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2021.04.20 RTB Packet
REGULAR TOWN BOARD MEETING APRIL 20, 2021 7:00 PM AGENDA 04-19-2021 PLEDGE OF ALLEGIANCE ROLL CALL SUPERVISOR’S REMARKS & ANNOUNCEMENTS PUBLIC INPUT FINANCIAL REPORT APPROVAL OF MINUTES March 9, 2021 Workshop Meeting March 16, 2021 Regular Town Board Meeting March 23, 2021 Workshop Meeting/Work Session March 30, 2021 Special Town Board Meeting PUBLIC HEARING 4PH2021-1 On the Matter of Adopting a Local Law Relating to the Regulation of the 7:35 PM Irondequoit Cemetery 4PH2021-2 On the Matter of Amending the Irondequoit Town Code Chapter 91 to Bar 7:36 PM Overnight Mooring and Anchoring of Vessels at Irondequoit Bay State Marine Park Docks ITEMS FOR BOARD ACTION Appointments 4A2021-3 Resolution Authorizing the Reappointment to the Town of Irondequoit Board of Assessment Review 4A2021-4 Resolution Authorizing the Appointment of an Alternate Member to the Town Zoning Board of Appeals 4A2021-5 Resolution Authorizing the Appointment of a Recreation Supervisor 4A2021-6 Resolution Authorizing the Appointment of a Second Recreation Supervisor 4A2021-7 Resolution Authorizing the Appointment of a Recreation Leader 4A2021-8 Resolution Authorizing the Appointment of a Motor Equipment Operator in the Department of Public Works 4A2021-9 Resolution Authorizing the Appointment of a Cemetery Operations Supervisor in the Department of Public Works 4A2021-10 Resolution Approving an Appointment to the Historic Preservation Commission 4A2021-11 Resolution Authorizing the Appointment of a Part-Time Seasonal Code Enforcement Assistant 4A2021-12 Resolution Authorizing the Appointment of a Full-Time Laborer in the Irondequoit Public Works Department 4A2021-13 Resolution Authorizing the Appointment of a Second Full-Time Laborer in the Irondequoit Public Works Department 4A2021-14 Resolution Authorizing the Appointment of a Third Full-Time Laborer in the Irondequoit Public Works Department 4A2021-15 Resolution Authorizing the Appointment of a Fourth Full-Time Laborer in the Irondequoit Public Works Department Community Development 4A2021-16 Resolution Calling for a Public Hearing on the Matter of Rezoning Tax ID Nos: 047.56-1-56.1, 047.56-1-4, 047.56-1-95 from R-1 Residential and C-Business District to WD – Waterfront Development District Comptroller 4A2021-17 Resolution Authorizing the Scheduling of a Public Hearing Pertaining to the Adoption of the Irondequoit 2021 Community Development Block Grant (CDBG) Program Police 4A2021-18 Resolution Accepting Donations in Memory of a Crossing Guard 4A2021-19 Resolution Authorizing the Chief of Police to Enter into an Agreement with NYSDOT to Access Live Video Feeds 4A2021-20 Resolution Authorizing the Execution of a Memorandum of Understanding Between the Monroe County Sheriff’s Office and the Irondequoit Police Department Accepting New York State Division of Homeland Security and Emergency Services Grant in the Amount of up to $25,000 4A2021-21 Resolution Authorizing Educational Expenses Public Works 4A2021-22 Resolution Amending the 2021 Budget and Purchase of Three (3) Vehicles to be Used by the Department of Public Works 4A2021-23 Resolution Approving the Revised Fee Schedule for the Irondequoit Cemetery 4A2021-24 Resolution Authorizing the Fee Structure for Fishing Tournaments Held in Irondequoit Bay While Using Irondequoit Bay State Marine Park Boat Launch 4A2021-25 Resolution Authorizing the Supervisor to Enter into a Contract for HVAC Services and Preventative Maintenance at Various Town of Irondequoit Facilities 4A2021-26 Resolution Authorizing the Supervisor to Enter into Agreements with Spectrum Enterprise Recreation 4A2021-27 Resolution Authorizing the Supervisor to Amend Various Contracts with Vendors for Youth, Family and Senior Recreational Programming for Winter/Spring 2021 4A2021-28 Resolution Authorizing the Membership Rates for the New Irondequoit Community Center 4A2021-29 Resolution Authorizing a Community Center Room Rental Fee Schedule for the Department of Recreation 4A2021-30 Resolution Authorizing the Supervisor to Enter into Various Contracts with Vendors for the Town’s 2021 Farmers’ Market and Gazebo Concert Series 4A2021-31 Resolution Authorizing the Supervisor to Enter into a Contract with RocSports for Umpire Services for Town-Sponsored Recreation Leagues at McAvoy Park Supervisor 4A2021-32 Resolution Pursuant to the State Environmental Quality Review Act with Respect to the Auction of 2180 East Ridge Road 4A2021-33 Resolution Authorizing the Sale at Auction of 2180 East Ridge Road NEXT WORKSHOP MEETING--TUESDAY, MAY 11, 2021 @ 4:00 PM NEXT REGULAR TOWN BOARD MEETING--TUESDAY, MAY 18, 2021 @ 7:00 PM Town of Irondequoit Financial Report Month Ending 3/31/21 Fines & Bail Forfeitures Other Sources of Revenue Appropriated Fund Balance EXPENSES Fund 001 General (includes cemetery) percent of amended budget 005 Library percent of amended budget 021 Highway # 1, Road Impvts percent of amended budget 023 Highway # 3, Equipment Maint. percent of amended budget 024 Highway # 4, ROW / Winter percent of amended budget 031 Consolidated San. Sewer Dist. percent of amended budget 038 Stormwater Drainage Dist. percent of amended budget 036 LaSalle Landing Sewer District percent of amended budget 039 Rock Beach San Sewer Dist. percent of amended budget 040 Orland Road San. Sewer Dist percent of amended budget 051 Sea Breeze Water District percent of amended budget 071 - 098 Lighting Districts percent of amended budget TOTAL Original Budget Amended Budget Cumulative, Year to Month End Expended Encumb'd Available 5,'1 Ai „ORR Balance 22,424,575 22,732,614 4,175,960 1,611,128 18.4% 71% 2,644,413 2,644,413 331,143 9,306 12.5% 0..4% 3,266,725 3,352,409 C" %347,092 426,019 K) 10.4% , 12.7% 1,195,444 1,195,981 191,135 . --- 260,136 ' 5,t,t.O,taaO LL i 16.0%i 21.8% 1,110,531 1,112,231 c�' _315,910 180,790 28.4% 16.3% 4,079,490 4,126,197 672,180 364,877 16.3% 8.8% 890,394 898,433 90,714 72,181 10.1% 8.0% 150 150 150 0 100.0% 0.0% 8,862 8,862 0 0 0.0% 0.0% 15,200 15,200 0 0 0 0% 0 0% 1,135, 294 1,135, 294 185,343 0 16.3% 0 0% 146,450 146,450 14,008 132,442 9.6% 90 4% 36,917,528 37,368,235 6,323,633 3,056,879 Percent of Amended Budget Spent Percent of Amended Budget Encumbered Total Percent Spent & Encumbered 16.9% 8.2% 16, 945, 527 74 5% 2,303,965 87.1% 2,579,298 64 76.9% '3"' 744710 { - 62.3% 1 G' 615,531 55.3% 3,089,140 74 9% 735,538 81.9% 0 0 0% 8,862 100.0% 15,200 100.0% 949,951 83.7% 0 0.0% 27.987.722 Percent Percent of of Budget Year Spent & Elapsed Enc'brd 25.0% 25 5% 25.0% 25 0% 25 0% 25.0% 25 0% 25 0% 25.0% 25.0% 25.0% 25 0% 25 0% 25.0% 12.9% 23 1% 37 7% •- 44. 7% 25.1% 18.1% 100 0% 0 0% 0 0% 16 3% 100.0% 25.1% 25 1% Tax Levy Sensitive 30,641,838 31,037,799 5,361,389 2,487,379 23,189,031 25.0% 25 3% Total Spent + Encumbered REVENUES Fund 001 General: Real Estate Tax (001-1001) Payment In Lieu of Tax (001-1061) Sales Tax (001-1120) Mortgage Tax (001-3005) AIM -Related Payments-NYS (001-2750) Interest Earnings (001-2401) Franchise Cable TV (001-1170) Recreation Program Fees (001-2001) Cemetery Revenues (001-2190/2665) (001-2610) Total, Revenue & Fund Balance Original Budget 7,848,768 Amended Budget 17.3% Cumulative Receipts Through This Month 8.0% Balance to be Received 11, 799, 864 11, 799, 864 11, 799, 864 0 267,097 267,097 163,356 103,741 4,762,262 4,762,262 0 4,762,262 900,000 900,000 0 900,000 613,283 613,283 0 613,283 20,000 20,000 1,477 18,523 695,000 695,000 -3,900 698,900 374,071 374,071 69,257 304,814 94,000 94,000 17,168 76,832 220,400 220,400 18,704 201,696 2,078,598 2,078,598 304,428 1,774,170 600,000 600,000 600,000 0 22,424,575 22,424,575 12,970,353 9,454,222 74.7% Percent of Real Estate Tax 65 1% Percent of Year Elapsed 25 3% Percent of Revenue Received 100 0% 61 2% 0 0% 0.0% 0.0% 74% -0.6% 18.5% 18 3% 8 5% 14.6% 25 0% 57.8% 2021 Printed on 4/7/2021 Page 1 Town of Irondequoit Financial Report Month Ending 3/31/21 Fund Original Budget Amended Budget Cumulative Receipts as of This Month Balance to be Received Percent of Real Estate Tax Percent of Year Elapsed Percent of Revenue Received 005 Library Real Estate Tax Other Sources of Revenue Appr2riated Fund Balance Total, Revenue & Fund Balance 021, 023, 024 Highway Funds Real Estate Tax All Other Sources Appropriated Fund Balance Total, Revenue & Fund Balance 031 Consolidated San Sewer District Sewer Service Charges Other Sources of Revenue Appropriated Fund Balance Total, Revenue & Fund Balance 038 Stormwater Drainage District District Service Charges Other Sources of Revenue Appropriated Fund Balance Total, Revenue & Fund Balance 2,495,508 2,495,508 148,905 148,905 0 0 2,644,413 2,644,413 3,839,758 3,839,758 1,532,942 1,532,942 200,000 200,000 5,572,700 5,572,700 2,495,508 17,925 0 2,513,433 3,839,758 347,056 200,000 4,386,814 0 130,980 0 130,980 0 1,185, 886 0 1,185, 886 3,931,039 3,931,039 98,451 98,451 50,000 50,000 4,079,490 4,079,490 3,931,039 16,430 50,000 3,997,469 0 82,021 0 82,021 817,394 817,394 23,000 23,000 50,000 50,000 890,394 890,394 817,394 99 50,000 867,493 0 22,901 0 22,901 036 LaSalle Landing Sewer District District Capital Charges Other Sources of Revenue Total Revenue 039 Rock Beach San Sewer District District Capital Charges Other Sources of Revenue Total Revenue 150 150 0 0 150 150 8,857 8,857 5 5 8,862 8,862 150 -2 149 8,857 0 8,857 0 2 2 0 5 5 040 Orland Road San. Sewer District District Capital Charges Other Sources of Revenue Total Revenue 051 Sea Breeze Water District District Real Estate Tax Other Sources of Revenue Appropriated Fund Balance Total, Revenue & Fund Balance 071 - 098 Lighting Districts District Real Estate Tax Other Sources of Revenue Appropriated Fund Balance Total, Revenue & Fund Balance 15,170 15,170 30 30 15,200 15,200 10,000 10,000 1,125,294 1,125,294 0 0 1,135, 294 1,135,294 146.450 146,450 0 0 0 0 146,450 146,450 15,170 1 15,171 10,000 41,627.02 0 51,627 146,450 37 0 146,487 0 29 29 0 1,083,667 0 1,083,667 0 -37 0 -37 Summary of Revenues and Appropriated Real Estate Tax Special District Real Estate Tax Sanitary Sewer Service Charges Stormwater District Service Charges Other Sources of Revenue TOTAL Appropriated Fund Balance Grand Total, Revenues and Appropriated Fund Balance Fund Balances 18,135,130 156,450 3,955,216 817,394 12,953,338 36,017,528 18,135,130 156,450 3,955,216 817,394 12,953,338 36, 017, 528 18,135,130 156,450 3,955,216 817,394 993,665 24,057,855 0 0 0 0 11, 959, 671 11,959,671 900,000 900,000 900,000 0 36,917,528 36,917,528 24,957,855 11,959,671 13 8% 21 2% 100-0% 100 0% 12 0% 250% 950% 100 0% 22.6% 25 0% 78.7% 100 0% 16 7% 250% 980% 100.0% 0.4% 25 0% 97 4% 100.0% #DIV/0! 25.0% 99.0% 25 0% 25-0% 250% 45% 100 0% 8.8% 99.9% 100 0% 4.0% 99 8% 100.0% 3.7% 100.0% 25.0% 100.0% 100 0% 100 0% 100.0% 100.0% 7 7% 25.0% 66.8% 100.0% 67.6% 2021 Printed on 4/7/2021 Page 2 Town of Irondequoit Financial Report Month Ending 3/31/21 Comparison With Prior Year Period 3/31/2015 3/31/2016 3/31/2017 3/31/2018 3/31/2019 3/31/2020 3/31/2021 Expenses Percent Percent Percent Percent Percent Percent Percent of Budget of Budget of Budget of Budget of Budget of Budget of Budget Fund Spent & Spent & Spent & Spent & Spent & Spent & Spent & Enc'brd Enc'brd Enc'brd Enc'brd Enc'brd Enc'brd Enc'brd 001 General 005 Library 021 Highway # 1, Road Impvts. 023 Highway # 3, Equipt Maint. 024 Highway # 4, ROW / Winter 031 Consolidated Sewer Dist. 038 Stormwater Drainage Dist 051 Sea Breeze Water District 055 Sea Breeze Fire District 071 - 098 Lighting Districts TOTAL Revenues Fund 25 9% 20.9% 29.0% 54.5% 66.5% 18.0% 13.1% 14.7% 100 0% 28 1% 29.6% 27 7% 27.5% 26.6% 25 5% 17 5% 18_1% 19.3% 16.8% 15.0% 12.9% 23 7% 28 5% 19.8% 20 5% 23.1% 23 1% 54 7% 96 7% 42 2% 47.3% 46.8% 37..7% 57.2% 48 9% 53 4% 50.9% 46.6% 44.7% 26 0% 36 1% 21 2% 26.6% 28.8% 25 1% 30 9% 18.6% 20 7% 19.9% 46.1% 18..1% 19.6% 16.0% 27 1% 35.1% 17.3% 16.3% 113.6% 100.0% 100 0% 100.0% 100.0% 100.0% 27 1% 28.7% 32 0% 27 0% 27.6% 27.6% 25 1% Percent Percent Percent Percent Percent Percent Percent of Budget of Budget of Budget of Budget of Budget of Budget of Budget Received Received Received Received Received Received Received 001 General: Real Estate Tax Payment In Lieu of Tax Sales Tax Mortgage Tax Per Capita State Aid Interest Earnings Franchise Cable TV Recreation Program Fees Cemetery Revenues Fines & Bail Forfeitures Other Sources of Revenue Appropriated Fund Balance Subtotal, General Fund Other Funds, "Other Sources" * 005 Library 021, 023, 024 Highway Funds 031 Consolidated San. Sewer District Sewer Service Charges Other Sources of Revenue 038 Stormwater Drainage Dist. 051 Sea Breeze Water District 051 Sea Breeze Fire District 071 - 098 Lighting Districts 100 0% 67.1% 0.0% 0.0% 0 0% 17.7% -0 4% 27.5% 14 0% 16 8% 12.5% 100.0% 100.0% 69.3% 0.0% 0 0% 0 0% 20 9% 0.0% 21.8% 12,4% 16.0% 11.7% 100.0% 100 0% 70.1% 0.0% 0-0% 0 0% 34 4% -0.5% 25.3% 14.2% 19.5% 89 3% 100 0% 100 0% 65.3% 0.0% 0.0% 0 0% 31 8% -0.5% 22 8% 15.2% 16 7% 42 4% 100.0% 100.0% 72.6% 0.0% 0.0% 0.0% 104.8% -0.5% 19.2% 15.6% 14.0% 25 6% 100.0% 100.0% 60.3% 0.0% 0-0% 0.0% 19 2% -0 5% 11 5% 19 9% 112% 9.3% 100.0% 100 0% 61.2% 0 0% 0 0% 0 0% 74% -0.6% 18 5% 18.3% 8 5% 14.6% 100 0% 59.6% 59.0% 64-5% 59 4% 57.0% 54 4% 57.8% 21.2% 20.9% 23,7% 22.2% 16 2% 16 6% 12 0% 33.2% 35.1% 15.3% 21.5% 18.4% 20-1% 22.6% 100.0% 56.6% 96.7% 2.9% 100.0% 69 7% 13 3% 2 2% 100.0% 37.6% 25.1% 3 4% 100.0% 71.6% 32 9% 3 8% 100.0% 53 7% 2 7% 3.5% 100-0% 19.2% 22 4% 1 7% 100.0% 16 7% 04% 3 7% * All Real Estate Tax and Appropriated Fund Balances are 100% received by these funds at the beginning of each year. 100 0% All Funds. Revenues & Apprt'd. FB's 70,0% 69 9% 71.5% 68 8% 66,5% 65 3% 67 6% 2021 Printed on 4/7/2021 Page 3 Town Board Meeting Notes The 2021 financial results for the Town as of March 31: total expenses —actual as well as encumbered —are $9,381k or 25.1% of budget which is on par with the 25% of the year that has elapsed. The breakdown is: actual expenses $6,324k and encumbered expenses $3,057k. Encumbrances are typically high early in the year as departments establish and commit to commodities, services, and supplies that will be needed during the year. The General Fund expenses are 25.5% or $5,787k. Here is the breakdown: actual expenditures - $4,176k; encumbrances $1,611k. Encumbrances include police and solid waste vehicles (4), legal fees, town wide street lighting and capital lease payments due later in the year. In aggregate, the expenses in the highway funds are $1,721k or 30.4% of budget — above the 25% of the year that has elapsed. Encumbrances account for $866k (15.3%) and include fuel, salt and equipment parts. Expenditures in the Library are under budget at $340k or 12.9%. The Sewer Fund expenses are 25.1% of budget equating to $1,037k. The expenses in Stormwater Drainage total $163k-18.1% of budget. Actual expenses are $90k (10.1%) while encumbrances account for 8.0%. The General Fund revenue received is $12,970k or 57.8% of budget. At the end of March, the Town had received $11.799k of real estate tax -100% of budget. 1 61.2% ($163k) PILOT (Payment In Lieu Of Tax) revenue has been received. Regarding the entire Town: $24,958k or 67.6% of revenue and appropriated fund balance has been received to -date. Approximately $18.1M of the amount received is real estate tax. At month -end, the Library had received $2,513k or 95.0%of its budgeted revenue. 78.7% or $4,387k of budgeted revenue is in for the Highway. Consolidated Sewer has received $3,997k-98.0% of that fund's budget. 97.4% of Stormwater Drainage receipts have been recorded at $867k. Page 3 of this report presents the first quarter summary and comparison to the prior 6 years. Regarding expenditures by fund —which are included on the top third of the page: The percent of total current budget spent and encumbered is 25.1% and is slightly lower than the 1st quarter of the previous years. The middle third of the page contains the pertinent Sources of Revenue for the General Fund: the bottom third of the page allows for revenue comparisons of the other funds; with the last line reflecting the collective revenue and fund balance for the Town. The General Fund revenue of 57.8% is higher than last year when revenue was reduced due to COVID-19 but is on par with 2018 and 2019 revenues. The overall Town Revenue and Fund Balance of 67.6% is comparable to prior years. This concludes my financial report for the month of March 2021. 2 WORKSHOP MEETING MARCH 9, 2021 32 Workshop Meeting of the Town Board of the Town of Irondequoit, held virtually via Zoom pursuant to restrictions in place for the conduct of public meetings, on the 9th day of March 2021 at 4:00 P.M. PRESENT: David Seeley Supervisor Patrina Freeman John Perticone Kimie Romeo Peter Wehner Councilmembers Harter Secrest & Emery, LLP Attorney for the Town Others in attendance included Chief of Police Alan Laird, Commissioner of Public Works Robert Kiley, Deputy Commissioner of Public Works Erin Magee, Comptroller Diana Marsh, Director of Administration Maria Vecchio, Director of Community Development Kerry Ivers, Director of Recreation Katrina Hall, Assessor Amy Jorstad, Director of Human Resources Jason Vinette and Town Clerk Genier. Supervisor Seeley called the meeting to order, Pledge was said and Town Clerk Genier called Roll at 4:00 PM. SUPERVISOR’S COMMENTS/REMARKS: *Supervisor Seeley noted that the Assessor would be giving a brief presentation at the Workshop regarding the Town’s equalization rate for 2021. *He stated that an Executive Session will be called at the end of the Workshop Meeting. *He mentioned that Gov. Cuomo announced that beginning March 10th, people over 60 years of age will be eligible for the COVID vaccine and the vaccines would be available beginning March 17th. He will continue to update employees regarding the COVID vaccine and eligibility. REVIEW OF AGENDA ITEMS FOR FEBRUARY 16, 2021 RTB MEETING: Financial Report: Comptroller Diana Marsh reviewed the Preliminary year-end 2020 financial report as of February 28, 2021. The 2020 books were closed at the end of February. At the June Town Board meeting, the Town’s auditors from The Bonadio Group will present highlights of the audited 2020 Financial Statements and Audit Report. Total preliminary expenses and encumbrances as of February 28, 2021: 100% of the year has elapsed and the Town’s total expenses are lower than budget at 94.3%, a sum of $34,967,000. Encumbrances are $443,724 or 1.2% of budget, and actual expenses total $34,523,816 and equate to 93.1% of budget. The General Fund expenses are below budget at 94.7% or $21,016,000. The actual expenditures are 93.2% of budget or $20,691,000 and 1.5% is due to encumbrances of $325,000. Included in the General Fund encumbrances is $174,000 for police and animal control vehicles and for the tree program. Overall, the expenses in the Highway Funds are below budget at 90.5%, or a total of $5,115,000. The costs in these funds result from considerable expenses and encumbrances for salt, fuel, vehicle and equipment parts and paving materials. Outstanding encumbrances of $61,000 (1.1% of budget) include a truck purchase of $39,000. The Library expenses are below budget at 93.1% of budget, a total of $2,523,000. Expenses in the Sewer Fund of $4,083,000 are below budget at 97.5%. The Stormwater Drainage expenses are approximately 98.8% of budget, a total of $1,229,000. The General Fund has recognized Revenue of $22,943,000, 105.5% of budget. Real Estate taxes of $11.2M have been collected. 101.1% ($261,000) of PILOT WORKSHOP MEETING MARCH 9, 2021 33 (Payment in Lieu of Taxes) revenue has been received. 12 months of Sales Tax revenue has been received in the sum of $4,872,000 (94.1%). Mortgage tax receipts totaling $1,213,000 (148.9%) has been recorded. Franchise Cable TV revenue of approximately $683,000 was received and is below budget at 91.2%. Included in Other Sources of Revenue is AIM related payments of $613,000 (which supersedes AIM related payments previously received from New York State) and $1.2M CARES Act reimbursements from Monroe County COVID-19 related expenses. Regarding the entire Town, revenue and appropriated fund balance of $37,531,000 or 103.9% has been documented to date. At year-end, the Library had confirmed 98.2% of revenue or $2,656,000, including $33,302 CARES funding reimbursement from Monroe County. 102.1% or $5,551,000 of revenue has been recorded by the Highway. A multi-modal grant of $200,000 is included. 100.6% of the Sewer Fund or $4,158,000 has been verified. Stormwater Drainage has recorded $849,000 or 101.1% of its budgeted revenue. The 2021 financial results for the Town as of February 28, 2021: Total expenses and encumbrances total 19.4% of budget or $7,242,892, higher than the 16.7% of the year that has elapsed. Actual expenses are $4,249,964 and encumbered expenses total $2,992,928. Encumbrances are typically high early in the year as departments are committing to services and supplies that will be needed throughout the year and outstanding prior year open encumbrances roll into the new year. The General Fund Expenses are at 19% of budget or $4,324,098. Actual expenditures are $2,777,443 and encumbrances are $1,546,655. Together, the expenses in the Highway Funds are $1,463,000 or 25.8% of budget. Expenditures in the Library are under budget at 8.3% or $219,000. The Sewer Fund expenses are 20.2% of budget, equating to $834,000. The expenses in Stormwater Drainage total $129,000 or 14.3% of budget. The General Fund Revenue received is $12,769,000 or 56.9% of budget. Included in revenue is $11.8M of real estate tax or 100% of budget. $163,000 of PILOT (Payment in Lieu of Tax) revenue has been received, 61% of budget. Regarding the entire Town, $11.8M of real estate tax or 100% of budget has been received. $163,000 of PILOT (Payment in Lieu of Tax) revenue has been received or 61% of budget. Regarding the entire Town, $24,423,000 or 66.2% of revenue has been received to date. Real estate tax and special district fees totaling $23M have been fully received. The Library has received $2,507,000 or 94.8% of its budgeted revenue and the Highway funds collective receipts of $4,087,000 represents 73.3% of its budgeted revenue. The Sewer Fund has received $3,995,000 or 97.9% of that fund’s budget and $867,000 or 97.4% of Stormwater Drainage budget has been received. Approval of Minutes: Minutes from the following meetings to be approved: February 9, 2021 Workshop Meeting; February 16, 2021 Regular Town Board Meeting; and February 23, 2021 Special Town Board Meeting/Executive Session. Presentation by Assessor Amy Jorstad: Assessor Amy Jorstad stated that the equalization rate for 2021 will be 88%. The Town’s rate for 2020 was 91%. This means that the tax bills will increase. The equalization rate has not been finalized by the State. It will be necessary to explain this to homeowners, so they understand what is happening. It is possible that a revaluation of properties could take place in 2022. Public Hearing: There is one (1) public hearing scheduled for March 16th regarding comments to the draft Police Reform and Reinvention Plan. Supervisor Seeley mentioned that the Town has received good feedback already and an updated draft will be completed by next week. He explained that people interested in sharing input need to submit their comments to the Town via supervisor@irondequoit.org or mailing comments to the Town Hall. WORKSHOP MEETING MARCH 9, 2021 34 Appointments: There are seven (7) appointments to be voted on. The first appointment would hire Richard Wolf to the position of Motor Equipment Operator. This position was posted and 8 interested candidates submitted applications. Commissioner of Public Works Robert Kiley interviewed 5 candidates and Mr. Wolf was recommended to fill this vacancy. The second resolution would appoint Mark Mastrella provisionally as Tree Supervisor. Once the civil service exam is scheduled, Mr. Mastrella will have to take it and score within the top three. Commissioner Kiley noted that Irondequoit is known for its tree-lined streets and many of these trees are very old. Mr. Mastrella has worked as a tree trimmer in Town for many years and he leads the efforts to take down old trees and replant new ones. The third resolution would affirm and reappoint members to the Historic Preservation Commission. Those members are: the Town Historian, Christopher Brandt, Judy Bullene, Bruce Dumbauld, Mark Johns, Tom Knauf and Greg Walther. These are annual appointments. Director of Community Development Kerry Ivers noted that there is currently a vacancy on the Commission. The fourth resolution authorizes the appointment of a Recreation Supervisor – this matter will be discussed later. The fifth resolution would authorize the hiring of a part-time Clerk to provide administrative support for projects and initiatives. Jayde Lucas is being recommended for this appointment. Jayde Lucas is a legislative aide for Monroe County and has a diverse background. This position is 20 hours a week at the hourly rate of $18. Councilmember Romeo asked if all part-time staff working 20 hours a week receive the same hourly rate. This issue will be looked into and the resolution will be amended if necessary. The sixth resolution authorizes the provisional appointment of two Police Lieutenants in the Irondequoit Police Department. Two Police Sergeants were appointed to the temporary position of Acting Police Lieutenant. Under civil service guidelines, temporary appointments cannot be made. As the two Acting Police Lieutenants, Andrew Whitaker and Kenneth Gorton, were at the top of the Lieutenants list, they will be appointed provisionally. They will have to take the civil service exam and score within the top three to be permanently appointed. The seventh resolution seeks to appoint Greg Merrick to the position of Town Historian. Director of Community Development Kerry Ivers noted that Mr. Merrick has a wealth of knowledge and is a lifetime resident of Irondequoit. He served as the Town’s Fire Marshal for more than 20 years and has a passion for the Town’s history. Mr. Merrick’s term for this volunteer position will continue through December 31, 2024. Community Development: Director of Community Development Kerry Ivers reviewed one (1) resolution that would authorize the Town to enter into an agreement with CSG Forte Payments, Inc. for the processing of credit cards. The Town must enter into a separate agreement with the sole-source, third-party credit processing firm in order for credit card payments to be available. Comptroller: Comptroller Diana Marsh reviewed two (2) resolutions. The first resolution would authorize 2020 inter-fund closing transfers to appropriate funding to the self insurance fund. This is an annual resolution. The second resolution would authorize a series of balanced appropriation transfers within several funds of the 2020 operating budget. Both transactions are necessary prior to closing the 2020 operating budget accounts. Human Resources: Director of Human Resources Jason Vinette reviewed two (2) resolutions. The first resolution would approve a Health Emergency Plan for the Town in the event that a state disaster emergency is called. The Plan would identify essential positions, facilitate remote work for non-essential positions, support contact tracing and provide personal protective equipment in the event an emergency is called. The second resolution would authorize the Supervisor to enter into an agreement with the Center for Dispute Settlement to provide inclusion WORKSHOP MEETING MARCH 9, 2021 35 awareness training for all Town employees. This will be required training for all employees. Director Vinette stated he would be amending the resolution to include funding information. Public Works: Commissioner of Public Works Robert Kiley reviewed three (3) resolutions. The first resolution calls for a public hearing concerning the adoption of a local law relating to the regulation of the Irondequoit cemetery. The Town wishes to establish a set of comprehensive regulations to govern the Irondequoit Cemetery, which would replace the current regulations, in the form described in the proposed local law. In order to pass a local law, the Town is required to hold a public hearing. The public hearing will be held on April 20th at 7:35 PM. The second resolution authorizes the Supervisor to enter into an agreement with Irondequoit Athletic Association for field use and maintenance of the baseball and softball fields for a three-year period, from January 1, 2021 through December 31, 2023, with up to one additional two-year term at 117 Kings Highway North. This is a new agreement, but the Town has entered into similar agreements in the past. Presentation: Street Lighting Initiative by Joe Crimi. Mr. Crimi gave a brief overview on the use of light emitting diode (LED) bulbs to replace the existing metal halide bulbs currently used in Irondequoit. The LED bulbs are more efficient than metal halide bulbs, which will improve the environment by reducing reliance on electricity generating facilities. The cost of street lighting will be reduced due to the reduction in the amount of electricity required. The LED bulbs last longer and require less maintenance. When the municipalities purchase the streetlights, other fees ordinarily charged by the utility companies will be eliminated. Commissioner of Public Works Robert Kiley stated that his crew can do some of the work replacing the lights, thus saving the Town additional expense. He noted that the bigger job involved in the transition of lighting would be contracted out. Before any of the work can begin, the Town is required to enter into agreements that would authorize the Town to proceed with the purchase of the LED lights and pay preliminary fees to the New York Power Authority. These fees are anticipated to be no greater than $30,000. Financing of this project can be bonded or pay cash and the Board will look into this further. Public Works (Continued): Commissioner of Public Works Robert Kiley reviewed his third resolution which would authorize the Supervisor to execute a Memorandum of Agreement with the CSEA Supervisory Unit #7414-03 Labor Union which could clarify residency requirements for future Supervisory Unit employees. Current Supervisory Unit #7414-03 members may live within or outside the Town of Irondequoit. The future Supervisory Unit states that employees who do not reside within the limits of the Town of Irondequoit must live within a two-mile radius of the Town until completion of the mandatory six-month probationary period. They must then move to Irondequoit within a six-month time frame following the probationary period. The Town will require proof of residency from the members. Commissioner Kiley stated that it is crucial for staff to reside in the Town. This resolution will take effect immediately upon adoption. Recreation: Director of Recreation Katrina Hall reviewed one (1) resolution authorizing the Supervisor to enter into a contract for senior golf leagues for men and women for spring/summer 2021. She stated that she obtained three quotes and Shore Acres Golf Course was the lowest quote. The Town has used Shore Acres for many years. The fees cover the cost to play golf. Supervisor: Supervisor Seeley reviewed one (1) resolution authorizing budget amendments with respect to Irondequoit Community Center. Commissioner of Public Works Robert Kiley explained that certain additional unforeseen costs have arisen since the project began. WORKSHOP MEETING MARCH 9, 2021 36 ITEM FOR BOARD ACTION: 3WS2021-1 RESOLUTION Authorizing the Supervisor to Execute the Second Amendment to Project Schedule of Irondequoit Community Center On a motion made by Councilmember Wehner, seconded by Councilmember Freeman, a resolution was adopted authorizing the Supervisor to execute the Second Amendment to Project Schedule of Irondequoit Community Center. Supervisor Seeley explained that a First Amendment was added to the Project Schedule for the construction of the Irondequoit Community Center adding a new section allocating unforeseen costs among the parties. The construction of the new Center is almost complete, and the Town and Skyview wish to again amend the Project Schedule to allocate certain unforeseen costs that have since arisen. A new paragraph was added that would have the parties sharing the costs of installing 12’ tall butt glazed glass windows along the lower level common wall between the premises and the Mall. The Town’s share for the installation is anticipated to be $286,710.05 but the cost cannot exceed $300,000. Members of the Town Board had many questions and thoughts and they would like more information clarifying what financial obligations each party will have. They also wanted more information on what was involved installing a 12’ wall. Supervisor Seeley stated that this resolution authorized him to execute the Second Amendment to Project Schedule but he didn’t have to execute it. The Town attorney will amend the resolution and present it at the Regular Town Board meeting next week. This resolution was then Tabled. On a motion made by Councilmember Wehner, seconded by Councilmember Perticone, pursuant to Public Officers Law § 105, an Executive Session was called at 6:10 PM to discuss the employment of a particular person and the acquisition, lease or sale of real property or securities when publicity would substantially affect the value. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED EXECUTIVE SESSION On a motion made by Councilmember Freeman, seconded by Councilmember Perticone, the Executive Session was adjourned at 7:07 PM and the Workshop Meeting was reconvened. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED WORKSHOP MEETING MARCH 9, 2021 37 On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, the Workshop Meeting was adjourned at 7:08 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Respectfully submitted, Barbara Genier, Town Clerk REGULAR TOWN BOARD MEETING MARCH 16, 2021 38 Regular Town Board Meeting of the Town Board of the Town of Irondequoit held via Zoom, pursuant to Executive Order 202 of 2020 relating to public meetings held remotely during the COVID-19 health crisis, on the 16th day of March 2021 at 7:00 P.M. PRESENT: David Seeley Town Supervisor Patrina Freeman John Perticone Kimie Romeo Peter Wehner Councilmembers Harter Secrest & Emery LLP Attorney for the Town Others in attendance included Commissioner of Public Works Robert Kiley, Deputy Commissioner of Public Works Erin Magee, Chief of Police Alan Laird, Comptroller Diana Marsh, Director of Recreation Katrina Hall, Director of Human Resources Jason Vinette, Director of Community Development Kerry Ivers and Town Clerk Genier. Supervisor Seeley called the Meeting to order at 7:00 PM, pledge was said and Town Clerk Genier called roll. SUPERVISOR’S REMARKS AND ANNOUNCEMENTS: Supervisor Seeley commented that there is a public hearing being held tonight at 7:35 PM regarding the draft Police Reform and Reinvention Plan. Supervisor Seeley explained how Individuals may call in to participate. He added that hopefully this will be the last month for virtual meetings. PUBLIC INPUT: Supervisor Seeley explained that any person wishing to share comments during Public Input could send those comments to the Supervisor by mail or email to supervisor@irondequoit.org while meetings are being held virtually or dropped off at the Town Hall. Comments received will be read out loud by the Supervisor. The following people submitted input via email regarding 301 Lake Front: Diane White, 873 Washington Avenue, individually and as President of the Summerville, White City, Windsor and Beitry Beach Resident’s Association, also expressed dissatisfaction with the Town issuing a building permit for 301 Lake Front. (See Attached) Timothy Sengle, 5 Galwood Drive, is challenging the validity of the property deed for 301 Lake Front. (See Attached) APPROVAL OF MINUTES: On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, the minutes from the February 9, 2021 Workshop Meeting were approved. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, the minutes from the February 16, 2021 Regular Town Board Meeting were approved. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, the minutes from the February 23, 2021 Special Town Board Meeting/Executive Session were approved. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED FINANCIAL REPORT: Comptroller Diana Marsh reviewed the Preliminary 2020 financial report as of February 28, 2021, along with the 2021 financial report as of February 28, 2021. The 2020 books have been closed. At the June Town Board meeting, the Town’s auditors from The Bonadio Group will present highlights of the audited 2020 Financial Statements and Audit Report. Total preliminary 2020 year-end financial results expenses and encumbrances as of February 28, 2021: 100% of the year has elapsed and the Town’s total expenses and encumbrances are lower than budget at 94.3%, a sum of $34,967,000. Encumbrances are $443,724 and actual expenses total $34,523,818. The actual expenses alone equate to 93.1% of budget. Encumbrances are still an important part of the Town’s outstanding commitments. The General Fund expenses are below budget at 94.6% or $21,016,412. The actual expenditures are 93.2% of budget or $20,691,007 and 1.5% is due to encumbrances of $325,405. Included in the General Fund encumbrances is $174,000 for vehicle purchases for police and animal control and REGULAR TOWN BOARD MEETING MARCH 16, 2021 39 for the tree program. Overall, the expenses in the Highway Funds are below budget at 90.5%, or a total of $4,876,667. The costs in these funds result from considerable expenses and encumbrances for salt, fuel, vehicle and equipment parts and paving materials. Outstanding encumbrances of $61,000 or 1.1% of budget, include a truck purchase of $39,000. The Library expenses are favorable at 93.1% of budget, a total of $2,523,000. Expenses in the Sewer Fund of $4,083,000 are below budget at 97.5%. The Stormwater Drainage expenses are approximately 98.8% of budget, a total of $1,229,000. The General Fund revenue was received in the sum of $22,943,000 or 105.5% of budget. Real estate tax of $11,185,000 has been collected. 101.1% of the Payment in Lieu of Tax revenue of $261,000 has been received. Twelve months of Sales Tax revenue in the amount of $4,872,000 or 94.1% of budget has been received; 91.2% or $683,000 of Franchise Cable TV revenue has been collected. Included in Other Sources of Revenue is AIM related payments of $613,000, which supersedes AIM related payments previously received from New York State and CARES Act reimbursements from Monroe County in the amount of $1,200,000. At month end, the Library has confirmed revenue of $2,656,000 or 98.2% and includes $33,302 CARES Act funding reimbursement from Monroe County. The Highway has recorded $5,551,000 or 102.1% of its budget. A multi-modal grant of $200,000 is included. 100.6% of the Sewer Fund or $4,158,000 has been verified. Stormwater Drainage has received 101.1% of its budgeted revenue or $849,000. The 2021 financial results for the Town as of February 28, 2021: Total expenses and encumbrances total 19.4% of budget or $7,242,892, higher than the 16.7% of the year that has elapsed. Actual expenses are $4,250,000 and encumbered expenses total $2,993,000. Encumbrances are typically high early in the year as departments are committing to services and supplies that will be needed throughout the year and outstanding prior year open encumbrances roll into the new year. The General Fund expenses are at 19% of budget or $4,324,000. Actual expenditures are $1,777,000 and encumbrances are $1,547,000. Together, the expenses in the Highway Funds are $1,463,000 or 25.8% of budget. Expenditures in the Library are under budget at 8.3% or $219,000. The Sewer Fund expenses are 20.2% of budget, equating to $834,000. The expenses in Stormwater Drainage total $129,000 or 14.3% of budget. The General Fund Revenue received is $12,769,000 or 56.9% of budget. Included in revenue is $11.8M of real estate tax or 100% of budget. Payment in Lieu of Tax (PILOT) revenue received is $163,000 or 61% of budget. Regarding the entire Town, $24,423,000 or 66.2% of revenue has been received to date. Real Estate tax and Special District fees totaling $23M have been fully received. The Library has received $2,507,000 or 94.8% of its budgeted revenue. Highway has received 73.3% or $4,087,000; Sewer has received $3,995,000 or 97.9% of the fund’s budget. The Stormwater Drainage budget has received $867,000 or 97.4% of its budgeted revenue. Supervisor Seeley commented that the Town will end the year favorable to budget. On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, the financial report was accepted. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED ITEMS FOR BOARD ACTION: 3A2021-2 RESOLUTION TO APPROVE THE PROMOTION TO A MOTOR EQUIPMENT OPERATOR On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the appointment of Richard Wolf as a Motor Equipment Operator. Commissioner of Public Works Robert Kiley explained that due to a retirement, there is a vacancy for a Motor Equipment Operator (MEO) in his Department. He said that several candidates were interviewed, and he is recommending Richard Wolf to fill the position. Mr. Wolf was hired in 1994 and he is an exemplary employee. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-048 3A2021-3 RESOLUTION AUTHORIZING THE APPOINTMENT OF A PROVISIONAL TREE SUPERVISOR On a motion made by Councilmember Freeman, seconded by Councilmember Romeo, a resolution was adopted authorizing the provisional appointment of Marc Mastrella as a Tree Supervisor. REGULAR TOWN BOARD MEETING MARCH 16, 2021 40 Commissioner of Public Works Robert Kiley explained that there is a vacancy for this position, which was posted for the required five days. This is a new title within the Public Works Department. One candidate came forward. Mr. Mastrella, a Town resident, joined the Town in 2003 and he currently holds the position of tree trimmer. As Tree Supervisor, Mr. Mastrella will take on more of a leadership role. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-049 3A2021-4 RESOLUTION AFFIRMING APPOINTMENTS TO HISTORIC PRESERVATION COMMISSION On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, a resolution was adopted affirming and reappointing the Historic Preservation Commission. Director of Community Development Kerry Ivers explained that this is an annual resolution. The Commission consists of the Town Historian and the following appointed members: Christopher Brandt, Judy Bullene, Bruce Dumbauld, Mark Johns, Tom Knauf, and Greg Walther. There is currently a vacancy on the Commission. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-050 3A2021-5 RESOLUTION AUTHORIZING THE HIRING OF A PART-TIME CLERK On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing the hiring of Jayde Lucas as a part-time Office Clerk IV. Supervisor Seeley explained that Jayde Lucas will provide administrative support to the Irondequoit Commission Advancing Racial Equity (ICARE), which was established to lead a community stakeholder-driven effort to promote diversity, equity and inclusion in the Irondequoit community. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-051 3A2021-6 RESOLUTION AUTHORIZING THE PROVISIONAL APPOINTMENT OF TWO POLICE LIEUTENANTS IN THE IRONDEQUOIT POLICE DEPARTMENT On a motion made by Councilmember Perticone, seconded by Councilmember Freeman, a resolution was adopted authorizing the provisional appointments of Kenneth Gorton and Andrew Whitaker as provisional Police Lieutenants. Chief of Police Alan Laird explained that Sgt. Kenneth Gorton and Sgt. Andrew Whitaker were appointed temporarily as Acting Police Lieutenants. Under Civil Service guidelines, the two Police Sergeants that were appointed temporarily to the position of Acting Police Lieutenant will be made provisional Police Lieutenants after 90 days. Both provisional candidates will have to take the Civil Service exam and score within the top three in order to remain in these positions. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2020-052 3A2021-7 RESOLUTION APPOINTING A TOWN HISTORIAN On a motion made by Councilmember Romeo, seconded by Councilmember Freeman, a resolution was adopted appointing Gregory Merrick as Town Historian for a term that will continue through December 31, 2024. Director of Community Development Kerry Ivers explained that Mr. Merrick expressed an interest in this volunteer position. He was the Town Fire Marshal for many years and is a lifelong resident of Irondequoit. He has a wealth of information and knowledge about the Town. REGULAR TOWN BOARD MEETING MARCH 16, 2021 41 Supervisor Seeley noted that Pat Wayne, a long-standing Town Historian, did a tremendous job as Town Historian. She also served many years in the City School District prior to coming to the Town. She retired in 2020 from this important position as Town Historian. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-053 3A2021-8 RESOLUTION AUTHORIZING THE TOWN TO ENTER INTO AGREEMENT WITH CSG FORTE PAYMENTS, INC. FOR CREDIT CARD PROCESSING ASSOCIATED WITH THE TOWN’S PERMITTING SOFTWARE On a motion made by Councilmember Freeman, seconded by Councilmember Romeo, a resolution was adopted authorizing the Supervisor and/or Comptroller to enter into an agreement with CSG Forte Payments, Inc. for the use of its online payment module and authorizing the execution of any further agreement(s) necessary to allow credit card processing associated with the use of IPS. Director of Community Development Kerry Ivers explained that the Town utilizes a customized software, Integrated Property System (IPS), to process permit applications and code complaints. The Town wishes to add the software’s web-based portal which would allow applications and complaints to be submitted directly to the Community Development Department. The module includes credit card payment processing, which is provided by CSG Forte Payments, Inc. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-054 3A2021-9 RESOLUTION AUTHORIZING 2020 INTER-FUND CLOSING TRANSFERS TO APPROPRIATE FUNDING TO THE SELF INSURANCE FUND On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, a resolution was adopted approving the 2020 inter-fund transfers to appropriate funding to the Self Insurance Fund for open Worker Compensation Claims. Comptroller Diana Marsh explained that the transactions are necessary prior to closing the 2020 operating budget accounts. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-055 3A2021-10 RESOLUTION AUTHORIZING A SERIES OF BALANCED APPROPRIATION TRANSFERS WITHIN SEVERAL FUNDS OF THE 2020 OPERATING BUDGET On a motion made by Councilmember Wehner, seconded by Councilmember Perticone, a resolution was adopted approving the series of appropriation transfers for the 2020 operating budget. Comptroller Diana Marsh explained that this resolution allows for the annual budget transfers for 2020. The budget transfers are within each fund to properly reflect the allocation and expenditures of those funds. Each fund is transferred within itself. The only fund balance being requested is a small fund balance from Drainage for about $1,200 and Lighting District fund balances which were reflected in the 2020 budget. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-056 PUBLIC HEARING: 3PH2021-1 ON THE MATTER TO ALLOW FOR COMMENTS TO DRAFT POLICE 7:35 PM REFORM AND REINVENTION PLAN On a motion made by Councilmember Wehner, seconded by Councilmember Perticone, the Public Hearing was opened at 7:35 PM. REGULAR TOWN BOARD MEETING MARCH 16, 2021 42 UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Supervisor Seeley put up the instructions to participate in the Public Hearing. He stated that on June 12, 2020, Gov. Cuomo signed an Executive Order 203 requiring every government unit in New York State with a police department to develop a plan to improve the policies, procedures and practices of law enforcement within their communities in order to ensure equity within law enforcement. The Town has received feedback from the Town Board and now is looking to hear from the general public regarding the Plan. The Plan must be adopted by April 1, 2021. Chief of Police Alan Laird stated that his department had to reimagine reform policing immediately through Gov. Cuomo’s Executive Order 203. He met with all other police chiefs in Monroe County and with some faith-based leaders. The meetings were held in a church basement. The group members talked with residents throughout the County and held a community forum. The draft Reform Plan that was put together from the feedback gathered was submitted to the Town Board for their review. Chief Laird stated that the goal of this Plan was for law enforcement members to act and serve their communities with professionalism, dignity, compassion and empathy and to be transparent to build trust in the communities. The members addressed the issue of officer wellness and know that the officers have to be in a good place themselves while serving their communities. Law enforcement officers have to have the support from their communities, as well as from their administration. Supervisor Seeley addressed the issue of recruitment. Years ago, the Town was 97% white and today it is about 80% white. As it becomes more diverse, one of the shared goals is to have the Police Department really push for it to become more diverse. Chief Laird stated that there are barriers within Civil Service that make it more difficult in hiring candidates to the force. The Departments are working with state officials to make changes in Civil Service. The Board Members all shared their comments regarding the good work that has been done on this matter and they are happy to see this Plan move forward. Public Hearing Public Input: Margaret Cherre submitted written comments relating to the draft Police Reform Plan. (See Attached) She commented that traditionally communities of color and poor communities have had challenging relationships with law enforcement in general. She feels that the goal of transparency is particularly important. She is happy that the staff in some areas of law enforcement is being doubled and feels that the more information that is forthcoming is great. Andre Evans commented that Irondequoit has one of the best Police Departments in the state. He wanted to know how the new Plan will address drug abuse, mental health crisis and restore justice within our schools. Supervisor Seeley noted that anyone wishing to comment on the Police Reform Plan may submit those comments by emailing to supervisor@irondequoit.org or mailing them to the Town Hall. Councilmember Kimie Romeo added that anyone can mail their comments to any one of the Board members. On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, the Public Hearing was closed at 7:55 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED 3A2021-11 RESOLUTION APPROVING A HEALTH EMERGENCY PLAN FOR THE TOWN OF IRONDEQUOIT On a motion made by Councilmember Freeman, seconded by Councilmember Perticone, a resolution was adopted approving the adoption of a Health Emergency Plan to include the identification of essential positions, facilitation of remote work for non-essential positions, provision of personal protective equipment and protocols for supporting contact tracing to support continued resilience for a continuation of the spread of this disease or for other infectious diseases which may emerge and cause a declaration of a public health emergency. Director of Human Resources Jason Vinette explained that due to the pandemic, the New York State labor law was amended mandating all public employers to adopt health emergency plans in the event of another such emergency or the continuation of the current situation. The Town Plan designates essential positions, as well as outlining protocols for keeping non-essential workers in their remote positions. It further provides contact tracing and sufficient protective gear. This Plan will be a part of the Town’s Policies and Procedures Manual. Councilmember Kim Romeo thanked Supervisor Seeley, Director Vinette and the entire staff at a time that was extremely challenging and everyone kept working. REGULAR TOWN BOARD MEETING MARCH 16, 2021 43 UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-057 3A2021-12 RESOLUTION TO AUTHORIZE THE SUPERVISOR TO ENTER INTO AN AGREEMENT WITH THE CENTER FOR DISPUTE SETTLEMENT TO PROVIDE INCLUSION AWARENESS TRAINING FOR ALL TOWN EMPLOYEES On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted accepting the proposal of the Center for Dispute Settlement and authorizing the Supervisor to enter into an agreement with them. Director of Human Resources Jason Vinette explained that the Town will provide meaningful training with some real results to all Town employees. This was scheduled for 2020 but due to the pandemic, it was delayed until now. The Town sent out Requests for Proposals and the Center for Dispute Settlement was selected as the best proposal. Supervisor Seeley added that this is the right time to do this and the goal is to make the Town a better organization. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-058 3A2021-13 RESOLUTION CALLING FOR A PUBLIC HEARING CONCERNING THE ADOPTION OF A LOCAL LAW RELATING TO THE REGULATION OF THE IRONDEQUOIT CEMETERY On a motion made by Councilmember Perticone, seconded by Councilmember Romeo, a local law was entered into relating to the regulation of the Irondequoit Cemetery, adding Chapter 107 to the Irondequoit Town Code. Deputy Commissioner of Public Works Erin Magee stated that when there is a proposed local law to be adopted, it is required that a public hearing be held. Councilmember Freeman introduced the proposed local law. The public hearing on this matter will be held on April 20, 2021 at 7:35 PM regarding the establishment of the proposed local law governing the Irondequoit Cemetery. This will keep the Cemetery in conformance with state laws and codify the practices and procedures of the Cemetery, specifically in the management of the grounds, as well as the sale and transfer of deeded property. Supervisor Seeley noted that this new local law will provide transparency and clarify guidelines that the Town is affirming the importance of the Irondequoit Cemetery. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-059 3A2021-14 RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO AN AGREEMENT WITH IRONDEQUOIT ATHLETIC ASSOCIATION FOR FIELD USE AT 117 KINGS HIGHWAY NORTH On a motion made by Councilmember Perticone, seconded by Councilmember Freeman, a resolution was adopted authorizing the Supervisor to enter into an agreement with the Irondequoit Athletic Association for field use and maintenance at 117 Kings Highway North. Commissioner of Public Works Robert Kiley explained that since 2016, the Town and Little League has had a similar Memorandum of Agreement for field usage at 117 Kings Highway North. This allowed the little league first right of refusal for the booking of fields for practice and games. Due to the pandemic in 2020, this Agreement was not reaffirmed. This resolution will affirm the Agreement and allow the Little League first right of refusal for reservations on the field. This does not exclude other entities from using the field. The Little League affirms its intent to invest $5,000 in capital projects throughout the Town. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-060 REGULAR TOWN BOARD MEETING MARCH 16, 2021 44 3A2021-15 RESOLUTION AUTHORIZING THE SUPERVISOR TO EXECUTE A MEMORANDUM OF AGREEMENT WITH THE CSEA SUPERVISORY UNIT #7414-03 LABOR UNION On a motion made by Councilmember Wehner, seconded by Councilmember Freeman, a resolution was adopted authorizing the Supervisor to execute a Memorandum of Agreement with the CSEA Supervisory Unit #7414-03 regarding Town of Irondequoit residency requirements. Commissioner of Public Works Robert Kiley explained that due to a request from a current labor foreman to reside outside of Irondequoit, it became apparent that future labor foremen must reside within the Town. They are responsible for snow and ice emergency and similar responses and need to immediately respond to such events. The Collective Bargaining Unit and Commissioner Kiley met to negotiate certain terms to be included in the Agreement. Current labor foremen may continue to reside outside of Town and those members residing within the Town may continue to do so. Future Supervisory Unit employees who do not reside within the Town must live within a two-mile radius of the Town until completion of the mandatory six-month probationary period and then move to Irondequoit within a six-month time frame following completion of the probationary period. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-061 3A2021-16 RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO A CONTRACT FOR SENIOR GOLF LEAGUES FOR SPRING/SUMMER 2021 On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, a resolution was adopted authorizing the Supervisor to enter into contracts with Lake Shore Country Club for the spring/summer 2021 senior golf leagues. Director of Recreation Katrina Hall explained that three quotes were received, and Shore Acres Executive Golf Course came in as the lowest quote. This is a long-standing league and many Irondequoit seniors (both men and women) really enjoy it. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-062 3A2021-17 RESOLUTION AUTHORIZING BUDGET AMENDMENTS WITH RESPECT TO IRONDEQUOIT COMMUNITY CENTER On a motion made by Councilmember Freeman, seconded by Councilmember Romeo, a resolution was adopted authorizing the transfer of $343,843 from the General Fund Balance to the following accounts: IT Projects, Community Center Maintenance, Recreation and Building Department. Supervisor Seeley explained that these transfers are necessary from the General Fund Balance to certain accounts to allow for the purchase of computers and monitors, information technology services, janitorial items and recreation items. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-063 3A2021-18 RESOLUTION AUTHORIZING THE SUPERVISOR TO EXECUTE THE SECOND AMENDMENT TO PROJECT SCHEDULE OF THE IRONDEQUOIT COMMUNITY CENTER On a motion made by Councilmember Wehner, seconded by Councilmember Romeo, a resolution was adopted authorizing the Supervisor to execute the Second Amendment to Project Schedule and to execute any and all documents required in order to accomplish the work set forth in the Second Amendment to Project Schedule. REGULAR TOWN BOARD MEETING MARCH 16, 2021 45 Commissioner of Public Works Robert Kiley explained that this resolution spells out the division between the Town and the Landlord with regard to the installation of 12’ butt glazed glass windows along the lower level common wall between the Premises and the Mall. The Town will encumber the first $120,000 and the Landlord will contribute $180,000, totaling $300,000, the total project cost. These windows of ½” thick glass meet all current building and safety codes. Attorney Andrew Dean gave a brief outline of the project. He stated that about two years ago, the Town entered into a lease with the Landlord to build out Lot 103 of the Medley Center Mall for the Community Center. A Work Letter was incorporated with the project setting a project schedule. It is extremely difficult to anticipate in advance what unanticipated costs might arise. In 2020, the Town Board approved amendments to the project schedule to allocate costs that have arisen in the last year of construction. The First Amendment to the Project Schedule had many amendments; the Second Amendment only had one which is the shared costs of constructing these windows. Supervisor Seeley noted that the Town’s share of $120,000 could be less. He commended the Board and Town Attorney for all the work done on this matter. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-064 3A2021-19 RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO AGREEMENTS WITH THE POWER AUTHORITY OF THE STATE OF NEW YORK On a motion made by Councilmember Romeo, seconded by Councilmember Freeman, a resolution was adopted authorizing the Supervisor to execute the NYPA Agreements and authorizing the Town to incur the NYPA Preliminary Fees in an amount not to exceed $30,000 and, should the Town proceed with a Customer Project Commitment to pay such fees as part of the overall project costs and should it decline to proceed with a Customer Project Commitment, to pay such fees. Supervisor Seeley explained that this is the first step in a multi-step process. The Town is now able to purchase a street lighting system from utility companies in order to encourage the use of LED street lighting technology. This project will save the taxpayers money and it is good for the environment. This resolution will start the process for the Town to enter into several agreements with the Power Authority of New York. Attorney Andrew Dean explained that the NYPA acts as an intermediary in these types of projects. When the Town purchases the lights, they are then upgraded to LED lights. There are three contracts the Town is required to execute: the Master Cost Recovery Agreement, the Authorization to Proceed, and Purchase Contract from RG&E. The first two contracts would begin the process of buying the streetlights and converting them to LED. Supervisor Seeley noted that the fees to go forward on this conversion will be offset by not paying the annual maintenance fees to RG&E and lower energy usage from the LED lights. This is a good cost benefit for the Town. Councilmember Romeo added that the Town would pay itself back in seven to ten years and then it would just be electric costs, which would be lower than they are at present. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-065 Next Board meetings are: Tuesday, March 23, 2021 Workshop Meeting @ 4 PM in the Broderick Room Tuesday, March 30, 2021 Special Town Board Meeting @ 4 PM in the Broderick Room Tuesday, April 13, 2021 Workshop Meeting @ 4 PM in Broderick Room Tuesday, April 20, 2021 Regular Town Board Meeting @ 7 PM in Broderick Room On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, the Regular Town Board Meeting was adjourned at 8:28 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Respectfully submitted, Barbara Genier, Town Clerk WORKSHOP MEETING MARCH 23, 2021 46 Workshop Meeting of the Town Board of the Town of Irondequoit, Monroe County, New York, held in the Broderick Room of the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 23rd day of March 2021 at 4:00 P.M. PRESENT: David Seeley Supervisor Patrina Freeman John Perticone Kimie Romeo Peter Wehner Councilmembers Harter Secrest & Emery, LLP Attorney for the Town Others in attendance included Chief of Police Alan Laird, Director of Recreation Katrina Hall and Town Clerk Genier. Supervisor Seeley called the meeting to order, Pledge was said and Town Clerk Genier called Roll at 4:00 PM. SUPERVISOR’S COMMENTS/REMARKS: Supervisor Seeley explained that this work session was being held to discuss Executive Order 203 Police Reform and Reinvention Plan and matters pertaining to the plan and policies of the new Irondequoit Community Center. EXECUTIVE ORDER 203 REFORM AND REINVENTION PLAN: As background information, a report on policing was presented to President Obama in 2015. This policing report then served as the foundation for Governor Cuomo’s Executive Order 203, New York State’s Police Reform and Reinvention Order, issued in June 2020. This Order requires towns that have their own police agencies to evaluate their services, along with gaining input from the community on the services provided. The Irondequoit Police Department (IPD) had already done this. In 2018, Irondequoit was the first town to hold a forum on police-community relations, identifying several strategies to better their services. A report to the Community was prepared and made available. In mid-2020, the Town of Irondequoit, along with the IPD, evaluated the services of the Police Department, and identified objectives to meet the requirements of the Executive Order 203. This IPD report was seen and reviewed by community groups, individuals and the Town Board. The input received from the community was incorporated into the current report, which is up for adoption at the end of the month. The report addresses many issues, such as transparency, building community trust, recruitment, changes in civil service policies and training. The IPD is committed to providing the most professional police service to the community and to meet the objectives issued by the Executive Order 203. Information will be available for the public on various outlets, including the Town’s website, in a timely fashion. The IPD will work with community groups to build stronger relationships, host community-police forums to address concerns of the public and participate in programs, such as Drug-Free Irondequoit and ICARE. The Police Department will continue to work on hiring quality individuals and building diversity within the ranks of police officers. Police officers from across the state will be working to make the civil service process more equitable for all candidates. With respect to training and evaluation, officers go through a rigorous training initially and then are given many training opportunities throughout their career. Such training includes programs in anti-racism, firearms, mental health, use of force and other WORKSHOP MEETING MARCH 23, 2021 47 very important current topics. Supervisor Seeley commended Chief Laird for his good work on the report. It is simple enough for the community to read and understand the goals and objectives of the Irondequoit Police Department. The final draft will be completed and brought to a vote on March 30, 2021. IRONDEQUOIT COMMUNITY CENTER: Supervisor Seeley then reviewed with Director of Recreation Katrina Hall and Board members the rental rates and membership fees for the new Irondequoit Community Center. For Community Center resident rental rates for Room 1: $80 for first 2 hours, $20 for each additional hour; non-resident rate is $130 for first 2 hours, $35 each additional hour. For Room 2 (the larger room), resident rate is $120 for first 2 hours, $30 for each additional hour; non-resident rate is $170 for first 2 hours, $60 for each additional hour. Information for the insurance plans was reviewed, as well as fees for non-profit organizations. Director Hall then went over the membership fees for each category, for both residents and non-residents. The fees are to be billed monthly. All Town resident users will be required to acquire a Resident Access Pass and all Town resident teen users and their guardians will be required to sign a Teen Code of Conduct. Director Hall stated that her Department will be marketing the new facility heavily in April. She is also looking into a discount for employees. She plans on holding open houses and a soft opening this summer. There will be two mailings sent—one in May and one in June. On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, the Workshop Meeting was adjourned at 5:26 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Respectfully submitted, Barbara Genier, Town Clerk SPECIAL TOWN BOARD MEETING MARCH 30, 2021 48 Special Town Board 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. PRESENT: David Seeley Supervisor Patrina Freeman John Perticone Kimie Romeo Peter Wehner Councilmembers Harter Secrest & Emery, LLP Attorney for the Town Others in attendance included Chief of Police Alan Laird, Commissioner of Public Works Robert Kiley, and Town Clerk Genier. Supervisor Seeley called the meeting to order, Pledge was said and Town Clerk Genier called Roll at 4:00 p.m. SUPERVISOR’S COMMENTS/REMARKS: Supervisor Seeley noted that this Special Meeting was called to discuss three (3) Board items. There will be no public input at this meeting. ITEMS 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 On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a proposed Local Law was introduced to amend Chapter 91 of the Town Code to bar the overnight mooring and anchoring of vessels at the Irondequoit Bay State Marine Park docks. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted calling for a public hearing on a proposed local law to amend the Town Code Chapter 91 to bar overnight mooring and anchoring of vessels at Irondequoit Bay State Marine Park docks. Commissioner of Public Works Robert Kiley explained that this proposed local law would allow no vessels to moor at the future Irondequoit Bay State Marine Park from 10 PM to 4 AM when the Park is closed. The Town, in collaboration with the Lake Ontario Residency and Economic Development Initiative, is making improvements to the Park, including raising the boat launch and installing new Town-owned docks at the Park. Vessels can be docked free of charge during the day but will not be able to dock their boats overnight. Any vessel parked overnight will be ticketed. Supervisor Seeley stated that the public hearing on this matter will take place on April 20th at 7:36 PM. SPECIAL TOWN BOARD MEETING MARCH 30, 2021 49 UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-066 3STB2021-2 RESOLUTION Adopting a Plan Pursuant to Governor’s Executive Order 203 Relating to the Police Reform Reinvention Initiative On a motion made by Councilmember Romeo, seconded by Councilmember Freeman, a resolution was adopted authorizing the adoption of a Plan Pursuant to Governor’s Executive Order 203 relating to the Police Reform Reinvention Initiative. Supervisor Seeley stated that this resolution would adopt the Police Department’s Reform and Reinvention Plan that was developed, reviewed and amended in late spring of 2020, pursuant to the Governor’s Executive Order 203. The Executive Order 203 required Towns with Police Departments to undertake a comprehensive review of current policies, procedures and practices and develop a plan to improve these areas of the Police Department. The Executive Order also required the Police Department to look to the community at large for input on the policies, procedures and practices of the Police Department. Several public forums and a public hearing were held and public input was received from many individuals and groups, notably from the ICARE group. The Board members also shared comments that were well received and the final product works well off the initial product. This Plan recognizes the fine work that the Irondequoit Police Department does and identifies the challenges that lie ahead for the Department. It is very important to maintain the trust that the Department has with the community it serves. The Plan does state that the Town Board will review this Plan on an annual basis. Supervisor Seeley added that the goal of the Town Board is to have transparency, integrity and wide-spread community engagement. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-067 3STB2021-3 RESOLUTION Authorizing the Application for an Acceptance of Grant Funding from the Dormitory Authority of the State of New York On a motion made by Councilmember Perticone, seconded by Councilmember Freeman, a resolution was adopted authorizing the acceptance of the $25,000 grant for the purpose of windstorm recovery work following the windstorm of March 2017, and executing any and all documents necessary to apply for this Grant. Commissioner of Public Works Robert Kiley explained that this resolution would recognize all the necessary paperwork required to apply for this grant that was awarded to the Town in 2017 in response to the windstorm of that year. Supervisor Seeley noted that the grant process sometimes takes longer than we expect. He just received the paperwork to receive the $25,000 that was awarded in 2017 and the Town is thankful. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-068 SPECIAL TOWN BOARD MEETING MARCH 30, 2021 50 The next Town Board Meetings: Workshop Meeting Tuesday, April 13, 2021 @ 4 PM (Broderick Room) Regular Town Board Meeting Tuesday, April 20, 2021 @ 7 PM (Broderick Room) (Public Input to be conducted virtually) On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, the Special Town Board Meeting was adjourned at 4:13 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Respectfully submitted, Barbara Genier, Town Clerk 9715063_1 Resolution No. 2021-______ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A LOCAL LAW RELATING TO THE REGULATION OF THE IRONDEQUOIT CEMETERY At the regular 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 20th day of April, 2021, at 7:00 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 Freeman introduced a proposed local law relating to the adoption of regulations for the Irondequoit Cemetery, and the proposed local law is attached hereto as Exhibit A; and WHEREAS, the Town of Irondequoit (“Town”) owns and operates the Irondequoit Cemetery, a cemetery consisting of a mausoleum and traditional grave sites which offers an atmosphere of dignity and comfort to the families and friends of the deceased; and WHEREAS, the Town Board adopted a resolution on March 16, 2021, calling for a public hearing to be held on April 20, 2021 at 7:35 p.m. to hear all interested parties on said proposed Local Law; and WHEREAS, notice of said public hearing was duly published in the Daily Record, the official newspaper of the Town, and posted as required by law; and WHEREAS, the Town Board received written copy of the proposed Local Law (Attachment “A”) via email at least 10 days before this meeting (excluding Sundays) pursuant to Municipal Home Rule Law § 20(4); and WHEREAS, the Town Board previously determined that the action contemplated for public hearing, namely the adoption of regulations for the Irondequoit Cemetery, constitutes a Type II Action pursuant to the State Environmental Quality Review Act and 9715063_1 accompanying regulations, 6 N.Y.C.R.R. 617.5(c)(26), (33), (37), and therefore no further environmental review is required. WHEREAS, the Town Board, after due deliberation and considering any and all testimony of the public at the public hearing, finds it in the best interest of the Town of Irondequoit to adopt said Local Law. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby adopts said Local Law ______ of 2021, establishing a set of comprehensive regulations to govern the Irondequoit Cemetery. AND, THEREFORE, BE IT FURTHER RESOLVED, that within 20 days of the adoption of this resolution, the Town Clerk shall file one certified copy of the Local Law in the office of the Town Clerk and one certified copy thereof in the office of the Secretary of State. 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 _______ 9715063_1 EXHIBIT A (LOCAL LAW) LOCAL LAW NO. OF 2021 TO ESTABLISH REGULATIONS FOR THE IRONDEQUOIT CEMETERY Be it enacted by the Town Board of the Town of Irondequoit as follows: Section 1. Amendment of Irondequoit Town Code. The Town Code of the Irondequoit Town of Irondequoit is hereby amended by adding the following Chapter 107, Cemeteries: Chapter 107: Cemeteries § 107-1 Purpose. It is the purpose of this chapter to regulate the Irondequoit Cemetery. § 107-2 Definitions. As used in this chapter, the following terms shall have the meanings indicated: CEMETERY PROPERTY A Lot, Niche, crypt, plot or part thereof in the Irondequoit Cemetery used for burial purposes. CREMAINS Ashes or other residue recovered after the completion of the cremation of remains. GRAVE A Lot in which human remains have been interred. INTERMENT The disposition of human remains by inurement, entombment or ground burial. LETTER OF TRANSFER Letter transferring burial rights and/or bury over rights in Cemetery Property to a person(s) other than the Owner. LOT A parcel of land within the Irondequoit Cemetery which entitles the Owner thereof to a burial place only, subject to the provisions of this Chapter and all applicable laws and regulations. MONUMENT An upright memorial, including large structures like obelisks, usually made from granite. NICHE 1 9723984_3 A space within a columbarium or mausoleum used or intended to be used for the interment of Cremains of a deceased person. OWNER The person or persons having purchased rights to the use Cemetery Property in the Irondequoit Cemetery. TOWN The Town of Irondequoit URN A receptacle designed to contain human Cremains. § 107-3 General. A. In addition to the regulations herein, the Irondequoit Cemetery shall be governed by the applicable laws of the State of New York and in furtherance of Article 17 of the New York State Town Law. B. The Commissioner of Public Works or his or her designee, or other such person as may be appointed by the Town Board, shall act as Cemetery Commissioner, to oversee all matters related to the control, care, management and maintenance of the Town Cemeteries. C. The Town shall have the right to lay, maintain, operate, or alter infrastructure and/or use any property within the Irondequoit Cemetery that has not been sold an Owner in furtherance of cemetery purposes. D. Town Cemeteries and all Lots sold in accordance with the provisions of the laws of New York State shall not be used for any other purpose than a burial place for dead human beings. § 107-4 Cemetery Commissioner and Maintenance Responsibilities of the Town. A. Cemetery Commissioner. a. The Cemetery Commissioner or his or her designee shall act as the caretaker of the Irondequoit Cemetery. b. The Cemetery Commissioner shall report any acts of vandalism or encroachments to the Town Board. c. The Cemetery Commissioner or his or her designee shall supervise, and in his or her reasonable discretion may approve or deny, any improvement or embellishments made to any Lot or Cemetery Property. d. The Cemetery Commissioner or his or her designee reserves the right to authorize and cause the following: i. Removal of flowers, wreaths, or other decorations from Lots as soon as they become unsightly; 2 9723984_3 ii. Remove any existing tree or shrub that covers any stone marker or any upkeep growth that is not maintained; iii. To prune, remove, or transplant any existing tree, shrub, or planting as deemed necessary or appropriate by the Cemetery Commissioner or his or her designee. e. The Cemetery Commissioner, or his or her designee, is authorized in his or her reasonable discretion to resolve all ambiguities or inconsistencies of this Chapter, and to approve or deny in his or her reasonable discretion any application not contemplated in this Chapter. B. Removal of Grass. The Cemetery Commissioner shall provide for the removal of grass and weeds from Cemetery Property as frequently as is required by Article 17 of the New York Town Law. C. Fences. The Cemetery Commissioner shall cause suitable fences to be erected and maintained around the Irondequoit Cemetery. D. The charges associated with the duties established in this Section 107-4(B) and (C) shall be Town charges, and the charges associated with maintenance of individual Lots shall be assessed as Fees against the Lot Owner. § 107-5 Purchase and Sale of Cemetery Property and Lots A. The price for use of burial Lots and all interment spaces shall be fixed as set forth herein and no person shall take possession of such Lot or interment space, nor make any improvements or encroachments thereon until the price of such Lot or interment space has been paid for in full. B. Cemetery Property or parts thereof shall be indivisible absent the prior written consent of the Owner and the Cemetery Commissioner and shall be subject to approval by the Town Board. C. A deceased person shall have the right of interment in any Cemetery Property of which he or she was the Owner or co -Owner at the time of his or her death. The remains of a spouse, parent, or child of an Owner or co -Owner of Cemetery Property may be interred therein with the consent of the Owner or a majority of the co -Owners. § 107-6 Burial Rights and Restrictions; Use of Cemetery Property. A. General Burial Rights and Restrictions. a. No interment shall be allowed without a State approved burial permit. b. The remains of only one person shall be allowed in a single Lot, except for spaces specifically intended for multiple burials and so designated by the Town Board. c. Concrete vaults or Interment liners shall be required for all casket interments in Interments located in the Irondequoit Cemetery. d. The interment of cremated remains will be permitted only in appropriate rigid receptacles such as metal, plastic, or concrete. e. No grave shall be permitted to have more than three interments. B. Owners shall conform to the overall aesthetic of the Irondequoit Cemetery grounds, which is intended to provide an atmosphere of dignity, tranquility, and somber repose. This includes, but is not limited to the following: 1 9723984_3 a. Monuments must be made of granite or similar color stone. b. An Owner of a Lot may decorate within the width of the headstone or Interment marking plus one foot in the front thereof. The remainder of the Lot must consist of grass covering. c. The Cemetery Commissioner is authorized to deny, in his or her reasonable discretion, any improvement or embellishment that disrupts the dignity, tranquility, and somber atmosphere of the Irondequoit Cemetery, including but not limited to permanent improvements with bright and unmuted use of the colors orange, yellow, green, and blue. For the sake of clarity, this provision shall not bar the use of temporary flags, flowers, and similar embellishments. C. All foundations, headstones, plantings, plaques and Interment markers, and placement thereof, and other work shall be constructed as approved and directed by the Cemetery Commissioner. D. All Interment openings and closings, burials and removals shall be at all times subject to the approval of the Cemetery Commissioner in accordance with local, New York State and federal laws. E. Interments shall be dug only by the Caretaker, the Cemetery Commissioner, his or her designee, or persons acting under the direction of such person. F. Ownership interest. a. An Owner of Cemetery Property shall have the right of interment and to the right to place appropriate interment space markings, subject to the rules and conditions established by this Chapter and applicable laws. In addition, Lot Owners shall have the right to erect private mausoleum, columbarium, or Monuments, subject to the rules and conditions established by this Chapter and applicable laws. b. Ownership of Cemetery Property shall not mean ownership of fee, meaning Owners shall not own the land or an interest in the land. G. Removals. a. Removal of remains from an Interment, crypt, Niche or other interment space may only be made after meeting the following conditions: i. The written consent of the Owner(s) and of the surviving spouse, parents, and children of the deceased over 21 years of age must be obtained. ii. Written approval from the Cemetery Commissioner or his or her designee. iii. Payment of all applicable fees. b. Notwithstanding any provision herein, an order of a court of competent jurisdiction requiring the exhumation, disentombment or disinterment shall be sufficient to permit removal. H. Cremains and Right of Bury Over. a. A Cremains vault or marble Urn is required for burial of Cremains. b. Bury Over. i. All interment of Cremains over or alongside a previous interment ("bury over") must be approved by the Cemetery Commissioner or his or her designee. ii. The Interment location requested for bury over must be identified to the Cemetery Commissioner. 4 9723984_3 iii. An applicant for a bury over must have a Letter of Transfer signed and notarized by the Owner of Cemetery Property or the surviving next of kin of the Owner of Cemetery Property if the Owner is deceased. iv. Only two Cremains are allowed per existing Interment for bury over. § 107-7 Fees. All Irondequoit Cemetery fees shall be established and may be amended from time to time by resolution of the Town Board. 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, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect. Section 3. Effective Date. This Local Law shall be effective immediately upon filing with the Secretary of State. 5 9723984_3 9715063_1 Resolution No. 2021-____ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING AN AMENDEMENT TO TOWN CODE CHAPTER 91 TO BAR OVERNIGHT MOORING AND ANCHORING OF VESSELS AT IRONDEQUOIT BAY STATE MARINE PARK DOCKS At the regular 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 20th day of April, 2021, at 7:00 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 special meeting of the Town Board, Town Board Member Freeman 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 Town-owned Irondequoit Bay State Marine Park docks, and the proposed local law is attached hereto as Exhibit A; and WHEREAS, the Town of Irondequoit (“Town”) owns and operates the Irondequoit Bay State Marine Park whose regular hours are from 4:00am until 10:00pm with the park being closed from 10:00pm to 4:00am; 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 waters within or bounding the Town to a distance of fifteen hundred feet from the shore; and WHEREAS, pursuant to Resolution Number 2020-147, the Town Board adopted a negative declaration for the Project and determined that the action contemplated herein- 9715063_1 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 regulation, 6 N.Y.C.R.R 617.5(c)(2), (33), and (37), and therefore no further environmental review is required; and WHEREAS, the Town Board adopted a resolution on March 30, 2021, calling for a public hearing to be held on April 20, 2021 at 7:36 p.m. to hear all interested parties on said proposed Local Law; and WHEREAS, notice of said public hearing was duly published in the Daily Record, the official newspaper of the Town, and posted as required by law; and WHEREAS, the Town Board received written copy of the proposed Local Law (Attachment “A”) via email at least 10 days before this meeting (excluding Sundays) pursuant to Municipal Home Rule Law § 20(4); and WHEREAS, the Town Board, after receiving all public input at the public hearing and upon due deliberation, finds it in the best interest of the Town of Irondequoit to amend Chapter 91 as proposed in the Local Law. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby adopts and approves the Local Law ______ of 2021, amending Town Code Chapter 91, as annexed hereto and baring the overnight mooring and anchoring of vessels at the Town-owned docks of the Irondequoit Bay State Marine Park. AND, THEREFORE, BE IT FURTHER RESOLVED, that immediately following the adoption of this resolution, the Town Clerk or her designee shall publish in the Daily Record a summary or abstract of the Local Law and file an affidavit of publication with the Town Clerk. AND, THEREFORE, BE IT FURTHER RESOLVED, that within 20 days of the adoption of this resolution, the Town Clerk shall file one certified copy of the Local Law in the office of the Town Clerk and one certified copy thereof in the office of the Secretary of State. 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 _______ 9715063_1 EXHIBIT A (AMENDMENT TO CHAPTER 91) 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 Seabreezc 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 9778597 1 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 Irondequoit Bay State Marine Park during hours when the lrondequoit Bay 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 o►; ned by the Town of Irondequoit at the Irondequoit Bay State Marine Park during hours when the lrondequoit 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, 9778597_1 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. 9778597_1 Resolution No. 2021-________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE REAPPOINTMENT TO THE TOWN OF IRONDEQUOIT BOARD OF ASSESSMENT REVIEW At the regular 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 20th day of April, 2021 at 7:00 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, pursuant to New York Real Property Tax Law §523, it is necessary to have members on the Board of Assessment Review who are qualified and knowledgeable in real estate values law and is a resident of the Town; and WHEREAS, the Town Board finds that Richard Orczyk is qualified to serve on the Board of Assessment Review; and WHEREAS, pursuant to New York Real Property Tax Law §523(1)(g), Board of Assessment Review members may be compensated for their services; and WHEREAS, there is a vacancy on the Board of Assessment review for a 5-year term running October 1, 2020 through September 30, 2025, and WHEREAS, Richard Orczyk was previously appointed to serve on the Board of Assessment Review to fill a vacancy, and will be reappointed as described herein; and WHEREAS, funding for this is available in the account #001-1355-4402. NOW, THERFORE, BE IT RESOLVED, that the Town Board hereby reappoints Richard Orczyk to the Board of Assessment Review to complete the 5-year term of a current vacancy which runs October 1, 2020 through September 30, 2025 and shall be compensated for such services in the amount of $20.00 per hour. 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 Freeman voting __________ Town Board Member Romeo voting __________ Town Supervisor Seeley voting __________ Resolution No. 2021-___ EXTRACT OF MINUTES OF THE TOWN BOARD MEETING ADOPTING A RESOLUTION AUTHORIZING THE APPOINTMENT OF AN ALTERNATE MEMBER TO THE TOWN ZONING BOARD OF APPEALS At the regular 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 20th day of April 2021, at 7:00P.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, pursuant to Chapter 46 of the Irondequoit Town Code, the Town Board may appoint alternate members to serve on the Planning Board and the Zoning Board of Appeals; and WHEREAS, the position of Zoning Board of Appeals - Alternate Member is currently vacant; and WHEREAS, the Town Board desires to fill this vacancy by appointing Francis L. Gorman to serve as alternate Zoning Board of Appeals member, to the term which will expire on December 31, 2022. NOW, THEREFORE, BE IT RESOLVED, that the Irondequoit Town Board approves the appointment of: Francis L. Gorman to the Zoning Board of Appeals – Alternate Member for the term to expire December 31, 2022. 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 __________ Resolution No. 2021- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE APPOINTMENT OF A RECREATION SUPERVISOR At a regular 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 20th day of April 2021, at 7:00 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, there is a need for a Recreation Supervisor in the Department of Recreation; and WHEREAS, per Civil Service guidelines this competitive position was canvassed and all the candidates on the certified list were notified of this job opportunity; and WHEREAS, the Recreation Director has interviewed the candidates on the Certified list and recommends appointing Jenna Sergeant to the position of Recreation Supervisor; and WHEREAS, Jenna has been with the Recreation Department since February 2017 and is currently reachable on the certified list of eligibles. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Jenna Sergeant as a Recreation Supervisor at her current annual salary of $49,440 which is split evenly between budget code 001.6772.100.1100.6772 and 001.6773.100.1100.6773. This resolution shall take effect immediately. 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 _______ Resolution No. 2021- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE APPOINTMENT OF A SECOND RECREATION SUPERVISOR At a regular 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 20th day of April 2021, at 7:00 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, there is a need for a second Recreation Supervisor in the Department of Recreation; and WHEREAS, per Civil Service guidelines this competitive position was canvassed and all the candidates on the certified list were notified of this job opportunity; and WHEREAS, the Recreation Director has interviewed the candidates on the Certified list and recommends appointing Nathaniel Jenks to the position of Recreation Supervisor; and WHEREAS, Nathaniel Jenks is currently reachable on the certified list of eligibles. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Nathaniel Jenks as a Recreation Supervisor at an annual rate of $46,944 from budget code 001.7140.100.1100.7146 This resolution shall take effect upon date of hire. 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 _______ Resolution No. 2021- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE APPOINTMENT OF A RECREATION LEADER At a regular 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 20th day of April 2021, at 7:00 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, there is a need for a Recreation Leader in the Department of Recreation; and WHEREAS, per Civil Service guidelines this competitive position was canvassed and all the candidates on the certified list were notified of this job opportunity; and WHEREAS, the Recreation Director has interviewed the candidates on the Certified list and recommends appointing Amanda Miller to the position of Recreation Leader; and WHEREAS, Amanda Miller is currently reachable on the certified list of eligibles. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Amanda Miller as a Recreation Leader to be paid at an hourly rate of $20.88 per hour which will be split evenly between Budget Code 001.6772.100.1100.6772 and 001.6773.100.1100.6773. This resolution shall take effect immediately upon hire 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 _______ Resolution No. 2021- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE PROMOTION OF A LABORER TO A MOTOR EQUIPMENT OPERATOR At a regular 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 20th day of April 2021, at 7:00 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, there is a need for a Motor Equipment Operator in the Department of Public Works; and WHEREAS, this is a non- competitive Civil Service position which was posted for five days; and WHEREAS, the Commissioner of Public Works has interviewed numerous candidates and recommends promoting Nicholas Coffaro to the position of Motor Equipment Operator; and NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Nicholas Coffaro as a Motor Equipment Operator to be paid $27.30 per hour 45 % of which will come from Budget Code 031.8125.100.1100 25% will come from 031.8121.100.1100 20 % will come from 021.5110.100.1100 and 10 % will come from 024.5142.100.1100. This resolution shall take effect immediately. 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 _______ Resolution No. 2021- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE PROVISIONAL PROMOTION OF A LABORER TO A CEMETERY OPERATIONS SPECIALIST At a regular 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 20th day of April 2021, at 7:00 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, there is a need for a Cemetery Operations Specialist to work at the Irondequoit Cemetery; and WHEREAS, this is a newly classified competitive Civil Service title which was posted for five days; and WHEREAS, the Commissioner of Public Works has interviewed the interested candidates and recommends promoting Donald Macher to the provisional position of Cemetery Operations Specialist; and WHEREAS, once the examination is held Donald Macher will have to participate in the exam and score within the top three candidates in order to remain in this position. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the provisional appointment of Donald Macher to the position of Cemetery Operations Specialist, to be paid $27.30 per hour from the following Budget Codes 80 % from 001.8810.100.1100, 10% from 031.8121.100.1100, 10% from 024.5142.100.1100. This resolution shall take effect immediately. 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 _______ Resolution No. 2021 - __________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD APPROVING AN APPOINTMENT TO THE HISTORIC PRESERVATION COMMISSION At the regular 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 20th day of April 2021, at 7:00 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 Irondequoit Historic Preservation Commission (the “Commission”) serves the Town and oversees the roles and responsibilities set forth in Chapter 236 of the Town of Irondequoit Town Code; and WHEREAS, there is a vacancy on the Commission and the Town encouraged interested residents to submit their expression of interests; and WHEREAS, the Town Board reviewed the letters of interest and resumes submitted by the individuals interested in serving on the Commission, considered each applicant’s qualifications and now reaches consensus on the appointment. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Irondequoit appoints Sara Corona as a member of the Historic Preservation Commission through December 31, 2021. This resolution shall take effect immediately. 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 Freeman voting _____ Town Board Member Romeo voting _____ Town Supervisor Seeley voting _____ Resolution No. 2021- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE APPOINTMENT OF A PART TIME SEASONAL CODE ENFORCEMENT ASSISTANT At a regular 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 20th day of April 2021, at 7:00 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, there is a need to hire a part time seasonal code enforcement assistant in the Town’s Department of Community Development; and WHEREAS, this is a seasonal grant funded position that will run from April through October 2021; and WHEREAS, the Director of Developmental Services along with the Code Enforcement Team have interviewed all applicants and have chosen to recommend ______________________ for this position. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of ___________________ as a part time seasonal code enforcement assistant at a rate of $18.50 per hour. This resolution shall take effect upon date of hire. 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 _______ Resolution No. 2021- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE APPOINTMENT OF FOUR FULL TIME LABORERS IN THE DEPARTMENT OF PUBLIC WORKS At a REGULAR 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 20th day of April 2021, at 7:00 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, there is a need to hire four full time laborers in the Town’s Department of Public Works; and WHEREAS, these positions were budgeted for in the 2021 Town Budget; and WHEREAS, the positions were posted per Civil Service guidelines; and WHEREAS, the Commissioner of Public Works has interviewed many qualified applicants and has chosen to recommend Luke Teravainen for appointment to the vacant position. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Luke Teravainen as a Full Time Laborer in the Irondequoit Public Works Department at a rate of $19.76 per hour from budget account__________________________________. This resolution shall take effect upon date of hire. 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 _______ Resolution No. 2021- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE APPOINTMENT OF FOUR FULL TIME LABORERS IN THE DEPARTMENT OF PUBLIC WORKS At a REGULAR 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 20th day of April 2021, at 7:00 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, there is a need to hire four full time laborers in the Town’s Department of Public Works; and WHEREAS, these positions were budgeted for in the 2021 Town Budget; and WHEREAS, the positions were posted per Civil Service guidelines; and WHEREAS, the Commissioner of Public Works has interviewed many qualified applicants and has chosen to recommend Ryan Derleth for appointment to the second vacant position. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Ryan Derleth as a Full Time Laborer in the Irondequoit Public Works Department at a rate of $19.76 per hour from budget account__________________________________. This resolution shall take effect upon date of hire. 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 _______ Resolution No. 2021- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE APPOINTMENT OF FOUR FULL TIME LABORERS IN THE DEPARTMENT OF PUBLIC WORKS At a REGULAR 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 20th day of April 2021, at 7:00 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, there is a need to hire four full time laborers in the Town’s Department of Public Works; and WHEREAS, these positions were budgeted for in the 2021 Town Budget; and WHEREAS, the positions were posted per Civil Service guidelines; and WHEREAS, the Commissioner of Public Works has interviewed many qualified applicants and has chosen to recommend Justin Derleth for appointment to the third vacant position. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Justin Derleth as a Full Time Laborer in the Irondequoit Public Works Department at a rate of $19.76 per hour from budget account__________________________________. This resolution shall take effect upon date of hire. 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 _______ Resolution No. 2021- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE APPOINTMENT OF FOUR FULL TIME LABORERS IN THE DEPARTMENT OF PUBLIC WORKS At a REGULAR 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 20th day of April 2021, at 7:00 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, there is a need to hire four full time laborers in the Town’s Department of Public Works; and WHEREAS, these positions were budgeted for in the 2021 Town Budget; and WHEREAS, the positions were posted per Civil Service guidelines; and WHEREAS, the Commissioner of Public Works has interviewed many qualified applicants and has chosen to recommend Gregory Alphonse Arena for appointment to the fourth vacant position. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Gregory Alphonse Arena as a Full Time Laborer in the Irondequoit Public Works Department at a rate of $19.76 per hour from budget account__________________________________. This resolution shall take effect upon date of hire. 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 _______ Resolution No. 2021- __________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD CALLING FOR A PUBLIC HEARING ON THE MATTER OF REZONING TAX ID NO’S: 047.56-1-56.1, 047.56-1-4, 047.56-1-95 FROM R-1 RESIDENTIAL AND C- BUSINESS DISTRICT TO WD - WATERFRONT DEVELOPMENT DISTRICT. At the regular 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 20th day of April 2021, at 7:00 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, Costich Engineering, acting as agent for Steven LaBuzetta, has submitted an application for the rezoning of three (3) parcels of land located (in the vicinity of 91 Lake Front) in the R-1 Residential and C-Business District to WD – Waterfront Development District (the “Application”), and WHEREAS, the location and boundaries of the subject parcels are described in the Re-Zoning Survey annexed herewith; and WHEREAS, Town Board accepts the Application for review and consideration; and WHEREAS, the Application has been referred to the Town Planning Board and the Monroe County Planning Department for review and comment pursuant to the requirements of New York Town Law and New York General Municipal Law. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby schedules a public hearing on this matter on May 18, 2021 at 7:3X p.m. 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 Freeman voting _______ Town Board Member Romeo voting _______ Town Supervisor Seeley voting _______ ST . P A U L B O U L E V A R D 3RD STREET CO N C . #99 SHED 4' SNOW FENCE 5/8" REBAR SHED SHED BLOCK CAR PORTS 4' CHAIN LINK FENCE AREA = 1.2± ACRES OF LAND BLOCK CAR PORTS 15 . 0 ' 20 . 0 ' 1A 1B 2A 2B 1' TO 6' IN DIA. RIPRAP N/F WESTAGE AT THE HARBOR ASSOC. R-5 N/F ROBERT S. & LYNDA A. BRYANT TAX ACCT. NO. 047.56-01-52.1 99 LAKE FRONT R-1 N/F STEVEN LABUZETTA LIBER 7246 OF DEEDS, PAGE 103 TAX ACCT. NO. 47.56-01-04 91 LAKE FRONT N/F ROBERT S. & LYNDA A. BRYANT LIBER 7222 OF DEEDS, PAGE 156 TAX ACCT. NO. 47.56-01-05 R-1 N/F ROBERT S. & LYNDA A. BRYANT TAX ACCT. NO. 47.56-01-96 ST. PAUL BOULEVARD R-1 N/F STEVEN LABUZETTA LIBER 7222 OF DEEDS, PAGE 148 TAX ACCT. NO. 47.56-01-56.1 91 LAKE FRONT N/F STEVEN LABUZETTA TAX ACCT. NO. 47.56-01-95 ST. PAUL BLVD. SECOND STREET (W I D T H V A R I E S ) (40' WIDE R.O.W.) PEDESTRIAN PUBLIC ACCESS ZO N I N G : C B U S I N E S S ( C ) 3A 3B 4A 4B 20.0' TYP. 20'± 100'± 552'± 479'± 70 ' ± 50'± 21 ' ± POINT OF BEGINNING 23'± 35 ' ± LAKE ONTARIO ZONE AE 100 YEAR FLOODPLAIN ELEV. = 250 BY CHKD.APVLS. TITLE OF DRAWING TITLE OF PROJECT CLIENT E.R.G. PROJECT MANAGER DRAWN BY E.L.O. BOUNDARY D.T.H. TOPO/BASE D.T.H. DATE 01/15/2021 SCALE 1"=30'REVISIONNO.DATE TAX PARCEL NO. 47.56-01-04, 47.56-01-95 & 47.56-01-56.1 TOWN OF IRONDEQUOIT COUNTY OF MONROE, STATE OF NEW YORK SUMMER VILLAS ON 3RD CONCEPTUAL SITE PLAN CN100 SHEET 1 OF 1 ST. PAUL STREET & 3rd STREET 3714DWG. #217 Lake Avenue Rochester, NY 14608 (585) 458-3020 Costich Engineering Civil Engineering Land Surveying Landscape Architecture CCOPYRIGHT 2021 COSTICH ENGINEERING, D.P.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, LAND SURVEYOR, ARCHITECT OR LANDSCAPE ARCHITECT, TO ALTER ANY ITEM ON THIS DOCUMENT IN ANY WAY . ANY LICENSEE WHO ALTERS THIS DOCUMENT IS REQUIRED BY LAW TO AFFIX HIS/HER SEAL AND THE NOTATION "ALTERED BY", FOLLOWED BY HIS/HER SIGNATURE AND SPECIFIC DESCRIPTION OF THE ALTERATION, TO THE DOCUMENT. ( IN FEET ) GRAPHIC SCALE 030 15 30 60 120 1 inch = 30 ft. N NO R T H LINE LEGEND PROJECT BOUNDARY EXISTING RIGHT-OF-WAY LINE EXISTING EDGE OF PAVEMENT EXISTING CONCRETE PAD/ CONCRETE SIDEWALK EXISTING CONCRETE CURB EXISTING BUILDING EXISTING ADJACENT PROPERTY LINE PROPOSED BUILDING PROPOSED EDGE OF PAVEMENT STEVEN LABUZETTA 1241 UNIVERSITY AVENUE ROCHESTER, NEW YORK 14607 NO.0 6 5 9 71 STATE OF NEW YORK Lic nsed P r o f e s s i o n l Engineer M ARK R.COSTICH e a PROPOSED LOT LINE LOCATION OF PROJECT GENERAL NOTES 1. TOTAL AREA OF PROPERTY = 1.2 ± ACRES 2. CURRENT ZONING: -RESIDENTIAL DISTRICT (R-1) & C BUSINESS (C) 3. ZONING/BULK DATA DESCRIPTION EXISTING (R-1)EXISTING C BUSINESS (C)PROPOSED WATERFRONT DEVELOPMENT (WD) LOT WIDTH 80'100' - LOT DEPTH 120'200'573'± LOT AREA 9,600 SF MIN.20,000SF MIN. - FRONT SETBACK 30'80'15' SIDE SETBACK 10'5', 25' FROM RESIDENTIAL 15' REAR SETBACK 30'60'25' MHW DENSITY - LAKE ONTARIO LOCATION SKETCH NOT TO SCALE GENERAL NOTES 1 TOTAL AREA OF PROPERTY= 1.2±ACRES 2. CURRENT ZONING: - RESIDENT/AL DISTRICT (R-115 C BUSINESS (C) 3. ZONING/BULK DATA DESCRIPTION EXISTING (R -l) EXISTING C BUSINESS (C! PROPOSSO WA TERFRONTOEVELQPMENT f0i4 LOT WIDTH 80' 100' LOT DEPTH 120' 200' LOT AREA 9,600 SF MIN. 20,000SF MIN. FRONT SETBACK 30' 80' SIDE SETBACK 10' 5: 25' FROM RESIDENTIAL REAR SETBACK 30' 60' DENSITY r y a r siia.. wi 4qn©8 POINT OF — BEGINNING 231 KF R-TAX TERAC6 7.56116 i ST MIAT.1,0611S60a� W ST MIA BdMfFN10 e4 SECOND (40' WIDE R.O.W.) STREET 5731 15' 15' 25' MHW WF STEVEN LABUZETTA eeSfA6EAT 11FK1IeW1 A%a TAX ACCT NO VD 3RD STREET u 47.5&01-95 ST. PAUL BLVD J R7 ST EVEN EN BE16 TM OF A DEEDSTAAPt IA%CC WI,.70 U 100-1-56 wT LADS ffdFRONT '&l lc ALMA 000-Sfa6A4i lun 000040 '0001 y 61 Oil `4'Olf •117116/661116 1Ai11617r x6/67161, SHED A rrrf rrarrI/r�761rrf1FTri/o'- MOO NOM, T 7,� r/ _ � A � aOC.r.f,R,l, _ - f�r— r +►�CLLL!r:!.�^. r:r��_Ir[rriLurn1 r/rr.rrrr1f. _ JerrrJItr 1rrr rrJ.I [1![rrI�.L� GRAPHIC SCALE M (INFEET) l inch = 30 R. PEOCS FROAN PUB1. rL- A r: CF55 - Y e010ne itoonw1Arp 'A '4001 dhu oca -016 1 COSTJCHEX40ET 7 0 rr le A mA rXr1 lr ur raa.rr olosJOA BS J. JCIMED A er+TOFri ".V 1 TolTv00006666,1000616616 601,6612616{C s02610..I IVTDRMIr 1111410611,15 010160201 NOY%VW MY +CE:Yi.e NMALII]p M1d C n/6.c'ABVD 6YLpr5QNrs FmJt /1,14 mu Da TaltAnso W,111.1161- rG144We'+l1WOA ` i rilINO/N /a n.° T°r NO 0610 I✓EVISION 1ID Y.NS Nf 6T -f BY MEW PA TJA LEER 7N6'ft MEW x+060 101 VOL ACCI e10 4Tp00601 Vl LAK4 JEW ARE. L2* ACRES OF LANA PROJECT BOUNDARY EXISTING RIGHT-OF-WAY LINE EXISTING A l IA0FNT PROPERTY LINE EXISTING CONCRETE CURB EXISTING EDGE OF PAVEMENT EXISTING BUILDING EXISTING CONCRETE PADI CONCRETE SIDEWALK PROPOSED LOT LINE PROPOSED BUILDING PROPOSED EDGE OF PAVEMENT LOCATION SKETCH NOT TO SCALE LINE LEGEND ar. • CIVIL ENGINEERING •LAND SURVEYING • LANDSCAPE ARCHITECTURE COST-ICH 217 LAKE AVEi+uE ENGINEERING 0 lie�rase`aabr 4UMMER VILLAS ON 3RD ST. PAUL STREET & 3rd STREET tiro, CONCEPTUAL SITE PLAN 100.6 PA*Ci7, \1047.!661-04.1T"6^9MA1 & 47.56-01-56.1 TOWN OF THE SSDEQ6017 M NIV OF MONIM STATE OF :JEW YORK God SIEVENLABUZETTA 1241 UNIVERSITY AVENUE ROCHESTER NEW YORK 16607 I 3711 CNI00 S61EEY1E IRECEMED MAR 10 2021 TOWN OF IRONDEQUOIT APPLICATION TO THE TOWN BOARP PROJECT ADDRESS _ qi 4"+"/'. r( /47- S v W1Wt EIZ Vl t -L - -, J y. I'1C ! 7 TOTAL AREA OF PROJECT SITE r r -' '-E5 cr 756-0/-95, TAX ID NO.Y7S6-c/-QYy 4(7,C-6-01-56.1 ZONING DISTRICT 1 PROPERTY OWNER (Print) D7`EI,EN LA0 �Z./ -T-64 PHONE W 731'.34' ADDRESS ! 'W' Ili' LCD 1/69 //Z di t p� c Ff : ii +del ZIP CODE /6/6 20 E-MAIL ADDRESS ST-Eve'v I U 2 7 l/-` ' ( C' AX NO. 5S4' Z Off - APPLICANT ((Print) c/ g J AI,� , -J U Z T / ' PHONE 31-5777)76/ c S ADDRESS / '122--75E/ tot9/4 /44,0E, QOC itaS7ER ZIP CODE / (4,' 2 r E-MAIL ADDRESS t� 7 �',F I 1 U�� , �'' 1 i/L' Cc:�W' FAX NO. SY Ci Z 0'T AGENT CC' 5nail- 11C(OV /„ Et/? -1/1V Q7 PHONE 17/5; j( ADDRESS A / ! g,, Ave f (/� H 1= s% A(/ ZIP CODE /4/6 CS - E -MAIL ADDRESS EC' e C �/'I C--OCifIC 1' f s CO A ! FAX NO. DESCRIPTION OF PROJECT !N 1EZ' , - -4 RI 72> [ 'Tg 0.Air I LO `lW- J Pg-i/'!r-- P _5XIS i )/ r kS A Y i (iC7nt 6,f+1'I f cy �C2J'1 Ci UtV 03" CONS,C-riAk77 OF .1:760/Z 13 ute...:121N6p APPLICANT (or Agent) SIGNATURE DATE /R IMPORTANT NOTICE: Applicants and/or their representatives must appear at the Meeting to present their case to the Town Board. (Do Not Write Below This Line/Official Town Staff Use Only) FEE $ at?.).00 ? C(Vil DATE APPLICATION RECEIVED: 3-10-26-)_( Application Meeting/Public Hearing Dates Application Accepted and Required Referral(s) Issued: i 20, -).0-1t Public Hearing Date (Please note: more than one hearing date may be required): P ON _ 1 (2! Pia ning Board Referral (if required): ,r \P(..41, 2 { 7-6 24 ther Required Dates (if required) (,t v1,). 5] 1 TOWN OF IRONDEQUOIT PLANNING & ZONING 1280 T1TlS :1YE;Nl E • ROCHESTER, NEW YORK 14617 • PHONE: (585) 467-8840 • WWW.IRONDEQI OI'F.ORG COSTICH ENGINEERING Project No. 3714 January 15, 2020 David Seeley, Town Supervisor Town of Irondequoit 1280 Titus Avenue Rochester, New York 14617 Re: Summer Villas on 3rd - 91 Lake Front (Tax Acct. No. 047.56-01-95, 047.560-01-056.10 and 047.560-01-04) Letter of Intent for Zoning Amendment Dear Supervisor Seeley: On behalf of our client, Mr. Steve Labuzetta, we are requesting the above referenced property be considered for a zoning amendment from Residential (R-1) and C Business (C) to Waterfront Development District (WD). The vacant property totals 1.2 acres and is bounded to the north by Lake Ontario, to the west by Westage at the Harbor Condominiums (R-5), Somerville Grill to the south (C) and vacant and single-family residential to the southeast and east (R-1). Development of the project as a medium density multi -family project will provide a suitable transition from the R-5 density to the east and commercial zoning on this site and south of the site. Development of only residential use is anticipated. As outlined in the Waterfront Development District (WD) purpose; goals, this site would: B-(1) - The project is consistent with the Town LWRP. The document specifically calls this site and surrounding area out for development of multi -family housing: "Site 3: Lakeshore Development. ... for waterfront, multi -family development." (IV -9) B-(2) - The proposal meets the Town's housing and recreational needs by providing housing and public access to Lake Ontario. B-(3) - The environmental sensitivity of the waterfront is preserved by keeping development away from the waters edge and costal hazard area. B-(4) - The medium density residential use will complement the commercial establishments in the area providing a mixed use. B-(5) - The medium density residential use, 6.6 units/acre, will be in harmony with the environment. B-(6) - The multi -family medium density project will be a transition from the heavier density residential use to the west, commercial use to the south to the R-1 single-family use to the east. CIVIL ENGINEERING • LAND SURVEYING • LANDSCAPE ARCHITECTURE Costich Engineering, DPC • 217 Lake Avenue • Rochester, New York 14608 Office (585) 458-3020 • Fax (585) 458-2731 • www.costich.com I E. COSTICH ENGINEERING B-(7) - The development will occupy land away from the shoreline. Project No. 3714 B-(8) - The design will incorporate 2 unit buildings designed specifically for the site and existing view sheds. B-(9) - Development will occur away from the shoreline. B-(10) - Development will allow residents and the public access to the waterfront. B-(11) - The proposed development will limit vehicular traffic to the small number of residents. B-(12) - Public access will be allowed for pedestrians. B-(13) - Public access will be maintained and monitored by the project sponsors. The Town Master Comprehensive Plan also calls out the future land use as residential and calls the site out as part of the "Lakeshore Development Site" targeted for re -development. The proposed architecture of the 2 unit buildings will be contemporary using environmentally sustainable materials, large windows and building geometry maximizing view sheds. We have included a Site Plan and a site photo simulation for review. We look forward to discussing the project with you at your earliest convenience. Very truly yours, COSTICH ENGINEERING, D.P.C. R Mark R. Costich, P.E. MRC/erw xc: Steve Labuzetta h:\job\3714\documents\2021-01-15 letter of intent for zoning amendment.docx CIVIL ENGINEERING • LAND SURVEYING • LANDSCAPE ARCHITECTURE Costich Engineering, DPC • 217 Lake Avenue • Rochester, New York 14608 Office (585) 458-3020 • Fax (585) 458-2731 • www.costich.com February 9, 2021 Mr. David Seeley, Town Supervisor Town of Irondequoit 1280 Titus Avenue Rochester, New York 14617 Re: SummerVillas on Third - Additional support to Letter of Intent 91 Lakefront (Tax Acct. No. 047.560-01-056.100 and 047.560-01-004) Dear Supervisor Seeley: Regarding the proposed SummerVillas on Third project outlined in the Letter of Intent, I would like to add a brief description supported with a few visuals: Having been a very active member of Rochester Yacht Club since the 1980s, I am keenly aware of the unique position I am in when I say that it is "that club member in mind as the target demographic. Someone who I see appreciating the location, high quality and lifestyle offered with our proposed project. That "someone" who is probably at a point in life where downsizing, and keeping a high -quality life style, would be further enhanced by the walkable proximity to their vessel they are now able to finally have time to enjoy more. We see the structures to be contemporary in nature with flat roofs, parking underneath, perhaps with personal elevators from the enclosed garage that would comfortably service a "vertical" lifestyle at this point in one's life. The flat roof would also serve to take advantage of views and outdoor relaxation without the need of a yard. The structures would generally be constructed with minimal maintenance in mind. E.g.: glass, stone, metal, synthetic panels, etc. Please find attached some visual examples to help convey these thoughts further: In closing, I look forward to collaborating and working with the town for a successful, exciting development in harmony with its unique neighborhood. Thank you in advance for your consideration Respectfully submitted, Steve LaBuzetta Steve.LaBuzetta@Gmail.com 585-734-5556 Cell 96 Reservoir Ave Rochester NY 14620 Project No. 3417 December 18, 2020 Page 1 of 2 DESCRIPTION OF LANDS TO BE RE -ZONED OWNED BY STEVEN LABUZETTA All that tract or parcel of land situate in Town of Irondequoit, County of Monroe, State of New York, as shown on a map entitled " Re -zoning Map Lands of Steven Labuzetta being T.A # 47.56-01-95, T.A # 47.56-01-56.1 and T.A # 47.56-01-04" prepared by Costich Engineering D.P.C., dated 12/18/2020, having Drawing No. 3417 -Re -zone, and being more particularly bounded and described as follows: Beginning at a point being the southwest corner of lands now or formerly owned by Steven Labuzetta, having T.A. # 47.56-01-95 and the northwest corner of lands now or formerly owned by Robert S. & Linda A. Bryant, having T.A. # 47.56-01-96; thence 1. Northerly and along said west property line of lands now or formerly owned by Steven Labuzetta, having T.A. # 47.56-01-95 an approximate distance of 23 feet to the northwest corner of lands now or formerly owned by Steven Labuzetta, having T.A. # 47.56-01-95 ; thence 2. Easterly and along said north property line of lands now or formerly owned by Steven Labuzetta, having T.A. # 47.56-01-95 an approximate distance of 20 feet to the northeast corner of lands now or formerly owned by Steven Labuzetta, having T.A. # 47.56-01-95, said point also being a point on the west line of lands now or formerly owned by Steven Labuzetta having T. A # 47.56-01-56.1; thence 3. Northerly and along said west property line of lands now or formerly owned by Steven Labuzetta, having T.A. # 47.56-01-56.1 and T.A # 47.56-01-04 an approximate distance of 552 feet to the shore of Lake Ontario ; thence 4. Easterly and along said shore of Lake Ontario an approximate distance of 100 feet to the northeast corner of lands now or formerly owned by Steven Labuzetta, having T.A # 47.56-01-04 and the northwest corner of lands now or formerly owned by Robert S. & Linda A. Bryant, having T.A. # 47.56-01-05; thence 5. Southerly and along said common line of lands now or formerly owned by Steven Labuzetta, having T.A # 47.56-01-04 to the west and lands now or formerly owned by Robert S. & Linda A. Bryant, having T.A. # 47.56-01-05 to the east an approximate distance of 479 feet to a point on the south line of lands now or formerly owned by Steven Labuzetta, having T.A # 47.56-01-56.1 to the north and lands now or formerly owned by Robert S. & Linda A. Bryant, having T.A. # 47.56-01-96 to the south; thence Project No. 3417 December 18, 2020 Page 2 of 2 6. Southwesterly and along said common line of lands now or formerly owned by Steven Labuzetta, having T.A # 47.56-01-56.1 to the north and lands now or formerly owned by Robert S. & Linda A. Bryant, having T.A. # 47.56-01-96 to the south an approximate distance of 21 feet to a an angle point on the south line of lands now or formerly owned by Steven Labuzetta, having T.A # 47.56-01-56.1 to the north and lands now or formerly owned by Robert S. & Linda A. Bryant, having T.A. # 47.56-01-96 to the south; thence 7. Westerly and along said common line of lands now or formerly owned by Steven Labuzetta, having T.A # 47.56-01-56.1 to the north and lands now or formerly owned by Robert S. & Linda A. Bryant, having T.A. # 47.56-01-96 to the south an approximate distance of 35 feet to a an angle point on the east line of lands now or formerly owned by Steven Labuzetta, having T.A # 47.56-01-56.1 to the west and lands now or formerly owned by Robert S. & Linda A. Bryant, having T.A. # 47.56-01-96, to the east; thence 8. Southerly and along said common line of lands now or formerly owned by Steven Labuzetta, having T.A # 47.56-01-56.1 to the west and lands now or formerly owned by Robert S. & Linda A. Bryant, having T.A. # 47.56-01-96 to the east an approximate distance of 50 feet to an angle point on the south line of lands now or formerly owned by Steven Labuzetta, having T.A # 47.56-01-56.1 to the north and the north line of lands now or formerly owned by Robert S. & Linda A. Bryant, having T.A. # 47.56-01- 96, to the south; thence 9. Westerly and along said common line of lands now or formerly owned by Steven Labuzetta, having T.A # 47.56-01-56.1 to the north and lands now or formerly owned by Robert S. & Linda A. Bryant, having T.A. # 47.56-01-96 to the south an approximate distance of 70 feet to the point and place of beginning. Containing approximately 1.2 acres of land, more or less. h:/job/341 7/documents/descriptions/rezone docx Short Environmental Assessment Form Part 1- Project Information Instructions for Completing Part 1— Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1— Project and Sponsor Information Name of Action or Project: Summer Villas on 3rd Project Location (describe, and attach a location map): 91 Lake Front, Irondequoit, NY 14617 Brief Description of Proposed Action: Zoning amendment from (R-1) to Waterfront Development District (WD). Develop existing 1.2 +/- acre lot as a multi -family project consisting of 4 buildings with a total of 8 units. The project will also include associated site improvements — Name of Applicant or Sponsor: Steve LaBuzetta Telephone: P (585)734-5556 E -Mail: Steve.LaBuzetta@gmail.com Address: 96 Reservoir Ave. City/PO: Rochester State: NY Zip Code: 14620 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. NO YES ❑ 2. Does the proposed action require a permit, approval or funding from any other government Agency? If Yes, list agency(s) name and permit or approval: - Town Board Approval - Planning Board Approval NO YES ❑ ✓ 3. a. Total acreage of the site of the proposed action? 1.2 +/- acres b. Total acreage to be physically disturbed? c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? .9 +1- acres 1.2 +/- acres 4. Check all land uses that occur on, are adjoining or near the proposed action: 5. • Urban ■ Rural (non -agriculture) ■ Industrial ❑ Commercial FA Residential (suburban) Shoreline ■ Forest ■ Agriculture ❑ Aquatic FA Other(Specify): ■ Parkland Page 1 of 3 5. Is the proposed action, Needs to be rezoned to Waterfront Development a. A permitted use under the zoning regulations? District b. Consistent with the adopted comprehensive plan? NO YES N/A ❑ ✓ ❑ rj �� II 1 ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES ❑ ✓ 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES ❑ 0 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation services available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? NO YES ❑ ❑ ✓ ❑ n El 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: NO YES Eil 1 I. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: NO YES p 12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district which is listed on the National or State Register of Historic Places, or that has been determined by the of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? NO YES 1151 ❑Commissioner ❑ ✓ 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO YES ❑ ✓ ❑ {� 1 1 Page 2 of 3 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: rrA Shoreline ■ Forest ■ Agricultural/grasslands lJ Early mid -successional ■ Wetland ■ Urban • Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? Lake Sturgeon NO YES ❑ 16. Is the project site located in the 100 -year flood plan? NO YES ❑ ✓ 17. Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, a. Will storm water discharges flow to adjacent properties? b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: NO YES ❑ ✓ ❑ ✓ ❑ ✓ V"" -'.1,e ` .s: : ' Possible storm connection to the west 18. Does the proposed action include construction or other activities that would result in the impoundment of water or other liquids (e.g., retention pond, waste lagoon, dam)? Yes, the and size of the impoundment: NO YES ❑ If explain purpose 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: NO YES ❑ 2O.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? describe: NO YES If Yes, Rochester Yacht Club -Site Number 8-601541 -Petroleum Bulk Storage Facility MI MI I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/name: Steven LaBuzetta Date: 12/11/2020 Title:Owner Signature: PRINT FORM Page 3 of 3 EAF Mapper Summary Report Friday, December 11, 2020 2:24 PM l 311!'sL[ ?ildrX (iTh) I/V/i71411€4 Al To 1, rlel�,rt r� I irfi4{j j C ,EX 11i'EKEEIY.101MaT 1.1,3 C1i5�r%,_[i} 1 1 r (i i r 11 nL Sig4, t-1 i. �?(l i1�IrUy�_ �y,r l,Y!V!, F I. tll y 11 VE�}'lI- uJAJ'•71JfA:AXTRACt'l4v4 Jll1Jh: rtirn fy 4siiird ^ ! C;(2W�s - •_3' "./`..i�lli4�yh: :l'l1 . ,k7il'�.EWI {! ) 1,�}e I ! ! a t ! I. ! ! 1 ! I y,xi''d',4yni"thJ �"✓+� CJirr, ow -4)4..6 43,1 fk, 'fii* V�`PNRi � �I• .1 =,:11417;W la ,,c, Iosimett6f .. ilk Disclaimer: The EAF Mapper is a screening tool intended to assist project sponsors and reviewing agencies in preparing an environmental assessment form (EAF) Not all questions asked in the EAF are answered by the EAF Mapper Additional information on any EAF question can be obtained by consulting the EAF Workbooks Although the EAF Mapper provides the most up-to-date digital data available to DEC, you may also need to contact local or other data sources in order to obtain data not provided by the Mapper Digital data is not a substitute for agency determinations 4111 ki any, TOront% - 1,�u f Illlil.l•. r., Flotf roI1 _ �Cievd'aI1 0 • m Vfl e1� f�` J„ryj- M ellYil. „1 •1 arry Boston Providenca S riPittehtegh I. ttv1Ehn11 0011 Esri.Japan, METf, Est4 Canna (Hong kondi Esti c(Ip0Pel)Sttedl4lap co itribAs% !jr� tie G15 User Comet unity -li'i'..: If�tyT0 Part 1 / Question 7 [Critical Environmental No Area] Part 1 / Question 12a [National or State Register of Historic Places or State Eligible Sites] Part 1 / Question 12b [Archeological Sites] Part 1 / Question 13a [Wetlands or Other Regulated Waterbodies] Part 1 / Question 15 [Threatened or Endangered Animal] Part 1 / Question 15 [Threatened or Endangered Animal - Name] Part 1 / Question 16 [100 Year Flood Plain] No Yes Refer to EAF Mapper Yes - Digital mapping information on local and federal wetlands and waterbodies is known to be incomplete. Refer to EAF Workbook. Yes Lake Sturgeon Yes Part 1 / Question 20 [Remediation Site] Yes Short Environmental Assessment Form - EAF Mapper Summary Report m0 zu Z m= z 0 .0n_ 4 cnp N2 0 0 Wi DC Ul�. m �1 C z .. Y O < 2 Z F m n D Zm C m 0 2 Z1 m A O o rT, 0 0 OZOZ `9i H39013030 0 Corn N0 O 1mZz rn VJ O rO^ r to N rnom o rn N O 2 8 J 9 m mo o�nc 0 o a`" 3 ,9 td 0 r� PO/NT OF BEGINNING 23'± (0) SS3NISI18 0 :ONINOZ N/F — STEVEN LABUZETTA TAX ACCT. NO. 47:56-01-95. ST. PAUL BLVD. 3RD STREET, 20'± REFERENCE(S) 1) LIBER 293 OF MAPS, PAGE 38. 2) THE DEEDS AS SHOWN ON FILE IN THE MONROE COUNTY CLERK'S OFFICE. NIF WESTAGE AT THE HARBOR ASSOC. R-5 f l f r] J 1Xri/r r r rr r 1/1111 r r r r///1) / BLOCK CAR PORTS ♦♦/ SHED SHED 1/ NIF 50'1 ROBERT S. & LYNDA A. BRYANT TAX ACCT. NO. 47.56-01-96 ST. PAUL BOULEVARD R-1 N/F STEVEN LABUZETTA LIBER 7222 OF DEEDS, PAGE 148 TAX ACCT. NO. 47.56-01-56.1 91 LAKE FRONT 479± 552'± N/F ROBERT S. & LYNDA A. BRYANT TAX ACCT. NO. 047.56-01-52.1 99 LAKE FRONT R-1 N/F STEVEN LABUZETTA LIBER 7246 OF DEEDS, 'PAGE 103 TAX ACCT. NO.47.66-01 -04 91 LAKE FRONT AREA = 1.2± ACRES OF LAND SECOND (40' WIDE R.O.W.) STREET NIF ROBERT S. & LYNDA A. BRYANT LIBER 7222 OF DEEDS, PAGE 156 TAX ACCT. NO. 47.56-01-05 R.1 BLOCK CAR PORTS MIMED 100'± SHED Resolution No. 2021- EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE SCHEDULING OF A PUBLIC HEARING PERTAINING TO THE ADOPTION OF THE IRONDEQUOIT 2021 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM At a regular 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 20th day of April, 2021 at 7:00 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 to the Town Town Board Member ___________________ offered the following resolution and moved its adoption: WHEREAS, the Town of Irondequoit is a Community Development entitlement community and, as such, receives an annual block grant from the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, the Town is expecting to receive a block grant from HUD for its 2021 Community Development Block Grant Program, which will begin August 1, 2021 and end on July 31, 2022, in the approximate amount of $906,128; and WHEREAS, the Town has prepared a Community Development Block Grant Program in anticipation of receiving HUD funding for its 2021 program year; and WHEREAS, the Town is required to hold a public hearing on this matter in compliance with program rules and regulations promulgated by HUD. NOW, THEREFORE, BE IT RESOLVED, that the Town Board schedules a public hearing at the regular meeting of May 18,2021 at 7:35 pm in the matter of adoption of the Irondequoit 2021 Community Development Block Grant Program in the approximate amount of $906,128 for submittal by the Town Supervisor to HUD. 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 Freeman voting_________________ Town Board Member Perticone voting_________________ Town Board Member Romeo voting_________________ Town Supervisor Seeley voting_________________ Project / Program Sponsor Agency 2020-2021 Budget Allocation 2021-2022 Amount Requested 2021-2022 Management Recommendation Allocation of 2021-2022 HUD Grant Award I Committee Review 2019 -20 code Home Improvement Program Comprehensive Housing Counselling Life in Irondequoit, Elder Care Program Co-ordination of Senior Programs Home Safe Home for Seniors Street Resurfacing Senior Services Mailing Program Sidewalk Repairs/Replacement Street Tree Planting Senior Transportation Program Irond.Community Cupboard Healthy Eating Prog Bateau Park Playground Sidewalk Replace -563 Titus Ave Administration / Contingency NOTE: Total Services Programs $ 122,793 Admin / Plnq / Contingency $ 87,508 $906,128 Allocation 2020.2021 less: Admin 818,620 15.00% Total Town Housing Council Cath Fam. Ctr. Town Lifespan Town DPW Town Town DPW Town DPW Lifespan Irond.Comm. Cupboard Town HIPP Town 145,000 150,000 135,827 135,827 019-8668 26,000 36,000 24,000 24,000 * 019-8676-4809 26,100 26,100 26,100 26,100 019-8676-4810 9,000 10,000 0 0 019-8676-4807 15,000 15,000 15,000 15,000 019-8676-4816 534,800 300,000 300,000 300,000 019-8662-2319 12,000 18,000 18,000 18,000 019-8676-4808 0 100,000 85,000 85,000 019-8669-2012 0 50,000 50,000 50,000 019-8669-2012 12,500 32,900 17,693 17,693 019-8676-4823 22,000 22,000 22,000 22,000 019-8676-4828 0 150,000 125,000 125,000 019-8666-2019 20,000 0 0 0 94,192 87,508 87,508 87,508 019-8686 916,592 997,508 906,128 906,128 Total Grant Allowance 2020-21 916,592 Total Budget Target 2021-22 Decr / incr (-) from 2021-22 Bgt Tar Decr / incr (-) from 2020-21 Budget 906,128 0 -91,380 -80,916 906,128 0 10,464 906,128 0 10,464 Allocation based on Amount Awarded for 2021-22 percentage, percentage, each project by category 15.0% 15.0% Housing Improvements 15.o% 13.6% Community Service programs 2.6% 61.8% Public Infrastructure 20.o% 9.7% Administration (incl Planning) 2.9% 100.0% TOTAL 0.0% 1.7% 33.1% 2.0% 9.4% 5.5% 2.0% 2.4% 13.8% 0.0% 9.7% 100.0% * Housing Council will also receive $20,000 CARES Act funding --Total to be allocated $44,000 Resolution No. 2021- __________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ACCEPTING DONATIONS IN MEMORY OF CROSSING GUARD At the regular 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 20th day of April 2021 at 7:00 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, retired Crossing Guard Gloria Shrodi recently passed away and the family wished to have donations in her memory made to the Irondequoit Police Department Crossing Guard Unit; and WHEREAS, the individuals listed on Attachment A have made monetary donations in her memory; and WHEREAS, pursuant to Town Law § 64(8), the Town Board may take by gift, grant, bequest or devise personal property for any public use, upon such terms or conditions as may be prescribed by the grantor or donor and accepted by the Town. NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Irondequoit formally accepts the monetary donations from the individuals listed on Attachment A, which is attached hereto and made a part hereof, to be allocated to the benefit of the Irondequoit Police Department Crossing Guard Unit. This resolution shall take effect 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 _________ Attachment A Darla Bragg Peter & Marcy Benvenuto Norman & Patricia Laudisi Donald & Rosemare Liberi Christine Vella Bruce & Margaret Winner Judith Zydel Resolution No. 2021- EXTRACT OF MINUTES OF MEETING OF TOWN BOARD AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO AN AGREEMENT WITH THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION TO ACCESS LIVE VIDEO FEEDS At a regular 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 20th day of April 2021 at 7:00 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 Irondequoit Police Department seeks to enter into an agreement with the New York State Department of Transportation (NYSDOT) wherein the Police Department will be able to view live video provided by a Closed Circuit Television (CCTV) system developed for traffic management and provided by Transportation Management Centers operated by NYSDOT. The CCTV feeds will show live traffic conditions which could include crashes, stalled vehicles, road hazards, weather conditions, traffic congestion, maintenance work and repair work locations; and a non- exclusive Access Agreement is required for governmental interests to receive access to live video; and WHEREAS, costs associated with the access connection, if any, are determined by NYSDOT and will be the responsibility of the Irondequoit Police Department; and WHEREAS, pursuant to General Municipal Law § 99-r, the Town may enter into agreements with any state agency concerning the provision of any service of government; and WHEREAS, the Town Board determines that the actions contemplated herein constitute a Type II action pursuant to the New York State Environmental Quality Review Act and accompanying regulations, 6 NYCRR § 617.5 (c) (26) (routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment), and therefore further environmental review is not required. NOW THEREFORE BE IT RESOLVED, that the Town Board authorizes the Chief of Police to enter into an agreement with the New York State Department of Transportation (NYSDOT) wherein the Police Department will be able to view live video provided by a Closed Circuit Television (CCTV) system developed for traffic management and provided by Transportation Management Centers operated by NYSDOT. The CCTV feeds will show live traffic conditions which could include crashes, stalled vehicles, road hazards, weather conditions, traffic congestion, maintenance work and repair work locations; and BE IT FURTHER RESVOLVED that the Town Board authorizes the Chief of Police to execute the New York State Department of Transportation and User Access Agreement for Live Video, in substantially the form annexed hereto as Exhibit A, and any all documents relating to the foregoing. 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 _________ New York State Department of Transportation ACCESS TO LIVE VIDEO FEEDS POLICY Effective Date: December 18, 2018 POLICY The New York State Department of Transportation (NYSDOT) will make live video of traffic conditions from Closed Circuit Television (CCTV) available to the public. CCTV feeds from the Transportation Management Centers (TMC), located in multiple locations across the state, will be supplied through a video distribution network. The video feeds provided are those made available by traffic monitoring cameras within the TMCs and that are consistent with the objectives of traffic management. Live video feeds will generally be made available upon request to other government and public agencies to better coordinate traffic management strategies on incidents and crashes, and to private news media and other organizations for their use in providing traffic information to the public or their customers. A non-exclusive access Agreement is required for governmental and private interests to receive access to live video. Costs associated with the access connection, if any, will be determined by NYSDOT and will be the responsibility of the USER. BACKGROUND In order to gather real-time traffic condition information, NYSDOT operates ten Traffic Management Centers located across the state. The TMC is the central collection point for the Region's roadway condition information. The TMC support systems gather and disseminate traffic information using the latest technologies. CCTV has proven to be a significant management and delay -reduction tool for the identification and verification of incidents and crashes, thereby enabling a proper and timely response. The sharing of video information enhances the communication of current traffic conditions, thereby aiding travelers in planning their trip times, routes, and travel mode using the latest available information. NYSDOT will operate and maintain the CCTV system for the purpose of enhancing traffic incident response on the New York State roadway system. In order to further the goals of traffic incident management and the Department, NYSDOT will make available this traffic information with other transportation operating agencies, incident response agencies, business entities, and the media. New York State Department of Transportation And USER ACCESS AGREEMENT FOR LIVE VIDEO The Parties (individually a "Party" or collectively the "Parties") to this This Access Agreement for Live Video and Information Sharing (Agreement") are the New York State Department of Transportation (NYSDOT) and a private entity hereafter referred to as the "USER," for the purpose of The effective date of this Agreement is The "Access to Live Video" is that video provided by a Closed Circuit Television (CCTV) system developed for traffic management and provided by Transportation Management Centers (TMC) operated by NYSDOT. The CCTV feeds will show live traffic conditions which could include crashes, stalled vehicles, road hazards, weather conditions, traffic congestion, maintenance work, and repair work locations. The purpose ofproviding the USER with Access to Live Video is to detect and disseminate real-time traffic information to motorists and improve incident response and recovery. The following provisions of this Agreement are intended to ensure that the CCTV system is accessed and its information is used for this purpose and this purpose alone. The USER hereby acknowledges and agrees that other matters not specifically addressed in this Agreement may arise and that NYSDOT shall have the right to make changes in this Agreement, by adding provisions, deleting provisions, and/or changing existing provisions when in NYSDOT's opinion circumstances warrant such changes. NYSDOT shall provide prior written notice of any such changes to this Agreement to the USER at which time the USER may or may not accept the revisions. Not accepting future revisions may result in the USER being denied access to the live video feeds. 1. GENERAL PROVISIONS: A. NYSDOT will operate and maintain the CCTV system as a traffic management tool and, consistent with this purpose, NYSDOT agrees to provide the USER with Access to Live Video. NYSDOT does not guarantee the continuity of this access, and NYSDOT does not warrant the quality of Page 1 any video feeds or the accuracy of any image or information provided. Any reliance on such feeds or information is at the risk of the USER. B. NYSDOT will operate the CCTV cameras under the most current Department policy governing use and operation of CCTV. C. NYSDOT will maintain exclusive control of the information and video released from the CCTV system to the USER, including but not limited to determining whether and when to provide a CCTV system feed, from what location, and for what duration. No feed will deploy the cameras' zoom capabilities, and no video stream is intended to identify vehicle license plates, drivers, or other personal identification of individuals involved in any traffic -related incident. No image will focus on any property or person outside the NYSDOT right-of-way. Access via feed will not be provided for events that are not, in the opinion of NYSDOT personnel, traffic -related. The decision whether to activate, and upon activation to terminate the access, is exclusively at the discretion of NYSDOT personnel. D. NYSDOT TMC personnel will not accept requests that specific CCTV cameras are operated or repositioned, unless instructed by Main Office. E. NYSDOT will provide each USER the same video feed from the CCTV system as any other USER participating in this Agreement. This Agreement in no way limits or restricts NYSDOT from providing video information to any other potential USER. F. NYSDOT will discontinue the video feed(s) when CCTV data contains Personal Identifier Information until such time as the CCTV system is returned to a mode where Personal Identifier Information is not being collected, except in the event of a public health danger or safety emergency, wherein the Department may provide Personal Identifier Information to USER as may be necessary to prevent, limit or mitigate such emergency. However, it is possible that video containing Personal Identifier Information may be transmitted on occasion due to technical limitations or human error and the Department reserves the right to discontinue such video feeds. G. NYSDOT will not show detailed pictures of incidents or accidents for the benefit of the USERS, nor will it accept requests for specific images from USER. Incident site video will generally be wide angle shots of the backup resulting from the incident, and not the incident itself. H. NYSDOT reserves the right to change the level of USER access at any time, with prior written notice. Page 2 I. The terms of this agreement will become effective the last date on which all Parties have affixed their signatures, and shall continue unless modified or terminated as provided for in this Agreement. J. Nothing in this Agreement is intended to conflict with any law or regulation of the State of New York, or any federal law or regulation. If a term of this Agreement is inconsistent with any law or regulation of the State of New York, or any federal law or regulation, that than term shall be invalid, but the remaining terms and conditions of this agreement shall remain in effect. 2. USER'S RESPONSIBILITIES: A. Low bandwidth video is available through the video distribution cloud at no cost. However, if a high bandwidth is desired, the user must install the necessary equipment in the TMC. The USER is exclusively responsible for any costs related to the purchase and installation of the equipment necessary to receive the high bandwidth live video feed from the TMC. The USER must coordinate with TMC personnel to schedule an appointment to install equipment. TMC personnel reserve the right to schedule such at a time and in such a manner so as to not interrupt or otherwise obstruct TMC operations. Due to space and connection limitations, NYSDOT reserves the right to limit the number of users installing equipment to access the high bandwidth feeds and limit the number of streams. All video streams will be accessed on -demand. B. USER shall maintain the security and integrity of the CCTV system by limiting use of the system to trained and authorized individuals within their organization, and by insuring the system is used for the specific purpose stated in this Agreement. No feed shall be purposely broadcast live or rebroadcast that is zoomed in on an incident where individuals or license plate numbers are recognizable. C. USER accepts all risks inherent with the live video feeds, including, but not limited to, interruptions in the video feed, downtime for maintenance, or unannounced adjustments to the camera displays. NYSDOT is providing the video feeds as a convenience to the USER and agrees to provide a good faith effort to maintain the video feed from NYSDOT equipment. The USER agrees to hold NYSDOT harmless, including NYSDOT employees and NYSDOT designated agents, from any damages caused to USER by loss of a video signal due to equipment failure or any act or omission on their part. D. USER agrees not to assign, transfer, convey, sublet or otherwise dispose of any rights under this Agreement without the prior written consent of NYSDOT. Page 3 E. USER agrees to provide NYSDOT with a primary contact person and a back-up in the event NYSDOT needs to contact the USER. F. USER must work directly with the TMC to be in compliance with any additional network connection requirements for CCTV data. This may include signing an additional agreement. G. USER shall not disseminate CCTV video feed from NYSDOT to any third party without prior written consent from NYSDOT except that a USER that is a television broadcaster licensed in New York State may air portions of the video feed on its programming services in connection with its news broadcast. H. USER shall not record any CCTV video feeds it receives from NYSDOT. I. USER agrees not to alter or enhance any CCTV video feeds it receives from NYSDOT. J. USER agrees to acknowledge that the video feeds are provided by NYSDOT by displaying a 511NY or NYSDOT approved logo at all tunes within the video view. K. USER agrees to acknowledge during any public airings of video streams received from CCTV cameras that such video streams are provided by NYSDOT. L. USER must include a prominent attribution message to NYSDOT when displaying video feeds on a website. Attribution must be included on the same page as that on which the video appears and shall also include a prominent Iink to www.51 1ny.org. M. USER agrees not to alter the NYSDOT or 511NY logo in any way, including proportions, colors, elements, etc. N. USER agrees not to use the NYSDOT or 511NY logo as a feature or design element of any other image. O. USER agrees not to display the NYSDOT or 511NY logo on any site that infringes on any intellectual property rights of others, or violates any state, federal or international law. P. USER agrees not to display the NYSDOT or 511NY logo in any way that implies sponsorship, endorsement, or license of any product, individual, or entity by NYSDOT or 511NY. Q. USER agrees to collaborate, to the extent practical, with NYSDOT to facilitate public outreach related to traffic management. Collaboration and Page 4 information sharing between USER and NYSDOT should occur as frequently/regularly as possible. R. USER is invited to participate in Traffic Incident Management (TIM) events such as the yearly TIM Executive Summit, TIM Symposium, and in Regional Traffic Incident Management meetings and may attend any traffic incident management training provided by the TIM Program. 3. LIABILITY AND INDEMNITY PROVISIONS: A. USER agrees to defend, indemnify, and hold NYSDOT harmless from and against any and all liability and expense, including defense costs and legal fees, caused by any negligent or wrongful act or omission of the USER, or its agents, officers, and employees, in the use, possession, or dissemination of information made available from the CCTV system to the extent that such expenses or liability may be incurred by NYSDOT, including but not limited to, personal injury, bodily injury, death, property damage, and/or injury to privacy or reputation. B. The liability obligations assumed by the USER pursuant to this Agreement shall survive the termination of the Agreement, as to any and all claims including without limitation liability for any damages to NYSDOT property or for injury, death, property damage, or injury to personal reputation or privacy occurring as a proximate result of information made available from the CCTV system. 4. TERMINATION: A. NYSDOT reserves the right to terminate this video access program, and/or this agreement at any time, for any reason, without notice. B. The violation of any term of this Agreement or any law by the USER will be grounds for NYSDOT to terminate or restrict the USER's access, without notice. C. USER may terminate this agreement for any reason by serving thirty (30) days' notice upon the Commissioner of NYSDOT. 5. REQUIRED CLAUSES A. Exhibit 1, Appendix "A" contains the standard clauses for all New York State contracts and is attached hereto and is hereby made a part of this Agreement. B. Exhibit 2, the Iran Divestment Act notice is attached hereto and is hereby made a part of this Agreement. Page 5 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed and effective the last date on which all Parties have signed below. FOR NYSDOT By: Print Name/Title: Date: FOR By: Print Name/Title: Date: Acknowledgement STATE OF NEW YORK COUNTY OF On the day of in the year , before me, the undersigned notary public, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public Printed Name: _ My Commission Expires: Page 6 USER Primary Contact Person: (Please Print) Name: Email: Phone: USER Secondary Contact Person Name: Email: Phone: USER Third Contact Person (Optional): Name: Email: Phone: *Required *Required *Required Page 7 Instructions for Completing the Access Agreement for Live Video Note — you will need to complete two originals of the Agreement Page 1 Provide your organization's name and reason for accessing video (i.e. broadcast video during traffic reports). NYSDOT will fill in the effective date. Narne of The Parties (individually a "Party' or collectively- the `Parties") to this This Access Interested Agreement for Live Video and Information Sharing (Agreement") are the New York State_ Organization Department of Transportation (NYSDOT) and a Reason for private entity hereafter referred to as the "USER," for the purpose of Accessing Vicieo The effective date of this Agreement it NYSDOT will fill in the date Page 6 Provide the name of the organization, name and title of the person signing the agreement on behalf of the organization and the date. FOR By: Name of interested Organization Print NaineiTitle: Date: This section must be notarized: STATE OF NEW YORK COUNTY OF Acknowledgement rote sted Organization to Complete Notarization Section On the day of in the year : before me, the undersigned notary public, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose natne(s) is (are) subscribed to the within instrument and acknowledged to me that he/sheithey executed the same in his 'her their capacity(ie,O, and that by hist'her/their signature(s) on the instrument, the individual(s): or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public Printed Name: Commission Expires: Page 7 Provide the names of at least two contacts that NYSDOT can reach for notifications, concerns, or questions. A contact can be an administrative manager or technical resource. USER Primary Contact Person: (Please Print) Name: Email: *Required Phone: USER Secondary Contact Person Name: Email: *Required Phone: Resolution No. 2021-____ EXTRACT OF MINUTES OF MEETING OF TOWN BOARD AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE MONROE COUNTY SHERIFF’S OFFICE AND THE IRONDEQUOIT POLICE DEPARTMENT ACCEPTING NEW YORK STATE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES GRANT IN THE AMOUNT OF UP TO $25,000.00 At a regular 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 20th day of April 2021 at 7:00 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 New York State Division of Homeland Security and Emergency Services in an effort to enhance law enforcement preparedness and operational readiness along the borders of the United States and to enhance cooperation, coordination and operational capabilities between Federal, State, local and tribal law enforcement agencies in a joint mission to secure the U.S. Borders, has provided a monetary grant to the Monroe County Sheriff’s Office; and WHEREAS, the Monroe County Sheriff’s Office is the primary recipient of said grant and pursuant to the terms of the grant is to administer certain funds to the Irondequoit Police Department and facilitate the use thereof; and WHEREAS, the Irondequoit Police Department wishes to accept the grant funds to be used for (i) personnel overtime (including personnel fringe benefit costs); and (ii) license plate reader maintenance (the “Grant Activities”) pursuant to the terms and conditions of the attached Memorandum of Understanding and the principle Grant conditions of the New York State Division of Homeland Security and Emergency Services; and WHEREAS, the Town and Monroe County may enter into the Memorandum of Understanding pursuant to Section 119-o of the New York General Municipal Law; and WHEREAS, the Chief of Police requests a budget amendment to appropriate up to $25,000.00 from the New York State Division of Homeland Security and Emergency Services; and WHEREAS, the New York State Division of Homeland Security and Emergency Services grant revenue will be appropriated to 001-0001-4389-4396 – Federal Grant - Stonegarden (IPD); and WHEREAS, $20,900.00 be allocated to personnel overtime (which includes personnel fringe benefit costs including FICA, Medicare, Retirement and Health Insurance) to be paid from 001.3120.0100.1102.1102 and associated benefit accounts; and WHEREAS, $776.00 be allocated to mileage to be paid from 001.3120.4350; and WHEREAS, $3,150.00 be allocated to equipment maintenance to be paid from 001.3120.4270; and WHEREAS, the Town Board determines that the Grant Activities are a Type II action pursuant to 6 NYCRR § 617.5(c)(26) (routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment) and (31) (purchase or sale of furnishings, equipment or supplies, including surplus government property, other than the following: land, radioactive material, pesticides, herbicides, or other hazardous materials) and therefore no further review is needed pursuant to the New York State Environmental Quality Review Act (6 NYCRR § 617.5(a)). NOW THEREFORE BE IT RESOLVED, that the Town Board accepts the New York State Division of Homeland Security and Emergency Services grant (Award Contract SG 17-1009-D00) and amends the 2021 police operating budget by appropriating up to $25,000.00 of grant revenue into account 001-0001-4389-4396- Federal Grant- Stonegarden (IPD); AND BE IT FURTHER RESOLVED, that $20,900.00 be allocated to personnel overtime (which includes personnel fringe benefit costs including FICA, Medicare, Retirement and Health Insurance) to be paid from 001.3120.0100.1102.1102 and associated benefit accounts ;and AND BE IT FURTHER RESOLVED, that $776.00 be allocated to mileage to be paid from 001.3120.0100.1102.4350; and AND BE IT FURTHER RESOLVED, that $3,150.00 be allocated to equipment maintenance to be paid from 001.3120.4270; and AND BE IT FURTHER RESOLVED, that the Town Board authorizes the Town Supervisor and the Chief of Police to Execute the Memorandum of Understanding in the substantially the form annexed hereto as Exhibit A, and to enter into all other agreements necessary to accept the grant award. 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 _________ MEMORANDUM OF UNDERSTANDING THIS AGREEMENT, made this day of , 2020, by and between MONROE COUNTY, with offices at 39 West Main Street, Rochester, New York 14614 hereinafter referred to as the "MC", the MONROE COUNTY SHERIFF"S OFFICE, with offices at 130 South Plymouth Ave., Rochester, New York 14614, hereinafter referred to as the "MCSO" and TOWN of IRONDEQUOIT, with offices 1280 Titus Ave, Rochester, New York 14617, hereinafter referred to as "TOWN", and the IRONDEQUOIT POLICE DEPARTMENT, headquartered at 1300 Titus Ave., Irondequoit, New York 14612, hereinafter referred to as the "IPD". WITNESSETH: WHEREAS, the New York State Division of Homeland Security and Emergency Services (hereinafter referred to as "DHSES") in an effort to enhance law enforcement preparedness and operational readiness along the borders of the United States and to enhance cooperation, coordination and operational capabilities between Federal, State, local and tribal law enforcement agencies in a joint mission to secure the U.S. Borders, has provided a monetary grant (herein referred to as "GRANT") to MC and MCSO; and WHEREAS, MC and MCSO is the primary recipient of said grant and pursuant to the terms of the GRANT is to administer certain funds to the TOWN and IPD and facilitate the use thereof; and WHEREAS, TOWN and IPD agrees to accept the grant funds pursuant to the terms and conditions of this MOU and the principle GRANT conditions of the New York State Division of Homeland Security and Emergency Services; and NOW THEREFORE, MC, MCSO, TOWN and IPD do mutually agree as follows: TERM a. The term of this Memorandum of Understanding is September 1, 2020 until August 31, 2023, or until which time the aforementioned GRANT expires, is suspended or otherwise terminated. Either party may terminate this Memorandum of Agreement at any time upon thirty (30) days written notice, and b. The GRANT is a reimbursable grant and the amount attributed to IPD shall be as follows: Fiscal Year 2018 — total amount $24,904.00 as follows: i. $20,880.00 attributed to personnel overtime, ii. $ 874.00 attributed to mileage, iii. $ 3,150.00 attributed to maintenance of LPR, Fiscal Year 2019 — total amount $28,181.00 as follows: i. $24,156.00 attributed to personnel overtime, ii. $ 875.00 attributed to mileage, iii. $ 3,150.00 attributed to maintenance of LPR, Fiscal Year 2020 — total amount $24,826.00 as follows: i. $20,900.00 attributed to personnel overtime, ii. $ 776.00 attributed to mileage, iii. $ 3,150.00 attributed to equipment maintenance, c. Attachments "A" and "B" are attached to, and made a part of this Memorandum of Understanding. II. MC and MCSO DUTIES AND OBLIGATIONS a. MC and MCSO agrees to act pursuant to the terms and conditions of the aforementioned grant including the disbursement of funds to IPD consistent with this MOU, and III. TOWN and IPD DUTIES AND OBLIGATIONS a. TOWN and IPD agrees to act pursuant to the terms and conditions of the aforementioned GRANT including, but not limited to: i. Receipt of twenty-five thousand dollars ($25,000.00) as the maximum amount receivable under the GRANT and this MOU, and ii. Adhere to the objectives and performance measures as specified in the GRANT as formalized in Attachment "A" iii. Provide, complete and submit accurate vouchers for reimbursement pursuant with to the GRANT, and iv. Submit reports, including daily activity reports, via HSIN.gov - outlining the funds that were expended within 48 hours, and v. Submit timely reports as requested by MCSO (Jennifer Curley) pursuant to the requirements of the GRANT (for submission to DHSES ) as consistent with Attachment "A", and vi. Adhere to the terms and conditions as specified in Attachment "B" (general provisions of a governmental grant) IV. INDEMNIFICATION The parties agree each shall be solely responsible and answerable in damaged for any and all accidents and/or injuries to persons (including death) or property arising out of or related to the services to be rendered by the respective parties pursuant to this MOU and/or the GRANT. The parties indemnify and hold harmless New York State and its officers and employees from claims, suits, actions, damages and cost of every nature arising out of the provisions of services pursuant to the GRANT and/or MOU. V. COMPLIANCE WITH ALL LAWS The parties agree they all employees working under the GRANT and MOU shall strictly comply with all local, state, or federal laws, ordinances, rules or regulations controlling or limiting in any way the performance of the work required by this Agreement. Furthermore, each and every provision of law and clause required by law to be inserted in this agreement shall be deemed to be inserted herein. If, through mistake or otherwise, any such provision is not inserted, or is not properly inserted, then upon the application of either party this Agreement shall be forthwith physically amended to make such insertion or correction. 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the last day and year written below. By: Name: Title: Dated: Todd K. Baxter Monroe County Sheriff By: Name: Adam J Bello Title: Monroe County Executive Dated: By: By: Name: Alan Laird Name: David Seeley Title: Irondequoit Police Chief Title: Town of Irondequoit Supervisor Dated: Dated: State of New York } County of Monroe } On the day of in the year 2021 before me, the undersigned, a Notary Public in and for said State, personally appeared Todd K. Baxter, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signatures on the instrument, the individual(s), or the person upon behalf of which the individual acted, executed the instrument. Notary Public State of New York } County of Monroe } On the day of in the year 2021 before me, the undersigned, a Notary Public in and for said State, personally appeared Adam J. Bello, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signatures on the instrument, the individual(s), or the person upon behalf of which the individual acted, executed the instrument. Notary Public 3 State of New York } County of Monroe } On the day of in the year 2021 before me, the undersigned, a Notary Public in and for said State, personally appeared Alan Laird, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity, and that by his/her/their signatures(s) on the instrument, the individuals(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public State of New York } County of Monroe } On the day of in the year 2021 before me, the undersigned, a Notary Public in and for said State, personally appeared David Seeley, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity, and that by his/her/their signatures(s) on the instrument, the individuals(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public 4 ATTACHMENT "A" Award Contract Page 35 of41 Award Contract Project No. Grantee Name SG17-1009-000 Monroe County APPENDIX C PAYMENT AND REPORTING SCHEDULE For All Contractors: I. PAYMENT PROVISIONS Operation Stonegarden 01/04/2019 1. In full consideration of contract services to be performed. DHSES agrees to pay and the Contractor agrees to accept a sum not to exceed the amount noted on the Face Page hereof. All payments shall be In accordance with the budget contained in the applicable Attachment B form (Budget), which is attached hereto. A. Payment and Recoupment Language 1. Contractor shall provide complete and accurate vouchers to DHSES in order to receive payment. Vouchers submitted to DHSES must contain all information and supporting documentation required by the Agreement, DHSES and the State Comptroller. Payment for vouchers submitted by the Contractor shall only be rendered electronically, unless a paper check is expressly authorized by the Director of DHSES, at the Director's sole discretion, due to extenuating circumstances. Such electronic payment shall be made in accordance with the ordinary State procedures and practices_ The Contractor shall comply with the State Comptroller's procedures to authorize electronic payments. Authorization forms are available at the State Comptroller's website at www.osc.state.ny.us/epayfindex.htm, by email at epunit@osc.state.ny.us, or by telephone at (518) 474-4032. Contractor acknowledges that It will not receive payment on any vouchers submitted under this Agreement if it does not comply with the State Comptroller's electronic payment procedures, except where the Director has expressly authorized payment by paper check as set forth above. 2. The Contractor agrees that this Is a reimbursement -based contract; an advance may be provided as specified in Appendix D. All requests for reimbursement must reflect actual costs that have been disbursed by the Contractor. Items or services not received are not eligible for reimbursement. Reimbursement requests need to include the following documents: • Signed Voucher and Fiscal Cost Report • Detailed Itemization Forms or other forms deemed acceptable by DHSES of any budgeted category for which reimbursement is requested • Written documentation of all required DHSES approvals, as appropriate 3. Vouchers shall be submitted in a format acceptable to DHSES and the Office of the State Comptroller. Vouchers submitted for payment shall be deemed to be a certification that the payments requested are for project expenditures made in accordance with the items as contained in the Protect Budget (Appendix B) and during the contract period. Such voucher shall also be deemed to certify that: a) the payments requested do not duplicate reimbursement from other sources of funding; and b) the funds provided herein do not replace funds that, In the absence of this grant, would have been made available by the Contractor for this program. B. Interim and/or Final Claims for Reimbursement 1, Contractors must submit all required fiscal reports, supporting documentation and program progress reports. Failure to meet these requirements will result In the rejection of associated vouchers. Final vouchers, reimbursement requests and reports must be submitted within 30 days of the end of the grant contract period. Failure to voucher within this period may result in the loss of grant funds. The Contractor must also refund all unexpended advances and interest eamed over $500 an the advanced funds pursuant to 2 CFR Part 200, §200.305(b)(9). Property Records or Equipment Inventory Reports as defined in Appendix A-1, Section V, Paragraph R. must be available at the conclusion of the contract period and submitted to DHSES upon request. 2. If at the end of this contract there remain any monies (advanced or interest earned over $500 on the advanced funds) associated with this contract in the possession of the Contractor, the Contractor shall submit a https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward jsp 1/4/2019 Award Contract Page 36 of 41 check or money order for that amount payable to the order of the New York State Division of Homeland Security and Emergency Services. Remit the check along with the final fiscal cost report within 30 days of termination of this grant contract to: NYS Division of Homeland Security and Emergency Services Federal Fiscal Unit State Campus - Building 7A 1220 Washington Avenue Albany, NY 12242 3. For purposes of prompt payment provisions, the Designated Payment Office for the processing of all vouchers is the Contract Unit of DHSES. Payment of grant vouchers shall be made in accordance with the provisions of Article XI -A of the State Finance Law. Payment shall be preceded by an inspection period of 15 business days which shall be excluded from calculations of the payment due date for purposes of determining eligibility for interest payments. The Contractor must notify the Federal Fiscal Unit in writing of a change of address In order to benefit from the prompt payment provision of the State Finance Law, When progress reports are overdue, vouchers will not be eligible for prompt payment. 4. Timely and properly completed New York State vouchers, with supporting documentation when required, shall be submitted to: NYS Division of Homeland Security and Emergency Services Attention: Contracts Unit State Office Building Campus — Bldg. 7A 1220 Washington Avenue, Suite 610 Albany, NY 12242 II. REPORTING PROVISIONS A. Required Reports: Narrative/Qualitative Report (Progress Report) The Contractor will submit, on a quarterly basis, not later than 30 days from the end of the quarter, the report described in Section IlI(G)(2)(a)(I) of Appendix A-1 of the Contract. Expenditure Report (Fiscal Cost Report) The Contractor will submit, on a quarterly basis, not later than 30 days after the end date for which reimbursement is being claimed, the report described in Section III, Paragraph G(2)(a)(ill) of the Appendix A-1 of the Contract. Final Report The Contractor will submit the final report as described in Section III, Paragraph G(2)(a)(iv) of Appendix A-1 of the Contract, no later than 30 days after the end of the contract period. 1. Fiscal cost reports must be submitted showing grant expenditures, They must also show the amount of Interest earned to date on any advanced funds. All submitted vouchers will reflect the Contractor's actual expenditures and will be accompanied by supporting detailed itemization forms or a form deemed acceptable to DHSES for personal service, fringe benefit and non- personsl service expenditures or other documentation as required, and by a fiscal cost report for the reporting period, in the event that any expenditure for which the Contractor has been reimbursed by grant funds is subsequently disallowed, DHSES, in its sole discretion, may reduce the voucher payment by the amount disallowed. If necessary. the Contractor may be required to submit a final budget reallocation. DHSES reserves the right not to release subsequent grant awards pending Contractor compliance with this https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward.jsp 1/4/2019 Award Contract Page 37 of 41 Agreement. 2. The Contractor will submit program progress reports and one final report to DHSES on a prescribed form provided by DHSES as well as any addilionaf information or amended data as required. Progress reports wilt be due within 30 days of the last day of each calendar quarter or on an alternate schedule as prescribed in Appendix D. Progress reports will be due within 30 days of the last day of the calendar quarter from the start date of the program and the final report will be due upon completion of the project or termination of this Agreement. Calendar quarters, for the purposes of malting program progress reports, shall be as follows; Calendar Quarter: January 1 - March 31 -• Report Due: April 30 Calendar Quarter: April 1 - June 30 -- Report Due: July 30 Calendar Quarter: July 1 - September 30 — Report Due: October 30 Calendar Quarter. October 1 - December 31 --• Report Due: January 30 The final report, or where applicable interim progress reports, will summarize the proJect's achievements as well as describe activities for that quarter. Rev. 07/2015 C?milted by - on https://grants.dhses.ny.gov/NYOHS_ GMS/Project/ReportC©ntractAward jsp 1/4/2019 Award Contract Page 38 of 41 Award Contract Project No, Grantee Name SG17-1009-000 Monroe County Operation Stonegarden 01/04/2019 Work Plan Goal To enhance law enforcement preparedness and operational readiness along the borders of the United States; To enhance cooperation, coordination and operational capabilities between Federal, State, local and tribal law enforcement agencies in a joint mission to secure the U.S. bcrders. Objective #1 G & T WWorkolan Code -15. Enhance capability to support international border and waterway security. investment Justification - Operation Stonegarden NYS Critical Caoabtlliv Primary - Law Enforcement Counter -Terrorism Operations To enhance capability to support international border and waterway security. Task #1 for Objective #1 In coordination with U.S. Customs and Border Protection/Border Patrol, state, county and local law enforcement agencies, conduct operations to secure U.S. international borders. # Performance Measure 1 Organizational activities conducted, Provide brief narrative reporting organizational activities completed and how the operations enhanced international border and waterway security. Task #2 for Objective #1 Purchase equipment related to conducting operations to secure U.S international borders. # Performance Measure Identify equipment ordered and received. Provide brief narrative on the status of equipment purchased and 1 training of personnel and how the operations enhanced international border and waterway security. Equipment accountability records are properly maintained. https://grants.dhses.ny.gov/NYOHS_ GMS/ProjecVReportContractAward.jsp 1/4/2019 Award Contract Award Contract Project No. SG17-1009•D00 Special Conditions I. ALL GRANT FUNDS: Grantee Name Monroe County Page 39 of 41 Operation Stonegarden 01/04/2019 Federal grant funds provided are a subaward of Homeland Security Grant Program (HSGP) funds awarded to the New York State Division of Homeland Security and Emergency Services (DHSES) from the U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA). A. Permissible Use of Funding 1. HSGP funds must be used in accordance with the guidelines set forth in the HSGP Notice of Funding Opportunity, which can be located at http:/lrtww.fema.gov/grants 2. All expenditures under this grant must support the Goals and Objectives outlined in the 2017 2020 NYS Homeland Security Strategy and approved investment justifications. New York Stale's Homeland Security Strategy can be located on the DHSES website at hfip://www.dhses.ny.govlplanningl#strat 3. Designated Urban Areas under the Urban Areas Security Initiative (UASI) must have a charter document on file with the Federal Emergency Management Agency (FEMA) prior to drawing down UASI funding. The charter must address critical issues such as membership, governance structure, voting rights, grant management and administration responsibilities. and funding allocation methodologies.. B. Record Requirements 1. Subreclpients shall keep an agenda and meeting minutes on file for all meetings conducted regarding HSGP funded activities. 2. Any documents produced as a result of these meetings such as plans, schedules, or procedures, will also be kept on file and be made available to DHSES, upon request. C. Equipment Purchases 1. Equipment purchased with grant funds must fall within the allowable equipment categories for HSGP as listed on the Authorized Equipment List (AEL) (https://www.fema.gov/authorized equipment list). 2. Subrecipients are responsible to request a determination of eligibility from the U.S. Department of Homeland Security (DHS). through DHSES, for any equipment item in question. Unless otherwise staled in the program guidance, equipment must meet ati mandatory regulatory and/or OHS adopted standards to be eligible for purchase using HSGP funds. 3. The New York State Communication lnteroperability Plan (SCIP), as well as DHS Grant Guidance for grant funding, requires that all inleroperable communications equipment must be on the Authorized Equipment List (AEL) and must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. 11 Training & Exercise Related Activities 1. Any non DHS training course to be supported by this award must be submitted in advance to DHSES for written approval. 2. All exercises conducted must be managed and executed in accordance with the Homeland Security Exercise hops://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward jsp 1/4/2019 Award Contract Page 40 of 41 and Evaluation Program (HSEEP) Report scheduled exercises to the DHSES Office of Emergency Management (OEM) Training and Exercise Section 60 days prior to the start of the exercise. An After Action Report/Improvement Man (AAR/IP) must be prepared and submitted to DHSES following every exercise, regardless of type or scope AAR/IPs must conform to the HSEEP format and must be submitted within 60 days of completion of the exercise. 3. Subrecipients are required to be NIMS compliant. DHSES requires that subrecipients contact their county point of contact to determine how the particular county requires reporting. Subrecipients are expected to provide DHSES upon request any data required for annual NIMS certification purposes. E. Law Enforcement Requirements 1. Subreciplents that are law enforcement agencies agree that such funding shall be utilized for prevention, preparedness, and response initiatives consistent with the New York State Homeland Security Strategy. and with Counter Terrorism Zone (CTZ) efforts at the State and local level. This will ensure that fiscal resources are used for seamless and effective counter terrorism planning, training, information sharing, investigation, equipment acquisition, and response functions. 2. Particular attention must be paid to equipment and technology acquisitions, and, where similar technology already exists in the State's law enforcement communities, subrecipients will ensure that interoperability between and among existing law enforcement systems, and the New York State intelligence Center (NYSIC), is accomplished 3. Subrecipients further agree to consult with the NYSIC to ensure agency participation and inclusion in New York State's Field Intelligence Officer (FIO) Program. F. EHP Requirements 1. Subrecipients shall comply with all applicable federal, State, and local environmental and historic preservation (EHP) requirements and shall provide any Information requested by FEMA to ensure compliance with applicable laws including' National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental Justice (12898). 2. Failure of subrecipients to meet federal, State, and local EHP requirements and obtain applicable permits may jeopardize federal funding. Subreciplents shall not undertake any project having the potential to Impact EHP resources without the prior approval of FEMA, including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings Subrecipients must comply with all conditions placed on the project as the result of the EHP review. 3. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. 4. If ground disturbing activities occur during project implementation, subrecipients must ensure monitoring of ground disturbance and if any potential archeological resources are discovered, such subreciplent will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. 5. Any activities requiring environmental and historic preservation review that have been initiated prior to FEMA approval could result in non compliance finding. For your convenience. the screening form is available at: http://www.dhsas.ny.gov/grants/eph cfm. G. Equipment Maintenance Requirements 1. Subrecipients must track grant funds used for maintenance contracts, warranties, repair or replacement costs and upgrades, and report such expenditures in fiscal and program reports. https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward jsp 1/4/2019 Award Contract Page 41 of 41 1. Participation in and successful completion of the New York State Emergency Management Certification and Training Program (EMC Training Program) is a mandatory requirement under this Contract and a condition of funding. The EMC Training Program will be made available to, and required for, DHSES specified county and city government officials in order to ensure a consistent emergency management preparedness and response strategy across the State. Attendee substitutions, except as expressly approved by DHSES, shall not be permitted or deemed to be in compliance with this requirement 2. To fulfill the EMC Training Program requirement of the Contract and in order to be eligible far funding under this Contract, subreclpients must arrange far DHSES specified subrecipfent employees to receive and acknowledge receipt of EMC Training no later than 180 days after execution of this Contract. Copies of the training certificates for each required participant must be submitted to DHSES upon execution of the Contract, or, in the event that training is scheduled, but not yet complete, the subrecipient will be required 10 submit a signed statement indicating the scheduled future dates of attendance, and no later than thirty (30) days after the training is complete, forward such training certificates to DHSES. Continued compliance with the EMC Training Program also requires an annual refresher training of one day per 365 day cycle from the dale of initial training for previously trained individuals if such person remains employed by the subrecipient and fulfilling the same functions as he or she fulfilled during the initial training. Should a new employee be designated to serve in the DHSES specified positions, then he or she must come into compliance with the EMC Training Program requirements not later than 180 days after taking office. 3. Subrecipient must commit to active participation in a (DHSES Annual Capabilities Assessment as a condition of funding. Active ,participation Includes making reasonable staff, records, information, and time resources available to DHSES to perform the Annual Capabilities Assessment and meet the objectives and goals of the program. Subreclpients must be aware that the process of conducting a DHSES Annual Risk Assessment is an ongoing process and requires a continued commitment on the part of the subrecipient to ensure that It Is effective. 4. Alt subrecipients funded through this program agree to provide DHSES, upon request at any time during the life of the grant contract, such cooperation and information deemed necessary by DHSES to ascertain: (1) the nature and extent of any threats or hazards that may pose a risk to the subrecipient ; and (2) the status of any corresponding subrecipient plans, capabilities, or other resources for preventing, protecting against, mitigating, responding to, and recovering from such threats or hazards. 5. Additionally, pursuant to Article 26 of the NYS Executive law, DHSES Is authorized to undertake periodic drills and simulations designed to assess and prepare responses to terrorist acts or threats and other natural and man made disasters. Funded subrecpients agree to attend and participate in any DHSES sponsored conferences, training, workshops or meetings (excluding those identified by DHSES as voluntary) that may be conducted, by and at the request of DHSES, during the life of the grant contract. 6. Failure to comply with any of the requirements, as listed above, may result in sanctions up to and including the immediate suspension and/or revocation of the grant award, https://grants.dhses.ny.gov/NYOHS GMS/Project/ReportContnIctAward jsp 1/4/2019 ATTACHMENT "B" Award Contract Page 4 of 41 Award Contract Project No. Grantee Name SG17-1009-D00 Monroe County NEW YORK STATE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES GRANT CONTRACT APPENDIX A-1 Operation Stonagarden 01/04/2019 The Contract is hereby made by and between the Stale of New York, acting by and through the New York State Division of Homeland Security and Emergency Services (DHSES or State Agency) and the public or private entity ('Contractor' cr'Subrecipient') identified on the face page hereof (Face Page). WITNESSETH: WHEREAS, the State has the authority to regulate and provide funding for the establishment and operation of program services, design or the execution and performance of construction projects, as applicable and desires to contract with skilled parties possessing the necessary resources to provide such services or work, as applicable; and WHEREAS, the Contractor Is ready, willing and able to provide such program services or the execution and perfomiance of construction projects and possesses or can make available all necessary qualified personnel, licenses, facilities and expertise to perform or have performed the services or work, as applicable, required pursuant to the terns of the Contract; NOW THEREFORE, in consideration of the promises, responsibilities, and covenants herein, the State and the Contractor agree as follows: STANDARD TERMS AND CONDITIONS 1 GENERAL TERMS AND CONDITIONS A. Executory Clause: In accordance with Section 41 of the Stale Finance Law, the State shall have no liability under the Contract to the Contractor, or to anyone else, beyond funds appropriated and available for the Contract. B. Required Approvals: In accordance with Section 112 of the State Finance Law (or, if the Contract is with the State University of New York (SUNY) or City University of New York (CUNY), Section 355 or Section 621 B of the Education Law), if the Contract exceeds $50,000 (or $85,000 for contracts let by the Office of General Services,. or the minimum thresholds agreed to by the Office of the Stale Comptroller (050) for certain SUNY and CUNY contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount including, but not limited to, changes in amount, consideration, scope or contract term identified on the Face Page (Contract. Term), it shall not be valid, effective or binding upon the Slate until it has been approved by, and filed with, the New York Attorney General Contract Approval Unit (AG) and OSC. if, by the Contract, the State agrees to give something attar than money when the value or reasonably estimated value of such consideration exceeds S10,000, it shall not be valid, effective or binding upon the State until it has been approved by, and fled with, the AG and OSC. Budget Changes: An amendment that would result in a transfer of funds among program activities or budget categories that does not affect the amount, consideration, scope or other terms of such contract may be subject to the approval of the Offices of the State Comptroller and Attorney General where the amount of such modlfcatlon is, as a portion of the total value of the contract, equal to or greater than ten percent for contracts of less than five million dollars, or five percent for contracts of more than five million dollars; and, in addition, such amendment may be subject to prior approval by the applicable State Agency as detailed in Appendix C (Payment and Reporting Schedule), C. Contract Parts: This Contract incorporates the face pages attached, thls Appendix and all of the marked https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward jsp 1/4/2019 Award Contract Page 5 of 41 Appendices identified on the face page hereof. D. Order of Precedence: In the event of a conflict among (i) the terms of the Contract (including any and all Appendices and amendments) or (ii) between the terms of the Contract and the original request for proposal, the program application or other Appendix that was completed and executed by the Contractor in connection with the Contract, the order of precedence is as follows: - 1. Appendix A-11 2. Modifications to the Face Page 3. Modifications to Appendices B, C and D 4. The Face Page 5. Appendices B, C and D 5. Other attachments, including, but not limited to, the request for proposal or program application E. Governing Law: This Contract shall be governed by the laws of the State of New York except where the Federal Supremacy Clause requires otherwise. F. Funding: Funding for the entire Contract Period shall not exceed the funding amount specified as 'Funding Amount for the Initial Period' on the Face Page hereof or as subsequently revised to reflect an approved renewal or cost amendment. Funding for the initial and subsequent periods of the Contract shall not exceed the applicable amounts specified in the applicable Appendix B form (Budget). G. Contract Period: The period of this Contract shall be as specified on the face page hereof. H. Contract Performance: The Contractor shall perform all services or work, as applicable, and comply with all provisions of the Contract to the satisfaction of the State. The Contractor shall provide services or work, as applicable, and meet the program objectives summarized in Appendix D (Work Plan and Special Conditions) in accordance with the provisions of the Contract, relevant laws, rules and regulations, administrative, program and fiscal guidelines, and where applicable, operating certificate for facilities or licenses for an activity or program. For federally -funded grants, DHSES will conduct an evaluation lo determine risks posted by Contractors in managing federal awards. Consistent with 2 CFR §200.331, the results of the evaluation may result in the imposition special conditions to this Contract including but not limited to increased monitoring, suspension of reimbursements and cancellation of the Contract. I. Modifications: To modify the Contract, the parties shall revise or complete the appropriate appendix form(s). Any change in the amount of consideration to be paid, change in scope, or change in the term, is subject to the approval of the NYS Office of the State Comptroller. Any other modifications shall be processed in accordance with DHSES guidelines as stated In this Contract. J. Severablllty: Any provision of the Contract that is held to be Invalid, Illegal or unenforceable in any respect by a court of competent jurisdiction, shall be Ineffective only to the extent of such invalidity, illegality or unenforceabliity, without affecting in any way the remaining provisions hereof,, provided, however, that the parties to the Contract shall attempt in good faith to reform the Contract in a manner consistent with the intent of any such ineffective provision for the purpose of carrying out such intent If any provision is held void, invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances. K. Interpretation: The headings in the Contract are inserted for convenience and reference only and do not modify or restrict any of the provisions herein. All personal pronouns used herein shall be considered to be gender neutral. The Contract has been made under the laws of the State of New Yark, and the venue for resolving any disputes hereunder shall be in a court of competent jurisdiction of the State of New York. L. Notice: https://grants.dhses.ny.gov/NYOl-iS_GMS/Project/ReportContractAward. jsp 1 /4/201 9 Award Contract Page 6 of 41 1. All notices, except for notices of termination, shall be in writing and shall be transmitted either: a. by certified or registered United States mall, retum receipt requested; b. by facsimile transmission; c, by personal delivery; d. by expedited delivery service; or e. by e-mail. 2. Notices to the State shall be addressed to the Program Office. 3. Notices to the Contractor shall be addressed to the Contractor's designee. 4. Any such notice shall be deemed to have been given either at the time of personal delivery or, in the case of expedited delivery services or certified or registered United States mail, as of the date of first attempted delivery at the address and in the mariner provided herein, or in the case of facsimile transmission or e-mail, upon receipt. 5. The parties may, from time to time, specify any new or different e-mail address, facsimile number or address in the United States as their address for purpose of receiving notice under the Contract by giving fifteen (15) calendar days prior written notice to the other party sent in accordance herewith. The parties agree to mutually designate individuals as their respective representatives for the purposes of receiving notices under the Master Contract. Additional individuals may be designated In writing by the parties for purposes of implementation, administration, billing and resolving Issues and/or disputes. M, Service of Process: In addition to the methods of service allowed by the State Civil Practice Law & Rules (CPLR), Contractor hereby consents to service of process upon it by registered or certified mail, retum receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. The Contractor shall have thirty (30) calendar days after service hereunder is complete in which to respond. N. Set -Off Rights: The State shall have all of its common law, equitable, and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold, for the purposes of set-off, any moneys due to the Contractor under the Contract up to any amounts due and owing to the State with regard to the Contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of the Contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies, or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of setoff pursuant to an audit, the finalization of such audit by DHSES, its representatives, or OSC. 0, Indemnification: The Contractor shall be sorely responsible and answerable in damages for any and all accidents and/or injuries to persons (including death) or property arising out of or related to the services to be rendered by the Contractor or its subcontractors pursuant to this Contract. The Contractor shall indemnify and hold harmless the State and its officers and employees from claims, suits, actions, damages and cost of every nature arising out of the provision of services pursuant to the Contract. P. Non -Assignment Clause: In accordance with Section 138 of the State Finance Law, the Contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet, or otherwise disposed of without the State's previous written consent, and attempts to do so shall be considered to be null and void. Notwithstanding the foregoing, such prior written consent of an assignment of a contract, let pursuant to Article XI of the State Finance Law, may be waived at the discretion of DHSES and with the concurrence of OSC, where the original contract was subject to OSC's approval, where the assignment is due to a reorganization, merger, or consolidation of the Contractor's business entity or enterprise. The State retains its hops://grants.dhses.ny.gov/NYONS_GMS/Project/ReportContractAward.jsp 1/4/2019 Award Contract Page 7 of 41 right to approve an assignment and to require that the merged contractor demonstrate its responsibility to do business with the State. The Contractor may, however, assign Its right to receive payments without the State's prior written consent unless the Contract concems Certificates of Participation pursuant to Article 5-A of the State Finance Law. Q. Legal Action: No litigation or regulatory action shall be brought against the federal govemment, the State of New York, DHSES or against any county or other local govemment entity with the funds provided under the Contract. The term 'litigation' shall include commencing or threatening to commence a lawsuit, joining or threatening to join as a party to ongoing litigation, or requesting any relief from any of the federal government, the State of New York, DHSES or any county or other local government entity. The term'regulatory action' shall include commencing or threatening to commence a regulatory proceeding, or requesting any regulatory relief from any of the State of New York, the State Agency, or any county, or other local govemment entity. R. No Arbitration: Disputes involving the Contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must. instead, be heard in a court of competent jurisdiction of the Stale of New York. S. Secular Purpose: Services performed pursuant to the Contract are secular in nature and shall be performed in a manner that does not discriminate on the basis of religious belief, or promote or discourage adherence to religion in general or particular religious beliefs. T. Partisan Political Activity and Lobbying: Funds provided pursuant to the Contract shall not be used for any partisan political activity, or for activities that attempt to Influence legislation or election or defeat of any candidate for public office. U. Reciprocity and Sanctions Provisions: The Contractor is hereby notified that if its principal place of business is located in a country, nation, province, state, or political subdivision that penalizes New York State vendors, and If the goods or services It offers shall be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively) require that It be denied contracts which it would otherwise obtain.2 V. Reporting Fraud and Abuse: Contractor acknowledges that it has reviewed information on how to prevent, detect, and report fraud, waste and abuse of public funds, including information about the federal False Claims Act, the New York State False Claims Act and whistleblower protections. W. Non -Collusive Bidding: By submission of this bid, the Contractor and each person signing on behalf of the Contractor certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his or her knowledge and belief that its bid was arrived at Independently and without collusion aimed at restricting competition, The Contractor further affirms that, at the time the Contractor submitted Its bid, an authorized and responsible person executed and delivered to the State a non -collusive binding certification on the Contractor's behalf. X. Federally Funded Grants: Alt of the specific federal requirements that are applicable to the Contract are identified In Section V (FEDERALLY FUNDED GRANT REQUIREMENTS) of this Appendix. To the extent that the Contract is funded in whole or part with federal funds, (1) the provisions of the Contract that conflict with federal rules, federal regulations, or federal program specific requirements shall not apply and (it) the Contractor agrees to comply with all applicable federal rules, regulations and program specific requirements including, but not limited to, those provisions that are set forth in Section V (FEDERALLY FUNDED GRANT REQUIREMENTS) of this Appendix. To the extent that section V (FEDERALLY FUNDED GRANT REQUIREMENTS) conflict with any other provisions of the Contract, the federal requirements of Section V shall supersede all other provisions of the Contract where required. Y. The Contractor must meet the program objectives summarized in the Program Work Plan and Special Conditions (Appendix D) to the satisfaction of DHSES in accordance with provisions of the Contract, relevant laws, rules and regulations, administrative and fiscal guidelines and, where applicable, operating certificates for facilities or license for an activity or program. https://grants.dhses.ny.gov/NYYOHS_GMS/ProjectlReportContractAward jsp 1/4/2019 Award Contract Page 8 of 41 II. TERM, TERMINATION AND SUSPENSION A. Terns: The term of the Contract shall be as specified on the Face Page, unless terminated sooner as provided herein. B. Renewal: 1. General Renewal: The Contract may consist of successive periods on the same terms and conditions, as specified within the Contract (a 'Simplified Renewal Contract'). Each additional or superseding period shall be on the forms specified by the State and shall be incorporated in the Contract. 2. Renewal Notice to Not -for -Profit Contractors: a. Pursuant to State Finance Law §179-t, if the Contract is with a not -for-profit Contractor and provides for a renewal option, the State shall notify the Contractor of the State's intent to renew or not to renew the Contract no later than ninety (90) calendar days prior to the end of the term of the Contract, unless funding for the renewal is contingent upon enactment of an appropriation. If funding for the renewal is contingent upon enactment of an appropriation, the State shall notify the Contractor of the State's intent to renew or not to renew the Contract the later at (1) ninety (90) calendar days prior to the end of the term of the Contract, and (2) thirty (30) calendar days after the necessary appropriation becomes law. Notwithstanding the foregoing, in the event that the State is unable to comply with the tirne frames set forth in this paragraph due to unusual circumstances beyond the control of the State ("Unusual Circumstances'), no payment of interest shall be due to the not -for-profit Contractor. For purposes of State Finance Law §179-t, "Unusual Circumstances' shall not mean the failure by the State to (1) plan for implementation of a program, (ii) assign sufficient staff resources to implement a program, (iii) establish a schedule for the Implementation of a program or (iv) anticipate any other reasonably foreseeable circumstance. b. Notification to the not -for-profit Contractor of the Stale"s intent to not renew the Contract must be in writing in the form of a letter, with the reason(s) for the non -renewal included. If the State does not provide notice to the not -for-profit Contractor of its intent not to renew the Contract as required in this Section and State Finance Law §179-t, the Contract shall be deemed continued until the date the State provides the necessary notice to the Contractor, in accordance with State Finance Law §179-t. Expenses incurred by the not -for-profit Contractor during such extension shall be reimbursable under the terms of the Contract C. Termination' t Grounds: a. Mutual Consent The Contract may be terminated at any time upon mutual written consent of the State and the Contractor. b. Cause: The State may terminate the Contract immediately, upon written notice of termination to the Contractor, if the Contractor fails to comply with any of the terms and conditions of the Contract andlor with any laws, rules, regulations, policies, or procedures that are applicable to the Contract. c. Non -Responsibility: In accordance with the provisions of this Contract, the State may make a final determination that the Contractor is non -responsible (Determination of Non -Responsibility), in such event, the State may terminate the Contract at the Contractor's expense, complete the contractual requirements in any manner the State deems advisable and pursue available legal or equitable remedies for breach. d. Convenience: The State may terminate the Contract in its sole discretion upon thirty (30) calendar days prior written notice. e Lack of Funds' If for any reason the State or the Federal government terminates or reduces its appropriation to the applicable State Agency entering into the Contract or fails to pay the full amount of the allocation for the operation of one or more programs funded under this Contract, the Contract may be terminated or reduced at DFISES's discretion, provided that no such reduction or termination shall apply to allowable costs already incurred by the Contractor where funds are available to DHSES for payment of such costs. Upon termination or reduction of the Contract, all remaining funds paid to the Contractor that are not subject to allowable costs https://grants.dhses.ny.gov/NYOHS__GMS/Project/ReportContractAward.jsp 1/4/2019 Award Contract Page 9 of 41 already incurred by the Contractor shall be returned to MISES. In any event, no liability shall be Incurred by the Slate (including DHSES) beyond monies available for the purposes of the Contract. The Contractor acknowledges that any funds due to DHSES or the State of New York because of disallowed expenditures after audit shall be the Contractor's responsibility. 1. Force Majeure: The State may terminate ar suspend its performance under the Contract immediately upon the occurrence of a 'force majeure'. For purposes of the Contract, 'Force majeure' shall include, but not be limited to, natural disasters, war, rebellion, insurrection, riot, strikes, lockout and any unforeseen circumstances and acts beyond the control of the State which render the performance of its obligations impossible. 2. Notice of Termination: a. Service of notice: Written notice of termination shall be sent by: f. personal messenger service; or ii. certified mail, return receipt requested and first class mail. b. Effective date of termination: The effective date of the termination shall be the later of (i) the date indicated in the notice and (11) the date the notice is received by the Contractor, and shall be established as follows: i. if the notice is delivered by hand, the date of receipt shall be established by the receipt given to the Contractor or by affidavit of the individual making such hand delivery attesting to the date of delivery; or ii. if the notice is delivered by registered or certified mail, by the receipt returned from the United States Postal Service, ar if no receipt is returned, five (5) business days from the date of mailing of the first class letter, postage prepaid, in a depository under the care and control of the United States Postal Service. 3. Effect of Notice and Termination on State's Payment Obligations: a. Upon receipt of notice of termination, the Contractor agrees to cancel, prior to the effective date of any prospective termination, as many outstanding obligations as possible, and agrees not to incur any new obligations after receipt of the notice without approval by the State. b. The State shall be responsible for payment an claims for services or work provided and costs incurred pursuant to the terms of the Contract. In no event shall the State be liable for expenses and obligations arising from the requirements of the Contract after its termination date. 4. Effect of Termination Based on Misuse or Conversion of State or Federal Property: Where the Contract is terminated for cause based an Contractor's failure to use some or all of the real property or equipment purchased pursuant to the Contract for the purposes set forth herein, the State may, at its option, require: a. the repayment to the State of any monies previously paid to the Contractor, or b. the retum of any real property or equipment purchased under the terms of the Contract; or c. an appropriate combination of clauses (a) and (b) of Section II(C)(4) herein. Nothing herein shall be intended to limit the State's ability to pursue such other legal or equitable remedies as may be available. D. Suspension: The State may, in its discretion, order the Contractor to suspend performance for a reasonable period of time. In the event of such suspension, the Contractor shall be given a formal written notice outlining the particulars of such suspension. Upon issuance of such notice, the Contractor shall comply with the particulars of the notice. The Stale shall have no obligation to reimburse Contractor's expenses during such suspension period. Activities may resume at such time as the State issues a formal written notice authorizing a resumption of performance under the Contract. https://grants.dhses.ny.gov/NYOHS _ GMS/ProjectllteportContractAward.jsp I/4/2019 Award Contract Page 10 of 41 10. PAYMENT AND REPORTING A. Terris and Conditions: 1. In full consideration of contract services to be performed, DHSES agrees to pay and the Contractor agrees to accept a sum not to exceed the amount noted on the Face Page. 2. The State has no obligation to make payment until all required approvals, including the approval of the AG and OSC, if required, have been obtained. Contractor obligations or expenditures that precede the start date of the Contract shall not be reimbursed. 3. The Contractor must provide complete and accurate billing invoices to the State in order to receive payment Provided, however, the Stale may, at its discretion, automatically generate a voucher in accordance with an approved contract payment schedule. Billing invoices submitted to the Stale must contain all information and supporting documentation required by Appendix C (Payment and Reporting Schedule) and Section III(C) herein. The State may require the Contractor to submit billing Invoices electronically. 4. Payment for invoices submitted by the Contractor shall only be rendered electronically unless payment by paper check is expressly authorized by the head of DHSES, in the sole discretion of the head of such State Agency, due to extenuating circumstances, Such electronic payment shall be made in accordance with OSC's procedures and practices to authorize electronic payments. Authorization forms are available at the State Comptroller's websile at www.osc.state.ny. us/epayfindex.htm, by email at epunit@osc.state.ny.us, or by telephone at (518) 474-4032. Contractor acknowledges that it will not receive payment on any vouchers submitted under this Contract If it does not comply with the Stale Comptroller's electronic payment procedures, except where the Director has expressly authorized payment by paper check as set forth above. 5. If travel expenses are an approved expenditure under this Contract, travel expenses shall be reimbursed at the lesser of the rates set forth in the written standard travel policy of the Contractor, the OSC guidelines, or United States General Services Administration rates. No out-of-state travel costs shall be permitted unless specifically detailed and pre -approved by the State. 6. Timeliness of advance payments or other claims for reimbursement, and any interest to be paid to Contractor for late payment, shall be govemed by Article 11-A of the State Finance Law to the extent required by law. 7. Article 11-B of the State Finance Law sets forth certain time frames for the Full Execution of contracts or renewal contracts with not -for-profit organizations and the implementation of any program plan associated with such contract. For purposes of this section, 'Full Execution' shall mean that the contract has been signed by all parties thereto and has obtained the approval of the AG and OSC. Any interest to be paid on a missed payment to the Contractor based on a delay in the Full Execution of the Master Contract shall be governed by Article 11-B of the State Finance Law. B. Advance Payment and Recoupment: 1, Advance payments, which the State In its sole discretion may make to not -for-profit grant recipients, shall be made and recouped in accordance with State Finance Law Section 179(u), this Section and the provisions of Appendix C (Payment and Reporting Schedule). 2. Advance payments made by the Slate to not -for-profit grant recipients shall be due no later than thirty (30) calendar days, excluding legal holidays, after the first day of the Contract Term or, if renewed, in the period identified on the Face Page. 3. For subsequent contract years in multi -year contracts, Contractor will be notified of the scheduled advance payments for the upcoming contract year no later than 90 days prior to the commencement of the contract year. For simplified renewals, the payment schedule (Appendix C) will be modified as part of the renewal process. 4, Recoupment of any advance payment(s) shall be recovered by crediting the percentage of subsequent claims listed in Appendix C (Payment and Reporting Schedule) and Section III(C) herein and such claims shall be hops://grants.dhses.ny.gov/NYOHS GMS/Projcct/RcportContractAward jsp 1/4/2019 Award Contract Page 11 of41 reduced until the advance is fully recovered within the Contract Term, Any unexpended advance balance at the end of the Contract Term shall be refunded by the Contractor to the State. 5. If for any reason the amount of any claim is not sufficient to cover the proportionate advance amount to be recovered, then subsequent claims may be reduced until the advance is fully recovered. C. Claims for Reimbursement: 1. The Contractor shall submit claims for the reimbursement of expenses incurred on behalf of the State under the Contract in accordance with this Section and the applicable claiming schedule in Appendix C (Payment and Reporting Schedule). Vouchers submitted for payment shall be deemed to be a certification that the payments requested are for project expenditures made in accordance with the items as contained in the applicable Appendix B form (Budget) and during the Contract Terrn. When submitting a voucher, such voucher shall also be deemed to certify that (1) the payments requested do not duplicate reimbursement from other sources of funding; and (if) the finds provided herein do not replace funds that, in the absence of this grant, would have been made available by the Contractor for this program. Requirement (II) does not apply to grants funded pursuant to a Community Projects Fund appropriation. 2, Consistent with the selected reimbursement claiming schedule in Appendix C (Payment and Reporting Schedule), the Contractor shall comply with the appropriate following provisions: a. Quarterly Reimbursement The Contractor shall be entitled to receive payments for work, projects, and services rendered as detailed and described In Appendix D (Work Plan and Special Conditions). The Contractor shall submit toDHSES quarterly voucher claims and supporting documentation. The Contractor shall submit vouchers toDHSES in accordance with the procedures set forth In Section lfl(A)(3) herein. b. Monthly Reimbursement; The Contractor shall be entitled to receive payments for work, projects, and services rendered as detailed and described in Appendix D (Work Plan and Special Conditions). The Contractor shall submit to DHSES monthly voucher claims and supporting documentation, The Contractor shall submit vouchers to DHSES in accordance with the procedures set forth in Section III(A)(3) herein. c. Biannual Reimbursement: The Contractor shall be entitled to receive payments for work, projects, and services rendered as detailed and described in Appendix D (Work Plan and Special Conditions). The Contractor shall submit to DHSES biannually voucher claims and supporting documentation. The Contractor shall submit vouchers to DHSES in accordance with the procedures set forth in Section III(A)(3) herein. d. Milestone/Perforrnance Reimbursement:3 Requests for payment based upon an event or milestone may be either severable or cumulative, A severable event/milestone is independent of accomplishment of any other event. If the event is cumulative, the successful completion of an event or milestone is dependent on the previous completion of another event. Milestone payments shall be made to the Contractor when requested in a form approved by the State, and at frequencies and in amounts stated in Appendix C (Payment and Reporting Schedule). DHSES shall make milestone payments subject to the Contractor's satisfactory performance. e. Fee for Service Reimbursement;; Payment shall be limited to only those fees specifically agreed upon in the Contract and shall be payable no more frequently than monthly upon submission of a voucher by the contractor. f. Rate Based Reimbursements Payment shall be limited to rate(s) established in the Contract. Payment may be requested no more frequently than monthly. g. Scheduled Reimbursements DHSES shall generate vouchers at the frequencies and amounts as set forth in Appendix C(Payment and Reporting Schedule). h. Interim Reimbursement: DHSES may generate vouchers on an interim basis and the amounts requested by the Contract as set forth In Attachment C (Payment and Reporting Schedule). i. Fifth Quarter Payments:7 Fifth quarter payment shall be paid to the Contractor at the conclusion of the final https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportConiractAward,jsp 1/4/2019 Award Contract Page 12 of41 scheduled payment period of the preceding contract period. DHSES shall use a written directive for fifth quarter financing. DHSES shall generate a voucher in the fourth quarter of the current contract year to pay the scheduled payment for the next contract year. 3. The Contractor shall also submit supporting fiscal documentation for the expenses claimed. 4. The State reserves the right to withhold up to fifteen percent (15%) of the total amount of the Contract as security for the faithful completion of services or work, as applicable, under the Contract. This amount may be withheld In whole or in part from any single payment or combination of payments otherwise due under the Contract. In the event that such withheld funds are insufficient to satisfy Contractor's obligations to the State, the State may pursue all available remedies, including the right of setoff and recoupment. 5. The State shall not be liable for payments on the Contract if it is made pursuant to a Community Projects Fund appropriation if insufficient monies are available pursuant to Section 99-d of the State Finance Law, 6. All vouchers submitted by the Contractor pursuant to the Contract shall be submitted to DHSES no later than thirty (30) calendar days after the end date of the period for which reimbursement Is claimed. In no event shall the amount received by the Contractor exceed the budget amount approved by DHSES, and, if actual expenditures by the Contractor are less than such sum, the amount payable by DHSES to the Contractor shall not exceed the amount of actual expenditures, 7. All obligations must be incurred prior 10 the end date of the contract. Notwithstanding the provisions of Section III(C)(6) above, with respect to the final period for which reimbursement is claimed, so long as the obligations were Incurred prior to the end date of the contract, the Contractor shall have up to ninety (90) calendar days after the contract end date to make expenditures; provided, however, that if the Contract is funded in whole or in part with federal funds, the Contractor shall have up to sixty (60) calendar days after the contract end date to make expenditures. D. Identifying information and Privacy Notification: 1. Every voucher or New York Stale Claim for Payment submitted to a State Agency by the Contractor, for payment for the sale of goods or services or for transactions (e.g., leases, easements, licenses, etc.) related to real or personal property, must include the Contractor's Vendor Identification Number assigned by the Statewide Financial System, and any or all of the following identification numbers: (i) the Ccntractor's Federal employer identification number, (ii) the Contractor's Federal social security number, andfor (iii) DUNS number. Failure to include such identification number or numbers may delay payment by the State to the Contractor. Where the Contractor does not have such number or numbers, the Contractor, on its voucher or Claim for Payment, must provide the reason or reasons for why the Contractor does not have such number or numbers. 2. The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such Information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the Stale is mandatory. The principle purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. The personal information is requested by the purchasing unit of DHSES contracting to purchase the goods or services or lease the real or personal property covered by the Contract. This information is maintained in the Statewide Financial System by the Vendor Management Unit within the Bureau of State Expenditures, Office of the State Comptroller, 110 State Street, Albany, New York, 12236. E. Refunds: 1. In the event that the Contractor must make a refund to the State for Contract -related activities, including repayment of an advance or an audit disallowance, payment must be made payable as set forth in this Appendix. The Contractor must reference the contract number with its payment and include a brief explanation of why the refund is being made. Refund payments must be submitted to the Office address listed In Appendix C. 2. If at the end or termination of the Contract, there remains any unexpended balance of the monies advanced htlps://grants.dhses.ny.gov/NYOFiS_GMS/ProjectlReportContractAward.jsp 1/4/2019 Award Contract Page 13 of 41 under the Contract in the possession of the Contractor, the Contractor shall make payment within forty-five (45) calendar days of the end or termination of the Contract. In the event that the Contractor fails to refund such balance the State may pursue all available remedies. F. Outstanding Amounts Owed to the State: Prior period overpayments (including, but not limited to, contract advances in excess of actual expenditures) and/or audit recoveries associated with the Contractor may be recouped against future payments made under this Contract to Contractor. The recoupment generally begins with the first payment made to the Contractor following identification of the overpayment and/or audit recovery amount. in the event that there are no payments to apply recoveries against, the Contractor shall make payment as provided in Section Ili(E) (Refunds) herein. G. Program and Fiscal Reporting Requirements: 1. The Contractor shall submit required periodic reports in accordance with the applicable schedule provided in Appendix C (Payment and Reporting Schedule), All required reports or other work products developed pursuant to the Contract must be completed as provided by the agreed upon work schedule in a manner satisfactory and acceptable to DHSES in order for the Contractor to be eligible for payment. 2. Consistent with the selected reporting options in Appendix C (Payment and Reporting Schedule), the Contractor shall comply with the following applicable provisions: a. If the Expenditure Based Reports option is indicated in Appendix C (Payment and Reporting Schedule), the Contractor shall provide DHSES with one or mare of the following reports as required by the following provisions and Appendix C (Payment and Reporting Schedule) as applicable: i. Narrative//Qualitative Report; The Contractor shall submit, on a quarterly basis, not later than the time period listed In Appendix C (Payment and Reporting Schedule), a report, in narrative form, summarizing the services rendered during the quarter, This report shall detail how the Contractor has progressed toward attaining the qualitative goals enumerated in Appendix D (Work Plan and Special Conditions). This report should address all goals and objectives of the project and Include a discussion of problems encountered and steps taken to solve them. II. Statistical/Quantitative Report: The Contractor shall submit, on a quarterly basis, not later than the time period listed in Appendix C (Payment and Reporting Schedule), a detailed report analyzing the quantitative aspects of the program plan, as appropriate (e.g., number of meals served, clients transported, patient/client encounters, procedures performed, training sessions conducted, etc). iii. Expenditure Report: The Contractor shall submit, on a quarterly basis, not later than the time period listed in Appendix C (Payment and Reporting Schedule), a detailed expenditure report, by object of expense. This report shall accompany the voucher submitted for such period. iv. Final Report: The Contractor shall submit a final report as required by the Contract, not later than the time period listed in Appendix C (Payment and Reporting Schedule) which reports on all aspects of the program and detailing how the use of funds were utilized in achieving the goals set forth in Appendix D (Work Plan and Special Conditions). v. Consolidated Fiscal Report (CFR): The Contractor shall submit a CFR, which includes a year-end cost report and final claim not later than the time period listed in Appendix C (Payment and Reporting Schedule). b. If the Performance -Based Reports option is indicated in Appendix C (Payment and Reporting Schedule), the Contractor shall provide DHSES with the following reports as required by the following provisions and Appendix C (Payment and Reporting Schedule) as applicable: I. Progress Report: The Contractor shall provide DHSES with a written progress report using the forms and formats as provided by DHSES, summarizing the work performed during the period. These reports shall detail the Contractor's progress toward attaining the specific goals enumerated in Appendix ID (Work Plan and Special Conditions). Progress reports shall be submitted in a format prescribed in the Contract. Ii. Final Progress Report: Final scheduled payment is due during the time period set forth in Appendix C httpsJ/grants.dhses.ny.gov/NYOHS_GMS/ProjectlReportContractAward.jsp 1/4/2019 Award Contract Page 14 of 41 (Payment and Reporting Schedule). The deadline for submission of the final report shall be the date set forth in Appendix C (Payment and Reporting Schedule). DHSES shall complete its audit and notify the Contractor of the results no later than the date set forth in Appendix C (Payment and Reporting Schedule). Payment shall be adjusted by DHSES to reflect only those services/expenditures that were made in accordance with the Contract. The Contractor shall submit a detailed comprehensive final progress report not later than the date set forth In Appendix C (Payment and Reporting Schedule), summarizing the work performed during the entire Contract Term (i.e., a cumulative report), in the forms and formats required. 3. In addition to the periodic reports slated above, the Contractor may be required (a) to submit such other reports as are required in Table 1 of Appendix C (Payment and Reporting Schedule), and (b) prior to receipt of final payment under the Contract, to submit one or more final reports in accordance with the form, content, and schedule stated In Table 1 of Appendix C (Payment and Reporting Schedule). H. Notification of Significant Occurrences: 1. If any specific event or conjunction of circumstances threatens the successful completion of this project, in whole or in part, including where relevant, timely completion of milestones or other program requirements, the Contractor agrees to submit to DHSES within three (3) calendar days of becoming aware of the occurrence or of such problem, a written description thereof together with a recommended solution thereto. 2. The Contractor shall immediately notify in writing the program manager assigned to the Contract of any unusual incident, occurrence, or event that involves the staff, volunteers, directors or officers of the Contractor, any subcontractor or program partidpant funded through the Contract, including but not limited to the following: death or serious injury; an arrest or possible criminal activity that could impact the successful completion of this project; any destruction of property; significant damage to the physical plant of the Contractor; or other matters of a similarly serious nature. IV. ADDITIONAL CONTRACTOR OBLIGATIONS, REPRESENTATIONS AND WARRANTIES A, Contractor as an Independent Contractor/Employees: 1. The State and the Contractor agree that the Contractor is an Independent contractor and not an employee of the State and may neither hold itself out nor claim to be an officer, employee, or subdivision of the State nor make any claim, demand, or application to or for any right based upon any different status. The Contractor shall be solely responsible for the recruitment, hiring, provision of employment benefits, payment of salaries and management of its project personnel. These functions shall be carried out in accordance with the provisions of the Contract, and all applicable Federal and State laws and regulations. 2. The Contractor warrants that it. Its staff, and any and all subcontractors have all the necessary licenses, approvals, and certifications currently required by the laws of any applicable local, state, or Federal government to perform the services or work, as applicable, pursuant to the Contract and/or any subcontract entered into under the Contract. The Contractor further agrees that such required licenses, approvals, and certificates shall be kept in full force and effect during the terra of the Contract, or any extension thereof, and to secure any new licenses, approvals, or certificates within the required time frames and/or to require its staff and subcontractors to obtain the requisite licenses, approvals, or certificates. In the event the Contractor, its staff, and/or subcontractors are notified of a denial or revocation of any license, approval, or certification to perform the services or work, as applicable, under the Contract, Contractor shall immediately notify the State. B. Subcontractors: 1. If the Contractor enters into subcontracts for the performance of work pursuant to the Contract, the Contractor shall take full responsibility, for the acts and omissions of its subcontractors. Nothing in the subcontract shall impair the rights of the State under the Contract. No contractual relationship shall be deemed to exist between the subcontractor and the State. 2. If requested by the State, the Contractor agrees not to enter into any subcontracts, or revisions to subcontracts, that are in excess of $100,000 for the performance of the obligations contained herein until it has received the prior written permission of the State, which shall have the right to review and approve each and https://grants.dhses.ny.gov/NYOF1S`GMS/1'roject/ReportContractAward jsp 1/4/2019 Award Contract Page 15 of 41 every subcontract in excess of $100,000 prior to giving written permission to the Contractor to enter into the subcontract. All agreements between the Contractor and subcontractors shall be by written contract, signed by individuals authorized to bind the parties. All such subcontracts shall contain provisions for specifying (1) that the work performed by the subcontractor must be in accordance with the leans of the Contract, (2) that nothing contained in the subcontract shall impair the rights of the State under the Contract, and (3) that nothing contained in the subcontract, nor under the Contract, shall be deemed to create any contractual relationship between the subcontractor and the State. In addition, subcontracts shall contain any other provisions which are required to be Included in subcontracts pursuant to the terms herein. 3. If requested by the State, prior to executing a subcontract, the Contractor agrees to require the subcontractor to provide to the State the information the State needs to determine whether a proposed subcontractor is a responsible vendor. 4. If requested by the State, when a subcontract equals or exceeds $100,000, the subcontractor must submit a Vendor Responsibility Questionnaire (Questionnaire). 5. If requested by the State, when a subcontract is executed, the Contractor must provide detailed subcontract information (a copy of subcontract will suffice) to the State within fifteen (15) calendar days after execution. The State may request from the Contractor copies of subcontracts between a subcontractor and its subcontractor. 6, The Contractor shall require any and all subcontractors to submit to the Contractor all financial claims for Services or work to DHSES, as applicable, rendered and required supporting documentation and reports as necessary to permit Contractor to meet claim deadlines and documentation requirements as established in Appendix C (Payment and Reporting Schedule) and Section III. Subcontractors shall be paid by the Contractor on a timely basis after submitting the required reports and vouchers for reimbursement of services or work, as applicable. Subcontractors shall be informed by the Contractor of the possibility of non-payment or rejection by the Contractor of claims that do not contain the required information, andlor are not received by the Contractor by said due date. C. Use of Material, Equipment, or Personnel: 1. The Contractor shall not use materials, equipment, or personnel paid for under the Contract for any activity other than those provided for under the Contract, except with the State's prior written permission. 2. Any interest accrued on funds paid to the Contractor by the State shall be deemed to be the property of the Stale and shall either be credited to the Stale at the close-out of the Contract or, upon the written permission of the State, shall be expended on additional services or work, as applicable, provided for under the Contract. D. Property: 1. Property is real property, equipment, or tangible personal property having a useful life of more than one year and an acquisition cost of $1,000 or more per unit a. If an item of Property required by the Contractor is available as surplus to the Slate, the State at its sole discretion, may arrange to provide such Property to the Contractor in lieu of the purchase of such Property. b. If the Stale consents in writing, the Contractor may retain possession of Property owned by the State, as provided herein, after the termination of the Contract to use for similar purposes. Otherwise, the Contractor shall return such Property to the Stale at the Contractor's cost and expense upon the expiration of the Contract. c. in addition, the Contractor agrees to permit the Slate to inspect the Property and to monitor its use at reasonable intervals during the Contractor's regular business hours d. The Contractor shall be responsible for maintaining and repairing Property purchased or procured under the Contract at its own cost and expense. The Contractor shall procure and maintain insurance at Its own cost and expense fn an amount satisfactory to DHSES naming DHSES as an additional insured, covering the loss, theft or destruction of such equipment. e. A rental charge to the Contract for a piece of Property owned by the Contractor shall not be allowed. https://grants.dhses.ny.gov/NYOHS GMS/Project/ReportContractAward jsp 1/4/2019 Award Contract Page 16 ofd 1 f. The State has the right to review and approve in writing any new contract for the purchase of or lease far rental of Property (Purchase/Lease Contract) operated in connection with the provision of the services or work, as applicable, as specified in the Contract, if applicable, and any modifications, amendments, or extensions of an existing lease or purchase prior to its execution. If, in its discretion, the State disapproves of any Purchase/Lease Contract, then the State shall not be obligated to make any payments for such Property. g. No member, officer, director or employee of the Contractor shall retain or acquire any interest, direct or indirect, in any Property, paid for with funds under the Contract, nor retain any interest, direct or indirect, in such, without full and complete prior disclosure of such interest and the date of acquisition thereof, In writing to the Contractor and the State. 2. For non -Federally -funded contracts, unless otherwise provided herein, the State shall have the following rights to Property purchased with funds provided under the Contract: a. For cost -reimbursable contracts, all right, title and interest in such Property shall belong to the State. b. For performance -based contracts, all right, title and interest in such Property shall belong to the Contractor. 3. For Federally funded contracts, bite to Property whose requisition cost is borne in whole or In part by monies provided under the Contract shall be governed by the terms and conditions of Section V (FEDERALLY FUNDED GRANT REQUIREMENTS) contained herein. 4. Upon written direction by the State, the Contractor shall maintain an inventory of all Property that is owned by the State as provided herein. 5. The Contractor shall execute any documents which the State may reasonably require to effectuate the provisions of this section. E. Records and Audits: 1. General: a, The Contractor shall establish and maintain, in paper or electronic format, complete and accurate books, records, documents, receipts, accounts, and other evidence directly pertinent to its performance under the Contract (collectively, Records). b. The Contractor agrees to produce and retain for the balance of the term of the Contract, and for a period of six years from the later of the date of (i) the Contract and (11) the most recent renewal of the Contract, any and all Records necessary to substantiate upon audit, the proper deposit and expenditure of funds received under the Contract, Such Records may include, but not be limited to, original books of entry (e.g., cash disbursements and cash receipts journal), and the following specific records (as applicable) to substantiate the types of expenditures noted: i. personal service expenditures: cancelled checks and the related bank statements, time and attendance records, payroll journals, cash and check disbursement records including copies of money orders and the like, vouchers and invoices, records of contract labor, any and all records listing payroll and the money value of non - cash advantages provided to employees, time cards, work schedules and logs, employee personal history folders, detailed and general ledgers, sales records, miscellaneous reports and returns (tax and otherwise), and cost allocation plans, if applicable. H. payroll taxes and fringe benefits: cancelled checks, copies of related bank statements, cash and check disbursement records Including copies of money orders and the like, invoices for fringe benefit expenses, miscellaneous reports and returns (tax and otherwise), and cost allocation plans, if applicable. iii. non -personal services expenditures: original Invoices/receipts, cancelled checks and related bank statements, consultant agreements, leases, cost allocation plans, and bid and procurement documentation, such as quotes, proposals and selection records, if applicable. https://grants.dhses.ny.gov/NYOHS__GMS/Project/ReportContractAward.jsp 1/4/2019 Award Contract Page 17 of 41 iv. receipt and deposit of advance and reimbursements: itemized bank stamped deposit slips, and a copy of the related bank statements. c. The OSC, AG and any other person or entity authorized to conduct an examination, as well as DHSES or State Agencies involved in the Contract that provided funding, shall have access to the Records during the hours of 9:00 a.m. until 5:00 p.m., Monday through Friday (excluding State recognized holidays), at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying, d. The State shall protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law provided that: (I) the Contractor shall timely inform an appropriate State official, In writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (111) designation of said records, as exempt under Section 87 of the Public Officers Law, is reasonable. e. Nothing contained herein shall diminish, or in any way adversely affect, the State's rights in connection with its audit and investigatory authority or the State's rights In connection with discovery in any pending or future litigation. 2. Cost Allocation: a For non-performance based contracts, the proper allocation of the Contractor's costs must be made according to a cost allocation plan that meets the requirements of 2 CFR Part 200. Methods used to determine and assign costs shall conform to generally accepted accounting practices and shall be consistent with the melhod(s) used by the Contractor to determine costs for other operations or programs. Such accounting standards and practices shall be subject to approval of the State. b. For performance based milestone contracts, or for the portion of the contract amount paid on a performance basis, the Contractor shall maintain documentation demonstrating that milestones were attained. 3. Federal Funds: For records and audit provisions governing Federal funds, please see Section V (FEDERALLY FUNDED GRANT REQUIREMENTS) of this Appendix A-1, F. Confidentiality: The Contractor agrees that it shall use and maintain information relating to individuals who may receive services, and their families pursuant to the Contract, or any other information, data or records deemed confidential by the State (Confidential information) only for the limited purposes of the Contract and in conformity with applicable provisions of State and Federal law. The Contractor (I) has an affirmative obligation to safeguard any such Confidential Information from unnecessary or unauthorized disclosure and (ii) must comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law Section 899-aa; State Technology Law Section 208). G. Publicity: 1. Publicity includes, but is not limited to: news conferences; news releases; public announcements; advertising; brochures; reports; discussions or presentations at conferences or meetings; and/or the inclusion of State materials, the State's name or other such references to the State in any document or forum. Publicity regarding this project may not be released without prior written approval from the State. 2. Any publications, presentations or announcements of conferences, meetings or trainings which are funded In whole or in part through any activity supported under the Contract may not be published, presented or announced without prior approval of the State. Any such publication, presentation or announcement shall: a. Acknowledge the support of the State of New York and, If funded with Federal funds, the applicable Federal funding agency; and b. State that the opinions, results, findings and/or interpretations of data contained therein are the responsibility of the Contractor and do not necessarily represent the opinions, interpretations or policy of the State or if funded with Federal funds, the applicable Federal funding agency. 3. Notwithstanding the above, (1) if the Contractor is an educational research institution, the Contractor may, for https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward jsp 1/4/2019 Award Contract Page 18 of 41 scholarly or academic purposes, use, present, discuss, report or publish any material, data or analyses, other than Confidential Information, that derives from activity under the Master Contract and the Contractor agrees to use best efforts to provide copies of any manuscripts arising from Contractor's performance under this Master Contract, ar if requested by the Slate, the Contractor shall provide the State with a thirty (30) day period in which to review each manuscript for compliance with Confidential Information requirements; or (ii) if the Contractor is not an educational research institution, the Contractor may submit for publication, scholarly or academic publications that derive from activity under the Master Contract (but are not deliverable under the Master Contract), provided that the Contractor first submits such manuscripts to the State forty-five (45) calendar days prior to submission for consideration by a publisher In order for the State to review the manuscript for compliance with confidentiality requirements and restrictions and to make such other comments as the State deems appropriate. All derivative publications shall follow the same acknowledgments and disclaimer as described in Section IV(G)(2) (Publicity) hereof, H. Web -Based Applications -Accessibility: Any web -based Intranet and Internet information and applications development, or programming delivered pursuant to the Contract or procurement shall comply with New York State Enterprise IT Policy NYS-P08-405, Accessibility Web -Based Information and Applications, and New York State Enterprise IT Standard NYS-S08-005, Accessibility of Web -Based Information Applications, as such policy or standard may be amended, modified or superseded, which requires that State Agency web -based Intranet and Internet information and applications are accessible to person with disabilities. Web content must conform to New York State Enterprise IT Standards NYS-SOB-005, as determined by quality assurance testing. Such quality assurance testing shall be conducted by DHSES and the results of such testing must be satisfactory to DHSES before web content shall be considered a qualified deliverable under the Contract or procurement. I. Non -Discrimination Requirements: Pursuant to Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and f=ederal statutory and constitutional nondiscrimination provisions, the Contractor and sub -contractors will not discriminate against any employee or applicant for employment because of race. creed (religion), color, sex (including gender Identity or expression), national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that the Contract shall be performed within the State of New York, the Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, ar national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under the Contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, In accordance with Section 239 thereof, the Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform, the work; or (b) discriminate against or intimidate any employee hired for the performance of work under the Contract. The Contractor shall be subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 of the Labor Law. J. Equal Opportunities for Minorities and Women; Minority and Women Owned Business Enterprises: In accordance with Section 312 of the Executive Law and 5 NYCRR 143, if the Contract is: (1) a written agreement or purchase order instrument, providing for a total expenditure In excess of $25,000.00, whereby a contracting State Agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting State Agency; or (11) a written agreement In excess of $100,000.00 whereby a contracting State Agency Is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair ar renovation of real properly and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then the Contractor certifies and affirms that (1) it is subject to Article 15- A of the Executive Law which includes, but is not limited to, those provisions concerning the maximizing of opportunities for the participation of minority and women -awned business enterprises and (ii) the following provisions shall apply and it is Contractor's equal employment opportunity policy that: 1. The Contractor shall not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status; hops://grants.dhses.ny.gov/NYOHS_GMS/Projecl/ReportContractAward.jsp 1/4/2019 Award Contract Page 19 of 41 2. The Contractor shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on Stale contracts; 3. The Contractor shall undertake or continua existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation; 4. At the request of the State, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative shall not discriminate on the basis of race, creed, color, national origin sex, age, disability or marital status and that such union or representative shall affirmatively cooperate in the implementation of the Contractor's obligations herein; and 5. The Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract. all qualified applicants shall be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. The Contractor shall include the provisions of subclauses 1-- 5 of this Section (IV)(J), in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (Work) except where the Work is for the beneficial use of the Contractor. Section 312 of the Executive Law does not apply to: (9 work, goods or services unrelated to the Contract; or (ii) employment outside New York State. The Slate shall consider compliance by the Contractor or a subcontractor with the requirements of any Federal law concerning equal employment opportunity which effectuates the purpose of this section. The State shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such Federal law and if such duplication or conflict exists, the State shall waive the applicability of Section 312 of the Executive Law to the extent of such duplication or conflict. The Contractor shall comply with all duly promulgated and lawful rules and regulations of the Department of Economic Development's Division of Minority and Women's Business Development pertaining hereto. K. Omnibus Procurement Act of 1992: It is the policy of New York State to maximize opportunities for the participation of New York Slate business enterprises, including minority and women -owned business enterprises, as bidders, subcontractors and suppliers on its procurement contracts. 1. If the total dollar amount of the Contract is greater than $1 million, the Omnibus Procurement Act of 1992 requires that by signing the Contract, the Contractor certifies the following: a. The Contractor has made reasonable efforts to encourage the participation of State business enterprises as suppliers and subcontractors, including certified minority and women -owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; b. The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92-261), as amended; c. The Contractor agrees to make reasonable efforts to provide notification to State residents of employment opportunities on this project through fisting any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the Stale upon request and d. The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of the Contract and agrees to cooperate with the State in these efforts. L. Workers' Compensation Benefits: 1. In accordance with Section 142 of the State Finance Law, the Contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of the Contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. https://grants.dhses.ny.govfNYOHS_ GMS/ProjectlReportContractAward jsp 1 /4/20I 9 Award Contract Page 20 of 41 2. If a Contractor believes they are exempt from the Workers Compensation insurance requirement they must apply for an exemption. M. Unemployment insurance Compliance: The Contractor shall remain current in both its quarterly reporting and payment of contributions or payments in lieu of contributions, as applicable, to the Stale Unemployment Insurance system as a condition of maintaining this grant. The Contractor hereby authorizes the State Department of Labor to disclose to DHSES staff only such information as is necessary to determine the Contractor's compliance with the Stale Unemployment Insurance Law. This includes, but is not limited to, the following: 1. any records of unemployment Insurance (U1) contributions, Interest, and/or penalty payment arrears or reporting delinquency; 2. arty debts owed for UI contributions, interest, and/or penalties; 3. the history and results of any audit or investigation; and 4. copies of wage reporting information, Such disclosures are protected under Section 537 of the State Labor Law, which makes it a misdemeanor for the recipient of such information to use or disclose the Information for any purpose other than the performing due diligence as a part of the approval process for the Contract. N. Vendor Responsibility: 1. If a Contractor is required to complete a Questionnaire, the Contractor covenants and represents that it has, to the best of its knowledge, truthfully, accurately and thoroughly completed such Questionnaire. Although electronic filing is preferred, the Contractor may obtain a paper farm from the OSC prior to execution of the Contract. The Contractor further covenants and represents that as of the date of execution of the Contract, there are no material events. omissions, changes or corrections to such document requiring an amendment to the Questionnaire. 2. The Contractor shall provide to the State updates to the Questionnaire if any material event(s) occurs requiring an amendment or as new information material to such Questionnaire becomes available. 3. The Contractor shall, in addition, promptly report to the State the initiation of any investigation or audit by a governmental entity with enforcement authority with respect to any alleged violation of Federal or state law by the Contractor. its employees, its officers and/or directors In connection with matters involving, relating to or arising out of the Contractor's business. Such report shall be made within five (5) business days following the Contractor becoming aware of such event, investigation, or audit. Such report may be considered by the State in making a Determination of Vendor Non -Responsibility pursuant to this section.. 4. The State reserves the right, in its sole discretion, at any time during the term of the Contract: a. to require updates or clarifications to the Questionnaire upon written request; b. to Inquire about information included in or required information omitted from the Questionnaire; c. to require the Contractor to provide such information to the State within a reasonable timeframe; and d. to require as a condition precedent to entering into the Contract that the Contractor agree to such additional conditions as shall be necessary to satisfy the State that the Contractor is, and shall remain, a responsible vendor; and e. to require the Contractor to present evidence of its continuing legal authority to do business In New York State, integrity, experience. ability, prior performance, and organizational and financial capacity. By signing the Contract, the Contractor agrees to comply with any such additional conditions that have been made a part of the Contract. https://grants.dhses.ny.gov/NYQHS_GMS/Project/RcportContractAward jsp 1/412019 Award Contract Page 21 of 4I 5. The Slate, in its sole discretion, reserves the right to suspend any ar all activities under the Contract, at any time, when It discovers information that calls Into question the responsibility of the Contractor_ In the event of such suspension, the Contractor shall be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Contractor must comply with the terms of the suspension order. Contract activity may resume at such time as the Slate issues a written notice authorizing a resumption of performance under the Contract. 6, The State, in Its sole discretion, reserves the right to make a final Determination of Non -Responsibility at any time during the term of the Contract based on: a, any Information provided in the Questionnaire and/or in any updates, clarifications or amendments thereof, or b, the Slate's discovery of any material information which pertains to the Contractor's responsibility. 7. Prior to making a final Determination of Non -Responsibility, the State shall provide written notice to the Contractor that it has made a preliminary determination of non- responsibility. The State shall detail the reason(s) for the preliminary determination, and shall provide the Contractor with an opportunity to be heard. 0. Charities Registration: If applicable, the Contractor agrees to (1) obtain not -for-profit status, aFederal identification number, and a charitable registration number (or a declaration of exemption) and to furnish DHSES with this Information as soon as It is available, (ii) be in compliance with the OAG charities registration requirements at the time of the awarding of this Contract by the State and (iii) remain in compliance with the OAG charities registration requirements throughout the term of the Contract. P. Consultant Disclosure Law:a If this is a contract for consulting services, defined for purposes of this requirement to include analysis, evaluation, research, training, data processing, computer programming, engineering, environmental, health, and mental heatth services, accounting, auditing, paralegal, legal, or similar services, then in accordance with Section 163 (4-g) of the State Finance Law (as amended by Chapter 10 of the taws of 2005), the Contractor shall timely, accurately and properly comply with the requirement to submit an annual employment report for the contract to the agency that awarded the contract, the Department of Civil Service and the Slate Comptroller. Q. Wage and Hours Provisions: if this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated In said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. Additionally, effective April 28, 2008, If this Is a public work contract covered by Article 8 of the Labor Law, the Contractor understands and agrees that the tiling of payrolls in a manner consistent with Subdivision 3a of Section 220 of the Labor Law shall be condition precedent to payment by the State of any State approved sums due and owing for work done upon the project. R. Participation By Minority Group Members And Women With Respect To Grant Contracts: Requirements And Procedures (state -funded grants only) 1. General Provisions a. The Division of Homeland Security and Emergency Services (DHSES) is required to implement the provisions of New York State Executive Law Article 15-A and 5 NYCRR Parts 142-144 ('MW0E Regulations') for all State contracts as defined therein, with a value (1) in excess of $25,000 for labor, services, equipment, materials, or any combination of the foregoing ar (2) in excess of $100,000 for real property renovations and construction. b. The Contractor to the subject contract (the 'Contractor' and the 'Contract', respectively) agrees, in addition to any other nondiscrimination provision of the Contract and at no additional cost to the DHSES, to fully comply and cooperate with the DHSES In the implementation of New York State Executive Law Article 15-A. These https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward jsp 1/4/2019 Award Contract Page 22 of 4I requirements include equal employment opportunities for minority group members and women ('EEO') and contracting opportunities for certified minority and women -owned business enterprises ('MWBEs'). Contractor's demonstration of 'good faith efforts' pursuant to 5 NYCRR §142.8 shall be a part of these requirements. These provisions shall be deemed supplementary to, and not In Ileu of, the nondiscrimination provisions required by New York Stale Executive Law Article 15 (the 'Human Rights Law') or other applicable federal, state or local laws. c. Failure to comply with all of the requirements herein may result in a finding of non -responsiveness, non - responsibility and/or a breach of contract, leading to the withholding of funds or such other actions, liquidated damages pursuant to Section VII of thls Appendix or enforcement proceedings as allowed by the Contract. 2. Contract Goals a. For purposes of this contract, DHSES has established overall goals for Minority and Women -Owned Business Enterprises ('MWBE') participation which are specified in the contract work plan. b. For purposes of providing meaningful participation by MWBEs on the Contract and achieving the Contract Goals established in the contract work plan hereof, Contractor should reference the directory of New York State Certified MBWEs found at the following Internet address: https://ny.newnycontracts.com/FrontEndNendorSearchPublic.asp. Additionally, Contractor is encouraged to contact the Division of Minority and Woman Business Development (518) 292-5250; (212) 803.2414; or (716) 846-8200) to discuss additional methods of maximizing participation by MWBEs on the Contract. c. Where MWBE goals have been established herein, pursuant to 5 NYCRR §142.8, Contractor must document 'good faith efforts' to provide meaningful participation by MWBEs as subcontractors or suppliers in the performance of the Contract. In accordance with Section 316-a of Article 15-A and 5 NYCRR §142.13, the Contractor acknowledges that if Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract. such a finding constitutes a breach of contract and the Contractor shall be liable to the DHSES for liquidated ar other appropriate damages, as set forth herein. 3, Equal Employment Opportunity (EEO) a Contractor agrees to be bound by the provisions of Article 15-A and the MWBE Regulations promulgated by the Division of Minority and Women's Business Development of the Department of Economic Development (the 'Division'). if any of these terms or provisions conflict with applicable law or regulations, such laws and regulations shall supersede these requirements. b. Contractor shall comply with the following provisions of Article 15-A: i. Contractor and Subcontractors shall undertake or continue existing EEO programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of rase, creed, color, national origin, sex, age, disability or marital status. For these purposes, EEO shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation. Il. The Contractor shall maintain an EEO policy statement and submit it to the DHSES if requested. lit. If Contractor ar Subcontractor does not have an existing EEO policy statement, Section 4 below may be used to develop one. iv. The Contractor's EEO policy statement shall include the following, or similar, language: a) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, age. disability or marital status, will undertake or continue existing EEO programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force. b) The Contractor shall state in all solicitations or advertisements for employees that, in the performance of the contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. c) The Contractor shall request each employment agency, labor union, or authorized nspresentattve of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward jsp 1/4/2019 Award Contract Page 23 of 41 such employment agency, labor union, or representative will not discriminate on the basis of race, creed, color, national origin, sex age, disability or marital status and that such union or representative will affirmatively cooperate in the Implementation of the Contractor's obligations herein. d) The Contractor will Include the provisions of Subdivisions (a) through (c) of this Subsection (iv) and Paragraph 'e' of this Section 3, which provides for relevant provisions of the Human Rights Law, in every subcontract in such a manner that the requirements of the subdivisions will be binding upon each subcontractor as to work in connection with the Contract. c. Staffing Plan To ensure compliance with this Section, the Contractor shall submit a staffing plan to document the composition of the proposed workforce to be utilized in the performance of the Contract by the specified categories listed, including ethnic background, gender, and Federal occupational categories. Contractors shall complete the Local Assistance MWBE Equal Employment Opportunity Staffing Plan foam and submit it as part of their bid or proposal or within a reasonable time, but no later than the time of award of the contract d. Workforce Employment Utilization Report I. Once a contract has been awarded and during the term of Contract, Contractor is responsible for updating and providing notice to the DHSES of any changes to the previously submitted Local Assistance MWBE Equal Employment Opportunity Staffing Plan. This information is to be submitted annually or as otherwise required by the DHSES during the term of the contract, for the purpose of reporting the actual workforce utilized in the performance of the contract by the specified categories listed including ethnic background, gender, and Federal occupational categories. The Local Assistance MWBE Workforce Employment Utilization Report form must be used to report this information. ii. Separate forms shall be completed by Contractor and any Subcontractor performing work on the Contract. ill. in limited instances, Contractor may not be able to separate out the workforce utilized in the performance of the Contract from Contractor's and/or subcontractor's total workforce. When a separation can be made, Contractor shall submit the Local Assistance MWBE Workforce Employment Utilization Report and indicate that the Information provided relates to the actual workforce utilized on the Contract. When the workforce to be utilized on the contract cannot be separated out from Contractor's and/or subcontractor's total workforce, Contractor shall submit the Local Assistance MWBE Workforce Employment Utilization Report and indicate that the information provided is Contractor's total workforce during the subject time frame, not limited to work specifically under the contract. e. Contractor shall comply with the provisions of the Human Rights Law. all other State and Federal statutory and constitutional non-discrimination provisions. Contractor and subcontractors shall not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest. 4. MWBE Utilization Plan a. The Contractor represents and warrants that Contractor has submitted a Local Assistance MWBE Subcontractor/Supplier Utilization Proposal Form either prior to, or at the lime of, the execution of the contract. b. Contractor agrees to use such Local Assistance MWSE Subcontractor/Supplier Utilization Proposal Form for the performance of MWBEs on the Contract pursuant to the prescribed MWBE goals set forth in the contract workplan. c. Contractor further agrees that a failure to submit and/or use such Local Assistance MWBE Subcontractor/Supplier Utilization Proposal Form shall constitute a material breach of the terms of the Contract. Upon the occurrence of such a material breach, DHSES shall be entitled to any remedy provided herein, including but not limited lo, a finding of Contractor non -responsiveness. 5. Waivers If the DHSES, upon review of the Local Assistance MWBE Subcontractor/Supplier Utilization Proposal Plan, the Detailed Itemization Forrns or the Local Assistance MWBE Workforce Employment Utilization Report determines that a Contractor is failing or refusing to comply with the Contract goals and no waiver has been issued in https.//grants.dhses.ny.govtNYOHS_GMS/Project/ReportContractAward.jsp 1/4/2019 Award Contract Page 24 of 41 regards to such non-compliance, the DHSES may issue a notice of deficiency to the Contractor. The Contractor must respond to the notice of deficiency within seven (7) business days of receipt. Such response may include a request for partial or total waiver of MWBE Contract Goals. 6. MWBE Subcontractor Utilization Quarterly Report Contractor is required to report MWBE Subcontractor utilization, as part of the quarterly claim process, to the DHSES by the last day of the month following the end of each calendar quarter over the term of the Contract documenting the progress made towards achievement of the MWBE goals of the Contract. 7. Liquidated Damages - MWBE Participation a. Where DHSES determines that Contractor is not in compliance with the requirements of the Contract and Contractor refuses to comply with such requirements, or if Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals, such finding constitutes a breach of Contract and DHSES may withhold payment from the Contractor as liquidated damages and/or provide for other appropriate remedies. b. Such liquidated damages shall be calculated as an amount equaling the difference between: 1) All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and 2) All sums actually paid to MWBEs for work performed or materials supplied under the Contract. c. In the event a determination has been made which requires the payment of liquidated damages and such identified sums have not been withheld by the DHSES, Contractor shall pay such liquidated damages to the DHSES within sixty (60) days alter they are assessed by the DHSES unless prior to the expiration of such sixtieth day, the Contractor has filed a complaint with the Director of the Division of Minority and Woman Business Development pursuant to Subdivision 8 of Section 313 of the Executive Law in which event the liquidated damages shall be payable if Director renders a decision in favor of the DHSES. 8. MNVBE AND EEO Policy Statement a. The Contractor agrees to adopt the following policies or similar policies with respect to the project being developed or services rendered in this contract with the Division of Homeland Security and Emergency Services; MNVBE This organization will and will cause Its contractors and subcontractors to take good faith actions to achieve the MNVBE contract participations goals set by the State for that area in which the Stale -funded project is located, by taking the following steps: (1) Actively and affirmatively solicit bids for contracts and subcontracts from qualified State certified MBEs or WBEs, including solicitations to MWWBE contractor associations. (2) Request a list of State certified MNVBEs from AGENCY and solicit bids from them directly. (3) Ensure that plans, specifications, request for proposals and other documents used to secure bids will be made available In sufficient time for review by prospective MIWSEs. (4) Where feasible, divide the work into smaller portions to enhanced participations by M!WB€s and encourage the formation of joint venture and other partnerships among MNVBE contractors to enhance their participation. (5) Document and maintain records of bid solicitation, including those to MMIBEs and the results thereof. Contractor will also maintain records of actions that its subcontractors have taken toward meeting M/WBE contract participation goals. (6) Ensure that progress payments to MIWBEs are made on a timely basis so that undue financial hardship Is avoided, and that bonding and other credit requirements are waived or appropriate alternatives developed to encourage MNVBE participation. https://grants.dh5es,ny.govtNYOHS_GMS/Project/RcportContractAward.jsp 1/4/2019 Award Contract Page 25 of 41 EEO (a) This organization will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, age, disability or marital status, will undertake or continue existing programs of affirmative action to ensure that minority group members are afforded equal employment opportunities without discrimination, and shall make and document its conscientious and active efforts lo employ and utilize minority group members and women in its work force on state contracts. (b)This organization shall state in all solicitation or advertisements for employees that in the performance of the State contract 211 qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex disability or marital status. (c) At the request of the contracting agency, this organization shall request each employment agency, labor union, or authorized representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of this organization's obligations herein. (d) Contractor shall comply with the provisions of the Human Rights Law, all other Slate and Federal statutory and constitutional non-discrimination provisions. Contractor and subcontractors shall not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest, (e) This organization will include the provisions of sections (a) through (d) of this agreement in every subcontract In such a manner that the requirements of the subdivisions will be binding upon each subcontractor as to work in connection with the State contract, Contractor agrees to comply with all MWBE and EEO contract goals reflected on the MWBE Utilization Plan and Staffing Plan respectively, that have been submitted with the application for this contract. S. Additional Terms 1, The Contractor agrees that if the project is not operational within 60 days of the execution date of the Contract, it will report by letter to DHSES the steps taken to initiate the project, the reasons for delay, and the expected starting date. If the project is not operational within 90 days of the execution date of the Contract, the Contractor will submit a second statement to DHSES explaining the delay. DHSES may either cancel the project and redistribute the funds or extend the implementation date of the project beyond the 90 -day period when warranted by extenuating circumstances. 2. The Contractor shall at all times during the Contract term remain responsible. The Contractor agrees, if requested by the Commissioner of DHSES, or his or her designee, to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability prior performance, and financial capacity. a. The DHSES Commissioner, or his or her designee, In his or her sole discretion, reserves the right to suspend any or all activities under this Contract, at any time, when DHSES discovers information that calls into question the responsibility of the Contractor. In the event of such suspension, the Contractor will be given written notice outlining the particulars of such suspension. Upon issuance of the notice, the Contractor must comply with the terms of the suspension order. Contract activity may resume at such time as the Commissioner of DHSES, or his or her designee, issues a written notice authorizing a resumption of performance under the Contract. b. Upon written notice to the Contractor, and a reasonable opportunity to be heard with the appropriate DHSES officials or staff, the Contract may be terminated by the DHSES Commissioner, or his or her designee at the Contractor's expense where the Contractor is determined by the DHSES Commissioner, or his or her designee, to be non -responsible. In such event, the Commissioner, or his or her designee, may complete the contractual requirements in any manner he or she may deem advisable and pursue available legal or equitable remedies for breach. https://grunts.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward jsp ]/4/2019 Award Contract Page 26 of 41 3. DHSES shall make payments and any reconciliation in accordance with the Payment and Reporting Schedule (Appendix C). DHSES shall pay the Contractor for completed, approved projects, a sum not to exceed the amount noted on the Face Page hereof. The Contractor must not request payments or reimbursements that duplicate funding or reimbursement from any other source for Contractor costs and services pursuant to this Contract. 4. The Contractor shall submit detailed itemization forms or a form deemed acceptable to DHSES for personal service, fringe benefit and non -personal service expenditures with any voucher and fiscal cost report requesting reimbursement. Grant -related expenditures shall be reported on Fiscal Cost Reports approved by DHSES. For Federally -funded awards, the detailed Itemization forms shall include the required certifications pursuant to 2 CFR §200.415. These reports must be prepared periodically and as defined in Appendix C of this Contract. All reported expenditures must reconcile to the program accounting records and the approved budget. Prior period adjustments shall be reported in the same accounting period that the correction is made. 5. The Contractor's request for travel, meals or lodging reimbursement shall be in accordance with Appendix B, Budget, and, unless written authorization has been received from DHSES, shall not exceed rates authorized by the NYS Office Of State Comptroller (Audit and Control). Rates may be viewed online at: hftp://livww.oscstate.ny.us/agericieseravel/travelhtm. 6. The Contractor's employment of a consultant must be supported by a written Contract executed by the Contractor and the consultant. A consultant is defined as an individual or organization hired by the Contractor for the stated purpose of accomplishing a specific task relative to the funded project. All consultant services must be obtained in a manner that provides for fair and open competition. The Contractor shall retain copies of alt solicitations seeking a consultant. written Contracts and documentation justifying the cost and selection of the consultant, and make them available to DHSES upon request. The Contractor further agrees that it shall assume sole and complete responsibility for fulfilling all the obligations set forth in the Contract and the Contractor must guarantee the work of the consultant as if it were its own. Failure to follow these guidelines may result in a disallowance of costs. 7. Additionally, Contractor must adhere to the following guidelines at a minimum when snaking all procurements, including consultant services, Failure to follow these guidelines may result in a disallowance of costs. a. A Contractor who proposes to purchase goods or services from a particular vendor without competitive bidding must obtain the prior written approval of DHSES. The request for approval must be in writing and set forth, at a minimum, a detailed justification for selection and the basis upon which the price was determined to be reasonable. Further, such procurement must be in accordance with the guidelines, bulletins and regulations of the Office of the State Comptroller, State Procurement Council, and the U.S. Department of Homeland Security. A copy of DHSES" approval must also be submitted with the voucher for payment b. The rate for consultant services, and cost of equipment or goods. shall be reasonable and consistent with the amount paid for similar services or goods and equipment in the marketplace. Time and effort reports are required for consultants. c. t/Vritten justification and documentation for all procurements must be maintained on file, and made available to DHSES upon request. All procurements must be made in a fair and open manner and in accordance with the pre -determined methodology established for evaluating bids (e.g., lowest responsible bidder or best value). d, A Contractor that Is a State entity must make all procurements in accordance with State Finance Law Article 11 and any other applicable regulations, e. A Contractor that is a local government must make all procurements in accordance with General Municipal Law Article 5-A, and any other applicable regulations. f. A Contractor that Is a not -for-profit and all other entitles that do not meet the descriptions in Section llt(S)(7)(d) or (e) herein must make all procurements as noted below: I. If the Contractor is eligible to purchase an item or service from a government contract or is able to purchase such item or service elsewhere at a lower than or equal price, then such purchase may be made immediately. https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward.jsp 1/4/2019 Award Contract Page 27 of 41 ii. A Contractor may purchase any single piece of equipment, single service or multiples of each that cost up to $999 at its discretion. iii. Before purchasing any piece of equipment, service or multiples of each that have an aggregate cost between $1,000 and $4,999, a Contractor must secure at least three telephone quotes and create a record for audit of such quotes. iv, Before purchasing any piece of equipment, service or multiples of each that have an aggregate cost of between $5,000 and $9,999, the Contractor must secure at least three written quotes on a vendor's stationery and maintain a record of the competitive procurement process for audit purposes. v. A Contractor spending in aggregate of $10,000 and above must use a competitive bidding process. Guidance may be obtained from DHSES. At a minimum, the competitive bidding process must incorporate the following: open, fair advertisement of the opportunity to provide services; equal provision of information to all interested parties; reasonable deadlines; sealed bids opened at one time before a committee who will certify the process; establishment of the methodology for evaluating bids before the bids are opened; and maintenance of a record of competitive procurement process. g. Acceptance of State support for interoperable and emergency communications projects, including funding through the Interoperable Emergency Communication Grant Program, requires that Contractors must use open- standard/vendor-neutral technologies to allow for other public safety/public service agencies (including State agencies and authorities) and jurisdictions in your region to operate an your radio system(s) when required, regardless of the total percentage of system funding from the State. This access for other agencies must be permitted to support operational and Interpperabte goats, and without restriction as to specific manufacturers' subscriber equipment. All reasonably compatible subscriber equipment must be permitted to be operated on your system by outside agencies, thus allowing coordinated efforts between local and state public safety/public service agencies and maximizing resources and capabilities. h. DHSES reserves the right to suspend program funds if the Contractor is found to be in noncompliance with the provisions of this Contract or other grant Contracts between the Contractor and DHSES or, if the Contractor or principals of the Contractor are under Investigation by a New York State or local law enforcement agency for noncompliance with State or federal laws or regulatory provisions or, if in DHSES' judgment, the services provided by the Contractor under the Contract are unsatisfactory or untimely. 1. DHSES shall provide the Contractor with written notice of noncompliance. ii. Upon the Contractor's failure to correct or comply with the written notice by DHSES, DHSES reserves the right to terminate this Contract, recoup funds and recover any assets purchased with the proceeds of this Contract_ 1. DHSES reserves the right to use approved grant related expenditures to offset disallowed expenditures from any grant funded through its offices upon appropriate notification to the Contractor, or upon reasonable assurance that the Contractor is not in compliance with these terms. j. As a result of the Iran Divestment Act of 2012 (Act), Chapter 1 of the 2012 Laws of New York, a new provision has been added to the State Finance Law (SFL), § 155-a. effective April 12, 2012. Under the Act, the Commissioner of the Office of General Services (OGS) will be developing a list (prohibited entities list) of 'persons' who are engaged in 'investment activities in Iran' (both are defined terms in the law). Pursuant to SFL § 165-a(3)(b), the initial list is expected to be issued no later than 120 days after the Act's effective date, at which time it will be posted on the OGS website. i. By entering into this Contract, Contractor (or any assignee) certifies in accordance with State Finance Law §165-a that it Is not on the 'Entities Determined to be Non -Responsive Bidders/Offerers pursuant to the New York State Iran Divestment Act of 2012' ('Prohibited Entitles List') posted at http://www.ogs.ny.gov/about/regs/docs/ListofEntilies.pdf. ii. Contractor further certifies that it will not utilize on this Contract any subcontractor that is identified on the Prohibited Entities List. Contractor agrees that should it seek to renew or extend this Contract, it must provide the same certification at the time the Contract is renewed or extended. Contractor also agrees that any proposed Assignee of this Contract will be required to certify that it is not on the Prohibited Entities List before the contract https:/fgrants.dhses.ny.gov/NYOHS_ GMS/Project/ReportContractAward.jsp 1/4/2019 Award Contract Page 28 of4l assignment will be approved by the State. iii. During the term of the Contract, should DHSES receive information that a person (as defined in State Finance Law §165-a) is in violation of the above -referenced certifications, the state agency will review such information and offer the person an opportunity to respond. If the person falls to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then the state agency shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Contractor in default. iv. DHSES reserves the right to reject any bid, request for assignment, renewal or extension for an entity that appears on the Prohibited Entitles list prior to the award, assignment, renewal or extension of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the Prohibited Entities list after contract award. V. FEDERALLY FUNDED GRANT REQUIREMENTS A. Hatch Act. The Contractor agrees, as a material condition of the Contract, to comply with all applicable provisions of the Hatch Act (5 U.S.C. 1501 et seq.), as amended B. Requirement for System of Award Management: Unless you are exempted from this requirement under 2 CFR 25.110, you as the subreciplent must maintain the currency of your information in the System of Award Management (SAM) until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. Pursuant to section 2 CFR §200.210(a)(2), Contractors must maintain a current unique entity identifier prior to and during the life of the Contract. C. In accordance with 2 CFR §§200.112 and 200.113, Contractor understands and agrees that it must (1) disclose in writing any potential conflict of interest to DHSES; and (2) disclose, in a timely manner, in writing to DHSES all violations of federal and state criminal law involving fraud, bribery, or gratuity violations potentially affecting the grant award. Failure to make required disclosures can result in any remedy available to DHSES for Contractor's noncompliance, including suspension or debarment. D. The Contractor must ensure that, for all contracts entered into by the Contractor, the contract provisions required by 2 CFR §200.326 (and Appendix Ii to 2 CFR Part 200) are included in such contracts. The Contractor further agrees to impose and enforce this requirement for any Contractor subaward agreements. E. Where advance payments are approved by DHSES, the Contractor agrees to expend the advance payments in accordance with the purposes set forth In Appendix D and consistent with Appendix B. The advanced funds must be placed in an interest -bearing account and are subject to the rules outlined in 2 CFR Part 200, (Uniform Administrative Requirements for Grants and Cooperative Contracts to State and Local Governments) which require Contractors to promptly remit back to the federal government, through New York State Division of Homeland Security and Emergency Services, any interest earned on these advanced funds. The Contractor may keep interest earned up to $500 per federal fiscal year for administrative expenses. This maximum limit is not per award; it is inclusive of ail interest earned as the result of all federal grant program funds received per year. Interest must be reported on Fiscal Cost Reports and remitted to DHSES quarterly. F. Audit Requirements, This Contract, and any sub -awards resulting from this Contract, may be subject to fiscal and program audits by DHSES, NYS Office of Stale Comptroller, pertinent federal agencies, and other designated entities to ascertain financial compliance with federal and/or State laws, regulations, and guidelines applicable to this Contract. The Contractor shall meet all audit requirements of the federal government and State of New York. Such audits may include review of the Contractor's accounting, financial, and reporting practices to determine compliance with the Contract and reporting requirements; maintenance of accurate and reliable original accounting records in accordance with governmental accounting standards as well as generally accepted accounting principles; and specific compliance with allowable cost and expenditure documentation standards prescribed by applicable federal, Stale, and DHSES guidelines. G. Equipment Markings. The Contractor further agrees that, when practicable, any equipment purchased with https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward jsp 1/4/2019 Award Contract Page 29 of 41 grant funding shall be prominently marked as follows: 'Purchased with funds provided by the U.S. Department of Homeland Security.' l-. Administrative, Cost and Audit Requirements: The Contractor must comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit requirements. Failure to do so may result in disallowance of costs upon audit, A list of regulations and guidance applicable to United States Department of Homeland Security (DES) grants are listed below: 1. General Administrative Requirements: a. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 2. Cost Principles: a. 2 CFR Part 200, Subpart E 3. Audit Requirements: a. 2 CFR Part 200, Subpart F I. Contracting with small and minority firms, women's business enterprise and labor surplus area firms. 1. Consistent with 2 CFR §200.321, the grantee and any subgrantees will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible. 2. Affirmative steps must Include: a. Placing qualified small and minority businesses and woman's business enterprises on solicitation Nets; b. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; c. Dividing total requirements, when economically feasible, Into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; e. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and f. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed In subsections (2)(a) through (e) of this section. J. Compliance with Laws, Regulations and Program Guidance. The Contractor shall ensure it is aware of and complies with all applicable laws, regulations and program guidance. It is the responsibility of the Contractor to become familiar with and comply with all terms and conditions associated with acceptance of funds. K. Adequate Documentation: The Contractor must ensure full compliance with all cost documentation requirements, including specific personal service documentation, as applicable directly to the Contractor, sub - recipient or collaborative agency/organization. The Contractor must maintain specific documentation as support for project related personal service expenditures as this Contract is supported by federal funds. Depending upon the nature or extent of personal service provided under this Contract, the Contractor shall maintain semi-annual (or more frequent) personal service certifications and/or an after -the -fact personnel activity reporting system (or equivalent) which cornptles with all applicable laws, regulations and program guidance. Failure to do so may result in disallowance of costs. L. Single Audit Requirements: For audits of fiscal years beginning on or after December 25, 2014, recipients that expend $750,000 or more from all federal funding sources during their fiscal year are required to submit an organization -wide financial and compliance audit report. The audit must be performed in accordance with the requirements of GAO's Government Auditing Standards, located at hopsllwww.gao.govlgovaudlybkOl.htm, and the requirements of Subpart F of 2 C.F.H. Part 200, located al http:llwww ecfx.gov/cgi-binitext-idx? SID=63 t311 dc3410c008e2f8e2dc325cdc09e& mc=true&node=sp2.1.200. f&rg n=div6 . hops://grants.dhses.ny.gov/NYOHS_GMSfProject/ReportContractAward.jsp 1/4/2019 Award Contract Page 30 of 41 For audits of fiscal years beginning prior to December 26, 2014, recipients that expend $500,000 ar more from all federal funding sources during their fiscal year are required to submit an organization -wide financial and compliance audit report. The audit must be performed in accordance with GAO's Government Auditing Standards, located at http:/iwww.gao.gov/gavaudlybk0l.htm, and OMB Circular A-133, Audits of States, Local Govemments, and Non -Profit Organizations, located at https://www.whItehouse,gov/sites/default/filesfomblassets/a133/a133_revised 2007.pdf. The final report for such audit must be completed within nine months of the end of the Contractor's fiscal year. The Contractor must provide orie copy of such audit report to DHSES within none (9) months of the and of its fiscal year, or communicate in writing to DHSES that Contractor is exempt from such requirement. M. Program income: Program Income earned by the Contractor during the grant funding Period must be reported in writing to DHSES, in addition to any other statutory reporting requirements. Program income consists of Income earned by the grant recipient that is directly generated by a supported activity or earned as a result of the grant program. Program income includes, but is not limited to, Income from fees for services performed, the use of rental ar real or personal property acquired under federally -funded projects, the sale of commodities or items fabricated under an award, license fees and royalties on patents and copyrights and interest on loans made with federal award funds. For example, if the purpose of a grant is to conduct conferences, any training fees that are generated would be considered program income. Interest earned on grant funds is not considered program income unless specified in Appendix D. The Contractor agrees to report the receipt and expenditures of grant program income to DHSES. Program income (not to Include interest earned), generated by the use of these grant funds will be used to enhance the grant project. N. Intellectual Property. Any creative or literary work developed or commissioned by the Contractor with grant support provided by DHSES shalt become the property of DHSES, entitling DHSES to assert a copyright therein, unless the parties have expressly agreed otherwise in a written instrument signed by therm, 1. If DHSES shares its right to copyright such work with the Contractor, DHSES reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use: (a) the copyright in any work developed under a grant, sub -grant, or contract under a grant or sub -grant; and (b) any rights of copyright to which a Contractor, sub -Contractor, or a contractor purchases ownership with grant support_ 2, If the grant support provided by DHSES is federally -sponsored, the federal awarding agency also reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use: (a) the copyright in any work developed under a grant, sub -grant or contract under a grant or sub - grant; and (b) any rights of copyright to which a Contractor, sub -Contractor, or a contractor purchases ownership with such grant support 3. The Contractor shall submit one copy of all reports and publications resulting from this Contract to DHSES within thirty (30) calendar days of completion. Any document generated pursuant to this grant must contain the following language: 'This project was supported by a grant administered by the New York State Division of Homeland Security and Emergency Services and the U.S. Department of Homeland Security. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the New York State Division of Homeland Security and Emergency Services or the U S Department of Homeland Security.' 0. Accounting for Grant Expenditures: 1. Grant funds may be expended only for purposes and activities set forth in this Contract. Accordingly, the most important single requirement of accounting for this grant is the complete: and accurate documentation of grant expenditures. If the Contractor receives funding from two or more sources, all necessary steps must be taken to ensure that grant -related transactions are not commingled. This includes, but is not limited to, the establishment of unique budget codes, a separate cost center, or a separate chart of accounts. Expenditures must be cross- reterenced to supporting source documents (purchase orders, contracts, real estate leases, Invoices, vouchers, tirnesheets, mileage logs, etc.). https:f/grants.dhses.ny.gov/NYOHS_ GMS/Projcct/ReportContractAward jsp 1 /4/2019 Award Contract Page 31 of 41 2. Contractor agrees that It shall maintain adequate internal controls and adhere to Generally Accepted Accounting Principles for Government or Generally Accepted Accounting Principles for Not -for -Profit Organizations. 3. None of the goals, objectives or tasks, as set forth in Appendix D, shall be sub -awarded to another organization without specific prior written approval by DHSES. Where the intention to make sub -awards is clearly indicated in the application, DHSES approval is deemed given, if these activities are funded, as proposed. 4. If this Contract makes provisions for the Contractor to sub -grant funds to other recipients, the Contractor agrees that all sub -Contractors shall be held accountable by the Contractor for all terms and conditions set forth in this Contract in its entirety. The Contractor further agrees that it shall assume sole and complete responsibility for fulfilling all the obligations set forth in the Contract and the Contractor must guarantee the work of any sub - Contractor as if It ware its own. 5. The Contractor agrees that all sub -Contractor arrangements shall be formalized in writing between the parties involved. The writing must, at a minimum, include the following information: • Activities to be performed; • Time schedule; • Project policies; • Other policies and procedures to be followed; • Dollar limitation of the Contract; • Appendix A-1, Appendix C, Certified Assurances for Federally Supported Projects, Certification Regarding Lobbying, Debarment and Suspension and any special conditions set forth in the Contract; • Applicable federal and/or State cost principles to be used in determining allowable costs; and • Property Records or Equipment Inventory Reports. P. The Contractor will not be reimbursed for sub -granted funds unless all expenditures by a sub -Contractor are listed on detailed itemization forms or a form deemed acceptable to DHSES. Backup documentation for such expenditures must be made available to DHSES upon request. All expenditures must be programmatically consistent with the goals and objectives of this Contract and with the Budget set forth In Appendix B O. Space rental provided by this Contract must be supported by a written lease, maintained on file and made available by the Contractor upon request, R. Equipment and Property: 1. Any equipment, furniture or supplies or other property purchased pursuant to this Contract is deemed to be the property of the State, except as may otherwise be govemed by federal or State laws, rules or regulations or stated in this Contract 2. Equipment means tangible, nonexpendable, personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. A Contractor may use its own definition of equipment provided that such definition would at least include all equipment defined above, A copy of the property record(s) or equipment inventory report(s) with relevant purchasing and supporting documentation must be made available to DHSES Upon request. Property records or equipment inventory reports must be maintained, by award, that include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date, and cost of the property, percentage of federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. The Contractor must document receipt of ail applicable equipment purchased with grant funds. A physical Inventory of the property must be taken and the results reconciled with the property records at least once every two (2) years. 3. Upon completion of all contractual requirements by the Contractor, DHSES will consider a request for continued use and possession of the equipment purchased with grant funds provided the equipment continues to be used in connection with a public security program. When disposing of equipment purchased with homeland security grant funding, a State agency must dispose of equipment In accordance with State Laws and procedures. All other Contractors shall dispose of equipment as follows: hops://grunts.dhses.ny.goviNYOHS_GMS(Project/ReportContractAward jsp 1/4/2019 Award Contract Page 32 of 41 a. Items of equipment with a current per unit market value of less than $5,000 may be retained, sold or otherwise disposed of with no further obligation to the awarding agency. b. Items of equipment with a current per unit fair market value of $5,000 or more may be retained or sold, If sold, the awarding agency shall have a right to an amount calculated by multiplying the proceeds from the sale by the awarding agency's share of the equipment. If retained, the current market value Is to be used in the calculation. To remit payments, award recipients should contact DHSES at 1-858-837-9133 for guidance. 4, Upon completion of all contractual requirements by the Contractor under this Contract, DHSES shall accept a request for continued use and possession of the equipment purchased with grant funds providing the equipment continues to be used in accordance with the contracted activities and guidelines in this Contract. 5. The Contractor must conduct a physical inventory of property records at least once every two years to verify the existence, current utilization and continued need for the property. In the event the property is no longer required by the Contractor, this fact should be reported to DHSES as soon as possible and appropriate guidelines followed, as specified in this Appendix, 6. If Contractor disposes of any equipment purchased under this Contract during the active lifespan of said equipment, Contractor must reinvest any proceeds from the disposal into additional equipment items to continue Contractor's organization's activities subject to the guidelines of this Contract If the Contractor does not reinvest proceeds to continue activities subject to this Contract, the percentage of the proceeds equal to the proportion of the original purchase price paid by funds for the Contract must be repaid to the State of New York. ENDNOTES: 1 To the extent that Section V -Federally Funding Grant Requirements conflict with any other provisions of the Contract, the Federal requirements of Section V shall supersede all other provisions of the Contract 2 As of October 9, 2012, the list of discriminatory jurisdictions subject to this provision includes the states of Alaska, Hawaii, Louisiana, South Carolina, West Virginia and Wyoming. Contact NYS Department of Economic Development for the most current list of jurisdictions subject to this provision. 3 A milestone/performance payment schedule identifies mutually agreed -to payment amounts based on meeting contract events or milestones. Events or milestones must represent integral and meaningful aspects of contract performance and should signify true progress In completing the Contract effort. { Fee for Service is a rate established by the Contractor for a service or services rendered. 5 Rate based agreements are those agreements in which payment is premised upon a specific established rate per unit 6 Scheduled Reimbursement agreements provide for payments that occur at defined and regular intervals that provide for a specified dollar amount to be paid to the Contractor at the beginning of each payment period (i.e. quarterly, monthly or bi-annually). While these payments are related to the particular services and outcomes defined in the Contract, they are not dependent upon particular services or expenses in any one payment period and provide the Contractor with a defined and regular payment over the life of the contract. 7 Fifth Quarter Payments occur where there are scheduled payments and where there is an expectation that services will be continued through renewals or subsequent contracts. Fifth Quarter Payments allow for the continuation of scheduled payments to a Contractor for the first payment period quarter of an anticipated renewal or new contract. ° Not applicable to not -for-profit entities VER 07/15 hltps://grants.dlises.ny.govfNYOHS GMS/Project/ReportContractAward.jsp 1/4/2019 Resolution No. 2021-____________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING EDUCATIONAL EXPENSES At a regular 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 20th day of April 2021 at 7:00 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, pursuant to the current contract between the Town of Irondequoit and the Nightstick Club P.B.A., Article 15, Section 15.1 and 15.2, ratified on March 13, 2020, it is requested that the Town Board approve Sergeant Jason Murphy to register for Principles of Cybersecurity (CYB 605-Z2) and Cyber Intelligence (CYB 610-Z5) classes; and WHEREAS, upon the successful completion of Principles of Cybersecurity (CYB 605-Z2) and Cyber Intelligence (CYB 610-Z5), the Town shall reimburse Sergeant Jason Murphy 80% of the cost of tuition, technology fee and required textbook(s) per said contract. Said tuition is expected to be approximately $4,296.00 (80% of $5,370.00 = $4,296.00). Textbooks and technology fees to be determined, and shall not exceed $700.00; and WHEREAS, funding for this expense is available in account 001-3120-4100. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves Sgt. Murphy to register for Principles of Cybersecurity (CYB 605-Z2) and Cyber Intelligence (CYB 610-Z5) classes and upon successful completion of the above classes, Sergeant Jason Murphy be reimbursed 80% for tuition, technology fee and required textbook(s) cost per the current contract between the Town of Irondequoit and the Nightstick Club P.B.A., Article 15, Section 15.1 and 15.2, ratified on March 13, 2020. 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_________________ 4/9/2021 Student Detail Schedule Utica College - Student Detail Schedule Total Credit Hours: 6.000 Principles of Cybersecurity(OL) - CYB 605 - Z2 Associated Term: Summer 2021 CRN: 5295 Status: **Registered** on Apr 05, 2021 Assigned Instructor: Michael J. Weiskopff •j Grade Mode: Standard Letter �� JJ Credits: 3.000 Level: Graduate Campus: Distance Graduate Scheduled Meeting Times Type Time Days Where Date Range Schedule Type Instructors Class TBA TBA May 10, 2021 - Jul 02, 2021 Distance Learning Michael J. Weiskopff (P) Cyber Intelligence(OL) - CYB 610 - Z5 Associated Term: CRN: Status: Assigned Instructor: William T. Hagestad Summer 2021 6455 **Registered** on Apr 05, 2021 Grade Mode: Standard Letter Credits: 3.000 Level: Graduate Campus: Distance Graduate Scheduled Meeting Times Type Time Days Where Date Range Class TBA TBA Jul 05, 2021 - Aug 27, 2021 Residency(OL) - CYB 995 - Z1 Associated Term: Summer 2021 CRN: 5549 Status: **Registered** on Apr 05, 2021 Assigned Instructor: Leslie Corbo Grade Mode: Credits: Level: Campus: On Line Residency 0.000 Graduate Distance Graduate Schedule Type Instructors Distance Learning William T. Hagestad (P) Scheduled Meeting Times Type Time Days Where Date Range Schedule Type Instructors Class TBA TBA May 10, 2021 - Jul 02, 2021 Residency 000484114 Jason R Murphy Summer 2021 Apr 09, 2021 03:38 pm https://bannerweb.utica.edu/PROD/bwskfshd.P_CrseSchdDetl 1/2 4/9/2021 Student Detail Schedule Leslie Corbo (P) Return to Previous RELEASE: 8.7.1 © 2021 Ellucian Company L.P. and its affiliates. https://bannerweb.utica.edu/PROD/bwskfshd.P_CrseSchdDetl 2/2 8613747_1 Resolution No. 2021 - EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING AN AMENDMENT TO THE 2021 BUDGET AND THE PURCHASE OF THREE (3) 2022 VEHICLES TO BE USED BY THE DEPARTMENT OF PUBLIC WORKS At the regular 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 20th day of April, 2021 at 7:00 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, it is necessary for the Department of Public Works to purchase three (3) new 2022 Chevy Silverado double cab pickup trucks; and WHEREAS, the Town is authorized to purchase through state contracts pursuant to Irondequoit Town Code 51-5(B)(3) and New York State General Municipal Law §104; and WHEREAS, Hoselton Chevrolet, Inc. (“Hoselton”) has been awarded the New York State OGS Mini-bid No. 6597; and WHEREAS, Hoselton has submitted the lowest responsible bid of $35,879.80 per Silverado double cab pickup truck for a total purchase price for three (3) of these vehicles of $107,639.40; and WHEREAS, the 2021 budget requires an appropriation of fund balance for the vehicle purchases in the amount of $35,879.80 from each of the general, sewer maintenance, and storm drainage funds to the respective vehicle purchase item; and WHEREAS, funds will be made available in account #’s 001.1490.2155, 031.8120.2155 and 038.8140.2155; and 8613747_1 WHEREAS, pursuant to Town Law Section 112, the Town Board during a fiscal year may by resolution make additional appropriations or increase existing appropriations from an unappropriated reserve fund balance. NOW, THEREFORE BE IT RESOLVED, the Town board authorizes the appropriation of fund balance in the amount of $35,879.80 from the general fund (public works administration) to account 001.1490.2155 (equipment), the sewer maintenance fund to account 031.8120.2155 (equipment) and the storm water drainage fund to account 038.8140.2155 (equipment). AND BE IT RESOLVED, that the Town Board approves a purchase order in the amount of $107,639.40 with Hoselton Chevrolet, Inc., for the purchase of three (3) new 2022 Chevy Silverado pickup trucks. AND BE IT FURTHER RESOLVED, that the Town Board authorizes the Town Supervisor to execute any and all documents related to this purchase. 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 __________________ 9446023_1 Resolution No. 2021 - ________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD APPROVING REVISED FEE SCHEDULE FOR THE IRONDEQUOIT CEMETERY At a regular 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 20th day of April, 2021 at 7:00 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 Irondequoit Cemetery provides the community with a dignified and comforting environment to intern, mourn, respect and honor the deceased; and WHEREAS, the Irondequoit Cemetery charges various fees for cemetery sites, monuments, services (such as internment), and the use of mausoleums and columbarium niches; and WHEREAS, the fee schedule for the Irondequoit Cemetery (“Fee Schedule”) was updated in December of 2020; and WHEREAS, there has been a change in columbarium sales since December 2020; and WHEREAS, the Commissioner recommends adding clarification of holidays when the Town is closed as well as other instances that would require overtime fees for personnel that are incurred; and WHEREAS, pursuant to Town Code Section 1-18, the Commissioner of Public Works (“Commissioner”) may establish the fees for the Irondequoit Cemetery, subject to Town Board approval; and WHEREAS, the Commissioner recommends revising the Fee Schedule to modify the prices for certain Irondequoit Cemetery sites, services, and facilities, and to re-designate and recategorize certain services, in the form annexed hereto as Appendix A (the “Revised Fee Schedule”); and 9446023_1 WHEREAS, the Revised Fee Schedule is necessary and appropriate to ensure the continued success of the Irondequoit Cemetery. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves the Revised Fee Schedule for the Irondequoit Cemetery, attached hereto as Appendix A. 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 _______ 9446023_1 Appendix A Burial Fees Interment Disinterment Full Body In-Ground Adult $625.00 $1,500.00 Infant/ Child $150.00 $250.00 Full Body Mausoleum Adult $475.00 $525.00 Infant/ Child $150.00 $200.00 Casket Storage $100.00 Cremation In-Ground Adult $400.00 $450.00 Double Cremains ( 1 Vault) $450.00 $500.00 Double Cremains ( 2 Vaults) $550.00 $600.00 Infant/ Child $50.00 $100.00 Cremated Body in Casket $100.00 Cremation Niche Adult Single $250.00 $300.00 Adult Double $350.00 $400.00 Infant/ Child $50.00 $100.00 Secondary Burial Right * $100.00 * Will be charged when decedents name doesn’t appear on deed or memorial. Fee to be added to interment cost Foundations Flat Monument 1 Grave $125.00 $175.00 2 Grave $150.00 $200.00 3 Grave $175.00 $225.00 4 Grave $250.00 $275.00 Stone Removal/ Disposal $150.00 Replacement plaque Matthews $850.00 Replacement Plaque Coldsprings $350.00 Overtime Fee * Added to regular fee's Full Interment $500.00 Cremated Remains $300.00 Prices Effective upon Town Board approval April 20, 2021 See attached list for when Overtime Fees are in effect Overtime Fees are applied in addition to Regular Service Fees Any Saturday or Sunday Regular Weekdays after 3pm New Year’s Day Friday, January 1, 2021 Martin Luther King Day Monday, January 18, 2021 Presidents Day Monday, February 15,2021 Good Friday Friday, April 2, 2021 Memorial Day Monday, May 31, 2021 Independence Day (observed) Monday, July 5, 2021 Labor Day (observed) Monday, September 6, 2021 Columbus Day Monday, October 11, 2021 Veterans Day Thursday, November 11, 2021 Thanksgiving Thursday, November 25, 2021 Day after Thanksgiving Friday, November 26, 2021 Christmas Day (observed) Friday, December 24, 2021 Grave Specification Flat Stone Monumented Veteran Circle $850.00 N/A Single Grave (1) $1,050.00 $1,250.00 Double (2) $1,650.00 $2,250.00 Triple (3) $2,750.00 $3,250.00 Quadruple (4) $3,350.00 $3,750.00 Cremation Veteran Circle $675.00 N/A Cremation Section $700.00 $1,200.00 Single Double depth Columbarium $1,100.00 $1,800.00 Columbarium Side by side * Price include Bronze Memorial Plaque Mausoleum- Single Crypt Tier Exterior Interior F $2,640.00 $2,930.00 E $2,735.00 $3,145.00 D $2,880.00 $3,350.00 C $3,130,00 $3,700.00 B $3,130.00 $3,700.00 A $2,980.00 $4,490.00 Mausoleum-Double Crypt Tier Exterior Interior F $4,030.00 $4,700.00 E $4,230.00 $5,045.00 D $4,430.00 $5,390.00 C $4,825.00 $5,990.00 B $4,825.00 $5,990.00 A $4,825.00 $5,620.00 * price included bronze Memorial Plaque * All prices include perpetual care in accordance with NYS law Prices effective upon Town Board Approval April 20, 2021 Resolution No. 2021_______ EXTRACT OF MEETING MINUTES OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING FEE STRUCTURE FOR FISHING TOURNAMENTS HELD IN IRONDEQUOIT BAY WHILE USING IRONDEQUOIT BAY STATE MARINE PARK BOAT LAUNCH At a regular 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 20th day of April, 2021 at 7:00 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 been working on the revitalization of the Irondequoit Bay State Marine Park Boat Launch in collaboration with the Lake Ontario Resiliency and Economic Development Initiative; and WHEREAS, the improvements to the Irondequoit Bay State Marine Park, include raising the boat launch and installing new Town-owned docks at the park; and WHEREAS, the Department of Public Works would like to establish rules and a fee structure for Fishing Tournaments, as shown in Exhibit “A”; and WHEREAS, pursuant to Town Code Section 1-18, the Commissioner of Public Works (Commissioner) may establish the fees for fishing tournaments that take place in Irondequoit Bay while using the Irondequoit Bay State Marine Park boat launch, subject to Town Board approval. NOW THEREFORE BE IT RESOLVED, that the Town Board approves the fee structure for fishing tournaments held in Irondequoit Bay while using the Irondequoit Bay State Marine Park Boat Launch as shown in Exhibit “A”. 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_____________ Exhibit “A” FISHING TOURNAMENT RULES Irondequoit Bay State Marine Park The permit does not give exclusive use of the Boat Launch or Park grounds. Your event must be conducted in a way that allows use of the boat launch and grounds by the public. All vehicles entering the park must still pay the parking fees for the Boat and trailer lot and display a valid parking ticket from the Pay station. Any person issued a permit assumes all liability and responsibility for any activity conducted under the authority of the permit or any actions resulting from activities authorized by the permit. The Commissioner of Public Works and/or his/her designee has the authority to cancel the event due to weather or other conditions. This permit may be used only by the designated permittee and only for the purpose, location and time period stated. Any equipment, signs, etc. placed in park for event must be removed upon event completion. Permittee shall promptly report any and all unusual incidents directly to the Town staff onsite or the Irondequoit Police Department. Unusual incidents include, but not limited to, damage to Park property, accidents, personal injuries, and emergencies involving medical personnel. Permittee understands that he/she will be held responsible and billed for all damages related to the event done to Park/site property and facilities during the event. This event permitted by this agreement is subject to the policies and normal operating rules and regulations of the Irondequoit Town Code. Fee Schedule for Fishing Tournaments Under 30 boats $ 40.00 30 – 50 boats $ 75.00 51 – over boats $125.00 Resolution No. 2021-________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO A CONTRACT FOR HVAC SERVICES AND PREVENTATIVE MAINTENANCE FOR VARIOUS IRONDEQUOIT OF IRONDEQUOIT FACILITIES At the regular 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 20th day of April, 2021 at 7:00 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 for its adoption: WHEREAS, it is necessary to enter into heating, ventilation, air conditioning (HVAC) services for all HVAC equipment in various Town of Irondequoit facilities including preventative maintenance (“Project”); and WHEREAS, pursuant to the requirements of Section 51-10(B) of the Irondequoit Town Code, the Town sent out a request for proposal to three (3) businesses offering these services; and WHEREAS, Monroe Piping & Sheet Metal has been recommended by the RFP selection committee pursuant to Section 51-10 of the Irondequoit Town Code; and WHEREAS, routine HVAC Services & Maintenance annual fee in 2021 is $9,983.00 divided into quarters. The annual fee will remain the same in 2022. There is an optional extension for two more years, and the annual fee for 2023 will have a 3% increase. The annual fee for 2024 will remain the same as the annual fee for 2023; and WHEREAS, funds for this expense will be available in accounts 001.1620.4265 (Town Hall); 001.1621.4265 (Public Safety Bldg); 001.8810.4265 (Cemetery); 001.7110.4265.0000.7147 (McAvoy Park); 001.7110.4265.0000.7142 (Camp Eastman); 001.7110.4265.0000.7148 (General Parks);and NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby awards the heating, ventilation, air conditioning (HVAC) services for all HVAC equipment in various Town of Irondequoit facilities including preventative maintenance to Monroe Piping & Sheet Metal in the amount of $ 9,983 for 2021 divided into quarters with the same fee for 2022. The Town authorizes an optional extension for up to two additional one-year periods, and the annual fee for 2023 will be increased by 3% and the annual fee for 2024 will remain the same as 2023. AND, THEREFORE, BE IT FURTHER RESOLVED, that the Town Board authorizes the Supervisor to execute any and all necessary documents to enter into an agreement with Monroe Piping & Sheet Metal in such form as approved by the Attorney for the Town. This resolution shall take effect on April 20, 2021. Seconded by Town Board Member ____and duly put to vote, which resulted as follows: Town Board Member Perticone voting _______ Town Board Member Romeo voting _______ Town Board Member Freeman voting _______ Town Board Member Wehner voting _______ Town Supervisor Seeley voting _______ 9863739_1 Resolution No. 2021 - ________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO AGREEMENTS WITH SPECTRUM ENTERPRISE At regular 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 20th day of April, 2021 at 7:00 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, it is necessary to enter into agreements with Spectrum Enterprise, also known as Charter Communications Operating, LLC (together, “Spectrum”), to provide internet and information technology services at the new Town of Irondequoit Community Center (“Community Center”); and WHEREAS, the Town is authorized to make purchases through the New York State Office of General Services at the same prices and under the same terms and conditions as the State pursuant to Irondequoit Town Code 51-5(B)(3) and New York State General Municipal Law §104; and WHEREAS, Spectrum has been awarded New York State OGS Contract PS68706 (the “State Contract”); and WHEREAS, the Department of Public Works desires to enter into the following agreements with Spectrum: (a) the Customer Services Order; (b) the Ethernet Intrastate-Only Traffic Certification; (c) the Fiber-Internet Access Service Level Agreement, (d) the Ethernet Service Level Agreement; and (e) the Spectrum Enterprise Service Agreement (collectively, the “Spectrum Contracts”); and WHEREAS, the Spectrum Contracts will allow the Town to “tie in” to service currently provided to the Town Hall, Public Safety Building, and Department of Public Works, and may require extensions of the terms of service at those locations; and WHEREAS, the term of the Spectrum Contracts is thirty-six (36) months; and 9863739_1 WHEREAS, the total cost per month is $750.00 for the Community Center, which will be in addition to the monthly amounts for the current service locations at 1615 N. Winton Rd. ($245), 1301 Lake Shore Blvd ($280), 1280 Titus Ave ($350), and 2629 E Ridge Rd ($750); and WHEREAS, funding is available for this expense in the following account 001.1623.4756. NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Irondequoit authorizes the Supervisor to enter into the Spectrum Contracts at the same prices and under the same terms and conditions as the State Contract. AND, BE IT FURTHER RESOLVED, that the Town Board authorizes the Town Supervisor to execute any and all documents related to the Spectrum Contracts, and if necessary, to execute extensions to the terms of the agreements for Spectrum service at existing Town locations under the same terms and conditions as the State Contract. This resolution shall take immediately upon after 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 Freeman voting _______ Town Board Member Romeo voting _______ Town Supervisor Seeley voting _______ Page 1 of 5 ©2016 Charter Communications CONFIDENTIAL 161111 v.1 Commercial THIS SERVICE ORDER (“Service Order”), is executed and effective upon the date of the signature set forth in the signature block below (“Effective Date”) and is by and between Charter Communications Operating, LLC on behalf of those operating subsidiaries providing the Service(s) hereunder (“Spectrum”) and Customer (as shown below) and is governed by and subject to the Spectrum Enterprise Commercial Terms of Service posted to the Spectrum Enterprise website, https://enterprise.spectrum.com/ (or successor url) or, if applicable, an existing services agreement mutually executed by the parties (each, as appropriate, a “Service Agreement”). Except as specifically modified herein, all other terms and conditions of the Service Agreement shall remain unamended and in full force and effect. Account Executive: Michael Arbore Phone: 585-736-3742 ext: Cell Phone: +1 5852333738 Email: michael.arbore@charter.com Order # 12405509 Customer Information: Customer Code Business Name TOWN OF IRONDEQUOIT Customer Type: Billing Address Attention To: Account Number 1280 TITUS AVE ROCHESTER NY 14617 Billing Contact Billing Contact Phone Billing Contact Email Address Bob Kiley (585) 313-2354 rkiley@irondequoit.org Authorized Contact Authorized Contact Phone Authorized Contact Email Address Bob Kiley (585) 313-2354 rkiley@irondequoit.org Technical Contact Technical Contact Phone Technical Contact Email Address Kevin LaBarr (585) 330-6149 klabarr@irondequoit.org Customer Service Order Page 2 of 5 ©2016 Charter Communications CONFIDENTIAL 161111 v.1 Commercial Fiber Internet and Ethernet Service Order Information For 2629 E Ridge Rd Rochester NY 14622 Location Site Name Address Location Type Bandwidth 2629 E Ridge Rd Rochester, NY 14622 Fiber Internet and Ethernet Service Order Information For 200 Medley Centre Pkwy Telecom Rm Rochester NY 14622 Location Site Name Address Location Type Bandwidth 200 Medley Centre Pkwy Rochester, NY 14622 Current Services and Monthly charges At 2629 E Ridge Rd , Rochester NY 14622 Monthly Description Quantity Sales Price Recurring Total 5 Static IP 1 $0.00 $0.00 Ethernet Spoke 1 $0.00 $0.00 Data Term - 3 YR 2 $0.00 $0.00 Data Term - 3 YR 1 $0.00 $0.00 Ethernet EPL HUB 1 $0.00 $0.00 Ethernet Intrastate 1 $0.00 $0.00 *Total $0.00 *Prices do not include taxes and fees. Current Services and Monthly charges At 1280 Titus Ave , Rochester NY 14617 Monthly Description Quantity Sales Price Recurring Total Ethernet Spoke 1 $0.00 $0.00 Data Term - 3 YR 1 $0.00 $0.00 *Total $0.00 *Prices do not include taxes and fees. Current Services and Monthly charges At 1615 N Winton Rd , Rochester NY 14609 Monthly Description Quantity Sales Price Recurring Total Ethernet Spoke 1 $0.00 $0.00 Data Term - 3 YR 1 $0.00 $0.00 *Total $0.00 *Prices do not include taxes and fees. Page 3 of 5 ©2016 Charter Communications CONFIDENTIAL 161111 v.1 Commercial Current Services and Monthly charges At 1301 Lake Shore Blvd , Rochester NY 14617 Monthly Description Quantity Sales Price Recurring Total Ethernet Spoke 1 $0.00 $0.00 Data Term - 3 YR 1 $0.00 $0.00 *Total $0.00 *Prices do not include taxes and fees. New and Revised Services and Monthly Charges At 200 Medley Centre Pkwy Unit Telecom Rm, Rochester NY 14622 Monthly Description Quantity Sales Price Recurring Total Contract Term 5 Static IP 1 $0.00 $0.00 36 Months ELAN Intrastate 50 Mbps 1 $350.00 $350.00 36 Months Ethernet Spoke 1 $0.00 $0.00 36 Months Fiber Internet 50Mbps 1 $400.00 $400.00 36 Months *Total $750.00 *Prices do not include taxes and fees. New and Revised Services and Monthly Charges At 1615 N Winton Rd , Rochester NY 14609 Monthly Description Quantity Sales Price Recurring Total Contract Term ELAN Intrastate 10 Mbps 1 $245.00 $245.00 36 Months *Total $245.00 *Prices do not include taxes and fees. New and Revised Services and Monthly Charges At 1301 Lake Shore Blvd , Rochester NY 14617 Monthly Description Quantity Sales Price Recurring Total Contract Term ELAN Intrastate 20 Mbps 1 $280.00 $280.00 36 Months *Total $280.00 *Prices do not include taxes and fees. New and Revised Services and Monthly Charges At 1280 Titus Ave , Rochester NY 14617 Monthly Description Quantity Sales Price Recurring Total Contract Term ELAN Intrastate 50 Mbps 1 $350.00 $350.00 36 Months *Total $350.00 *Prices do not include taxes and fees. Page 4 of 5 ©2016 Charter Communications CONFIDENTIAL 161111 v.1 Commercial New and Revised Services and Monthly Charges At 2629 E Ridge Rd , Rochester NY 14622 Monthly Description Quantity Sales Price Recurring Total Contract Term ELAN Intrastate 50 Mbps 1 $350.00 $350.00 36 Months Fiber Internet 50Mbps 1 $400.00 $400.00 36 Months *Total $750.00 *Prices do not include taxes and fees. One Time fees At 200 Medley Centre Pkwy Unit Telecom Rm, Rochester NY 14622 Description Quantity Sales Price Total Installation 1 $0.00 $0.00 Fiber Access Account Setup Fee 1 $0.00 $0.00 Total $0.00 *Prices do not include taxes and fees. Page 5 of 5 ©2016 Charter Communications CONFIDENTIAL 161111 v.1 Commercial Special Terms Electronic Signature Disclosure By signing and accepting below you are acknowledging that you have read and agree to the terms and conditions outlined in thi s document. {{*Sig_es_:signer1:signature }} Authorized Signature for Customer {{*_es_:signer1:fullname }} {{*_es_:signer1:title }} Printed Name and Title {{Date_es_:signer1:date }} Date Signed Ethernet Intrastate-Only Traffic Certification Ethernet Interstate Tax Form v200611 CONFIDENTIAL 1 © 2016-2020 Charter Communications, all rights reserved Customer Name (Legal Entity): __________________________________________ Billing Address: __________________________________________ __________________________________________ Charter Communications Operating, LLC and its subsidiaries providing the Services (“Spectrum”), presumes that more than 10% of the traffic carried on the WAN/Ethernet services that we provide to you over any circuit will be interstate in nature, and that therefore by Federal Communications Commission regulation each such circuit must be treated as jurisdictionally interstate in its entirety. If you expect that 10% or less of the traffic to be carried over any circuit will be interstate in nature, please complete the certification form below to identify the relevant circuit(s) and specify the expected jurisdictional allocation of your traffic associated with such circuit(s). Please note that all Internet-related traffic is presumptively interstate. Also, please note that you must provide this certification annually and whenever there is a material change in the actual or expected jurisdictional nature of your traffic. In the event that you fail to provide this certification in accordance with procedures specified by Spectrum, Spectrum reserves the right to again presume that more than 10% of the traffic carried over each circuit is interstate in nature and calculate the fees applicable to that usage accordingly. CERTIFICATION I certify that the traffic carried by Spectrum in its provision of WAN/Ethernet services on the circuits listed on the attached Service Order is jurisdictionally intrastate and will contain no more than 10% interstate traffic. (Authorized Customer Signature) (Date Signed) (Printed Name) (Title) Authorized Customer Contact Information: Phone: Email: FIASLA.v.171015 Page 1 of 4 ©2017 Charter Communications. All Rights Reserved. Not all products, pricing and services are available in all areas. Pricing and actual speeds may vary. Restrictions may apply. Subject to change without notice. Spectrum Enterprise Fiber Internet Access Service Level Agreement This document outlines the Service Level Agreement (“SLA”) for Fiber Internet Access (“FIA”) fiber -based service (the “Service”). This SLA is a part of, and hereby incorporated by reference into the Spectrum Enterprise Service Agreement (including the terms and conditions, attachments, and Service Orders described therein, the “Agreement”). To the extent any provision of this SLA conflicts with the Agreement, this SLA shall control. All SLA Targets in the table below are measured from Customer’s Service Location to the location where Spectrum Enterprise has local access to the Internet (the Spectrum Enterprise “Point of Presence” or “POP”) at the individual circuit or service level, and any applicable credits are issued only for the affected FIA circ uit or service (the “Affected Service”). Capitalized words used, but not defined herein, shall have the meanings given to them in the Agreement. I. SLA Targets for FIA Services: Service Availability Mean Time To Restore (“MTTR”) Latency / Frame Delay (Roundtrip) Jitter / Frame Delay Variation Packet Loss Frame Loss / End to End: 99.99% Priority 1 Outages within 4 hours 45ms <2ms <0.1% II. Priority Classification: A “Service Disruption” is defined as an outage, disruption, or severe degradation, other than an Excluded Disruption, that interferes with the ability of a Spectrum Enterprise network hub to: (i) transmit and receive network traffic on Customer’s dedicated access port at the Spectrum Enterprise network hub; or (ii) exchange network traffic with another Spectrum Enterprise network hub. The Service Disruption period begins when Customer reports a Service Disruption using Spectrum Enterprise’s trouble ticketing system by contacting Customer Care, Spectrum Enterprise acknowledges receipt of such trouble ticket, Spectrum Enterprise validates that the Service is affected, and Customer releases the Service for testing. The Service Disruption ends when the affected Service has been restored. “Service Degradation” means a degradation of the Service that is not a Service Disruption or a result of an Excluded Disruption, such as failure of the Service to achieve the SLA Targets for Latency / Frame Delay, Jitter / Frame Delay Variation, or Packet / Frame Loss. “Excluded Disruptions” means (i) planned outages, (ii) routine or urgent maintenance, (iii) time when Spectrum Enterprise is unable to gain access to Customer’s Service Location, if necessary, (iv) service issues arising from acts of omissions of Customer or Customer’s representatives or agents, (v) Customer equipment failures, (vi) Customer is not prepared to release the Service for testing, and (vii) Force Majeure Events. FIASLA.v.171015 Page 2 of 4 ©2017 Charter Communications. All Rights Reserved. Not all products, pricing and services are available in all areas. Pricing and actual speeds may vary. Restrictions may apply. Subject to change without notice. Spectrum Enterprise will classify Service problems as follows: III. Service Availability “Service Availability” is calculated as the total number of minutes in a calendar month less the number of minutes that the FIA Service is unavailable due to a Priority 1 Outage (“Downtime”), divided by the total number of minutes in a calendar month. The following table contains examples of the percentage of Service Availability translated into minutes of Downtime for the 99.99% Service Availability Target: Percentage by Days Per Month Total Minutes / Month Downtime Minutes 99.99% for 31 Days 44,640 4.5 99.99% for 30 Days 43,200 4.3 99.99% for 29 Days 41,760 4.2 99.99% for 28 Days 40,320 4 IV. Mean Time to Restore (“MTTR”) The MTTR measurement for Priority 1 Outages is the average time to restore Priority 1 Outages during a calendar month calculated as the cumulative length of time it takes Spectrum Enterprise to restore an FIA Service following a Priority 1 Outage in a calendar month divided by the corresponding number of trouble tickets for Priority 1 Outages opened during the calendar month for the FIA Service. MTTR per calendar month is calculated as follows: Cumulative length of time to restore Priority 1 Outage(s) per FIA Service Total number of Priority 1 Outage trouble tickets per FIA Service V. Latency / Frame Delay Latency or Frame Delay is the average roundtrip network delay, measured every 5 minutes during a calendar month, unless measurement is not possible as a result of an Excluded Disruption, to adequately determine a consistent average monthly performance level for frame delay for each FIA Service. The roundtrip delay is expressed in milliseconds (ms). Priority Criteria Priority 1 Each a “Priority 1 Outage”: Service Disruption resulting in a total loss of Service; or Service Degradation to the point where Customer is unable to use the Service and is prepared to release it for immediate testing Priority 2 Service Degradation where Customer is able to use the Service and is not prepared to release it for immediate testing. Priority 3 A service problem that does not impact the Service; or A single non-circuit specific quality of Service inquiry. FIASLA.v.171015 Page 3 of 4 ©2017 Charter Communications. All Rights Reserved. Not all products, pricing and services are available in all areas. Pricing and actual speeds may vary. Restrictions may apply. Subject to change without notice. Latency is calculated as follows: Latency/Frame Delay = Sum of the roundtrip delay measurements for an FIA Service Total # of measurements for an FIA Service VI. Packet Loss / Frame Loss Ratio Packet Loss or Frame Loss Ratio is defined as the percentage of frames that are not successfully received compared to the total frames that are sent in a calendar month, except where any packet or frame loss is the result of an Excluded Disruption. The percentage calculation is based on frames that are transmitted from a network originat ion point and received at a network destination point. Packet Loss / Frame Loss Ratio is calculated as follows: Packet Loss / Frame Loss (%) = 100 (%) – Frames Received (%) VII. Jitter / Frame Delay Variation Jitter or Frame Delay Variation is defined as the variation in delay for two consecutive frames that are transmitted (one - way) from a network origination point and received at a network destination point. Spectrum Enterprise measures a sample set of frames every 5 minutes during a calendar month, unless measurement is not possible as a result of an Excluded Disruption, and determines the average delay between consecutive frames within each sample set. The monthly Jitter / Frame Delay Variation is calculated as the average of all of the frame delay variation measurements during such calendar month and is expressed in milliseconds (ms). Jitter / Frame Delay Variation is calculated as follows: Jitter / Frame Delay Variation = Sum of the Frame Delay Variation measurements for an FIA Service Total # of measurements for an FIA Service VIII. Network Maintenance Maintenance Notice: Customer understands that from time to time, Spectrum Enterprise will perform network maintenance for network improvements and preventive maintenance. In some cases, Spectrum Enterprise will need to perform urgent network maintenance, which will usually be conducted within the routine maintenance windows. Spectrum Enterprise will use reasonable efforts to provide advance notice of the approximate time, duration, and reason for any urgent maintenance outside of the routine maintenance windows. Maintenance Windows: Routine maintenance may be performed Monday – Friday 12 a.m. – 6 a.m. Local Time. FIASLA.v.171015 Page 4 of 4 ©2017 Charter Communications. All Rights Reserved. Not all products, pricing and services are available in all areas. Pricing and actual speeds may vary. Restrictions may apply. Subject to change without notice. IX. Remedies Service Credits: If the actual performance of an FIA Service during any calendar month is less than the SLA Targets and Customer is in compliance with the terms of the Agreement and this SLA, then Customer may request credit equal to the corresponding percentage of monthly recurring charges for the Affected Service as set forth in the table below. Any credit to be applied will be off-set against amounts due from Customer to Spectrum Enterprise in the billing cycle following the date Spectrum Enterprise makes its credit determination. Credit requests must be submitted to Spectrum Enterprise within thirty (30) days of the calendar month in which the SLA Target was missed. Spectrum Enterprise will exercise commercially reasonable efforts to respond to such credit requests within thirty (30) days of receipt thereof. Service Availability Mean Time To Restore (“MTTR”) Latency / Frame Delay (Roundtrip) Jitter / Frame Delay Variation Packet Loss / Frame Loss 30% > 4 hours ≤ 7:59:59 hours 4% 5% 5% 5% > 8 hours 10% All SLA Targets are monthly measurements, and Customer may request only one credit per SLA Target per month for the Affected Service. Should one event impact more than one SLA hereunder, Customer shall receive the single highest of the qualifying credits only. Except as set forth below, the credits described in this SLA shall constitute Customer’s sole and exclusive remedy, and Spectrum Enterprise’s sole and exclusive liability, with respect to any missed SLA Targets. Service Credits hereunder shall not be cumulative per Service. Chronic Priority 1 Outages: If Customer experiences and reports three (3) separate Priority 1 Outages where the Downtime exceeds four (4) hours during each Priority 1 Outage within three (3) consecutive calendar months, then Customer may terminate the Affected Service without charge or liability by providing at least thirty (30) days written notice to Spectrum Enterprise; provided, however, that (i) Customer may only terminate the Affected Service; (ii) Customer must exercise its right to terminate the Affected Service by providing written notice to Spectrum Enterprise within thirty (30) days after the event giving rise to Customer’s termination right; (iii) Customer shall have paid Spectrum Enterprise all amounts due at the t ime of such termination for all Services provided by Spectrum Enterprise pursuant to the Agreement, and (iv) the foregoing termination right provides the sole and exclusive remedy of Customer and the sole and exclusive liability of Spectrum Enterprise for chronic Priority 1 Outages and Customer shall not be eligible for any additional credits. Termination will be effective forty-five (45) days after Spectrum Enterprise’s receipt of such written notice of termination. Spectrum Enterprise Ethernet SLA.v.181023 Page 1 of 5 ©2017, 2018 Charter Communications. All Rights Reserved. Not all products, pricing and services are available in all areas. Pricing and actual speeds may vary. Restrictions may apply. Subject to change without notice. Spectrum Enterprise Ethernet Service Level Agreement This document outlines the Service Level Agreement (“SLA”) for fiber-based Spectrum Enterprise Ethernet Service and Spectrum Enterprise Cloud Connect Service (individually the “Service” and collectively the “Services”). Ca pitalized words used, but not defined herein, shall have the meanings given to them in the Agreement. This SLA is a part of, and hereby incorporated by reference into the Spectrum Enterprise Service Agreement (including the terms and conditions, attachments, and Service Orders described therein, the “Agreement”). To the extent any provision of this SLA conflicts with the Agreement, this SLA shall control. Performance tier goals (“SLA Targets”) are set forth in the table(s) below. Ethernet Services SLA Targets presented below are measured end to end (i.e. from any two applicable Customer’s edge or network interface devices at the Service Location) at the individual circuit or service level, and any applicable credits are issued for the affected circuit or service (the “Affected Service”). The Cloud Connect Service SLA Target for Availability is measured between Spectrum Enterprise’s network interface device (NID) located at the Customer location and the point of physical handoff of the Service to the Cloud Service Provider (the “Gateway Point”). I. SLA Targets for Ethernet and Cloud Connect Services : Spectrum Enterprise Ethernet Services SLAs Performance Tier On-Net Off-Net Metro Regional National Miles 0 - 155 156 - 746 > 746 N/A Kilometers 0 - 250 251 - 1200 > 1200 N/A Latency < 10ms < 25ms < 125ms < 125ms Jitter < 2ms < 4ms < 8ms < 8ms Frame Loss < 0.01% < 0.01% < 0.01% < 0.01% Availability > 99.99% > 99.99% > 99.99% > 99.99% MTTR 4 hrs. 4 hrs. 4 hrs. 4 hrs. 1 “On-Net” includes circuits that are provided by Spectrum Enterprise to Service Locations directly from the Spectrum Network. 2 “Off-Net” includes circuits that are provided to geographic locations that may be outside or inside Spectrum Enterprise service areas and are provided by third party service providers and not from the Spectrum Network. Spectrum Enterprise Cloud Connect Gateway Point SLAs Availability > 99.99% II. Priority Classification: “Excluded Disruptions” means (i) planned outages, (ii) routine or urgent maintenance, (iii) time when Spectrum Enterprise is unable to gain access to Customer’s premises to troubleshoot, repair or replace equipment or the Service, (iv) service problems resulting from acts of omissions of Customer or Customer’s representatives or agents, (v) Customer equipment failures, (vi) Customer is not prepared to release the Service for testing, and (vii) Force Majeure Spectrum Enterprise Ethernet SLA.v.181023 Page 2 of 5 ©2017, 2018 Charter Communications. All Rights Reserved. Not all products, pricing and services are available in all areas. Pricing and actual speeds may vary. Restrictions may apply. Subject to change without notice. Events. Notwithstanding anything to the contrary in the Agreement, any service issues beyond the connectivity to the Cloud Service Provider is not covered by this SLA. A “Service Disruption” is defined as a n outage, disruption, or severe degradation, other than an Excluded Disruption, that interferes with the ability of a Spectrum Enterprise network hub to tran smit and receive network traffic between Customer’s A and Z Service Locations. The Service Disruption period begins when Customer reports a Service Disruption using Spectrum Enterprise’s trouble ticketing system by contacting Customer Care, Spectrum Enterprise acknowledges receipt of such trouble ticket, Spectrum Enterprise validates that the Service is affected , and Customer releases the Service fo r testing. The Service Disruption ends when the affected Service has been restored. “Service Degradation” means a degradation of the Service that is not a Service Disruption or a result of an Excluded Disruption, such as failure of the Service to achieve the SLA Targets for Latency / Frame Delay, Jitter / Frame Delay Variation, or Packet / Frame. Spectrum Enterprise will classify Service problems as follows: Priority Criteria Priority 1 • Service Disruption resulting in a total loss of Service; or • Service Degradation to the point where Customer is unable to use the Service and is prepared to release it for immediate testing (each a “Priority 1 Outage”). Priority 2 • Service Degradation where Customer is able to use the Service and is not prepared to release it for immediate testing. Priority 3 • A service problem that does not impact the Service; or • A single non-circuit specific quality of Service inquiry. III. Service Availability “Service Availability” is calculated as the total number of minutes in a calendar month less the number of minutes that the Service is unavailable due to a Priority 1 Outage (“Downtime”), divided by the total number of minutes in a calendar month. The following table contains examples of the percentage of Service Availability translated into minutes of Downtime for the 99.99% Service Availability Target: Percentage by Days Per Month Total Minutes / Month Downtime Minutes 99.99% for 31 Days 44,640 4.5 99.99% for 30 Days 43,200 4.3 99.99% for 29 Days 41,760 4.2 99.99% for 28 Days 40,320 4 Spectrum Enterprise Ethernet SLA.v.181023 Page 3 of 5 ©2017, 2018 Charter Communications. All Rights Reserved. Not all products, pricing and services are available in all areas. Pricing and actual speeds may vary. Restrictions may apply. Subject to change without notice. IV. Mean Time to Restore (“MTTR”) The MTTR measurement for Priority 1 Outages is the average time to restore Priority 1 Outage s during a calendar month calculated as the cumulative length of time it takes Spectrum Enterprise to restore a Service following a Priority 1 Outage in a calendar month divided by the corresponding number of trouble tickets for Priority 1 Outages opened during the calendar month for the Service. MTTR per calendar month is calculated as fo llows: Cumulative length of time to restore Priority 1 Outage(s) per Service Total number of Priority 1 Outage trouble tickets per Service V. Latency / Frame Delay Latency or Frame Delay is the average roundtrip network delay, mea sured every 5 minutes during a calendar month, unless measurement is not possible as a result of an Excluded Disruption , to adequately determine a consistent average monthly performance level for frame delay for each Service. The roundtrip delay is expressed in milliseconds (ms). Latency / Frame Delay is calculated as follows: Latency / Frame Delay= Sum of the roundtrip delay measurements for a Service Total # of measurements for a Service Spectrum Enterprise Ethernet SLA.v.181023 Page 4 of 5 ©2017, 2018 Charter Communications. All Rights Reserved. Not all products, pricing and services are available in all areas. Pricing and actual speeds may vary. Restrictions may apply. Subject to change without notice. VI. Packet Loss / Frame Loss Ratio Packet Loss or Frame Loss Ratio is defined as the percentage of frames that are not successfully received compared to the total frames that are sent in a calen dar month, except where any packet or frame loss is the result of an Excluded Disruption . The percentage calculation is based on frames that are transmitted from a network origination point and received at a network destination point. Packet Loss / Frame Loss Ratio is calculated as follows: Packet Loss / Frame Loss (%) = 100 (%) – Frames Received VII. Jitter / Frame Delay Variation Jitter or Frame Delay Variation is defined as the variation in delay for two consecutive frames that are transmitted (one- way) from a network origination point and received at a network destination point. Spectrum Enterprise measures a sample set of frames every 5 minutes during a calendar month, unless measurement is not possible as a result of an Excluded Disruption , and determines the average delay between consecutive frames within each sample set. The monthly Jitter / Frame Delay Variation is calculated as the average of all of the frame delay variation measurements during such calendar month and is expressed in milliseconds (ms). Jitter / Frame Delay Variation = Sum of the Frame Delay Variation measurements for a Service Total # of measurements for a Service Spectrum Enterprise Ethernet SLA.v.181023 Page 5 of 5 ©2017, 2018 Charter Communications. All Rights Reserved. Not all products, pricing and services are available in all areas. Pricing and actual speeds may vary. Restrictions may apply. Subject to change without notice. VIII. Network Maintenance Maintenance Notice: Customer understands that from time to time, Spectrum Enterprise wi ll perform network maintenance for network improvements and preventive maintenance. In some cases, Spectrum Enterprise will need to perform urgent net work maintenance, which will usually be conducted within the routine maintenance windows. Spectrum Enterprise will use reasonable efforts to provide advance notice of the approximate time, duration, and reason for any urgent maintenance outside of the routine maintenance windows . Maintenance Windows: Routine maintenance may be performed Monday – Friday 12 a.m. – 6 a.m. Local Time. IX. Remedies Service Credit: If the actual performance of a Service during any calendar month is less than the SLA Targets, and Customer is in compliance with the terms of the Agreement and this SLA, then Customer may request credit equal to the corresponding percentage of the monthly recurring charges for the Affected Service as set forth in the table below. Any credit to be applied will be off-set against any amounts due from Customer to Spectrum Enterprise in the billing cycle following the date Spectrum Enterprise makes its credit determination. Credit requests must be submitted to Spectrum Enterprise within thirty (30) days of the calendar month in which the SLA Target was missed. Spectrum Enterprise will exercise commercially reasonable efforts to respond to such credit requests within 30 days of receipt thereof. Service Availability Mean Time To Restore (“MTTR”) Latency / Frame Delay (Roundtrip) Jitter / Frame Delay Variation Packet Loss / Frame Loss 30 % > 4 hours ≤ 7:59:59 hours 4% 5% 5% 5% > 8 hours 10% All SLA Targets are monthly measurements, and Customer may request only one credit per SLA Target per month for the Affected Service. Should one event impact more than one SLA hereunder, Customer shall receive the single highest of the qualifying credits only. Except as set forth below, the credits described in this SLA shall constitute Customer’s sole and exclusive remedy, and Spectrum Enterprise’s sole and exclusive liability, with respect to any missed SLA Targets. Service Credits hereunder shall not be cumulative per Service. Chronic Priority 1 Outages: If Customer experiences and reports three (3 ) separate Priority 1 Outages where the Downtime exceeds four (4) hours during each Priority 1 Outage within three (3) consecutive calendar months, then Customer may terminate the Affected Service without charge or liability by providing at least thirty (30) days written notice to Spectrum Enterprise; provided, however, that (i) Customer may only terminate the Affected Service; (ii) Customer must exercise its right to terminate the Affected Service by providing written notice to Spectrum Enterprise within thirty (30) days after the event giving rise to Customer’s termination right; (iii) Customer shall have paid Spectrum Enterprise all amounts due at the time of such termination for all Services provided by Spectrum Enterprise pursuant to the Agreement, and (iv) the foregoing termination right provides the sole and exclusive remedy of Customer and the sole and exclusive liability of Spectrum Enterprise for chronic Priority 1 Outages and Customer shall not be eligible for any additional credits . Termination will be effective forty-five (45) days after Spectrum Enterprise’s receipt of such written notice of termination. SPECTRUM ENTERPRISE SERVICE AGREEMENT The customer identified below (“Customer”)hereby acknowledges and agrees to the Commercial Terms of Service available at https://enterprise.spectrum.com/(“Terms of Service”),which are incorporated herein by this reference,with respect to any service order(s)placed by Customer and accepted by Spectrum hereafter (each,a “Service Order”),which together with this agreement constitute the “Service Agreement”by and between the Customer and Charter Communications Operating,LLC on behalf of those operating subsidiaries providing the service(s)hereunder (“Spectrum”). Spectrum Contact Information Spectrum Enterprise 12405 Powerscourt Drive St.Louis,MO 63131 Contact: Telephone: Email: Customer Information Custo mer Name (Exact Legal Name):Main Tel.No.: Billing Address:Suite:City:State:Zip Code: Billing Contact Name:Tel.No.:E-mail: Authorized Contact Name:Tel.No.:E-mail: By: Name (printed): Title: Date: Enterprise Short Form v171213a CONFIDENTIAL Page 1 of 1 ©2016-2018 Charter Communications.All Rights Reserved Customer: BY EXECUTING THIS SERVICE AGREEMENT BELOW, CUSTOMER ACKNOWLEDGES THAT: (1) CUSTOMER ACCEPTS AND AGREES TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING THE ARBITRATION SECTION THEREOF, WHICH PROVIDES THAT THE PARTIES DESIRE TO RESOLVE ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SERVICE AGREEMENT THROUGH ARBITRATION; AND (2) BY AGREEING TO ARBITRATION, CUSTOMER IS GIVING UP VARIOUS RIGHTS, INCLUDING THE RIGHT TO TRIAL BY JURY. Resolution No. 2021-________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE SUPERVISOR TO AMEND VARIOUS CONTRACTS WITH VENDORS FOR YOUTH, FAMILY, AND SENIOR RECREATIONAL PROGRAMMING FOR WINTER/SPRING 2021 At a regular 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 20th day of April 2021, at 7:00 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, pursuant to Town Board Resolution 2020-348 adopted on December 15, 2020, the Town Board authorized the Supervisor to enter into contracts with vendors for Youth, Family, and Senior recreational programs as attached hereto as Addendum “A”; and WHEREAS, an update was made to the contract of a Youth instructor as attached hereto as Addendum “B”. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby replaces and supersedes Addendum “A” of Resolution 2020-348 with the chart attached hereto and made a part hereof as Addendum “B”. AND FURTHER IT BE RESOLVED THAT, the Town Board authorizes the Supervisor to enter into revised contracts with the vendor in Addendum “B”, which is attached hereto and made a part hereof, in such form as approved by the Attorney for the Town. 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 __________ Youth, Family, Adult, and Senior Recreational Program Instructor Payouts -Winter/Spring 2021 - Addendum "A" Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Elizabeth Bauld 1514-A Storybook Cooks: The Mitten 1/21/2021 1/21/2021 5:45P-6:45P $18.00/Per Head $12.00/Per Head $6.00/Per Head Storybook Cooks 1515-A Storybook Cooks: The Kissing Hand 2/4/2021 2/4/2021 5:45P-6:45P $18.00/Per Head $12.00/Per Head $6.00/Per Head 1515-B Storybook Cooks: Dragons Love Tacos 2/18/2021 2/18/2021 5:45P-6:45P $18.00/Per Head $12.00/Per Head $6.00/Per Head 1516-A Storybook Cooks: How to Catch a Leprechaun 3/4/2021 3/4/2021 5:45P-6:45P $18.00/Per Head $12.00/Per Head $6.00/Per Head 1516-B Storybook Cooks: Peter Rabbit 3/18/2021 3/18/2021 5:45P-6:45P $18.00/Per Head $12.00/Per Head $6.00/Per Head 2518-A Storybook Cooks for Tweens: Cupcake "Wars"4/15/2021 4/15/2021 5:45P-7:45P $36.00/Per Head $30.00/Per Head $6.00/Per Head 2519-A Storybook Cooks for Tweens: Sweets and Treats 5/13/2021 5/13/2021 5:45P-7:45P $36.00/Per Head $30.00/Per Head $6.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Jennifer Colombo 1526-A Music & Movement w/ Miss Jennifer 2/2/2021 2/23/2021 5:45P-6:30P $44.00/Per Head $34.00/Per Head $10.00/Per Head 1526-B Music & Movement w/ Miss Jennifer 3/2/2021 3/23/2021 5:45P-6:30P $44.00/Per Head $34.00/Per Head $10.00/Per Head 2526-A Music & Movement w/ Miss Jennifer 4/6/2021 4/27/2021 5:45P-6:30P $44.00/Per Head $34.00/Per Head $10.00/Per Head 2527-A Cinco De Mayo Celebration w/ Miss Jennifer/Iron Rec.5/5/2021 5/5/2021 5:45P-6:30P $10.00/Per Head $5.00/Per Head $5.00/Per Head 2528-A World Music Day Celebration 6/21/2021 6/21/2021 5:30P-6:15P $9.00/Per Head $7.00/Per Head $2.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Randy Crudup 1239-A Tiny Panthers Kids Karate 2/2/2021 2/23/2021 5:30P-6:00P $30.00/Per Head $21.00/Per Head $9.00/Per Head 1239-B Tiny Panthers Kids Karate 2/6/2021 2/27/2021 10:00A-10:30A $30.00/Per Head $21.00/Per Head $9.00/Per Head 1239-C Tiny Panthers Kids Karate 3/2/2021 3/23/2021 5:30P-6:00P $30.00/Per Head $21.00/Per Head $9.00/Per Head 1239-D Tiny Panthers Kids Karate 3/6/2021 3/27/2021 10:00A-10:30A $30.00/Per Head $21.00/Per Head $9.00/Per Head 1240-A Panthers Kids Karate 2/2/2021 2/23/2021 5:30P-6:00P $30.00/Per Head $21.00/Per Head $9.00/Per Head 1240-B Panthers Kids Karate 2/6/2021 2/27/2021 10:00A-10:30A $30.00/Per Head $21.00/Per Head $9.00/Per Head 1240-C Panthers Kids Karate 3/2/2021 3/23/2021 5:30P-6:00P $30.00/Per Head $21.00/Per Head $9.00/Per Head 1240-D Panthers Kids Karate 3/6/2021 3/27/2021 10:00A-10:30A $30.00/Per Head $21.00/Per Head $9.00/Per Head 2239-A Tiny Panthers Kids Karate 4/3/2021 4/24/2021 10:00A-10:30A $30.00/Per Head $21.00/Per Head $9.00/Per Head 2239-B Tiny Panthers Kids Karate 4/6/2021 4/27/2021 5:30P-6:00P $30.00/Per Head $21.00/Per Head $9.00/Per Head 2239-C Tiny Panthers Kids Karate 5/1/2021 5/22/2021 10:00A-10:30A $30.00/Per Head $21.00/Per Head $9.00/Per Head 2239-D Tiny Panthers Kids Karate 5/4/2021 5/25/2021 5:30P-6:00P $30.00/Per Head $21.00/Per Head $9.00/Per Head 2240-A Panthers Kids Karate 4/3/2021 4/24/2021 10:00A-10:30A $30.00/Per Head $21.00/Per Head $9.00/Per Head 2240-B Panthers Kids Karate 4/6/2021 4/27/2021 5:30P-6:00P $30.00/Per Head $21.00/Per Head $9.00/Per Head 2240-C Panthers Kids Karate 5/1/2021 5/22/2021 10:00A-10:30A $30.00/Per Head $21.00/Per Head $9.00/Per Head 2240-D Panthers Kids Karate 5/4/2021 5/25/2021 5:30P-6:00P $30.00/Per Head $21.00/Per Head $9.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Shelancia Daniels 1947-A Creativity Challenge Club 2/2/2021 2/23/2021 5:30P-6:30P $65.00/Per Head $50.00/Per Head $15.00/Per Head The Creativity Shell 1948-A Creative Critters Club 2/3/2021 2/3/2021 5:30P-6:30P $65.00/Per Head $50.00/Per Head $15.00/Per Head 1949-A Mommy/Guardian and Me Sewing 2/4/2021 2/25/2021 5:30P-6:30P $65.00/Per Head $50.00/Per Head $15.00/Per Head 2947-A Creativity Challenge Club 4/6/2021 4/27/2021 5:30P-6:30P $65.00/Per Head $50.00/Per Head $15.00/Per Head 2948-A Creative Critters Club 4/7/2021 4/28/2021 5:30P-6:30P $65.00/Per Head $50.00/Per Head $15.00/Per Head 2949-A Mommy/Guardian and Me Sewing 4/8/2021 4/29/2021 5:30P-6:30P $65.00/Per Head $50.00/Per Head $15.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Nora Doebrich 1750-A Loving Family Yoga 2/11/2021 2/11/2021 6:00P-6:45P $13.00/Pair $3.00 additional person $10.00/Pair $3.00 additional person $3.00/Pair $0.00 additional person Flower City Yoga 1751-A Kids Yoga 3/1/2021 4/5/2021 6:25P-7:10P $67/Per Head $60/Per Head $7.00/Per Head 1751-A Toddler Yoga & Storytime 3/1/2021 4/5/2021 5:30P-6:15P $67/Per Head $60/Per Head $7.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Icon Production LLC 2220-A Little Kickers Soccer 3-4 yrs.4/20/2021 5/11/2021 6:15P-6:45P $48.00/Per Head $33.00/Per Head $15.00/Per Head 2220-B Little Kickers Soccer 5-6 yrs.4/20/2021 5/11/2021 6:15P-7:00P $54.00/Per Head $37.00/Per Head $17.00/Per Head 2220-C Little Kickers Soccer 7-9 yrs. 4/20/2021 5/11/2021 7:15P-8:00P $54.00/Per Head $37.00/Per Head $17.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Carol Lang 5102-A Fitness Yoga I 2/9/2021 4/27/2021 8:00A-9:00A $55.00/Per Head - 1 Day wk $95.00/Per Head - 2 days wk $44.00/Per Head - 1 Day wk $76.00/Per Head - 2 days wk $11.00/Per Head - 1 Day wk $19.00/Per Head - 2 days wk 5102-B Fitness Yoga I 2/11/2021 4/29/2021 8:00A-9:00A $55.00/Per Head - 1 Day wk $95.00/Per Head - 2 days wk $44.00/Per Head - 1 Day wk $76.00/Per Head - 2 days wk $11.00/Per Head - 1 Day wk $19.00/Per Head - 2 days wk 5107-A Motion Promotion 2/9/2021 4/27/2021 10:10A-11:10A $50.00/Per Head - 1 Day wk $65.00/Per Head - 2 days wk $40.00/Per Head - 1 Day wk $52.00/Per Head - 2 days wk $10.00/Per Head - 1 Day wk $13.00/Per Head - 2 days wk 5107-B Motion Promotion 2/11/2021 4/29/2021 10:10A-11:10A $50.00/Per Head - 1 Day wk $65.00/Per Head - 2 days wk $40.00/Per Head - 1 Day wk $52.00/Per Head - 2 days wk $10.00/Per Head - 1 Day wk $13.00/Per Head - 2 days wk 5110-A Morning Cardio with Carol 2/12/2021 5/7/2021 8:00A-9:00A $65.00/Per Head $52.00/Per Head $13.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Cyndi Lovejoy 1200-A Boogie Babies 2/8/2021 3/8/2021 9:30A-10:00A $40.00/Per Head $32.00/Per Head $8.00/Per Head Stretch and Grow 1200-B Boogie Babies 3/22/2021 4/12/2021 9:30A-10:00A $40.00/Per Head $32.00/Per Head $8.00/Per Head 1208-A Basic Ballet: Forever Frozen 2/4/2021 3/11/2021 6:10P-6:55P $60.00/Per Head $54.00/Per Head $6.00/Per Head 1212-A Ballet & Jazz: Musical Magic 2/3/2021 3/10/2021 7:00P-7:45P $60.00/Per Head $54.00/Per Head $6.00/Per Head 1213-A Intro to Dance & Movement 2/3/2021 2/24/2021 5:30P-6:00P $44.00/Per Head $32.00/Per Head $12.00/Per Head 1213-B Intro to Dance & Movement 3/10/2021 3/31/2021 5:30P-6:00P $44.00/Per Head $32.00/Per Head $12.00/Per Head 1214-A Friday Morning Mixer (6 classes) 2/12/2021 4/30/2021 9:45A-10:30A $57.00/Per Head $45.00/Per Head $12.00/Per Head 1214-B Friday Morning Mixer 2/12/2021 2/12/2021 9:45A-10:30A $10.00/Per Head $7.50/Per Head $2.50/Per Head 1214-C Friday Morning Mixer 2/26/2021 2/26/2021 9:45A-10:30A $10.00/Per Head $7.50/Per Head $2.50/Per Head 1214-D Friday Morning Mixer 3/12/2021 3/12/2021 9:45A-10:30A $10.00/Per Head $7.50/Per Head $2.50/Per Head 1214-E Friday Morning Mixer 3/26/2021 3/26/2021 9:45A-10:30A $10.00/Per Head $7.50/Per Head $2.50/Per Head 1216-A Tumble Tots (18 mos.-3 yrs)2/8/2021 3/8/2021 10:15A-11:00A $40.00/Per Head $32.00/Per Head $8.00/Per Head 1216-B Tumble Tots (4&5yrs) 2/8/2021 3/8/2021 11:15A-!2:00P $40.00/Per Head $32.00/Per Head $8.00/Per Head 1216-C Tumble Tots (18 mos.-3 yrs)3/22/2021 4/12/2021 10:15A-11:00A $40.00/Per Head $32.00/Per Head $8.00/Per Head 1216-D Tumble Tots (4&5yrs) 3/22/2021 4/12/2021 11:15A-!2:00P $40.00/Per Head $32.00/Per Head $8.00/Per Head 2101-A Trolls Dance Party 4/1/2021 4/1/2021 6:00P-7:00P $10.00/Per Head $7.00/Per Head $3.00/Per Head 2200-A Boogie Babies 4/26/2021 5/17/2021 9:30A-10:00A $40.00/Per Head $32.00/Per Head $8.00/Per Head 2202-A Girl Power! Cheer Squad 4/20/2021 5/11/2021 6:20P-7:05P $49.00/Per Head $36.00/Per Head $13.00/Per Head 2205-A Camp Fit: Obstacles and Games 4/20/2021 5/11/2021 5:30P-6:15P $49.00/Per Head $36.00/Per Head $13.00/Per Head 2208-A Basic Ballet: Fairies and Flowers 4/8/2021 5/13/2021 6:10P-6:55P $60.00/Per Head $54.00/Per Head $6.00/Per Head 2212-A Ballet & Jazz: Musical Magic 4/7/2021 5/12/2021 7:00P-7:45P $60.00/Per Head $54.00/Per Head $6.00/Per Head 2213-A Intro to Dance & Movement: Troll Party 4/14/2021 5/5/2021 5:30P-6:00P $44.00/Per Head $32.00/Per Head $12.00/Per Head 2214-A Friday Morning Mixer 4/9/2021 4/9/2021 9:45A-10:30A $10.00/Per Head $7.50/Per Head $2.50/Per Head 2214-B Friday Morning Mixer 4/30/2021 4/30/2021 9:45A-10:30A $10.00/Per Head $7.50/Per Head $2.50/Per Head 2216-A Tumble Tots (18 mos.-3 yrs)4/26/2021 5/17/2021 10:15A-11:00A $40.00/Per Head $32.00/Per Head $8.00/Per Head 2216-B Tumble Tots (4&5yrs) 4/26/2021 5/17/2021 11:15A-!2:00P $40.00/Per Head $32.00/Per Head $8.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Collavani McLeod 1319-A Jewelry Designing 2/10/2021 2/10/2021 5:45P-6:45P $30.00/Per Head $25.00/Per Head $5.00/Per Head Coloring on Canvas 1319-B Jewelry Designing 3/10/2021 3/10/2021 5:45P-6:45P $30.00/Per Head $25.00/Per Head $5.00/Per Head 1324-A Coloring on Canvas 1/27/2021 1/27/2021 5:45P-6:45P $18.00/Per Head $15.00/Per Head $3.00/Per Head 1327-A Making Miniatures 3/3/2021 3/3/2021 5:45P-6:45P $32.00/Per Head $25.00/Per Head $7.00/Per Head 1328-A Polymer Clay Charms 2/24/2021 2/24/2021 5:45P-6:45P $27.00/Per Head $20.00/Per Head $7.00/Per Head 1329-A Family Art Night (Per Person)3/31/2021 3/31/2021 5:30P-6:30P $18.00/Per Head $15.00/Per Head $3.00/Per Head 1329-B Family Art Night (Per Pair)3/31/2021 3/31/2021 5:30P-6:30P $28.00/Per Pair $25.00/Per Pair $3.00/Per Pair 2319-A Jewelry Designing 4/14/2021 4/14/2021 5:45P-6:45P $30.00/Per Head $25.00/Per Head $5.00/Per Head 2326-A Mother's Day Jewelry Designing 5/5/2021 5/5/2021 5:45P-6:45P $30.00/Per Head $25.00/Per Head $5.00/Per Head 2328-A Polymer Clay Charms 4/7/2021 4/7/2021 5:45P-6:45P $27.00/Per Head $20.00/Per Head $7.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Sarah Otis 5104-A Tai Chi 1/11/2021 3/8/2021 10:00A-11:00A $20.00/Per Head $15.00/Per Head $5.00/Per Head Lifespan of Greater Rochester 5224-A Matter of Balance 3/18/2021 5/6/2021 10:00A-12:00P $20.00/Per Head $15.00/Per Head $5.00/Per Head 5125-A Aging Masterly 2/2/2021 4/6/2021 1:00P-2:30P $20.00/Per Head $15.00/Per Head $5.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Samantha Richards 1203-A Lucky Leprechaun Zumba Family Night 3/11/2021 3/11/2021 5:45P-6:45P $7.00/Per Head $5.00/Per Head $2.00/Per Head 1109-A Galentine's Day Cupid Cardio Dance Party 2/11/2021 2/11/2021 5:45P-6:45P $7.00/Per Head $5.00/Per Head $2.00/Per Head 5005-A High Energy Cardio Dance 2/1/2021 3/15/2021 6:15P-7:00P $59.00/Per Head $48.00/Per Head $11.00/Per Head 5031-A High Energy Cardio Dance 3/22/2021 4/26/2021 6:15P-7:00P $59.00/Per Head $48.00/Per Head $11.00/Per Head 5117-A Rise and Shine Cardio Dance 1/13/2021 3/17/2021 8:30A-9:30A $50.00/Per Head $37.00/Per Head $13.00/Per Head 5217-A Rise and Shine Cardio Dance 3/24/2021 5/26/2021 8:30A-9:30A $50.00/Per Head $37.00/Per Head $13.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Elaine Spaul 2702-A Wilderness Tikes 3/25/2021 4/29/2021 3:30P-5:00P $106.00/Per Head $90.00/Per Head $16.00/Per Head Earthworks 2703-A Nature Leaders 3/22/2021 4/26/2021 3:30P-5:00P $106.00/Per Head $90.00/Per Head $16.00/Per Head 2704-A Family Wilderness Workshop-Adult 5/15/2021 5/15/2021 10:00A-12:00P $10.00/Per Head $8.00/Per Head $2.00/Per Head 2704-B Family Wilderness Workshop-Child 5/15/2021 5/15/2021 10:00A-12:00P $5.00/Per Head $4.00/Per Head $1.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Strike Back Martial Arts LLC 1230-A Jujitsu Buddies Level 1 (AM)1/23/2021 3/27/2021 10:15A-11:00A $180.00/Per Head $175.00/Per Head $5.00/Per Head 1230-B Jujitsu Buddies Level 1 (PM)1/23/2021 3/27/2021 12:15P-1:00P $180.00/Per Head $175.00/Per Head $5.00/Per Head 1231-A Jujitsu Buddies Level 2 1/23/2021 3/27/2021 11:15A-12:00P $180.00/Per Head $175.00/Per Head $5.00/Per Head 1232-A Junior Jujitsu-January 1/2/2021 1/30/2021 9:00A-10:00A $90.00/Per Head $85.00/Per Head $5.00/Per Head 1232-B Junior Jujitsu - February 2/6/2021 2/27/2021 9:00A-10:00A $90.00/Per Head $85.00/Per Head $5.00/Per Head 1232-C Junior Jujitsu-March 3/6/2021 3/27/2021 9:00A-10:00A $90.00/Per Head $85.00/Per Head $5.00/Per Head 1233-A No Gi Jujitsu-January 1/5/2021 1/26/2021 6:00P-6:45P $110.00/Per Head $105.00/Per Head $5.00/Per Head 1233-B No Gi Jujitsu-February 2/2/2021 2/23/2021 6:00P-6:45P $110.00/Per Head $105.00/Per Head $5.00/Per Head 1233-C No Gi Jujitsu-March 3/2/2021 3/30/2021 6:00P-6:45P $110.00/Per Head $105.00/Per Head $5.00/Per Head 1234-A Strike Fit Teens - January 1/4/2021 1/25/2021 6:00P-6:45P $110.00/Per Head $105.00/Per Head $5.00/Per Head 1234-B Strike Fit Teens - February 2/1/2021 2/22/2021 6:00P-6:45P $110.00/Per Head $105.00/Per Head $5.00/Per Head 1234-C Strike Fit Teens - March 3/1/2021 3/29/2021 6:00P-6:45P $110.00/Per Head $105.00/Per Head $5.00/Per Head 2230-A Jujitsu Buddies Level 1 (AM)4/17/2021 6/19/2021 10:15A-11:00A $180.00/Per Head $175.00/Per Head $5.00/Per Head 2230-B Jujitsu Buddies Level 1 (PM)4/17/2021 6/19/2021 12:15P-1:00P $180.00/Per Head $175.00/Per Head $5.00/Per Head 2231-A Jujitsu Buddies Level 2 4/17/2021 6/19/2021 11:15A-12:00P $180.00/Per Head $175.00/Per Head $5.00/Per Head 2232-A Junior Jujitsu-April 4/3/2021 4/24/2021 9:00A-10:00A $90.00/Per Head $85.00/Per Head $5.00/Per Head 2232-B Junior Jujitsu-May 5/1/2021 5/29/2021 9:00A-10:00A $90.00/Per Head $85.00/Per Head $5.00/Per Head 2233-A No Gi Jujitsu-April 4/6/2021 4/27/2021 6:00P-6:45P $110.00/Per Head $105.00/Per Head $5.00/Per Head 2233-B No Gi Jujitsu-May 5/4/2021 5/25/2021 6:00P-6:45P $110.00/Per Head $105.00/Per Head $5.00/Per Head 2234-A Strike Fit Teens - April 4/5/2021 4/26/2021 6:00P-6:45P $110.00/Per Head $105.00/Per Head $5.00/Per Head 2234-B Strike Fit Teens - May 5/3/2021 5/24/2021 6:00P-6:45P $110.00/Per Head $105.00/Per Head $5.00/Per Head 5116-A Adult Jujitsu-Jan.1/5/2021 1/26/2021 7:00P-8:15P $90.00/Per Head $85.00/Per Head $5.00/Per Head 5116-B Adult Jujitsu-Feb.2/2/2021 2/23/2021 7:00P-8:15P $90.00/Per Head $85.00/Per Head $5.00/Per Head 5116-C Adult Jujitsu-March 3/2/2021 3/30/2021 7:00P-8:15P $90.00/Per Head $85.00/Per Head $5.00/Per Head 5216-A Adult Jujitsu-April 4/6/2021 4/27/2021 7:00P-8:15P $90.00/Per Head $85.00/Per Head $5.00/Per Head 5216-B Adult Jujitsu-May 5/4/2021 5/25/2021 7:00P-8:15P $90.00/Per Head $85.00/Per Head $5.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Scarlett Webb 1971-A Mad Science of WNY: Detective Science 2/22/2021 2/22/2021 4:00P-5:00P $18.00/Per Head $15.00/Per Head $3.00/Per Head Mad Science of Western NY 1972-A Mad Science of WNY: Space Technology 3/24/2021 3/24/2021 6:00P-7:00P $18.00/Per Head $15.00/Per Head $3.00/Per Head 2973-A Mad Science of WNY: pH Phactors 4/6/2021 4/6/2021 6:00P-7:00P $18.00/Per Head $15.00/Per Head $3.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Womba African Drumming 2311-A African Drumming - Parent/Child (4 classes)4/19/2021 5/10/2021 12:30P-1:15P $85.00/Per Head $80.00/Per Head $5.00/Per Head 2311-B African Drumming - Parent Child 4/19/2021 4/19/2021 12:30P-1:15P $22.00/Per Head $20.00/Per Head $2.00/Per Head 2311-C African Drumming - Parent Child 4/26/2021 4/26/2021 12:30P-1:15P $22.00/Per Head $20.00/Per Head $2.00/Per Head 2311-D African Drumming - Parent Child 5/3/2021 5/3/2021 12:30P-1:15P $22.00/Per Head $20.00/Per Head $2.00/Per Head 2311-E African Drumming - Parent Child 5/10/2021 5/10/2021 12:30P-1:15P $22.00/Per Head $20.00/Per Head $2.00/Per Head 5032-A African Drumming - Adult (4 classes)4/19/2021 5/10/2021 1:30P-2:15P $85.00/Per Head $80.00/Per Head $5.00/Per Head 5032-B African Drumming - Adult 4/19/2021 4/19/2021 1:30P-2:15P $22.00/Per Head $20.00/Per Head $2.00/Per Head 5032-C African Drumming - Adult 4/26/2021 4/26/2021 1:30P-2:15P $22.00/Per Head $20.00/Per Head $2.00/Per Head 5032-D African Drumming - Adult 5/3/2021 5/3/2021 1:30P-2:15P $22.00/Per Head $20.00/Per Head $2.00/Per Head 5032-E African Drumming - Adult 5/10/2021 5/10/2021 1:30P-2:15P $22.00/Per Head $20.00/Per Head $2.00/Per Head Youth, Family, Adult, and Senior Recreational Program Instructor Payouts -Winter/Spring 2021 - Addendum "B" Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Elizabeth Bauld 1514-A Storybook Cooks: The Mitten 1/21/2021 1/21/2021 5:45P-6:45P $18.00/Per Head $12.00/Per Head $6.00/Per Head Storybook Cooks 1515-A Storybook Cooks: The Kissing Hand 2/4/2021 2/4/2021 5:45P-6:45P $18.00/Per Head $12.00/Per Head $6.00/Per Head 1515-B Storybook Cooks: Dragons Love Tacos 2/18/2021 2/18/2021 5:45P-6:45P $18.00/Per Head $12.00/Per Head $6.00/Per Head 1516-A Storybook Cooks: How to Catch a Leprechaun 3/4/2021 3/4/2021 5:45P-6:45P $18.00/Per Head $12.00/Per Head $6.00/Per Head 1516-B Storybook Cooks: Peter Rabbit 3/18/2021 3/18/2021 5:45P-6:45P $18.00/Per Head $12.00/Per Head $6.00/Per Head 2518-A Storybook Cooks for Tweens: Cupcake "Wars"4/15/2021 4/15/2021 5:45P-7:45P $36.00/Per Head $30.00/Per Head $6.00/Per Head 2519-A Storybook Cooks for Tweens: Sweets and Treats 5/13/2021 5/13/2021 5:45P-7:45P $36.00/Per Head $30.00/Per Head $6.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Jennifer Colombo 1526-A Music & Movement w/ Miss Jennifer 2/2/2021 2/23/2021 5:45P-6:30P $44.00/Per Head $34.00/Per Head $10.00/Per Head 1526-B Music & Movement w/ Miss Jennifer 3/2/2021 3/23/2021 5:45P-6:30P $44.00/Per Head $34.00/Per Head $10.00/Per Head 2526-A Music & Movement w/ Miss Jennifer 4/6/2021 4/27/2021 5:45P-6:30P $44.00/Per Head $34.00/Per Head $10.00/Per Head 2527-A Cinco De Mayo Celebration w/ Miss Jennifer/Iron Rec.5/5/2021 5/5/2021 5:45P-6:30P $10.00/Per Head $5.00/Per Head $5.00/Per Head 2528-A World Music Day Celebration 6/21/2021 6/21/2021 5:30P-6:15P $9.00/Per Head $7.00/Per Head $2.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Randy Crudup 1239-A Tiny Panthers Kids Karate 2/2/2021 2/23/2021 5:30P-6:00P $30.00/Per Head $21.00/Per Head $9.00/Per Head 1239-B Tiny Panthers Kids Karate 2/6/2021 2/27/2021 10:00A-10:30A $30.00/Per Head $21.00/Per Head $9.00/Per Head 1239-C Tiny Panthers Kids Karate 3/2/2021 3/23/2021 5:30P-6:00P $30.00/Per Head $21.00/Per Head $9.00/Per Head 1239-D Tiny Panthers Kids Karate 3/6/2021 3/27/2021 10:00A-10:30A $30.00/Per Head $21.00/Per Head $9.00/Per Head 1240-A Panthers Kids Karate 2/2/2021 2/23/2021 5:30P-6:00P $30.00/Per Head $21.00/Per Head $9.00/Per Head 1240-B Panthers Kids Karate 2/6/2021 2/27/2021 10:00A-10:30A $30.00/Per Head $21.00/Per Head $9.00/Per Head 1240-C Panthers Kids Karate 3/2/2021 3/23/2021 5:30P-6:00P $30.00/Per Head $21.00/Per Head $9.00/Per Head 1240-D Panthers Kids Karate 3/6/2021 3/27/2021 10:00A-10:30A $30.00/Per Head $21.00/Per Head $9.00/Per Head 2239-A Tiny Panthers Kids Karate 4/3/2021 4/24/2021 10:00A-10:30A $30.00/Per Head $21.00/Per Head $9.00/Per Head 2239-B Tiny Panthers Kids Karate 4/6/2021 4/27/2021 5:30P-6:00P $30.00/Per Head $21.00/Per Head $9.00/Per Head 2239-C Tiny Panthers Kids Karate 5/1/2021 5/22/2021 10:00A-10:30A $30.00/Per Head $21.00/Per Head $9.00/Per Head 2239-D Tiny Panthers Kids Karate 5/4/2021 5/25/2021 5:30P-6:00P $30.00/Per Head $21.00/Per Head $9.00/Per Head 2240-A Panthers Kids Karate 4/3/2021 4/24/2021 10:00A-10:30A $30.00/Per Head $21.00/Per Head $9.00/Per Head 2240-B Panthers Kids Karate 4/6/2021 4/27/2021 5:30P-6:00P $30.00/Per Head $21.00/Per Head $9.00/Per Head 2240-C Panthers Kids Karate 5/1/2021 5/22/2021 10:00A-10:30A $30.00/Per Head $21.00/Per Head $9.00/Per Head 2240-D Panthers Kids Karate 5/4/2021 5/25/2021 5:30P-6:00P $30.00/Per Head $21.00/Per Head $9.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Shelancia Daniels 1947-A Creativity Challenge Club 2/2/2021 2/23/2021 5:30P-6:30P $65.00/Per Head $50.00/Per Head $15.00/Per Head The Creativity Shell 1948-A Creative Critters Club 2/3/2021 2/3/2021 5:30P-6:30P $65.00/Per Head $50.00/Per Head $15.00/Per Head 1949-A Mommy/Guardian and Me Sewing 2/4/2021 2/25/2021 5:30P-6:30P $65.00/Per Head $50.00/Per Head $15.00/Per Head 2947-A Creativity Challenge Club 4/6/2021 4/27/2021 5:30P-6:30P $65.00/Per Head $50.00/Per Head $15.00/Per Head 2948-A Creative Critters Club 4/7/2021 4/28/2021 5:30P-6:30P $65.00/Per Head $50.00/Per Head $15.00/Per Head 2949-A Mommy/Guardian and Me Sewing 4/8/2021 4/29/2021 5:30P-6:30P $65.00/Per Head $50.00/Per Head $15.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Nora Doebrich 1750-A Loving Family Yoga 2/11/2021 2/11/2021 6:00P-6:45P $13.00/Pair $3.00 additional person $10.00/Pair $3.00 additional person $3.00/Pair $0.00 additional person Flower City Yoga 1751-A Kids Yoga 3/1/2021 4/5/2021 6:25P-7:10P $67/Per Head $60/Per Head $7.00/Per Head 1751-A Toddler Yoga & Storytime 3/1/2021 4/5/2021 5:30P-6:15P $67/Per Head $60/Per Head $7.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Icon Production LLC 2220-A Little Kickers Soccer 3-4 yrs.4/20/2021 5/11/2021 6:15P-6:45P $48.00/Per Head $33.00/Per Head $15.00/Per Head 2220-B Little Kickers Soccer 5-6 yrs.4/20/2021 5/11/2021 6:15P-7:00P $54.00/Per Head $37.00/Per Head $17.00/Per Head 2220-C Little Kickers Soccer 7-9 yrs. 4/20/2021 5/11/2021 7:15P-8:00P $54.00/Per Head $37.00/Per Head $17.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Carol Lang 5102-A Fitness Yoga I 2/9/2021 4/27/2021 8:00A-9:00A $55.00/Per Head - 1 Day wk $95.00/Per Head - 2 days wk $44.00/Per Head - 1 Day wk $76.00/Per Head - 2 days wk $11.00/Per Head - 1 Day wk $19.00/Per Head - 2 days wk 5102-B Fitness Yoga I 2/11/2021 4/29/2021 8:00A-9:00A $55.00/Per Head - 1 Day wk $95.00/Per Head - 2 days wk $44.00/Per Head - 1 Day wk $76.00/Per Head - 2 days wk $11.00/Per Head - 1 Day wk $19.00/Per Head - 2 days wk 5107-A Motion Promotion 2/9/2021 4/27/2021 10:10A-11:10A $50.00/Per Head - 1 Day wk $65.00/Per Head - 2 days wk $40.00/Per Head - 1 Day wk $52.00/Per Head - 2 days wk $10.00/Per Head - 1 Day wk $13.00/Per Head - 2 days wk 5107-B Motion Promotion 2/11/2021 4/29/2021 10:10A-11:10A $50.00/Per Head - 1 Day wk $65.00/Per Head - 2 days wk $40.00/Per Head - 1 Day wk $52.00/Per Head - 2 days wk $10.00/Per Head - 1 Day wk $13.00/Per Head - 2 days wk 5110-A Morning Cardio with Carol 2/12/2021 5/7/2021 8:00A-9:00A $65.00/Per Head $52.00/Per Head $13.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Cyndi Lovejoy 1200-A Boogie Babies 2/8/2021 3/8/2021 9:30A-10:00A $40.00/Per Head $32.00/Per Head $8.00/Per Head Stretch and Grow 1200-B Boogie Babies 3/22/2021 4/12/2021 9:30A-10:00A $40.00/Per Head $32.00/Per Head $8.00/Per Head 1208-A Basic Ballet: Forever Frozen 2/4/2021 3/11/2021 6:10P-6:55P $60.00/Per Head $54.00/Per Head $6.00/Per Head 1212-A Ballet & Jazz: Musical Magic 2/3/2021 3/10/2021 7:00P-7:45P $60.00/Per Head $54.00/Per Head $6.00/Per Head 1213-A Intro to Dance & Movement 2/3/2021 2/24/2021 5:30P-6:00P $44.00/Per Head $32.00/Per Head $12.00/Per Head 1213-B Intro to Dance & Movement 3/10/2021 3/31/2021 5:30P-6:00P $44.00/Per Head $32.00/Per Head $12.00/Per Head 1214-A Friday Morning Mixer (6 classes) 2/12/2021 4/30/2021 9:45A-10:30A $57.00/Per Head $45.00/Per Head $12.00/Per Head 1214-B Friday Morning Mixer 2/12/2021 2/12/2021 9:45A-10:30A $10.00/Per Head $7.50/Per Head $2.50/Per Head 1214-C Friday Morning Mixer 2/26/2021 2/26/2021 9:45A-10:30A $10.00/Per Head $7.50/Per Head $2.50/Per Head 1214-D Friday Morning Mixer 3/12/2021 3/12/2021 9:45A-10:30A $10.00/Per Head $7.50/Per Head $2.50/Per Head 1214-E Friday Morning Mixer 3/26/2021 3/26/2021 9:45A-10:30A $10.00/Per Head $7.50/Per Head $2.50/Per Head 1216-A Tumble Tots (18 mos.-3 yrs)2/8/2021 3/8/2021 10:15A-11:00A $40.00/Per Head $32.00/Per Head $8.00/Per Head 1216-B Tumble Tots (4&5yrs) 2/8/2021 3/8/2021 11:15A-!2:00P $40.00/Per Head $32.00/Per Head $8.00/Per Head 1216-C Tumble Tots (18 mos.-3 yrs)3/22/2021 4/12/2021 10:15A-11:00A $40.00/Per Head $32.00/Per Head $8.00/Per Head 1216-D Tumble Tots (4&5yrs) 3/22/2021 4/12/2021 11:15A-!2:00P $40.00/Per Head $32.00/Per Head $8.00/Per Head 2101-A Trolls Dance Party 4/1/2021 4/1/2021 6:00P-7:00P $10.00/Per Head $7.00/Per Head $3.00/Per Head 2200-A Boogie Babies 4/26/2021 5/17/2021 9:30A-10:00A $40.00/Per Head $32.00/Per Head $8.00/Per Head 2202-A Girl Power! Cheer Squad 4/20/2021 5/11/2021 6:20P-7:05P $49.00/Per Head $36.00/Per Head $13.00/Per Head 2205-A Camp Fit: Obstacles and Games 4/20/2021 5/11/2021 5:30P-6:15P $49.00/Per Head $36.00/Per Head $13.00/Per Head 2208-A Basic Ballet: Fairies and Flowers 4/8/2021 5/13/2021 6:10P-6:55P $60.00/Per Head $54.00/Per Head $6.00/Per Head 2212-A Ballet & Jazz: Musical Magic 4/7/2021 5/12/2021 7:00P-7:45P $60.00/Per Head $54.00/Per Head $6.00/Per Head 2213-A Intro to Dance & Movement: Troll Party 4/14/2021 5/5/2021 5:30P-6:00P $44.00/Per Head $32.00/Per Head $12.00/Per Head 2214-A Friday Morning Mixer 4/9/2021 4/9/2021 9:45A-10:30A $10.00/Per Head $7.50/Per Head $2.50/Per Head 2214-B Friday Morning Mixer 4/30/2021 4/30/2021 9:45A-10:30A $10.00/Per Head $7.50/Per Head $2.50/Per Head 2216-A Tumble Tots (18 mos.-3 yrs)4/26/2021 5/17/2021 10:15A-11:00A $40.00/Per Head $32.00/Per Head $8.00/Per Head 2216-B Tumble Tots (4&5yrs) 4/26/2021 5/17/2021 11:15A-!2:00P $40.00/Per Head $32.00/Per Head $8.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Collavani McLeod 1319-A Jewelry Designing 2/10/2021 2/10/2021 5:45P-6:45P $30.00/Per Head $25.00/Per Head $5.00/Per Head Coloring on Canvas 1319-B Jewelry Designing 3/10/2021 3/10/2021 5:45P-6:45P $30.00/Per Head $25.00/Per Head $5.00/Per Head 1324-A Coloring on Canvas 1/27/2021 1/27/2021 5:45P-6:45P $18.00/Per Head $15.00/Per Head $3.00/Per Head 1327-A Making Miniatures 3/3/2021 3/3/2021 5:45P-6:45P $32.00/Per Head $25.00/Per Head $7.00/Per Head 1328-A Polymer Clay Charms 2/24/2021 2/24/2021 5:45P-6:45P $27.00/Per Head $20.00/Per Head $7.00/Per Head 1329-A Family Art Night (Per Person)3/31/2021 3/31/2021 5:30P-6:30P $18.00/Per Head $15.00/Per Head $3.00/Per Head 1329-B Family Art Night (Per Pair)3/31/2021 3/31/2021 5:30P-6:30P $28.00/Per Pair $25.00/Per Pair $3.00/Per Pair 2319-A Jewelry Designing 4/14/2021 4/14/2021 5:45P-6:45P $30.00/Per Head $25.00/Per Head $5.00/Per Head 2326-A Mother's Day Jewelry Designing 5/5/2021 5/5/2021 5:45P-6:45P $30.00/Per Head $25.00/Per Head $5.00/Per Head 2328-A Polymer Clay Charms 4/7/2021 4/7/2021 5:45P-6:45P $27.00/Per Head $20.00/Per Head $7.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Sarah Otis 5104-A Tai Chi 1/11/2021 3/8/2021 10:00A-11:00A $20.00/Per Head $15.00/Per Head $5.00/Per Head Lifespan of Greater Rochester 5224-A Matter of Balance 3/18/2021 5/6/2021 10:00A-12:00P $20.00/Per Head $15.00/Per Head $5.00/Per Head 5125-A Aging Masterly 2/2/2021 4/6/2021 1:00P-2:30P $20.00/Per Head $15.00/Per Head $5.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Samantha Richards 1203-A Lucky Leprechaun Zumba Family Night 3/11/2021 3/11/2021 5:45P-6:45P $7.00/Per Head $5.00/Per Head $2.00/Per Head 1109-A Galentine's Day Cupid Cardio Dance Party 2/11/2021 2/11/2021 5:45P-6:45P $7.00/Per Head $5.00/Per Head $2.00/Per Head 5005-A High Energy Cardio Dance 2/1/2021 3/15/2021 6:15P-7:00P $59.00/Per Head $48.00/Per Head $11.00/Per Head 5031-A High Energy Cardio Dance 3/22/2021 4/26/2021 6:15P-7:00P $59.00/Per Head $48.00/Per Head $11.00/Per Head 5117-A Rise and Shine Cardio Dance 1/13/2021 3/17/2021 8:30A-9:30A $50.00/Per Head $37.00/Per Head $13.00/Per Head 5217-A Rise and Shine Cardio Dance 3/24/2021 5/26/2021 8:30A-9:30A $50.00/Per Head $37.00/Per Head $13.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Elaine Spaul 2702-A Wilderness Tikes 3/25/2021 4/29/2021 3:30P-5:00P $106.00/Per Head $90.00/Per Head $16.00/Per Head Earthworks 2703-A Nature Leaders 3/22/2021 4/26/2021 3:30P-5:00P $106.00/Per Head $90.00/Per Head $16.00/Per Head 2704-A Family Wilderness Workshop-Adult 5/15/2021 5/15/2021 10:00A-12:00P $10.00/Per Head $8.00/Per Head $2.00/Per Head 2704-B Family Wilderness Workshop-Child 5/15/2021 5/15/2021 10:00A-12:00P $5.00/Per Head $4.00/Per Head $1.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Strike Back Martial Arts LLC 1230-A Jujitsu Buddies Level 1 (AM)1/23/2021 3/27/2021 10:15A-11:00A $180.00/Per Head $175.00/Per Head $5.00/Per Head 1230-B Jujitsu Buddies Level 1 (PM)1/23/2021 3/27/2021 12:15P-1:00P $180.00/Per Head $175.00/Per Head $5.00/Per Head 1231-A Jujitsu Buddies Level 2 1/23/2021 3/27/2021 11:15A-12:00P $180.00/Per Head $175.00/Per Head $5.00/Per Head 1232-A Junior Jujitsu-January 1/2/2021 1/30/2021 9:00A-10:00A $90.00/Per Head $85.00/Per Head $5.00/Per Head 1232-B Junior Jujitsu - February 2/6/2021 2/27/2021 9:00A-10:00A $90.00/Per Head $85.00/Per Head $5.00/Per Head 1232-C Junior Jujitsu-March 3/6/2021 3/27/2021 9:00A-10:00A $90.00/Per Head $85.00/Per Head $5.00/Per Head 1233-A No Gi Jujitsu-January 1/5/2021 1/26/2021 6:00P-6:45P $110.00/Per Head $105.00/Per Head $5.00/Per Head 1233-B No Gi Jujitsu-February 2/2/2021 2/23/2021 6:00P-6:45P $110.00/Per Head $105.00/Per Head $5.00/Per Head 1233-C No Gi Jujitsu-March 3/2/2021 3/30/2021 6:00P-6:45P $110.00/Per Head $105.00/Per Head $5.00/Per Head 1234-A Strike Fit Teens - January 1/4/2021 1/25/2021 6:00P-6:45P $110.00/Per Head $105.00/Per Head $5.00/Per Head 1234-B Strike Fit Teens - February 2/1/2021 2/22/2021 6:00P-6:45P $110.00/Per Head $105.00/Per Head $5.00/Per Head 1234-C Strike Fit Teens - March 3/1/2021 3/29/2021 6:00P-6:45P $110.00/Per Head $105.00/Per Head $5.00/Per Head 2230-A Jujitsu Buddies Level 1 (AM)4/17/2021 6/19/2021 10:15A-11:00A $180.00/Per Head $175.00/Per Head $5.00/Per Head 2230-B Jujitsu Buddies Level 1 (PM)4/17/2021 6/19/2021 12:15P-1:00P $180.00/Per Head $175.00/Per Head $5.00/Per Head 2231-A Jujitsu Buddies Level 2 4/17/2021 6/19/2021 11:15A-12:00P $180.00/Per Head $175.00/Per Head $5.00/Per Head 2232-A Junior Jujitsu-April 4/3/2021 4/24/2021 9:00A-10:00A $90.00/Per Head $85.00/Per Head $5.00/Per Head 2232-B Junior Jujitsu-May Sat.5/1/2021 5/29/2021 9:00A-10:00A $90.00/Per Head - 1 Day wk $124.00/Per Head-2 Days wk $81.00/Per Head - 1 Day wk $111.60/Per Head-2 Days wk $9.00/Per Head - 1 Day wk $12.40/Per Head-2 Days wk 2232-C Junior Jujitsu - May Tues.5/4/2021 5/25/2021 6:00P-7:00P $90.00/Per Head - 1 Day wk $124.00/Per Head-2 Days wk $81.00/Per Head - 1 Day wk $111.60/Per Head-2 Days wk $9.00/Per Head - 1 Day wk $12.40/Per Head-2 Days wk 2233-A No Gi Jujitsu-April 4/6/2021 4/27/2021 6:00P-6:45P $110.00/Per Head $105.00/Per Head $5.00/Per Head 2233-B No Gi Jujitsu-May 5/4/2021 5/25/2021 6:00P-6:45P $110.00/Per Head $105.00/Per Head $5.00/Per Head 2234-A Strike Fit Teens - April 4/5/2021 4/26/2021 6:00P-6:45P $110.00/Per Head $105.00/Per Head $5.00/Per Head 2234-B Strike Fit Teens - May 5/3/2021 5/24/2021 6:00P-6:45P $110.00/Per Head $105.00/Per Head $5.00/Per Head 5116-A Adult Jujitsu-Jan.1/5/2021 1/26/2021 7:00P-8:15P $90.00/Per Head $85.00/Per Head $5.00/Per Head 5116-B Adult Jujitsu-Feb.2/2/2021 2/23/2021 7:00P-8:15P $90.00/Per Head $85.00/Per Head $5.00/Per Head 5116-C Adult Jujitsu-March 3/2/2021 3/30/2021 7:00P-8:15P $90.00/Per Head $85.00/Per Head $5.00/Per Head 5216-A Adult Jujitsu-April 4/6/2021 4/27/2021 7:00P-8:15P $90.00/Per Head $85.00/Per Head $5.00/Per Head 5216-B Adult Jujitsu-May 5/4/2021 5/25/2021 7:00P-8:15P $90.00/Per Head $85.00/Per Head $5.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Scarlett Webb 1971-A Mad Science of WNY: Detective Science 2/22/2021 2/22/2021 4:00P-5:00P $18.00/Per Head $15.00/Per Head $3.00/Per Head Mad Science of Western NY 1972-A Mad Science of WNY: Space Technology 3/24/2021 3/24/2021 6:00P-7:00P $18.00/Per Head $15.00/Per Head $3.00/Per Head 2973-A Mad Science of WNY: pH Phactors 4/6/2021 4/6/2021 6:00P-7:00P $18.00/Per Head $15.00/Per Head $3.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Womba African Drumming 2311-A African Drumming - Parent/Child (4 classes)4/19/2021 5/10/2021 12:30P-1:15P $85.00/Per Head $80.00/Per Head $5.00/Per Head 2311-B African Drumming - Parent Child 4/19/2021 4/19/2021 12:30P-1:15P $22.00/Per Head $20.00/Per Head $2.00/Per Head 2311-C African Drumming - Parent Child 4/26/2021 4/26/2021 12:30P-1:15P $22.00/Per Head $20.00/Per Head $2.00/Per Head 2311-D African Drumming - Parent Child 5/3/2021 5/3/2021 12:30P-1:15P $22.00/Per Head $20.00/Per Head $2.00/Per Head 2311-E African Drumming - Parent Child 5/10/2021 5/10/2021 12:30P-1:15P $22.00/Per Head $20.00/Per Head $2.00/Per Head 5032-A African Drumming - Adult (4 classes)4/19/2021 5/10/2021 1:30P-2:15P $85.00/Per Head $80.00/Per Head $5.00/Per Head 5032-B African Drumming - Adult 4/19/2021 4/19/2021 1:30P-2:15P $22.00/Per Head $20.00/Per Head $2.00/Per Head 5032-C African Drumming - Adult 4/26/2021 4/26/2021 1:30P-2:15P $22.00/Per Head $20.00/Per Head $2.00/Per Head 5032-D African Drumming - Adult 5/3/2021 5/3/2021 1:30P-2:15P $22.00/Per Head $20.00/Per Head $2.00/Per Head 5032-E African Drumming - Adult 5/10/2021 5/10/2021 1:30P-2:15P $22.00/Per Head $20.00/Per Head $2.00/Per Head Resolution No. 2021-_______ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE MEMBERSHIP RATES FOR THE NEW IRONDEQUOIT COMMUNITY CENTER At a regular 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 20th day of April, 2021 at 7:00 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, pursuant to Resolution No. 2019-128, the Town Board authorized the construction and equipping of a new community center (the Irondequoit Community Center) at space leased in the former Irondequoit Mall, and the residents of the Town on June 30, 2019 voted at a special election to approve the financing of the Irondequoit Community Center; and WHEREAS, the Town broke ground on the construction of the Irondequoit Community Center on January 22, 2020, and the construction of the project is now nearing completion; and WHEREAS, the Town Board wishes to adopt a membership fee schedule for the Irondequoit Community Center; and WHEREAS, the Town Board may adopt a membership fee schedule for the Irondequoit Community Center pursuant to Town Law Section 64; and WHEREAS, the Director of Recreation has reviewed the new Irondequoit Community Center amenities to create a proposed membership fee schedule; and WHEREAS, the Director of Recreation has collected and reviewed comparable membership rates from other Towns within Monroe County; and WHEREAS, the Director of Recreation recommends creating a membership fee schedule for the new Irondequoit Community Center as detailed in Addendum “A”, attached; and WHEREAS, the Town Board has reviewed the membership fee schedule proposed by the Director of Recreation and determines that it is in the best interests of the Town and its residents to adopt the membership fee schedule. NOW, THEREFORE, BE IT RESOLVED, that the Town Board adopts the proposed membership fee schedule for the Irondequoit Community Center in the form attached hereto as Addendum “A” 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 _______ Addendum “A” – Membership Rates April 20, 2021 RESIDENT Addendum "A" - Membership Rates April 20, 2021 NON-RESIDENT DAILY DROP IN FEE Fees - Youth $4.00 Adult (18-54 yrs.) $5.00 Senior (55+) $4.00 Tot Drop -Daily Drop In $5.00/child Memberships (Resident) Fee Per Yr. Cost Breakdown per Month Youth (11-17yrs) $180 $15 Adult (18-54 yrs.) $240 $20 Senior (55+) $180 $15� Senior Household (2) $276 $23 Household (6) 2 Adults 26+ 4 indivduals under age 26 Same mailing address (verification at time of membership purchase ) $480 $40 Add. Household member under age 26 $84 $7 110 -Visit Punch Card 10 -Visit Tot Drop Punch Card $40.00 $45.00 DAILY DROP IN FEE Fees Youth _ $6.00 Adult (18-54 yrs) $7.00 , Senior (55+) $6.00 Tot Drop not available for non-residents Memberships (non-resident) Fee Per Yr. Cost Breakdown 1 per Month Youth (11-17 yrs.) $300 $25 Adult (18-54 yrs.) $360 $30 Senior (55+) $300 $25 Senior Household (2) $396 _ $33 Household (6) 2 Adults 26+ 4 indivduals under age 26 Same mailing address (verification at time of membership purchase) $600 $50 Add. Household member under age 26 $144 $12 10 -Visit Punch Card $60.00 *AII memberships are billed monthly Paid Memberships include Fitness Room Access Access to walking path & lounges Tot Drop at No additional cost Monthly Rec staff run fitness classes, no add I. Member only family nights/events-TBD FREE Resident Access Pass Access to walking path & lounges Resident only family nights/events/open gym - Access to Teen lounge and Teen only events Resident rates on programs Ability to purchase a Tot Drop Punch pass or *All residents need at least a resident access pass for safety reasons/tracking in the building. *AII resident users will be required to create a user account in order to participate. Acknowledgement of policies, waivers, etc. will apply Resolution No. 2021-_______ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING A COMMUNITY CENTER ROOM RENTAL FEE SCHEDULE FOR DEPARTMENT OF RECREATION At a regular 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 20th day of April, 2021 at 7:00 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, pursuant to Resolution No. 2019-128, the Town Board authorized the construction and equipping of a new community center (the Irondequoit Community Center) at space leased in the former Irondequoit Mall, and the residents of the Town on June 30, 2019 voted at a special election to approve the financing of the Irondequoit Community Center; and WHEREAS, the Town broke ground on the construction of the Irondequoit Community Center on January 22, 2020, and the construction of the project is now nearing completion; and WHEREAS, the Town Board wishes to adopt a fee schedule for the rental of rooms of the Irondequoit Community Center; and WHEREAS, the Town Board may adopt a room rental schedule for the Irondequoit Community Center pursuant to Town Law Section 64; and WHEREAS, the Director of Recreation has reviewed the new Community Center facility to determine a Department proposed room rental fee schedule; and WHEREAS, the Director of Recreation has collected and reviewed comparable fee schedules from other Towns within Monroe County; and WHEREAS, the Director of Recreation proposes creating a room rental fee schedule for the new Irondequoit Community Center as detailed in Addendum “A”, attached; and WHEREAS, the Town Board has reviewed the room rental schedule proposed by the Director of Recreation and determines that it is in the best interests of the Town and its residents to adopt the room rental schedule. NOW, THEREFORE, BE IT RESOLVED, that the Town Board adopts the proposed room rental fee schedule for the Irondequoit Community Center in the form attached here as Addendum “A.” 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 _______ Addendum “A” April 20, 2021 Irondequoit Recreation Rental Times: Saturday: 9:00am – 6:00pm Sunday: 11am-4:00pm Weekdays: 9:00am-8:00pm (Dining Room 4:00pm-8:00pm) Community Center Rental Fees and Amenities A minimum of 2-hour rental is required for these rooms – this is to ensure there is sufficient time for set-up/clean-up by the renter. Room Resident Rate Non-Resident Rate Amenities Community Room 1 831 sq. ft. $80 first 2 hrs. $20 each additional hr. $130 first 2 hrs. $35 each additional hr. 9 Rectangle Tables 24 Chairs Fridge, Sink, Counter Screen for presentation Community Room 2 1,336 sq. ft. $120 first 2 hrs. $30 each additional hr. $170 first 2 hrs. $60 each additional hr. 9 Rectangle Tables 24 Chairs Fridge, Sink, Counter Screen for presentation Dining Room 1,908 sq. ft. Mon.-Thurs. $180 first 2 hrs. $65 each additional hr. Mon.-Thurs. $240 first 2 hrs. $90 each additional hr. 11 Round Tables 4 Rectangle Tables 83 Chairs Skylight Podium Screen for Presentation Fridge/Sink/Full Kitchen (Premium) Fri.-Sun. $220 first 2hrs. $75 each additional hr. Fri.-Sun. $280 first 2 hrs. $100 each additional hr. $100 Flat Rate Kitchen Option $100 refundable security deposit $100 Flat Rate Kitchen Option $100 refundable security deposit Gymnasium Rental Fees and Amenities No hardballs, bats, or inflatables permitted Room Capacity Resident Rate Non-Resident Rate Amenities Gymnasium 1/3 2,385 sq. ft 48 $25/hour $40/hour 1 Pickleball Court 1 Basketball Hoop Gymnasium 2/3 4,240 sq. ft 85 $40/hour $55/hour 2 Pickleball Courts Half-Court Basketball w/ 1 Hoop Gymnasium Full 6,625 sq. ft 132 $60/hour $75/hour 3 Pickleball Courts Full Court Basketball Please turn over for Party Combo and Non-Profit 501c3/In-Town Organization Rental rates. Irondequoit Recreation Party Combo Rate Party Combos must be booked 10 business days in advance. Rental Times: Saturday: 11:00am-2:00pm and 3:00pm-6:00pm Sunday: 11am-2:00pm A minimum of 3-hour rental is required for this combo – this is to ensure there is sufficient time for set-up/clean-up by the renter. Room Capacity Resident Rate Non-Resident Rate Details Amenities Community Room #1 and Gymnasium 1/3 48 $105 $170 Community Room 3 hrs. 1/3 Gym 1 hr. Approved bag of Equipment $10 add on 9 Rectangle Tables 24 Chairs Fridge, Sink, Counter Screen for presentation 1 Pickleball Court 1 Basketball Hoop Approved Bag of equipment includes: frisbees, basketballs, volleyballs, footballs, soccer balls, ball hop, and cones. Non-Profit 501c3/In-Town Organizations Rental Times: Saturday: 9:00am – 6:00pm Sunday: 11am-4:00pm Weekdays: 9:00am-8:00pm (Dining Room 4:00pm-8:00pm) A minimum of 2-hour rental is required for these rooms – this is to ensure there is sufficient time for set-up/clean-up by the renter. Mon-Thurs. *Continuous/ Seasonal Weekly Rate Mon.-Thurs. **One-Time Rental Rate Fri.-Sun. Rate Room Non-Profit/In- Town Organization Room Non-Profit/ In-Town Organization Room Non-Profit/ In-Town Organization Community Room #1 $20 first 2 hrs. $10 each additional hr. Community Room #1 $30 first 2 hrs. $10 each additional hr. Community Room #1 20% discount on room rate Community Room #2 $30 first 2 hrs. $15 each additional hr. Community Room #2 $40 first 2 hrs. $15 each additional hr. Community Room #2 20% discount on room rate Gymnasium 20% off rental rate Gymnasium 15% off rental rate Gymnasium 20% discount on rental rate Dining Room not available due to Senior Nutrition Program Dining Room $100 first 2 hrs. $20 each additional hr. $45 flat rate Kitchen option Dining Room 20% discount on rental rate *Continuous/Seasonal Weekly Rate would be for groups that have weekly meetings throughout each season. **One-Time Rental Rate would be for those groups that just want to book for a meeting. Resolution No. 2021-________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO VARIOUS CONTRACTS WITH VENDORS FOR THE TOWN’S 2021 FARMERS’ MARKET AND GAZEBO CONCERT SERIES At a regular 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 20th day of April, 2021, at 7:00 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, Town Board Resolution No. 2020-289 authorized the Supervisor to enter into agreements for 2021 Special Events with final approval and/or ratification by the Town Board; and WHEREAS, pursuant to that resolution the Town of Irondequoit’s 2021 Farmers’ Market and Gazebo Concert Series will occur between May 27 and September 16, 2021; and WHEREAS, it was necessary for the Town of Irondequoit to contract with vendors providing entertainment services pursuant to Addendum “A”, which is attached hereto and made a part hereof; and WHEREAS, these vendors are paid for with funds from the Special Events budget in account 246.0246.4122. NOW THEREFORE BE IT RESOLVED, that the Town Board approves the agreements listed in Addendum “A”, for the Town of Irondequoit’s 2021 Farmers’ Market and Gazebo Concert Series. AND BE IT FURTHER RESOLVED, that the Town Board grants authority to the Town Supervisor to execute any and all documents related to these agreements in a format approved by the Attorney for the Town. 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 __________ Farmers’ Market and Gazebo Concert Series ADDENDUM “A” Don Newcomb Band Musical Entertainment – Gazebo Series $200.00 Mitty and the Followers Musical Entertainment – Gazebo Series $250.00 Irondequoit Concert Band Musical Entertainment – Gazebo Series $250.00 Music with Terry Musical Entertainment – Gazebo Series $125.00 Mike Pappert Musical Entertainment – Farmers’ Market $100.00 Dake/Irondequoit High School Jazz Bands Musical Entertainment – Farmers’ Market $0 Gone Fishin’ Musical Entertainment – Farmers’ Market $275.00 Rock n’ Blues All Stars Musical Entertainment – Farmers’ Market $300.00 Standard Time Musical Entertainment – Farmers’ Market $165.00 Irondequoit Concert Band Musical Entertainment – Farmers’ Market $250.00 8 Days A Week Musical Entertainment – Farmers’ Market $275.00 Big Mike and the Motivators Musical Entertainment – Farmers’ Market $300.00 The PhatKats Musical Entertainment – Farmers’ Market $300.00 It’s My Party Musical Entertainment – Farmers’ Market $350.00 Deja VooDoo Musical Entertainment – Farmers’ Market $250.00 The FOG Musical Entertainment – Farmers’ Market $300.00 Mario and the Alrights Musical Entertainment – Farmers’ Market $300.00 Rock-It-Science Musical Entertainment – Farmers’ Market $350.00 Mitty and the Followers Musical Entertainment – Farmers’ Market $250.00 Marianna Musical Entertainment – Farmers’ Market $200.00 Resolution No. 2021-_____________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO A CONTRACT WITH ROCSPORTS FOR UMPIRE SERVICES FOR TOWN SPONSORED RECREATIONAL LEAGUES AT MCAVOY PARK At a regular 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 20th day of April 2021, at 7:00 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 wishes to hire a provider for umpire services for Town sponsored recreational leagues at McAvoy Park; and WHEREAS, pursuant to Section 517 of the Irondequoit Town Code, the Town requested three written quotes for umpiring services, with an estimated maximum number of 200 games in the season; and WHEREAS, the quote from RocSports was the lowest quote the Town received. WHEREAS, funds have been appropriated for this purpose in accounts # 001.7140.4420.0000.7147 and # 6772.4120.0000.6775, and the total cost for umpiring services for the season is not expected to exceed $12,600 NOW THEREFORE BE IT RESOLVED, that the Town Board authorizes the Supervisor to enter into a contract with RocSports for umpire services from May 2021 through December 2021 substantially in the form annexed as Exhibit A. 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 _______ Exhibit A rcocNports umpire Assignment into meet Feb. 17, 2021 IN WET What: NEW in 2021 will be USSSA umpire assignment services for adult softball leagues. Where: Servicing Monroe County Leagues When: May through October Next Steps: If interested please contact us at rocsportsny ,yahoo.com or you can call Pat at 455-7827 or Jim at 203-6298. Service Agreement 2021 Fee Structure: A. Game fee of $42.00 each will be paid for all single games, and $32.00 each will be paid for all multiple game assignments B. A fee of $64.00 will be paid for each game where two umpires are requested D. A fee of $18.00 will be paid for all games that are not played to completion of a legal game. Any game(s) canceled after 5:00 PM on game day and for which the umpire is not able to be notified, the $18.00 fee will be charged. Payment Method: A. Billings will occur on the first and fifteenth of the month. Net amount due in full within 15 days of billing date. Services may be suspended for non-payment B. RocSports will be notified of any and all game(s) cancellations NO LATER THAN ninety (90) minutes prior to the scheduled game time(s). Failure to make the proper notification will constitute the $18.00 incomplete game fee as stated above. AGREEMENT FOR UMPIRE SERVICES THIS AGREEMENT, made as of the day of District Umpires Association, Inc. ("Association") and witnessed: 2021 by and between Rochester ("League"), WHEREAS, the League requires the services of umpires to officiate various public games of Baseball, and/or Softball; WHEREAS, the Association has experienced, trained and certified umpires available to provide such service; NOW, THEREFORE, it is agreed by and between the parties as follows: 1. LIFE OF CONTRACT: The League retains the Association to furnish and provide umpire services for games occurring during the period between January 2021 through December 2021. The Association agrees to provide umpires to officiate in all such regularly -scheduled games sponsored and controlled by the League during the period of this Agreement. 2. PAYMENT AND FEES: The League hereby agrees to pay for such services the following fees, upon the following conditions: a) The game commences upon the first pitch thrown, after which full game fee shall apply. b) Games are expected to start on time. No more than a 20 -minute delay will be accepted for non-weather/field related issues. Delays greater than 20 minutes may result in cancellation and full game fee being accessed. c) Non -Weather -Related Cancellations - Games canceled within 1 hour of start will be accessed a full game fee. d) Weather Related Cancellations: Rain -out games called at the field prior to the first pitch or within one (1) hour of game time will result in a half game fee per umpire. e) Completion of Suspended Games. Games that are suspended and resumed at a later date, full panne fee will be paid for the completion of the game. If the game is scheduled immediately before or after another scheduled game and less than half a normal game length remains to be played, only half -game fee will apply. f) Game Fees and Payment. Game fees include any Assignor's fees. 0 Pay on Field Option 1. Game Fees for the Umpires will be paid on field prior to the start of the game at the pre -game conference. 2. Fees can be paid via Cash, Check, PayPal or other Electronic Funds Transfer (EFT) method maybe used with prior coordination with the umpire crew. (Not all RUDA members use EFT platforms.) 3. There will be a $40 returned check fee. 4. If payment is not provided to the umpire(s) prior to the game, the game will continue as schedule and the umpire(s) will file a report to the Association. ❑ Prepay Option 1. The league will be required to prepay all games fees for the upcoming month. At the end of the month the remaining balance can be carried over or refunded to the league. Games played during the period that were not scheduled prior tothe month's start will be invoiced by RDUA or taken a) The Association agrees to provide qualified umpires for the performance of services. Each umpire shall be a current member of the Association and shall have completed the Association's annual training regime. b) The Association and its umpires are independent contractors with the League and shall not, for any purpose, be considered an employee of the League. Each umpire shall be responsible for obtaining his/her own health and liability insurance and for paying all taxes imposed on income earned under this contract. The umpires are not covered by the League's worker's compensation insurance. c) The Association agrees to provide report of all ejections in a timely manner. In addition, the Association agrees to provide any requested summary of any problems during games officiated. League Signature Name, Title Association Signature Name, Title 9825547_1 Resolution No. 2021-__ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT WITH RESPECT TO AUCTION OF 2180 EAST RIDGE RD. At a regular 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 20th day of April, 2021 at 7:00 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 intends to auction the land and building located at 2180 East Ridge Road (the “Former Library Property”), formerly known as the Helen McGraw Branch of the Irondequoit Public Library, which is no longer needed for town purposes; and WHEREAS, the auction of the Former Library Property is an unlisted action under the State Environmental Review Act (“SEQRA”); and WHEREAS, the Town has completed a short environmental assessment form (“EAF”) for the auction of the Property, and upon identifying the relevant areas of concern and thoroughly analyzing those areas, determines that auction will not have a significant impact on the environment. NOW THEREFORE BE IT RESOLVED, that the Town Board adopts a Negative Declaration for the auction of the Former Library Property in the form attached and determines that no Environmental Impact Statement is required. AND, BE IT FURTHER RESOLVED, that the Town Supervisor shall file the Negative Declaration along with this Resolution with the Town Clerk and forward these documents to any person who requests a copy, maintain the EAF and Negative Declaration in a file regularly accessible to the public. AND, BE IT FURTHER RESOLVED, that the requirements of 6 NYCRR Part 617 have been met. 9825547_1 This resolution shall take effect immediately upon its adoption. Town Board Member Wehner voting _______ Town Board Member Perticone voting _______ Town Board Member Freeman voting _______ Town Board Member Romeo voting _______ Town Supervisor Seeley voting _______ Short Environmental Assessment Form Part 1 - Project Information Instructions for Completing Part 1 - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1 - Project and Sponsor Information Town of Irondequoit Name of Action or Project: Authorizing Auction of Town Property Project Location (describe, and attach a location map): 2180 E. Ridge Road, Rochester, NY 14617 Brief Description of Proposed Action: The Town intends to auction the land and building located at 2180 East Ridge Road (the "Former Library Property"), formerly known as the Helen McGraw Branch of the Irondequoit Public Library, which is no longer needed for town purposes Name of Applicant or Sponsor: Robert Kiley, Commissioner of Public Works Telephone: 585-467-8840 E -Mail: rkiley@irondequoit.org Address: 1280 Titus Avenue City/PO: Rochester State: NY Zip Code: 14617 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. NO YES If ❑ 2. Does the proposed action require a permit, approval or funding from any other governmental Agency? If Yes, list agency(s) name and permit or approval: NO YES 3.a. Total acreage of the site of the proposed action? acres b. Total acreage to be physically disturbed? acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on, adjoining and FA Urban ■ Rural (non -agriculture) ■ Forest ■ Agriculture near ■ 1 the proposed Industrial Aquatic PI ■ action. Commercial !r1 Residential (suburban) Other (specify): ■ Parkland Page 1 of 3 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? 1 ✓ b. Consistent with the adopted comprehensive plan? �/' ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES 1 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES [✓] ❑ 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation service(s) available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? NO YES 1 H ❑ ✓ ❑ 1 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES 1 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: NO YES ❑ ✓ 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: NO YES ❑ Fill( 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic Places? b. Is the proposed action located in an archeological sensitive area? NO YES ✓ ❑ ❑ ✓ 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO YES Q 14. Identify ■ • the typical Shoreline Wetland habitat ■ 1 types that occur Forest Urban ■ • on, or are likely to be found on the project site. Check all that apply: Agricultural/grasslands ■ Early mid -successional Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? Bald Eagle NO YES 16. Is the project site located in the 100 year flood plain? NO YESY 1 17. Will the proposed action create storm water discharge, either from point or non If Yes, a. Will storm water discharges flow to adjacent properties? b. Will storm water discharges be directed to established conveyance systems (runoff If Yes, briefly describe: -point P4 ❑ sources? NO and NO ❑YES storm FAYES drains)? NO YES 1 Page 2 of 3 18. Does the proposed action include construction or other activities that result in the impoundment of water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: NO YES ❑ 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: NO YES 1 I l 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: NO YES ✓ ❑ I AFFIRM THAT 'HE INF► • MATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST KNOWLEDGE Applicantisponso me: Ro 1 Kit Date: 4/12/2021 OF MY Signature: f PRINT FORM Page 3 of 3 Page 1 of 2 Agency Use Only [If applicable] Project: Date: Short Environmental Assessment Form Part 2 - Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept “Have my responses been reasonable considering the scale and context of the proposed action?” No, or small impact may occur Moderate to large impact may occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2.Will the proposed action result in a change in the use or intensity of use of land? 3.Will the proposed action impair the character or quality of the existing community? 4.Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? 5.Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6.Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7.Will the proposed action impact existing: a. public / private water supplies? b. public / private wastewater treatment utilities? 8.Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9.Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? 10.Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? 11.Will the proposed action create a hazard to environmental resources or human health? Page 2 of 2 For every question in Part 2 that was answered “moderate to large impact may occur”, or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short- term, long-term and cumulative impacts. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. _________________________________________________ _______________________________________________ Name of Lead Agency Date _________________________________________________ _______________________________________________ Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer _________________________________________________ _______________________________________________ Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) Short Environmental Assessment Form Part 3 Determination of Significance Agency Use Only [If applicable] Project: Date: 1 Sale of 2180 Ridge Road EAF Part 3 Attachment The proposed action is the Town intends to auction the land and building located at 2180 East Ridge Road (the “Former Library Property”), formerly known as the Helen McGraw Branch of the Irondequoit Public Library, which is no longer needed for town purposes. This is an unlisted action under SEQRA. Although the action doesn’t identify a specific user, there is zoning in place which outlines the uses permitted by right and the uses requiring a Special Use Permit. An future development of the property would require, at minimum, site plan approval through the Planning Board. Any future use requiring a Special Use Permit would require separate Town Board approval in addition to the Planning Board’s review. These future discretionary decisions would be subject to their own separate SEQRA review and analysis. The parcel at 2180 Ridge Road is within in a heavily-developed and busy commercial area, located directly adjacent to a Wegmans grocery store and across the street from Ridge Culver Plaza. The uses outlined for the C-Business District are compatible with the existing commercial character along Ridge Road in this area. Residential uses located to the north of the parcel at 2180 Ridge Road would be buffered from any future proposed development of the property through the site plan review process, consistent with the residential neighborhoods that border the development along entire length of E. Ridge Road. Moreover, the parcel’s future development within the C-Business District is consistent with the Town’s Master Plan Update adopted by the Town in October 2014, which envisions continued commercial development, including higher density uses, along Ridge Road. With regard to potential traffic impacts, as indicated in Part 2 of the EAF, there is no large or moderate impact associated with the auction of the property. Subsequent redevelopment activities would examine traffic impacts, and explore mitigation if needed, based on the proposed specific use by the future owner. However, it is important to note that many of the uses permitted within the zoning district would have similar or less traffic impacts to the previous permanent use as a municipal library. It is expected that more specific traffic analysis will be presented to the Town as a part of future site plan for proposed re-use or redevelopment of the site. As Ridge Road is a Monroe County Highway, Monroe County will determine the need for a traffic study for proposed new development along this roadway and make recommendations regarding potential traffic impacts to the Town of Irondequoit based on the results of such study. Moreover, the design standards and traffic-related recommendations in the Town’s Master Plan Update (October 2104) will provide tools and potential mitigation measures for impacts associated with future development plans. In summary, no large or significant adverse environmental impacts have been identified for the Town authorizing the auction of 2180 Ridge Road. An environmental impact statement need 2 not be prepared, and a Negative Declaration is the appropriate Determination of Significance for this action. 9809203_1 Resolution No. 2021 - ________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING SALE AT AUCTION OF 2180 EAST RIDGE RD. At the regular 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 20th day of April, 2021 at 7:00 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, in 1963, the Town of Irondequoit opened the Helen McGraw Branch of the Irondequoit Public Library at 2180 East Ridge Road (the land and building, the “Property”); and WHEREAS, in 2015, the Town dedicated a new state-of-the-art library facility at the Town Hall Campus and closed library operations at the Property; and WHEREAS, following the destruction of its facility, the Department of Public Works used the Property on a temporary basis until a new Department of Works facility could be opened, and thereafter the Town has not used the Property; and WHEREAS, the Property is no longer needed for Town purposes; and WHEREAS, pursuant to Resolution No. 2018-155, the Town Board approved the hiring of a real estate broker (the “Broker”) to market and sell the Property; and WHEREAS, in the ensuing years, the Town received several offers to purchase the Property, however, each proposed sale failed and the Town has been unable to consummate the sale of the Property at private sale; and WHEREAS, the Broker recommends that the Town sell the Property at a public auction, with the auctioneer’s fees to be paid by the purchaser, and the purchase and sale agreement for the property to be established in advance and not subject to comment or revision by the purchaser; and 9809203_1 WHEREAS, the Broker recommends establishing a minimum auction price of $_________ on the basis that a low initial price will encourage bidder interest, resulting in a final auction price for the Property that is significantly higher; and WHEREAS, pursuant to Resolution 2021-___, the Town Board determined that the sale of the Property at auction is an unlisted auction under the State Environmental Quality Review Act and adopted a negative declaration for the same. NOW, THEREFORE, BE IT RESOLVED, that the Town Board authorizes the sale of the Property at public auction to the lowest bidder, with a minimum auction price of $_______. AND, THEREFORE, BE IT FURTHER RESOLVED, that the Town Board authorizes the Broker and auctioneer to sell the Property pursuant to a Purchase and Sale Agreement substantially in the form annexed hereto as Exhibit A, and in final form as may be revised by the Attorney for the Town. AND, THEREFORE, BE IT FURTHER RESOLVED, that the Town Board authorizes the Supervisor to execute the Purchase and Sale Agreement with the winning bidder in substantially the form annexed hereto as Exhibit A and in final form as may be revised by the Attorney for the Town, and further authorizes the Supervisor or his designee to execute all further documents connected to the sale of the Property. AND, THEREFORE, BE IT FURTHER RESOLVED, that this resolution shall be subject to permissive referendum. Within ten days of the date hereof, the Town Clerk, in the same manner as provided for notice of a special election, shall post and publish a notice which shall set forth the date of the adoption of this resolution and contain an abstract of such resolution concisely stating the purpose and effect thereof. The notice shall specify that such resolution was adopted subject to a permissive referendum. This resolution shall take effect thirty days after its adoption provided that no sufficient petition for referendum is filed within such time. If such petition is filed in accordance with the Town Law, this resolution shall take effect upon its approval by the electors as set forth in the Town Law. 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 _______ 9809203_1 Attachment A (Purchase and Sale Agreement) 1 9839367_4 ACKNOWLEDGMENT OF OFFEROR The undersigned understands and acknowledges that this document entitled “PURCHASE AND SALE AGREEMENT” constitutes a bid, being submitted by the undersigned to Seller identified therein, for Seller’s consideration. Such bid shall remain open for at least fifteen (15) business days following the undersigned’s execution as dated herein and may be accepted or rejected in the sole discretion of Seller. The undersigned specifically acknowledges that this bid was made in connection with a reserve auction, and that a binding contract between the undersigned and Seller will not be created unless and until Seller indicates its acceptance of this bid by executing the attached Purchase and Sale Agreement and delivering a copy thereof to the undersigned by facsimile, e-mail, U.S. Mail, overnight or express mail. OFFEROR: Address: [company name] By: Name: Title: Date: 2 9839367_4 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (this “Agreement”) dated as of the date last signed (the “Effective Date”), is made by and between ________________________________________ __________________________________________, _________________________________________, having an address of _______________________________________________________________ (hereinafter “Purchaser” or “Buyer”) and the Town of Irondequoit, a New York municipal corporation, having an address of 1280 Titus Avenue, Irondequoit, NY 14617 (“Seller”). RECITALS: R-1. Seller desires to sell certain improved real property known and formerly referred to as the “McGraw Library” located at 2180 East Ridge Rd in the Town of Irondequoit, Monroe County, State of New York, along with certain related property described below, and Purchaser desires to purchase such real and other property from Seller. R-2. Seller and Purchaser, intending to be bound by this Agreement, desire to set forth herein the terms, conditions and agreements under and by which Seller shall sell and Purchaser shall purchase the property described below. AGREEMENTS: NOW, THEREFORE, in consideration of the mutual agreements and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Purchaser agree as follows: 1. THE PROPERTY. 1.1 Description. Subject to the terms and conditions of this Agreement, and for the consideration set forth herein, Seller hereby agrees to sell, assign and convey, and Purchaser hereby agrees to purchase and acquire, all of Seller’s respective right, title and interest in and to the following (the “Property”): 1.1.1 That certain parcel of land located in Monroe County, New York, having a street address of 2180 East Ridge Road in the Town of Irondequoit, and being more specifically described on Schedule 1.1.1, attached hereto (the “Land”), along with all buildings (the “Buildings”) together with all other improvements, parking facilities and fixtures located on the Land (the Buildings and any and all other improvements located on the Land are hereinafter referred to collectively as the “Improvements”) and all easements, hereditaments, appurtenances, development rights, and other benefits, if any, pertaining to or affecting the Land (collectively, the “Easements”). The Land, Buildings, Improvements and Easements are hereinafter collectively referred to as the “Real Property”; 1.1.2 All furniture, furnishings, fixtures, equipment and other tangible personal property affixed to and/or located at the Real Property as of the Date of Closing and used in connection with the Real Property (the “Personal Property”); 1.1.3 Any and all Contracts (defined in Section 3.7, below), any and all transferrable (at no cost to Seller) permits and warranties, architectural or engineering plans and specifications and development rights that exist as of the Date of Closing and relate to the Real Property or the Personal Property (collectively, the “Intangible Property”). 3 9839367_4 1.2 Agreement to Convey. Subject to the conditions set forth in Article 6, Seller agrees to sell and convey, and Purchaser agrees to purchase and accept, on the Date of Closing (defined in Section 2.4, below): (a) fee simple title to the Real Property by way of a Bargain and Sale Deed with covenants against grantor’s acts (defined in Section 8.1.1, below), to be executed and delivered by Seller in respect to the Property, and which shall be subject to the Permitted Exceptions (defined in Section 3.6, below) affecting or encumbering the Real Property; and (b) the remainder of the Property, by way of the assignment and assumption agreements, a quitclaim bill of sale and other instruments of conveyance described in this Agreement. 2. PURCHASE PRICE AND PAYMENT. 2.1 Purchase Price. The purchase price for the Property (the “Purchase Price”) is the Winning Buyer’s Offer (defined below): 2.1.1 Winning Buyer’s Offer. The winning buyer’s offer for the Property (the “Winning Buyer’s Offer” or “WBO”) is ____________________________________________________ and No/100 U.S. Dollars ($___________________.00). 2.1.2 Platform Fee. The platform fee for the Property (the “Platform Fee”) is the greater of Five Percent (5%) of the WBO or $25,000.00. The Platform Fee is _____________________________________________ and No/100 U.S. Dollars ($_____________.00). 2.2 Earnest Money Deposit. 2.2.1 Deposit. As the initial deposit (the “Earnest Money Deposit”), Purchaser shall be required to pay ten percent (10%) of the Purchase Price, but not less than Twenty Thousand and No/100 Dollars ($20,000.00) and not to exceed One Million and No/100 Dollars ($1,000,000.00) to Title Company. The total amount of the Earnest Money Deposit due must be deposited with Stewart Title Insurance Company, 5901 Peachtree Road, Suite B-540, Atlanta, Georgia 30328, Attention: Will Lovell (“Title Company”), no later than one (1) business day following Purchaser being declared the winning bidder (even if the sale is subject to confirmation). Regardless of the amount financed, if any, the Earnest Money Deposit will not be altered. The Earnest Money Deposit will be non-refundable (except upon a default by Seller or as specifically provided herein). If Purchaser shall fail to timely make the Earnest Money Deposit by 5:00 p.m. Eastern Time, as set forth herein, this Agreement shall automatically terminate and neither party shall thereafter have any further rights, obligations or liability hereunder, except as otherwise expressly set forth herein. Purchaser acknowledges that once posted, the Earnest Money Deposit shall be non-refundable to Purchaser, except as otherwise described herein. 2.2.2 Maintenance of Deposit. The Earnest Money Deposit shall be held by Title Company in an interest-bearing account subject to receipt of a form W-9 from Purchaser. All interest earned on the Deposit shall be added to the principal held in the escrow and shall constitute a part of the Deposit (hereinafter defined). The term “Deposit” as used herein shall mean the Earnest Money Deposit and any additional deposits as are described herein and all interest earned thereon. Interest earned on the Deposit shall be deemed earned by Purchaser. 2.2.3 Purchaser agrees that the retention of the Deposit by Seller represents a reasonable estimation as of the Effective Date of Seller’s damages in the event of Purchaser’s Default hereunder, that actual damages would be impracticable or extremely difficult to ascertain, and that the provision for liquidated damages hereunder does not constitute a penalty. The parties acknowledge that 4 9839367_4 these damages have been specifically negotiated between themselves and are, among other things, to compensate Seller for taking the Property off the market, for Seller’s costs and expenses associated with this Agreement and for Seller’s lost opportunity costs. Purchaser hereby waives the rights and benefits of any law, rule, regulation, or order now or hereafter existing that would allow Purchaser to claim a refund of the Deposit as unearned earnest money, a penalty, or for any other reason. 2.3 Payment. Purchaser shall pay to Seller the Purchase Price and shall pay the Platform Fee to Seller’s Broker (as defined in Section 5.3 below) on or before 3:00 p.m. Eastern Time, on the Date of Closing (as defined below), by causing Title Company to wire the Adjusted Purchase Price (as defined in Section 8.4) to Seller and Platform Fee to Seller’s Broker in immediately available funds to such bank account(s) as Seller and Seller’s Broker may designate. The Deposit shall be paid by Title Company to Seller at Closing and credited against the Purchase Price. The Purchase Price shall also be subject to further adjustments for prorations and credits required to be made in accordance with Article 7, below. 2.4 Closing. The purchase and sale of the Property shall be consummated at closing (the “Closing”) in escrow through Title Company on the date which is on or before thirty (30) days after the Effective Date of this Agreement (the “Date of Closing”). Closing shall occur on the Date of Closing at Title Company, or at such other time and place as may be agreed to in writing by Seller and Purchaser. 3. INSPECTIONS, APPROVALS AND AUCTION TERMS. 3.1 Inspections. Purchaser acknowledges, understands and agrees that it has had reasonable opportunity to access the Property and conduct Inspections (as such term is defined in that certain Site Access Agreement, in substantially the same form annexed hereto as Exhibit A) entered into between Seller and Purchaser) of the Property and further agrees that it waives any and all rights to any additional access to or inspections of the Property. 3.2 Access to the Property and Indemnification by Purchaser. Purchaser shall keep confidential the information resulting from the Inspections. Purchaser shall indemnify and hold Seller harmless from any loss, injury, liability, damage or expense, including reasonable attorneys’ fees and costs, directly caused by Purchaser, which Seller may incur as a result of (a) any act or omission of Purchaser or its agents or representatives arising in connection with any tests or inspections conducted by Purchaser or its agents or representatives, regardless of when conducted or (b) the failure of Purchaser to restore the Property in accordance with this Section 3.2; provided, however, that Purchaser shall not be required to indemnify Seller if and to the extent that any such loss, injury, liability, damage or expense was caused by the negligence or misconduct of Seller, its employees or its agents. The foregoing shall survive termination of this Agreement or the Closing, as applicable. 3.3 Inspection of Documents. Purchaser acknowledges receipt of the materials relating to the Land and Improvements (“Property Documents”). 3.3.1 Purchaser acknowledges, understands and agrees that the Property Documents may have been prepared by parties other than Seller and that Seller makes no representation or warranty whatsoever, express or implied, as to the completeness, content or accuracy of the Property Documents. Purchaser specifically releases Seller from all claims, demands, causes of action, judgments, losses, damages, liabilities, costs and expenses (including without limitation attorney’s fees whether suit is instituted or not), whether known or unknown, liquidated or contingent (collectively “Claims”) asserted against or incurred by Purchaser by reason of the information contained in, or that should have been contained in, the Property Documents. Notwithstanding anything to the contrary contained herein, all of Seller’s representations and warranties, if any, are hereby made subject to, and are expressly limited by, the contents of the Property Documents and any matters disclosed to Purchaser through Purchaser’s Inspections 5 9839367_4 or otherwise. The provisions of this Section 3.3.1 shall survive Closing, or the early termination of this Agreement. 3.4 Survey. As part of the Property Documents, Purchaser acknowledges that Seller has delivered or made available for inspection, the most recent survey, if any, in its possession to Purchaser (the “Existing Survey”). Purchaser may, prior to the Effective Date, at its sole cost and expense, order an update to the Existing Survey (or if there is no Existing Survey, a new survey) (the Existing Survey, as updated, or a new survey, the “Survey”). 3.5 Title Commitment. Within five (5) days after the Effective Date, Purchaser, at its sole cost and expense, shall order from Title Company, a Commitment for Title Insurance (the “Title Commitment”), setting forth the status of title to the Land and all exceptions which would appear in an Owner’s Policy of Title Insurance, specifying Purchaser as the named insured and showing the Purchase Price as the policy amount. 3.6 Permitted Exceptions. Purchaser shall accept title to the Property, subject to the following exceptions (the “Permitted Exceptions”): 3.6.1 Those matters affecting or relating to the title to, or the survey of, the Property which are of record on the date of the Title Commitment or as shown on the Survey. 3.6.2 The lien of non-delinquent taxes, assessments and other usual and customary charges assessed against the owners of real property in the state in which the Land is located. 3.6.3 All matters disclosed by the Property Documents and Contracts not prohibited hereunder. 3.6.4 All building and zoning laws, codes and regulations affecting the Property, including all proffers, special exceptions, conditions, site plan approvals, and other similar matters, if any, relating to the zoning of the Property. 3.7 Contracts. Purchaser shall assume all Contracts at Closing (such Contracts being assigned to and assumed by Purchaser being herein referred to as the “Assumed Contracts”). As used herein, the term “Contracts” shall mean all service, maintenance, supply, or other contracts relating to the operation of the Property, and all other such assignable contracts or agreements in effect as of the Date of Closing. 3.7.1 Consents to Transfer. Seller shall be responsible for securing any consent from third parties who have the right to consent to the transfer of any Contract, Permit, and/or Intangible Property and Purchaser shall be responsible for paying any fee in connection therewith, including but not limited to, any termination fee. The consents shall provide that if the transaction contemplated by this Agreement is not consummated, the consent will not be effective. It is understood that a failure to obtain such consents is not a condition precedent to Purchaser’s obligation to close. Purchaser will assume all liability which arises as a result of failing to obtain any such consent and shall indemnify and hold harmless Seller from any liability, claims, actions, expenses, or damages incurred by Seller as a result of such failure, should Seller elect to waive the issuance of such consents as a precondition to Closing under Article 6; such indemnification shall survive Closing of this transaction. 4. SELLER’S OBLIGATIONS PRIOR TO CLOSING. Until Closing, Seller and/or Seller’s agents or representatives shall: 6 9839367_4 4.1 Insurance. Keep the Property insured, in an amount sufficient to satisfy any co- insurance requirement or stipulation, against fire and other hazards covered by extended coverage endorsement and comprehensive public liability insurance against claims for bodily injury, death and property damage occurring in, on or about the Property. 4.2 Operation and Maintenance. Maintain the Property in its present order and condition and make repairs and/or replacements in the ordinary course of business in connection with any damage to the Property, and deliver the Property to Purchaser at Closing in the substantially the same condition existing as of the Effective Date, normal wear and tear and damage by casualty excepted. 4.3 Notices. Provide to Purchaser, promptly upon the receipt thereof, any and all written notices relating to the Property received by Seller or its agents or representatives from any governmental or quasi-governmental instrumentality, insurance company, vendor or other party under any of the Contracts, or from any other entity or party, which notices are of a type not normally received in the ordinary course of Seller’s business, or which may have a material effect upon the Property or result in a material change in a representation or warranty made by Seller hereunder. 4.4 Intentionally Omitted. 4.5 New Contracts. Seller may, without the prior consent of Purchaser, enter into any Contracts provided that Seller shall provide Purchaser written notice of such actions and such Contracts shall be terminable with thirty (30) days’ notice. 5. REPRESENTATIONS AND WARRANTIES. 5.1 By Seller. Seller represents and warrants to Purchaser, as of the Effective Date, that: 5.1.1 Seller has the power, right and authority to enter into and perform all of the obligations required of Seller under this Agreement and the instruments and documents referenced herein, and to consummate the transaction contemplated hereby. 5.1.2 This Agreement is, and all agreements, instruments and documents to be executed and delivered by Seller pursuant to this Agreement shall be duly authorized, executed and delivered by Seller. This Agreement is, and all agreements, instruments and documents to be executed and delivered by Seller pursuant to this Agreement shall be valid and legally binding upon Seller and enforceable in accordance with their respective terms. 5.1.3 Neither the execution of this Agreement nor the consummation of the transactions contemplated hereby does now constitute or shall result in a breach of, or a default under, any agreement, document, instrument or other obligation to which Seller is a party or by which Seller may be bound. 5.1.4 Survival.The representations and warranties set forth in this Article 5 shall not survive Closing of this transaction, and no action or claim may be brought against Seller by Purchaser or any affiliate of Purchaser with respect to a breach of such representations or warranties or any action, suit or other proceedings commenced or pursued, for or in respect of any breach of any representation or warranty made by Seller in this Agreement from and after the Closing. 5.1.5 Limitation on Remedies.Notwithstanding anything herein to the contrary, if Purchaser discovers prior to Closing that one or more of the representations and warranties under the 7 9839367_4 provisions of this Article 5 are false or untrue as of the Date of Closing, Purchaser’s sole remedy will be to exercise its rights under the provisions of Section 10.4 hereof. 5.2 By Purchaser. Purchaser represents and warrants to Seller as of the Effective Date that: 5.2.1 Purchaser is a corporation, partnership, limited liability company, trust or other type of business organization that is duly organized, validly existing and in good standing under the laws of the state in which it was organized and Purchaser is qualified to do business in the jurisdiction in which the Property is located. 5.2.2 Purchaser has taken all requisite action and obtained all requisite consents, releases and permissions in connection with entering into this Agreement and the instruments and documents referenced herein or required under any covenant, agreement, encumbrance, law or regulation with respect to the obligations required hereunder, and no consent of any other party is required for the performance by Purchaser of its obligations hereunder. 5.2.3 This Agreement is, and all agreements, instruments and documents to be executed and delivered by Purchaser pursuant to this Agreement shall be, duly authorized, executed and delivered by Purchaser. This Agreement is, and all agreements, instruments and documents to be executed and delivered by Purchaser pursuant to this Agreement shall be, valid and legally binding upon Purchaser and enforceable in accordance with their respective terms. 5.2.4 Neither the execution of this Agreement nor the consummation of the transactions contemplated hereby does now constitute or shall result in a breach of, or a default under, any agreement, document, instrument or other obligation to which Purchaser is a party or by which Purchaser may be bound, or any law, statute, ordinance, rule, governmental regulation or any writ, injunction, order or decree of any court or governmental body, applicable to Purchaser or to the Property. 5.2.5 No petition in bankruptcy (voluntary or otherwise), assignment for the benefit of creditors, or petition seeking reorganization or arrangement or other action under Federal or state bankruptcy law is pending against or, to the best of Purchaser’s knowledge, contemplated by Purchaser. 5.2.6 There are no actions, suits, claims or other proceedings pending or, to the best of Purchaser’s knowledge, contemplated or threatened against Purchaser that could affect Purchaser. 5.3 Broker. Seller and Purchaser each represents to the other that it has had no dealings, negotiations, or consultations with any broker, representative, employee, agent or other intermediary in connection with the sale of the Property, except that Purchaser has retained the services of ____________________________________________________________________________________, Attn: ______________________________________(the “Purchaser’s Broker”) and Seller has retained the services of CBRE, Attn: Jaymes T. Keenan (the “Seller’s Broker”). Purchaser shall be solely responsible for paying the fees and commissions owed to Purchaser’s Broker, pursuant to a separate written agreement between Purchaser and Purchaser’s Broker and Seller shall be solely responsible for paying the fees and commissions owed to Seller’s Broker, pursuant to a separate written agreement between Seller and Seller’s Broker. If (a) Seller has offered, as stated on the Website (defined in Section 12.21, below), to pay a cooperating broker fee to Purchaser’s Broker in connection with this transaction and (b) Purchaser and Purchaser’s Broker have satisfied the following conditions: (i) Purchaser’s Broker has registered on the Website; and (ii) Purchaser and Purchaser’s Broker have complied with the provisions and qualifications governing the payment of the cooperating broker fee as set forth in the Terms and Conditions (defined in Section 12.21, below), then Seller agrees to pay a cooperating broker fee to Purchaser’s Broker upon the consummation of Closing, in an amount not to exceed 0.5% of the Winning Buyer’s Offer. Purchaser’s 8 9839367_4 Broker or any other broker shall not be entitled to any commission or cooperating broker fee if the broker is the Purchaser, an affiliate entity or an immediate family member. Seller and Purchaser agree that each will indemnify, defend and hold the other, as well as Seller’s Broker, free and harmless from the claims of any other broker(s), representative(s), employee(s), agent(s) or other intermediary(ies) claiming to have represented Seller or Purchaser, respectively, or otherwise to be entitled to compensation in connection with this Agreement or in connection with the sale of the Property. This mutual indemnity shall survive Closing and any termination of this Agreement. 5.4 Property Condition. 5.4.1 Disclaimer. PURCHASER ACKNOWLEDGES AND AGREES THAT SELLER HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES (OTHER THAN AS SET FORTH IN THIS AGREEMENT), PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO (A) THE VALUE, NATURE, QUALITY OR CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY, (B) THE INCOME TO BE DERIVED FROM THE PROPERTY, (C) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER MAY CONDUCT THEREON, (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY, (F) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY, (G) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY, OR (H) ANY OTHER MATTER WITH RESPECT TO THE PROPERTY, AND SPECIFICALLY, THAT SELLER HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS REGARDING COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS, INCLUDING THE EXISTENCE IN OR ON THE PROPERTY OF HAZARDOUS MATERIALS OR SUBSTANCES. PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE PROPERTY, PURCHASER IS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE PROPERTY AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY SELLER AND ACCEPTS THE PROPERTY AND WAIVES ALL OBJECTIONS OR CLAIMS AGAINST SELLER (INCLUDING, BUT NOT LIMITED TO, ANY RIGHT OR CLAIM OF CONTRIBUTION) ARISING FROM OR RELATED TO THE PROPERTY OR TO ANY HAZARDOUS MATERIALS ON THE PROPERTY. PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION PROVIDED OR TO BE PROVIDED WITH RESPECT TO THE PROPERTY WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT SELLER HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. SELLER IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS OTHER THAN AS SET FORTH IN THIS AGREEMENT, AND IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY, OR THE OPERATION THEREOF, FURNISHED BY ANY REAL ESTATE BROKER, AGENT, EMPLOYEE, SERVANT OR OTHER PERSON. PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SALE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN “AS IS” CONDITION AND BASIS WITH ALL FAULTS. IT IS UNDERSTOOD AND AGREED THAT THE PURCHASE PRICE FOR THE PROPERTY 9 9839367_4 REFLECTS THAT ALL OF THE PROPERTY IS SOLD BY SELLER AND PURCHASED BY PURCHASER SUBJECT TO THE FOREGOING. 5.4.2 Release of Claims. Without limiting the provisions of Section 5.4.1, Purchaser releases Seller from any and all Claims (whether known or unknown, and whether contingent or liquidated) arising from or related to (a) any defects, errors or omissions in the design or construction of the Property, whether the same are a result of negligence or otherwise; or (b) other conditions (including environmental conditions) affecting the Property, whether the same are a result of negligence or otherwise. The release set forth in this Section specifically includes any Claims under any Environmental Laws, under the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., or with respect to any environmental risk. “Environmental Laws” includes, but is not limited to, the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (42 U.S.C. §§6901 et seq.), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §§ 9601 et seq.), the Emergency Planning and Community Right to Know Act (42 U.S.C. §§11001 et seq.), the Clean Air Act (42 U.S.C. §§7401 et seq.), the Clean Water Act (33 U.S.C. §§1251 et seq.), the Toxic Substances Control Act (15 U.S.C. §§2601 et seq.), the Hazardous Materials Transportation Act ( 49 U.S.C. §§1801 et seq.), the Occupational Safety and Health Act (29 U.S.C. §§651 et seq.), the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. §§136 et seq.), and the Safe Drinking Water Act (42 U.S.C. §§300f et seq.), as any of the same may be amended from time to time, and any state or local law dealing with environmental matters, and any regulations, orders, rules, procedures, guidelines and the like promulgated in connection therewith, regardless of whether the same are in existence on the date of this Agreement. 5.4.3 Acknowledgment of Inspection.Purchaser acknowledges and agrees that (a) Purchaser had an opportunity to inspect the Property and its operations prior to the Effective Date, (b) if this transaction is consummated, Purchaser will be purchasing the Property pursuant to Purchaser’s independent examination, study, inspection and knowledge of the Property, and (c) Purchaser is relying upon its own determination of the value and condition of the Property and not on any information provided or to be provided by Seller. Purchaser is relying solely upon its own inspections, investigations, research and analyses in entering into this Agreement and is not relying in any way upon any representations or warranties (except those expressly provided in Article 5), statements, plans, specifications, cost estimates, studies, reports, descriptions, guidelines or other information or material furnished by Seller or its representatives to Purchaser or its representatives, whether oral or written, express or implied, of any nature whatsoever regarding any such matters. With respect to any Personal Property being conveyed hereunder, Purchaser shall not rely on any list of such property compiled by Seller, but rather, Purchaser shall compile its own list for review by Seller. 5.4.4 RELEASE. PURCHASER HEREBY RELEASES SELLER AND ANY SERVICER, AGENT, REPRESENTATIVE, MANAGER, AFFILIATE, OFFICER, PARTNER, SHAREHOLDER OR EMPLOYEE OF SELLER (A “SELLER RELATED PARTY”) FROM ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES WHICH PURCHASER OR ANY PARTY RELATED TO OR AFFILIATED WITH PURCHASER (A “PURCHASER RELATED PARTY”) HAS OR MAY HAVE ARISING FROM OR RELATED TO ANY MATTER OR THING RELATED TO THE PHYSICAL CONDITION OF THE PROPERTY, ANY CONSTRUCTION DEFECTS, ANY ERRORS OR OMISSIONS IN THE DESIGN OR CONSTRUCTION OF THE PROPERTY AND ANY ENVIRONMENTAL CONDITIONS AT, IN, ON OR UNDER THE PROPERTY, AND PURCHASER WILL NOT LOOK TO SELLER OR ANY SELLER RELATED PARTY IN CONNECTION WITH THE FOREGOING FOR ANY REDRESS OR RELIEF. 5.4.5 ASSUMPTION. EFFECTIVE AS OF THE DATE OF CLOSING, PURCHASER WILL ASSUME ALL OF SELLER’S LIABILITIES AND OBLIGATIONS WITH RESPECT TO THE CONTRACTS AND PERMITS (TO THE EXTENT SUCH PERMITS ARE 10 9839367_4 ASSIGNED OR TRANSFERRED) ARISING AND ACCRUING FROM AND AFTER THE DATE OF CLOSING. 5.4.6 SURVIVAL. THE ACKNOWLEDGMENTS AND AGREEMENTS OF PURCHASER SET FORTH IN THIS ARTICLE 5 WILL SURVIVE THE CLOSING. 5.4.7 PERSONAL PROPERTY; INTANGIBLE PROPERTY. SELLER MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, AS TO SELLER’S TITLE TO THE PERSONAL PROPERTY OR THE INTANGIBLE PROPERTY. 6.CONDITIONS PRECEDENT TO CLOSING. 6.1 Conditions for the Benefit of Purchaser. The obligation of Purchaser to consummate the conveyance of the Property hereunder is subject to the full and complete satisfaction or waiver of the following condition precedent: 6.1.1 The representations and warranties of Seller contained in this Agreement shall be true, complete and accurate in all material respects, as of the Effective Date. 6.1.2 The Title Company shall, upon payment of the Title Company’s premium, issue to Purchaser an owner’s policy of title insurance (the “Purchaser’s Title Policy”) in the amount of the Purchase Price showing fee title to the Real Property vested solely in Purchaser and subject only to (a) the standard, preprinted exclusions to Purchaser’s Title Policy; (b) liens to secure payment of real estate taxes and assessments not yet due and payable; (c) matters affecting the Real Property created by or consented to by Purchaser; and (d) Permitted Exceptions. Purchaser may request that the Title Company provide endorsements to the Purchaser’s Title Policy, provided that (i) such endorsements shall be at no cost to, and shall impose no additional liability on, Seller, (ii) Purchaser’s obligations under this Agreement shall not be conditioned upon Purchaser’s ability to obtain such endorsements, and (iii) Closing shall not be delayed as a result of Purchaser’s request. 6.2 Waiver of Conditions. Purchaser shall have the right to waive some or all of the foregoing conditions in its sole and absolute discretion; provided, however, that no such waiver shall be effective or binding on Purchaser unless it is in writing and executed by an authorized officer of Purchaser. 6.3 Conditions for the Benefit of Seller. The obligation of Seller to consummate the conveyance of the Property hereunder is subject to the full and complete satisfaction or waiver of each of the following conditions precedent: 6.3.1 Receipt by Seller of all requisite approvals and consents, including, but not limited to, consents to the transfer of any Assumed Contract and/or permit to be assigned to Purchaser at Closing. 6.4 Waiver of Conditions. Seller shall have the right to waive some or all of the foregoing conditions in its sole and absolute discretion; provided, however, that no such waiver shall be effective or binding on Seller unless it is in writing and executed by an authorized officer of Seller. 6.5 Failure of a Condition. In the event any of the conditions set forth in this Article are not fulfilled or waived, this Agreement shall terminate and all rights and obligations hereunder of each party shall be at an end and the Deposit shall be returned to Purchaser, as Purchaser’s sole remedy and neither party shall have any obligations to the other. 11 9839367_4 7.CLOSING COSTS AND PRORATIONS. 7.1 Purchaser’s Costs. Purchaser will pay the following costs of closing this transaction: 7.1.1 All recording fees and any and all state and county recordation, documentary or transfer taxes (including any New York Real Property Transfer Tax), which shall be based on the Purchase Price defined in Section 2.1 above; 7.1.2 All premiums, fees and costs associated with the issuance of any title policy as well as for all premiums, fees and costs associated with the issuance of a mortgagee title insurance policy, and all of the settlement fees and other charges of Title Company due in connection with the closing of this transaction; 7.1.3 The cost of the Survey; 7.1.4 The fees and disbursements of Purchaser’s counsel and any other expense(s) incurred by Purchaser or its representative(s) in inspecting or evaluating the Property or closing this transaction, included any expenses incurred in connection with the Inspections; 7.1.5 Any and all costs and expenses in connection with obtaining financing for the purchase of the Property, including without limitation any recordation or transfer taxes required to be paid upon the recordation of any deed of trust, mortgage or other security agreement executed and recorded in connection with such financing; 7.1.6 Any sales taxes payable with respect to any personal property included within the Property; and 7.1.7 All of the fees of Purchaser’s Broker referred to in Section 5.3 above. 7.1.8 Any escrow fees charged by Escrow Agent. 7.2 Seller’s Costs. Seller will pay the following costs of closing this transaction: 7.2.1 The fees and disbursements of Seller’s counsel; 7.2.2 A cooperating broker fee to Purchaser’s Broker and the fees of Seller’s Broker referred to in Section 5.3, above; and 7.2.3 All release fees and other charges required to be paid in order to release from the Property the lien of any mortgage or other security interest which Seller is obligated to remove pursuant to the terms of this Agreement. 7.3 Prorations. All revenues collected, and all expenses, including, but not limited to rents and any other amounts paid by tenants, personal property taxes, installment payments of special assessment liens, vault charges, sewer charges, utility charges, reimbursement of maintenance and repair expenses and normally prorated operating expenses billed or paid as of the Date of Closing (or estimates for invoices for such operating expenses which are unbilled as of the Date of Closing but shall include expenses applicable to a time period on or after the Date of Closing), shall be prorated as of 11:59 p.m. Eastern Time, on the day before the Date of Closing and shall be adjusted against the Purchase Price due at Closing. Seller and Purchaser acknowledge and agree that no re-proration shall occur post-Closing for any reason, known or unknown at the time of Closing or thereafter, and all proration figures included in the Settlement Statement (as defined in Section 8.1.7 below) shall be final upon execution by the parties. 12 9839367_4 7.3.1 Receivables. Purchaser shall purchase all accounts receivable due as of 11:59 p.m., Eastern Time, the day before the Date of Closing, in addition to the Purchase Price. As used herein, the term “Accounts Receivable” shall mean all outstanding debts one hundred twenty (120) days or less past due, if applicable. 7.3.2 Intentionally omitted. 7.3.3 Intentionally omitted. 7.3.4 Utility Deposits. Seller shall be entitled to any refundable deposits held for utility accounts affecting the Property. 7.4 Taxes. General real estate taxes and special assessments relating to the Property payable during the year in which Closing occurs shall be prorated with respect to the Property as of the day before the Date of Closing. If Closing shall occur before the actual taxes and special assessments payable during such year are known, the apportionment of taxes shall be upon the basis of taxes for the Property payable during the immediately preceding year. If, as the result of an appeal of the assessed valuation of the Property for any real estate tax year prior to (or including) the Closing, there is issued after Closing an administrative ruling, judicial decision or settlement by which the assessed value of the Property for such tax year is reduced, and a real estate tax refund issued, Seller shall be entitled to all such refunds relating to the period prior to Closing. If Seller engaged the tax appeal agent then the tax appeal agent shall remain responsible solely to Seller for such appeal. If the appeal is successfully culminated either prior to or after the proposed sale transaction, and Purchaser would benefit from such appeal for the current or subsequent tax year, then Purchaser shall pay a pro-rata share portion of the costs and expenses incurred by Seller in connection with the appeal. 7.5 In General. Any other costs or charges of closing this transaction not specifically mentioned in this Agreement shall be paid and adjusted in accordance with local custom or ordinance in the jurisdiction in which the Property is located. 7.6 Purpose and Intent. Except as expressly provided herein, the purpose and intent as to the provisions of prorations and apportionments set forth in this Article 7 and elsewhere in this Agreement is that Seller shall bear all expenses of ownership and operation of the Property and shall receive all income therefrom accruing through midnight of the day preceding the Closing and Purchaser shall bear all such expenses and receive all such income accruing thereafter. 8. CLOSING AND ESCROW. 8.1 Seller’s Deliveries. Seller shall deliver either at the Closing or by making available at the Property, as appropriate, the following original documents, each executed and, if required, acknowledged: 8.1.1 A Bargain and Sale Deed with covenants against grantor’s acts, in substantially the same form attached hereto as Schedule 8.1.1 (the “Deed”), conveying title to Purchaser of the Property, subject only to the Permitted Exceptions. 8.1.2 (a) Originals (to the extent in Seller’s possession) of all of the Assumed Contracts relating to the Property which Purchaser has elected to assume pursuant to the terms hereof; and (b) an assignment of the Intangible Property to Purchaser by way of an assignment and assumption agreement, in substantially the same form attached hereto as Schedule 8.1.2 (the “Assignment and 13 9839367_4 Assumption Agreement”), conveying to Purchaser Seller’s rights, title and interest in and to the Intangible Property attributable to the Property. 8.1.3 (a) Originals (to the extent in Seller’s possession) of all warranties then in effect and being assigned to Purchaser hereunder, if any, with respect to the Property or to the Improvements or any repairs or renovations to such Improvements and (b) an assignment of all such warranties being conveyed hereunder, conveying to Purchaser Seller’s rights, title and interests in and to the warranties attributable to the Property. 8.1.4 An affidavit pursuant to the Foreign Investment and Real Property Tax Act. 8.1.5 Appropriate evidence of authority, capacity and status of Seller as reasonably required by Title Company. 8.1.6 An “Owner’s Affidavit”, in commercially reasonable form and sufficient for Title Company to delete any exceptions for (a) mechanics’ or materialmen’s liens arising from work at the Property which is the responsibility of Seller hereunder, (b) parties in possession, other than tenants as tenants only, and, (c) matters not shown in the public records. 8.1.7 A joint settlement statement (the “Settlement Statement”), prepared by Title Company. 8.1.8 A quitclaim bill of sale in the form attached hereto as Schedule 8.1.8 (the “Bill of Sale”), transferring to Purchaser all of Seller’s right, title and interest in the Personal Property. 8.1.9 Intentionally omitted. 8.1.10 Intentionally omitted. 8.1.11 Such other documents, certificates and other instruments as may be reasonably required to consummate the transaction contemplated hereby. 8.2 Purchaser’s Deliveries. At the Closing, Purchaser shall (a) pay Seller the Purchase Price as required by, and in the manner described in, Article 2 hereof, (b) pay Seller’s Broker the Platform Fee as required by, and in the manner described in, Article 2 hereof, and (c) execute and deliver the following documents: 8.2.1 The Assignment and Assumption Agreement and Bill of Sale. 8.2.2 Evidence of Purchaser’s authority, and the authority of the person executing any documents at Closing on behalf of Purchaser, acceptable to Seller and Title Company, to enter into the transactions contemplated by this Agreement. 8.2.3 The Settlement Statement. 8.2.4 Intentionally omitted. 8.2.5 Intentionally omitted. 14 9839367_4 8.2.6 Such other documents, certificates and other instruments as may be reasonably required to consummate the transaction contemplated hereby. 8.3 Possession. Purchaser shall be entitled to possession of the Property at the conclusion of the Closing. 8.4 Escrow Closing. Purchaser and Seller (or their respective counsel on behalf of Purchaser and Seller) shall execute letters of escrow closing instructions (the “Closing Instructions”) which will provide that, on the Date of Closing: (a) Seller and Purchaser shall each deposit with Title Company all of the documents and instruments described in Sections 8.1 and 8.2, above (the “Closing Documents”); and (b) Purchaser shall deposit with Title Company the balance of the Purchase Price required to be paid after application of the Deposit thereto and all prorations, adjustments and credits required to be made under this Agreement, (the “Adjusted Purchase Price”) and the Platform Fee, all of which shall be set forth on, and mutually agreeable pursuant to, a settlement statement executed by both Purchaser and Seller at Closing. Upon receipt of the Adjusted Purchase Price and the Platform Fee, and the satisfaction of all other conditions set forth in the Closing Instructions, Title Company shall be authorized and directed to disburse the Adjusted Purchase Price to Seller or its designee(s) and the Platform Fee to Seller’s Broker, record the Deed among the real property records of Monroe County, New York, and release the remaining Closing Documents to the appropriate parties, all in strict accordance with the Closing Instructions. 9. DAMAGE, DESTRUCTION AND CONDEMNATION. 9.1 Casualty. Except as provided herein, Seller assumes all risk of loss or damage to the Property by fire or other casualty until consummation of Closing, at which time all risk of loss or damage to the Property by fire or other casualty shall be transferred to Purchaser. If at any time after the Effective Date but on or prior to the Date of Closing any portion of the Property is destroyed or damaged as a result of fire or any other cause whatsoever, Seller shall promptly give written notice thereof to Purchaser. If the estimated cost to repair the damage or destruction exceeds $250,000 as reasonably estimated by Seller, Purchaser shall have the right to terminate this Agreement by written notice to Seller within ten (10) days following the date upon which Purchaser receives Seller’s written notice of the destruction or damage, in which event this Agreement shall terminate, the Deposit shall be returned to Purchaser and neither party shall have any further obligation to the other, other than those obligations that expressly survive termination of this Agreement. If Purchaser does not elect to so terminate this Agreement within said ten (10) day period, or if the cost of repair is equal to or less than $250,000, this Agreement shall remain in full force and effect and the parties shall proceed to Closing without any reduction or adjustment in the Purchase Price, except that all insurance proceeds will be assigned to Purchaser and Seller will pay to Purchaser any deductible under Seller’s insurance policy. 9.2 Condemnation. In the event, at any time on or prior to the Date of Closing, any action or proceeding is filed, under which the Property, or any portion thereof, may be taken pursuant to any law, ordinance or regulation or by condemnation or the right of eminent domain, Seller shall promptly give written notice thereof (which notice shall describe the type of action being taken against the Property, and which portions of the Property will be affected thereby) to Purchaser. If the taking would substantially prevent Purchaser from continuing the existing use of the Property, then Purchaser shall have the right to terminate this Agreement by written notice to Seller within ten (10) days following the date upon which Purchaser receives Seller’s written notice of such action or proceeding, in which event this Agreement shall terminate, the Deposit shall be returned to Purchaser and neither party shall have any further obligation to 15 9839367_4 the other, other than those obligations that expressly survive termination of this Agreement. If Purchaser does not elect to so terminate this Agreement within said ten (10) day period, this Agreement shall remain in full force and effect and the parties shall proceed to closing without any reduction or adjustment in the Purchase Price, except that all condemnation proceeds will be assigned to Purchaser. 10. FAILURE OF CONDITIONS PRECEDENT; DEFAULT AND REMEDIES. 10.1 Failure of Conditions Precedent. If any of the conditions precedent stated in Article 6 have not occurred or been satisfied by the Date of Closing, Purchaser or Seller may: (a) terminate this Agreement by written notice to the appropriate party on or before the Date of Closing, in which event the appropriate party shall be entitled to receive disbursement of the Deposit or (b) to waive such conditions precedent and proceed to Closing. 10.2 Purchaser Default. If Purchaser is in default of one or more of Purchaser’s obligations under this Agreement other than a failure to timely close, then Seller may give notice to Purchaser (with a copy to Title Company) specifying the nature of the default. Purchaser shall have five (5) business days after receiving that notice, but in no event beyond the Date of Closing, within which to cure that default. If Purchaser fails to cure that default within that period, then Seller’s sole remedy for such default shall be to terminate this Agreement by giving notice of such termination to Purchaser (with a copy to Title Company) and receive the Deposit as liquidated damages. If Seller does so terminate this Agreement, then Title Company shall pay the Deposit to Seller. 10.3 Liquidated Damages. SELLER AND PURCHASER AGREE THAT PAYMENT OF THE DEPOSIT TO SELLER UNDER THIS ARTICLE 10 SHALL BE AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. 10.4 Seller Default. If Seller defaults in its obligation to convey the Property to Purchaser at Closing pursuant to this Agreement, Purchaser, in its sole discretion, shall elect one of the following, which shall be Purchaser’s sole and exclusive remedy at law or in equity: (a) to terminate this Agreement, in which event Purchaser shall be entitled to the return of the Deposit and neither party shall any remaining rights or obligations hereunder except for those obligations which expressly survive the termination of this Agreement; or (b) to bring a suit for specific performance against Seller to consummate the transactions contemplated by this Agreement; provided, however, if such suit is not brought within ninety (90) days from Seller’s default, then Purchaser shall automatically waive its right to commence such an action of specific performance against Seller and Purchaser shall only be entitled to the remedy set forth in Section 10.4(b). 10.4.1 Waiver of Default. If Purchaser does not duly notify Seller of the default and does not give Seller a notice of termination hereunder, then (i) the default shall be treated as waived by Purchaser and (ii) at Closing, Purchaser shall accept the Property subject to the default without any reduction in the Purchase Price and without any Claims against Seller on account of the default. 10.5 Termination. Upon any termination of this Agreement pursuant to any right of a party to terminate set forth in this Agreement, (a) the Deposit shall be paid over to the party entitled to the same, (b) all documents deposited by Purchaser and Seller into escrow shall be returned by Title Company to the party depositing the same, and (c) all copies of all Property Documents provided to Purchaser by Seller shall be returned to Seller, whereupon the parties will have no continuing liability to each other unless otherwise expressly stated in any provision of this Agreement. 10.6 Attorneys’ Fees. Notwithstanding anything to the contrary in this Agreement, in the event that either Seller or Purchaser, as the case may be, shall bring a lawsuit against the other party for breach of such party’s obligations under this Agreement, the losing party shall pay the prevailing party’s 16 9839367_4 costs and expenses incurred in connection with such litigation, including without limitation reasonable attorneys’ fees. The “prevailing party” shall be determined by the court hearing such matter. 11. NOTICES. Any notice required or permitted to be given hereunder may be served by a party or its attorney and must be in writing and shall be deemed to be given (a) when hand delivered, (b) one (1) business day after pickup by Emery Air Freight, United Parcel Service (Overnight) or Federal Express, or another similar overnight express service, (c) when transmitted by telecopy or facsimile, provided that confirmation of the receipt of same is noted upon transmission of same by the sender’s telecopy machine, or (d) when transmitted by electronic correspondence, in any case addressed or sent to the parties at their respective addresses set forth below: If to Seller: Town of Irondequoit 1280 Titus Ave Irondequoit, NY 14617 Attn: Town Supervisor Phone: (585) 336-6034 Email: Supervisor@irondequoit.org With a copy to: Harter Secrest & Emery LLP 1600 Bausch & Lomb Place Rochester, New York 14604 Attn: Andrew Dean, Esq. Phone: (585) 231-1183 Email: adean@hselaw.com If to Purchaser: Attn: Phone: Email: 17 9839367_4 With a copy to: Attn: Phone: Email: or in each case to such other address as either party may from time to time designate by giving notice in writing pursuant to this Article 11 to the other party. Telephone numbers are for informational purposes only. Any and all notices to Seller shall be given to Seller’s attorney. Effective notice will be deemed given only as provided above, except as otherwise expressly provided in this Agreement. 12. MISCELLANEOUS. 12.1 Entire Agreement. This Agreement, together with the Schedules attached hereto, all of which are incorporated by reference, is the entire agreement between the parties with respect to the subject matter hereof, and no alteration, modification or interpretation hereof shall be binding unless in writing and signed by both parties. 12.2 Severability. If any provision of this Agreement or its application to any party or circumstances shall be determined by any court of competent jurisdiction to be invalid and unenforceable to any extent, the remainder of this Agreement or the application of such provision to such person or circumstances, other than those as to which it is so determined invalid or unenforceable, shall not be affected thereby, and each provision hereof shall be valid and shall be enforced to the fullest extent permitted by law. 12.3 Applicable Law. This Agreement shall be construed and enforced in accordance with the internal laws of the State of New York. Purchaser irrevocably consents and submits to the exclusive jurisdiction of the courts of the state in which the Real Property is located and waives any objection based on venue of forum non conveniens with respect to any action instituted in those courts arising under this Agreement or in any way connected or related or incidental to the dealings of Purchaser and Seller in respect of this Agreement or any related transactions, in each case whether now existing or later arising, and whether in contract, tort, equity or otherwise, and agrees that any dispute with respect to any of those matters will be heard only in the courts described above. 12.4 Assignability. Purchaser may assign or transfer any of Purchaser’s rights, obligations and interests under this Agreement, to any person or entity upon providing Seller with written notice not less than five (5) business days prior to the Date of Closing. Upon any such assignment or other transfer, Purchaser and such assignee or transferee shall be jointly and severally liable for the obligations of Purchaser under this Agreement, which liability shall survive the assignment or transfer and the Closing. 12.5 Successors Bound. This Agreement shall be binding upon and inure to the benefit of Purchaser and Seller and their respective successors and permitted assigns. 12.6 No Public Disclosure. Prior to Closing, all press releases or other dissemination of information to the media or responses to requests from the media for information relating to the transaction 18 9839367_4 contemplated herein shall be subject to the prior written consent of Purchaser and Seller. 12.7 Captions; Interpretation. The captions in this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope of this Agreement or the scope or content of any of its provisions. Whenever the context may require, words used in this Agreement shall include the corresponding feminine, masculine, or neuter forms, and the singular shall include the plural and vice versa. Unless the context expressly indicates otherwise, all references to “Article” or “Section” are to sections of this Agreement. 12.8 No Partnership. Nothing contained in this Agreement shall be construed to create a partnership or joint venture between the parties or their successors in interest or permitted assigns. 12.9 Time of Essence. Time is of the essence with respect to the performance of the obligations of Seller and Purchaser under this Agreement. 12.10 Counterparts and Electronic Signatures. This Agreement may be executed and delivered in any number of counterparts, each of which so executed and delivered shall be deemed to be an original and all of which shall constitute one and the same instrument. Facsimile, documents executed, scanned and transmitted electronically and electronic signatures shall be deemed original signatures for purposes of this Agreement and all matters related thereto, with such facsimile, scanned and electronic signatures having the same legal effect as original signatures. Seller and Purchaser agree that this Agreement, any Addendum thereto or any other document necessary for the consummation of the transaction contemplated by this Agreement may be accepted, executed or agreed to through the use of an electronic signature in accordance with the Electronic Signatures in Global and National Commerce Act (“E-Sign Act”), Title 15, United States Code, Sections 7001 et seq., the Uniform Electronic Transaction Act (“UETA”) and any applicable state law. Any document accepted, executed or agreed to in conformity with such laws will be binding on both Seller and Purchaser the same as if it were physically executed and Purchaser hereby consents to the use of any third party electronic signature capture service providers as may be chosen by Seller. 12.11 Recordation. Purchaser and Seller agree not to record this Agreement or any memorandum hereof. 12.12 Proper Execution. This Agreement shall have no binding force and effect on either party unless and until both Purchaser and Seller shall have executed and delivered this Agreement. 12.13 Waiver. No waiver of any breach of any agreement or provision contained herein shall be deemed a waiver of any preceding or succeeding breach of any other agreement or provision herein contained. No extension of time for the performance of any obligation or act shall be deemed an extension of time for the performance of any other obligation or act. 12.14 Business Days. If any date herein set forth for the performance of any obligations by Seller or Purchaser or for the delivery of any instrument or notice as herein provided should fall on a Saturday, Sunday or Legal Holiday (hereinafter defined), the compliance with such obligations or delivery shall be deemed acceptable on the next business day following such Saturday, Sunday or Legal Holiday. As used herein, the term “Legal Holiday” shall mean any local or federal holiday on which post offices are closed in the state in which the Property is located. 19 9839367_4 12.15 Limitation of Liability. No present or future partner, director, officer, member, shareholder, employee, advisor, affiliate, servicer or agent of or in Seller, Purchaser or any affiliate of any of the foregoing will have any personal liability, directly or indirectly, under or in connection with this Agreement or any agreement made or entered into under or in connection with the provisions of this Agreement, or any amendment or amendments to any of the foregoing made at any time or times, heretofore or hereafter. The limitations of liability contained in this paragraph will survive the termination of this Agreement or the Closing, as applicable, and are in addition to, and not in limitation of, any limitation on liability applicable to either party provided elsewhere in this Agreement or by law or by any other contract, agreement or instrument. In no event will Seller or Purchaser be liable for any consequential, exemplary or punitive damages under any circumstances in connection with this Agreement or the transaction contemplated hereby. 12.16 Back-Up Contracts. Notwithstanding anything herein to the contrary, Seller reserves the right to continue marketing the Property for sale and to entertain letters of intent regarding the sale of the Property while this Agreement is outstanding, provided Seller shall not enter into any binding back-up agreements with respect to the sale of the Property for so long as this Agreement is in force. 12.17 WAIVER OF JURY TRIAL. PURCHASER WAIVES ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION (I) ARISING UNDER THIS AGREEMENT, (II) IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF PURCHASER AND SELLER IN RESPECT OF THIS AGREEMENT OR RELATED TRANSACTIONS, IN EACH CASE WHETHER NOW EXISTING OR LATER ARISING, AND WHETHER IN CONTRACT, TORT, EQUITY, OR OTHERWISE. PURCHASER AGREES AND CONSENTS THAT ANY SUCH CLAIM, DEMAND, ACTION, OR CAUSE OF ACTION WILL BE DECIDED BY COURT TRIAL WITHOUT A JURY AND THAT SELLER MAY FILE A COPY OF THIS AGREEMENT WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF PURCHASER TO THE WAIVER OF ITS RIGHT TO TRIAL BY JURY. 12.18 No Third Party Beneficiary. This Agreement is solely for the benefit of Purchaser and Seller and their permitted assigns. No other person or entity is entitled to the benefit or may enforce any of the provisions of this Agreement, except where expressly provided herein to the contrary. 12.19 Purchaser Representation and Consent. Purchaser acknowledges and confirms that it has had every opportunity to obtain legal representation in this matter and, if the name of Purchaser’s counsel is not set forth in Article 11 hereof, then Purchaser has either intentionally declined to obtain representation, or not advised Seller of its representation; further, Purchaser confirms that he is a sophisticated purchaser of similar commercial properties, is familiar with all rights and remedies of all relevant law, and specifically waives any right to further representation. Purchaser confirms and acknowledges that he is not relying on any legal advice from Seller, Seller’s counsel, the Broker, or any other party in this matter. 12.20 Auction Sale/Process. Seller may select the winning bid in its sole and absolute discretion. No obligation to sell shall be binding on Seller unless and until this Agreement is counter-signed by Seller. Seller may rescind any oral acceptance of a winning bid prior to the execution and delivery of this Agreement to Purchaser for any reason, including but not limited to, the receipt of a subsequent higher bid or offer to purchase whether such higher bid or offer to purchase was received pursuant to the Terms and Conditions (defined in Section 12.21, below) or otherwise. 12.21 Auction Terms and Conditions.Purchaser represents and warrants that Purchaser has received, read and accepts all terms and conditions pertaining to the sale of the Property (the “Terms 20 9839367_4 and Conditions”), which have been made available on the auction website, marketplace.realinsight.com (the “Website”) and which Terms and Conditions are incorporated herein by reference. In the event of any conflict or inconsistency between the Terms and Conditions and this Agreement, this Agreement shall control and prevail in all respects. 12.22 Purchaser and Buyer. When used in this Agreement or any document concerning the parties to this Agreement, the terms “Purchaser” and “Buyer” shall have the same meaning and be used interchangeably. 12.23 Section 1031 Like-Kind Exchange. Either Seller or Purchaser may consummate the purchase of the Property as part of a so-called like kind exchange (the "Exchange") pursuant to Section 1031 of the Internal Revenue Code of 1986, as amended (the "Code"), provided that: (a) the Closing shall not be delayed or adversely affected by reason of the Exchange nor shall the consummation or accomplishment of the Exchange be a condition to Purchaser's or Seller's obligations under this Agreement; (b) either Seller or Purchaser may effectuate the Exchange through a qualified intermediary so long as neither of their respective rights and obligations under this Agreement are adversely affected thereby; and (c) neither Seller nor Purchaser shall be required to make an assignment of the purchase agreement for the exchange property or be required to acquire or hold title to any real property for the purposes of consummating the Exchange. Neither Seller nor Purchaser shall, by this agreement or acquiescence to the Exchange, (i) have their rights under this Agreement adversely affected or diminished in any manner, or (ii) be responsible for compliance with or be deemed to have warranted to the other that the Exchange in fact complies with Section 1031 of the Code. 12.24 Prohibited Persons and Transactions. Purchaser represents and warrants to Purchaser’s knowledge: (i) Purchaser is not a Prohibited Person (defined below); (ii) none of its investors, affiliates or brokers or other agents (if any), acting or benefiting in any capacity in connection with this Agreement is a Prohibited Person; (iii) the funds or other assets Purchaser will transfer to Seller under this Agreement are not the property of, or beneficially owned, directly or indirectly, by a Prohibited Person; and (iv) the funds or other assets Purchaser will transfer to Seller under this Agreement are not the proceeds of specified unlawful activity as defined by 18 U.S.C. § 1956(c)(7). “Prohibited Person” means any of the following: (a) a person or entity that is listed in the Annex to, or is otherwise subject to the provisions of, Executive Order No. 13224 on Terrorist Financing (effective September 24, 2001) (the “Executive Order”); (b) a person or entity owned or controlled by, or acting for or on behalf of any person or entity that is listed in the Annex to, or is otherwise subject to the provisions of, the Executive Order; (c) a person or entity that is named as a “specially designated national” or “blocked person” on the most current list published by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) at its official website, http://www.treas.gov/offices/enforcement/ofac; (d) a person or entity that is otherwise the target of any economic sanctions program currently administered by OFAC; or (e) a person or entity that is affiliated with any person or entity identified in clause (a), (b), (c) and/or (d) above. The foregoing representations shall survive Closing and any termination of this Agreement. 13. ESCROW AGREEMENT 13.1 Deposit. Title Company agrees to deposit the Deposit in an interest-bearing account, subject to the receipt from Purchaser of a form W-9 for the purposes of investing said funds and to hold and disburse said funds, and any interest earned thereon, as hereinafter provided. Upon written notification from Seller or Purchaser in accordance with the terms of this Agreement, Title Company shall release the funds in accordance with and pursuant to the written instructions. In the event of a dispute between any of the parties hereto sufficient in the sole discretion of Title Company to justify its doing so, Title Company shall be entitled to tender unto the registry or custody of any court of competent jurisdiction all money or property in its hands held under the terms of this Agreement, together with such legal pleading as it deems appropriate, and thereupon be discharged. 21 9839367_4 13.2 Title Company. Seller and Purchaser covenant and agree that in performing any of its duties under this Agreement, Title Company shall not be liable for any loss, costs or damage which it may incur as a result of serving as Title Company hereunder, except for any loss, costs or damage arising out of its willful default or gross negligence. Accordingly, Title Company shall not incur any liability with respect to (i) any action taken or omitted to be taken in good faith upon advice of its counsel given with respect to any questions relating to its duties and responsibilities, or (ii) to any action taken or omitted to be taken in reliance upon any document, including any written notice of instruction provided for in this Agreement, not only as to its due execution and the validity and effectiveness of its provisions, but also to the truth and accuracy of any information contained therein, which Title Company shall in good faith believe to be genuine, to have been signed or presented by a proper person or persons and to conform with the provisions of this Agreement. 13.3 Indemnity. Seller and Purchaser hereby agree to indemnify and hold harmless Title Company against any and all losses, claims, damages, liabilities and expenses, including without limitation, reasonable costs of investigation and attorneys' fees and disbursements which may be imposed upon or incurred by Title Company in connection with its serving as Title Company hereunder, except for any loss, costs or damage arising out of its willful default or gross negligence. The provisions of this Section 13.3 shall survive a termination of this Agreement. [Signature Pages Follow] 22 9839367_4 IN WITNESS WHEREOF, Purchaser and Seller have executed this Agreement on the dates set forth below, effective as of the date first set forth above. SELLER: THE TOWN OF IRONDEQUOIT, a New York municipal corporation By: _______________________________________ Name: David A. Seeley Title: Supervisor Date: ______________________________________ PURCHASER: _________________________________________, _________________________________________ By: ______________________________________ Name: ______________________________________ Title: ______________________________________ Date: ______________________________________ By: ______________________________________ Name: ______________________________________ Title: ______________________________________ Date: ______________________________________ 23 9839367_4 ACKNOWLEDGEMENT BY TITLE COMPANY IN WITNESS WHEREOF, Title Company has signed this Agreement for the limited purposes set forth herein. TITLE COMPANY: Stewart Title Insurance Company By: ________________________________ Name: ________________________________ Title: ________________________________ Date: ________________________________ Schedule 1.1.1 9839367_4 SCHEDULE 1.1.1 Real Property Description [See Attached] Schedule 8.1.1 9839367_4 SCHEDULE 8.1.1 Form of Bargain and Sale Deed BARGAIN AND SALE DEED THIS BARGAIN AND SALE DEED, made the ____ day of ____________, 2021, by and between [_____] (the “Grantor”), and [______] (the “Grantee”). WITNESSETH, that the Grantor, in consideration of One Dollar ($1.00) lawful money of the United States and other good and valuable consideration paid by the Grantee, the receipt and adequacy of which are hereby acknowledged, does hereby grant and release unto the Grantee, its successors, and assigns forever, all right, title, and interest of the Grantor in and to the following: ALL THAT TRACT OR PARCEL OF LAND situate in the [_____], and State of New York as set forth and described on Schedule “A” attached hereto and made a part hereof. Tax Map Number: Property Address: Tax Mailing Address: TOGETHER with the appurtenances and all the estate and rights of the Grantor in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the Grantee, its successors, and assigns forever. SUBJECT to such other grants, easements, reservations, covenants, agreements, and restrictions of record in the [_____] County Clerk’s Office, as may pertain to or affect the above described premises. AND THE GRANTOR covenants that it has not done or suffered anything whereby the above described premises have been encumbered in any way whatever, except as aforesaid, and in compliance with Section 13 of the Lien Law, covenants that the Grantor will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. BEING and hereby intending to convey the same premises conveyed to the Grantor by [______]. [Remainder of page left intentionally blank. Signature page to follow] Schedule 8.1.1 9839367_4 IN WITNESS WHEREOF, the Grantor has executed this Deed the day and year first above written. [__________________] By: ___________________________ Name: Title: STATE OF ___________ ) COUNTY OF _________ ) ss.: On the ____ day of _____ in the year 2021 before me, the undersigned, a notary public in and for said state, personally appeared ____________ personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. _____________________________________ Notary Public Schedule 8.1.2 9839367_4 SCHEDULE 8.1.2 Form of Assignment and Assumption Agreement ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT, by and between ___________________________________________________, a _________________________ (“Assignor”), and _________________________________, a __________________________ (“Assignee”). WHEREAS, Assignor and Assignee entered into that certain Purchase and Sale Agreement (“Agreement”) dated ________________, 20__, for the sale and purchase of certain “Property”, consisting of certain “Real Property” (as more particularly described in Exhibit A), “Personal Property”, and “Intangible Property” (as more particularly described in this Assignment and Assumption Agreement), as said terms are defined in the Agreement; WHEREAS, Assignor desires to quitclaim unto Assignee all of Assignor’s right, title and interest in and to the Intangible Property as hereinafter provided; and WHEREAS, Assignee desires to assume the duties and obligations of Assignor with respect to the Intangible Property. NOW, THEREFORE, in accordance with the Agreement and in consideration of the sum of Ten Dollars ($10.00), the sufficiency and receipt of which are hereby acknowledged, the parties do hereby covenant and agree as follows and take the following actions: 1. Assignor does hereby quitclaim unto Assignee all of the Assignor’s right, title and interest in and to the following property to the extent the same is transferable by Assignor (collectively, “Intangible Property”): (a) those contracts and agreements of any kind for the maintenance, repair or operation of the Property, if any, set forth on Exhibit B attached hereto and incorporated herein by this reference (collectively, “Contracts”); (b) any and all transferrable licenses, permits, authorizations, certificates of occupancy and other approvals that are in effect as of the date of this Assignment and Assumption Agreement and necessary for the current use and operation of the Property (collectively, “Permits”); and (c) any and all transferrable warranties, telephone exchange numbers, architectural or engineering plans and specifications, and development rights that exist as of the date of this Assignment and Assumption Agreement and relate to the Real Property or the Personal Property and which are being assigned (collectively, “General Intangibles”). 2. THE INTANGIBLE PROPERTY IS BEING QUITCLAIMED “AS IS”, “WHERE IS”, AND “WITH ALL FAULTS” AS OF THE DATE OF THIS ASSIGNMENT AND ASSUMPTION AGREEMENT, WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER AS TO ITS CONDITION, FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED. ASSIGNOR SPECIFICALLY DISCLAIMS ANY Schedule 8.1.2 9839367_4 WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST OR PRESENT, EXPRESS OR IMPLIED, CONCERNING THE INTANGIBLE PROPERTY OR ASSIGNOR’S TITLE THERETO. ASSIGNEE IS HEREBY THUS ACQUIRING THE INTANGIBLE PROPERTY BASED SOLELY UPON ASSIGNEE’S OWN INDEPENDENT INVESTIGATIONS AND INSPECTIONS OF THAT PROPERTY AND NOT IN RELIANCE UPON ANY INFORMATION PROVIDED BY ASSIGNOR OR ASSIGNOR’S AGENTS OR CONTRACTORS. 3. Assignee hereby accepts the foregoing assignment of the Intangible Property and hereby assumes all duties and obligations of Assignor with respect to (a) the Intangible Property for the period on and after the date of this Assignment and Assumption Agreement, and (b) any and all refundable deposits paid by contractors (and required interest on those deposits, if any) under Contracts as of the date hereof, whether Assignee has received those deposits or interest or a credit therefore at Closing or not. Assignee shall defend, indemnify and hold harmless Assignor from and against any and all “Claims” asserted against or incurred by Assignor in connection with (a) any acts or omissions, on or after the date of this Assignment and Assumption Agreement with respect to the Intangible Property and/or (b) the deposits and interest assumed by Assignee hereunder. “Claims” means claims, demands, causes of action, losses, damages, liabilities, judgments, costs and expenses (including attorneys’ fees, whether suit is instituted or not). 4. This Assignment and Assumption Agreement shall be (a) binding upon, and inure to the benefit of, the parties to this Assignment and Assumption Agreement and their respective heirs, legal representatives, successors and assigns, and (b) construed in accordance with the laws of the jurisdiction in which the Real Property is located, without regard to the application of choice of law principles, except to the extent such laws are superseded by federal law. [Signature Pages Follow] Schedule 8.1.2 9839367_4 IN WITNESS WHEREOF, Assignor has signed and delivered this Assignment and Assumption Agreement as of the _____ day of _______________, 2021. ASSIGNOR: By: Print Name: Title: Schedule 8.1.2 9839367_4 IN WITNESS WHEREOF, Assignee has signed and delivered this Assignment and Assumption Agreement as of the _____ day of _______________, 2021. ASSIGNEE: By: Print Name: Title: Schedule 8.1.6 9839367_4 SCHEDULE 8.1.6 Intentionally Omitted Schedule 8.1.8 9839367_4 SCHEDULE 8.1.8 Form of Bill of Sale BILL OF SALE ______________________________________________________________________________ _____________________________________________________________________________________ ___________________________________________________________ (“Assignor”), in accordance with the Purchase and Sale Agreement dated _______________, 2021 and in consideration of the sum of Ten Dollars ($10.00) (the sufficiency and receipt of which are hereby acknowledged), does hereby quitclaim unto _________________________________________ a _____________________________ (“Assignee”), all of Assignor’s right, title and interest in and to all of the furniture, furnishings, fixtures, equipment and other tangible personal property that is affixed to and/or located at the Real Property described in Exhibit A as of the date hereof and used in connection with the management, operation, or repair of that Real Property (collectively, “Personal Property”). TO HAVE AND TO HOLD the Personal Property unto Assignee and Assignee’s heirs, legal representatives, successors and assigns forever. THE PERSONAL PROPERTY IS BEING QUITCLAIMED “AS IS”, “WHERE IS”, AND “WITH ALL FAULTS” AS OF THE DATE OF THIS BILL OF SALE, WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER AS TO ITS CONDITION, FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED. ASSIGNOR SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST OR PRESENT, EXPRESS OR IMPLIED, CONCERNING THE PERSONAL PROPERTY OR ASSIGNOR’S TITLE THERETO. ASSIGNEE IS HEREBY THUS ACQUIRING THE PERSONAL PROPERTY BASED SOLELY UPON ASSIGNEE’S OWN INDEPENDENT INVESTIGATIONS AND INSPECTIONS OF THAT PROPERTY AND NOT IN RELIANCE UPON ANY INFORMATION PROVIDED BY ASSIGNOR OR ASSIGNOR’S AGENTS OR CONTRACTORS. ASSIGNOR HAS MADE NO AGREEMENT TO ALTER, REPAIR OR IMPROVE ANY OF THE PERSONAL PROPERTY. [Signature Pages Follow] Schedule 8.1.8 9839367_4 IN WITNESS WHEREOF, Assignor has signed and delivered this Bill of Sale as of the _____ day of _______________, 2021. ASSIGNOR: By: Print Name: Title: Schedule 8.1.8 9839367_4 IN WITNESS WHEREOF, Assignee has signed and delivered this Bill of Sale as of the _____ day of _______________, 2021. ASSIGNEE: By: Print Name: Title: Schedule 8.1.8 9839367_4 SCHEDULE 8.1.9 Intentionally Omitted Schedule 8.1.10 9839367_4 SCHEDULE 8.1.10 Intentionally Omitted 9839367_4 Exhibit A (Form Site Access Agreement) 1 9884293_1 SITE ACCESS AGREEMENT THIS SITE ACCESS AGREEMENT (this “Agreement”) is made as of this ___ day of ___________, 2021 (the “Effective Date”), by and between the TOWN OF IRONDEQUOIT, a New York municipal corporation having an address of 1280 Titus Avenue, Irondequoit, NY 14617 (“Licensor”), and _________________, a ________________________ with an address of ___________________________________________ (“Licensee”) (individually, a “Party” and collectively, the “Parties”). W I T N E S S E T H: WHEREAS, Licensor is the owner of that certain real property located at 2180 East Ridge Road in the Town of Irondequoit, Monroe County, State of New York, and having a Tax Identification No. of 077.18-3-78.1 (the “Property”); and WHEREAS, in order to consider a possible business transaction between the Parties (generally referred to herein as the “Transaction”), it may be necessary and desirable for Licensee to gain access to the Property to perform certain assessments, physical inspections, and analyses; and WHEREAS, Licensor is willing to grant such access to the Property expressly upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the foregoing promises and the mutual covenants contained herein, together with other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, Licensor and Licensee do hereby agree as follows: 1. Property Access. Subject to the terms and conditions contained herein, Licensor hereby grants Licensee a revocable non-exclusive license to access the Property for the sole purpose of allowing Licensee and Licensee’s agents, consultants and contractors (collectively, “Licensee’s Representatives”) to enter upon the Property at reasonable times and upon reasonable prior notice to Licensor, to conduct such inspections and/or tests (the “Inspections”) necessary to satisfy Licensee in its sole discretion; provided, however, that (i) Licensee shall maintain or have Licensee’s Representatives maintain and provide Licensor proof of commercial general liability insurance of not less than $1,000,000.00 combined single limit for bodily injury, death, or property damage, covering all of Licensee’s or Licensee’s Representatives’ activities at the Property, with all of such insurance policies naming Licensor as an additional insured; and (ii) Licensor or its representative shall be afforded the right to accompany Licensee on any Inspections. Notwithstanding anything contained in this Agreement to the contrary, Licensee shall not be permitted to conduct “invasive” investigation, testing or sampling at the Property, including, without limitation, soil borings, groundwater sampling or other matters commonly contemplated by a Phase II environmental site assessment. Licensee shall comply with all applicable laws, rules and regulations in connection with the Inspections. Licensee agrees to indemnify and hold Licensor harmless for any claims, losses, costs, expenses or actual damages caused or suffered by Licensor as a result of such Inspections and further agrees to repair any damage and restore the Property to substantially the same condition existing prior to any Inspections. All Inspections shall be carried out at Licensee’s sole risk and Licensee’s sole cost and expense. Licensee shall provide Licensor with copies of any reports or other findings Licensee receives in connection with its Inspections. This Section 1 shall survive the termination of this Agreement and/or the closing of the Transaction, if applicable. 9884293_1 2 2. Term. The term of this Agreement shall begin on the Effective Date and shall be terminable by Licensor at any time upon prior written notice to Licensee. Notwithstanding the foregoing, in the event that the Parties enter into a purchase and sale agreement f or the Transaction, this Agreement shall automatically terminate upon the date that such purchase and sale agreement is executed. 3. Licensee’s Right to Access the Property. Licensee shall arrange for access to the Property by contacting Licensor and/or Licensor’s broker at least two (2) business days in advance of desired access. Licensee acknowledges that its use of the Property shall not be exclusive, and that Licensee’s rights to the Property hereunder are limited to the least amount of access reas onably required to conduct the Inspections. 4. Non-Interference. Licensee shall use best efforts, and shall cause all of Licensee’s Representatives to use best efforts, to avoid any interference with the activities of Licensor at the Property while conducting the Inspections. 5. Successors and Assigns. All rights and obligations of the Parties hereunder shall inure to the benefit of and shall be binding upon their successors and assigns. Notwithstanding the foregoing, Licensee shall not assign its rights hereunder without the prior written consent of Licensor, which consent may be given or withheld in Licensor’s reasonable discretion. 6. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Signatures of this Agreement exchanged by facsimile, email or other electronic means shall have the same force and effect as an original signature. 7. Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to principles of conflict of laws. 8. Entire Agreement. The Agreement, together with the exhibits attached hereto and made a part hereof, is the entire agreement. Unless otherwise agreed to by the Parties in writing, there are no other promises, representations, or warranties affecting this Agreement. 9. Construction. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in the construction or interpretation of this Agreement. 10. Headings. Any section or paragraph headings contained in this Agreement are used only as a matter of convenience and reference and are in no way inte nded to define, limit, expand, or describe the scope of this Agreement. [Signature Page Follows] 9884293_1 3 IN WITNESS WHEREOF, Licensor and Licensee have executed this Agreement as of the date first above written. Licensor: THE TOWN OF IRONDEQUOIT By: ______________________ Name: Title: Licensee: ______________________________ By: ______________________ Name: Title: