
independently, the day-to-day business decisions of the enterprise; (iv) an enterprise authorized
to do business in the State of New York and is independently owned and operated; and (v) an
enterprise certified by New York State as a minority business.
Minority Group Member
Shall mean a United States citizen or permanent resident alien who is and can demonstrate
membership in one of the following groups: (i) Black persons having origins in any of the Black
African racial groups; (ii) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central
or South American descent of either Indian or Hispanic origin, regardless of race; (iii) Asian and
Pacific Islander persons having origins in any of the Far East countries, South East Asia, the
Indian subcontinent or the Pacific Islands; and (iv) Native American or Alaskan native persons
having origins in any of the original peoples of North America.
Minority and Women-Owned Business Enterprise Participation
Minority and Women-owned Business Enterprise participation efforts are not limited to the efforts
suggested herein, and the role of M/WBE firms should not be restricted to that of a
subcontractor/subconsultant. Where applicable, M/WBE firms should be considered for roles as
prime contractors. Such efforts may include but not be limited to:
(a) Dividing the contract work into smaller portions in such a manner as to permit
subcontracting to the extent that it is economically and technically feasible to do so;
(b) Actively and affirmatively soliciting bids from qualified M/WBEs, including circulation of
solicitations to Minority and Women’s trade associations;
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(c) Making plans and specifications for prospective work available to M/WBEs in sufficient
time for review;
(d) Utilizing the services and cooperating with those organizations providing technical
assistance to the Contracting Party in connection with potential M/WBE participation on
DASNY contract;
(e) Utilizing the resources of DASNY Affirmative Action Unit to identify New York State
certified M/WBE firms for the purpose of soliciting bids and subcontracts;
(f) Encouraging the formation of joint ventures, associations, partnerships, or other similar
entities with M/WBE firms, where appropriate, and
(g) The Contracting Party shall remit payment in a timely fashion.
Women-owned Business Enterprise (“WBE”)
Shall mean a business enterprise, including a sole proprietorship, partnership or corporation that
is: (i) at least fifty-one percent (51%) owned by one or more citizens or permanent resident aliens
who are women; (ii) an enterprise in which the ownership interest of such women is real,
substantial and continuing, (iii) an enterprise in which such women ownership has and exercises
DASNY to control and operate, independently, the day-to-day business decisions of the
enterprise; (iv) an enterprise authorized to do business in the State of New York and is
independently owned and operated; and (v) an enterprise certified by New York State as woman-
owned.