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HomeMy Public PortalAbout2021.07.13 WKSP Packet WORKSHOP MEETING JULY 13, 2021 5:00 PM AGENDA 07-09-2021 PLEDGE OF ALLEGIANCE ROLL CALL REVIEW OF AGENDA ITEMS FOR THE JULY 20, 2021 RTB MEETING ITEM(S) FOR BOARD ACTION 7WS2021-1 RESOLUTION Authorizing the Appointment of a Full-Time Recreation Assistant in the Recreation Department 7WS2021-2 RESOLUTION Authorizing the Appointment of a Second Full-Time Recreation Assistant in the Recreation Department 7WS2021-3 RESOLUTION Authorizing the Appointment of a Part-Time Office Clerk IV in the Justice Court 7WS2021-4 RESOLUTION Authorizing the Appointment of a Seasonal Full-Time Laborer in the Department of Public Works 7WS2021-5 RESOLUTION Authorizing the Appointment of a Seasonal Full-Time Light Laborer in the Building Maintenance Department 7WS2021-6 RESOLUTION Authorizing the Supervisor to Enter into a Contract with Emminger, Newton, Pigeon & Magyar, Inc. for the 2022 Reassessment Project 7WS2021-7 RESOLUTION Authorizing Submission of an Application to the Environmental Protection Fund for Parks & Historic Preservation 7WS2021-8 RESOLUTION Authorizing the Commitment of Funds and Making Necessary Budget Transfer in Advance of Grant Funding from New York State **NEXT REGULAR TOWN BOARD MEETING…TUESDAY, JULY 20, 2021 @ 7 pm ** Resolution No. 2021- __________ EXTRACT OF MINUTES OF A WORKSHOP MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE APPOINTMENT OF A FULL TIME RECREATION ASSISTANT IN THE RECREATION DEPARTMENT At a WORKSHOP 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 13th day of July 2021, at 5:00 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 Full Time Recreation Assistant in the Irondequoit Recreation Department; and WHEREAS, this is a non- competitive Civil Service position which was posted on various platforms in order to reach as many people as possible; and WHEREAS, the Recreation Director has interviewed numerous candidates and recommends appointing Mitchell Elliot to the position of Full Time Recreation Assistant; and NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Mitchell Elliot as a Full Time Recreation Assistant to be paid $18.46 per hour from Budget Code 001.7140.0100.1100.7146. 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 WORKSHOP MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE APPOINTMENT OF A SECOND FULL TIME RECREATION ASSISTANT IN THE RECREATION DEPARTMENT At a WORKSHOP 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 13th day of July 2021, at 5:00 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 Full Time Recreation Assistant in the Irondequoit Recreation Department; and WHEREAS, this is a non- competitive Civil Service position which was posted on various platforms in order to reach as many people as possible; and WHEREAS, the Recreation Director has interviewed numerous candidates and recommends appointing Charles Hazlett to the position of Full Time Recreation Assistant; and NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Charles Hazlett as a Full Time Recreation Assistant to be paid $19.23 per hour from Budget Code 001.7140.0100.1100.7146. 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 WORKSHOP MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE APPOINTMENT OF A PART TIME OFFICE CLERK IV IN JUSTICE COURT At a WORKSHOP 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 13th day of July 2021, at 5:00 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 part time Office Clerk IV in the Irondequoit Justice Court; and WHEREAS, this is a non- competitive Civil Service position which was posted on various platforms in order to reach as many people as possible; and WHEREAS, the Court Administrator has interviewed numerous candidates and recommends appointing Brandie Kuter to the position of part time Office Clerk IV; and NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Brandie Kuter as a part time Office Clerk IV to be paid $15.00 per hour from Budget Code 001.1110.102.1100. 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 WORKSHOP MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE APPOINTMENT OF A SEASONAL LABORER IN THE DEPARTMENT OF PUBLIC WORKS At a WORKSHOP 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 13th day of July 2021, at 5:00 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 Seasonal Laborer in the Department of Public Works; and WHEREAS, this is a Seasonal non- competitive Civil Service position which was posted on various platforms in order to reach as many people as possible; and WHEREAS, the Commissioner of Public Works has interviewed numerous candidates and recommends appointing Jayson Elder to the position of Seasonal Laborer; and NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Jayson Elder as a Seasonal Laborer to be paid $14.50 per hour from Budget Code 031.8120.0110.1100. 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 WORKSHOP MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE APPOINTMENT OF A SEASONAL FULL TIME LIGHT LABORER IN THE BUILDING MAINTENANCE DEPARTMENT At a WORKSHOP 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 13th day of July 2021, at 5:00 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 Seasonal Light Laborer in the Building Maintenance Department to work at the Irondequoit Boat Launch; and WHEREAS, this is a non- competitive Civil Service position which was posted on various platforms in order to reach as many people as possible; and WHEREAS, the Commissioner of Public Works has interviewed numerous candidates and recommends appointing Angelo Hamm to the position of Seasonal Light Laborer; and NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Angelo Hamm as a Seasonal Light Laborer to be paid $14.50 per hour from Budget Code 001.7110.0110.1100.7158. 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 _______ 10125639_3 Resolution No. 2021-________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD AUTHORIZING THE SUPERVISOR TO ENTER INTO CONTRACT WITH EMMINGER, NEWTON, PIGEON & MAGYAR, INC. FOR THE 2022 REASSESSMENT PROJECT At the 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 13th of July, 2021 at 5:00 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, Section 305 of New York State Real Property Tax Law mandates uniform and equitable assessments; and WHEREAS, consistent with this mandate and to ensure that the assessments within the Town are uniform and reasonable, the Town desires to engage a consultant to provide services related to a town-wide reassessment (the “Services”); and WHEREAS, the Town issued a Request for Proposals (“RFP”) soliciting written proposals from qualified organizations to provide the Service s and received three proposals and conducted interviews with three organizations; and WHEREAS, after due consideration, the Town selects Emminger, Newton, Pigeon & Magyar, Inc. to provide the Services; WHEREAS, Emminger, Newton, Pigeon & Magyar, Inc. will aid the Assessor in all aspects of the reassessment project as outlined in the Proposal for the 2022 Revaluation Project; WHEREAS, pursuant to New York Town Law, the Town Board may transfer funds from the general fund to other funds; and WHEREAS, funding for this purchase is available in the general fund balance and will be transferred to Revaluation Contracted services 001.1356.4120. 10125639_3 NOW, THEREFORE, BE IT RESOLVED, that the Town Board approves the supervisor to enter into an agreement with Emminger, Newton, Pigeon & Magyar, Inc. for 2022 Reassessment Project services for the total price of $298,000. AND, BE IT FURTHER RESOLVED, that the Town Board authorizes a transfer from the general fund balance to Revaluation Contracted Services 001.1356.4120 in the amount of $298,000 for the services. AND, BE IT FURTHER RESOLVED, that the Town Board authorizes the Town Supervisor to execute any and all documents related to this contract 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 __________ AGREEMENT FOR SERVICES RELATED TO THE TOWN OF IRONDEQUOIT’S 2022 REASSESSMENT PROJECT THIS AGREEMENT (“Agreement”) is by and between TOWN OF IRONDEQUOIT, having its principal office and place of business at Town Hall, 1280 Titus Avenue, Rochester, New York 14617 (the “Town”) and EMMINGER, NEWTON, PIGEON & MAGYAR, INC. having its principal place of business at 2440 Sheridan Drive, Suite 100, Tonawanda, New York 14150 (the “Contractor”). WHEREAS, the Town is a municipal corporation that has authorized this Agreement by Resolution #2021-*** adopted by the Town Board on July 13, 2021 and has authorized the Town Supervisor to execute same; and WHEREAS, the Contractor desires to provide Real Property Reassessment Services for the 2022 Assessment Roll for the Town of Irondequoit and has affirmatively represented that it is qualified to do so; and NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the parties do hereby agree as follows: 1. Engagement. The Town hereby engages the Contractor to provide Real Property Reassessment Services for the 2022 Assessment Roll (“Services”), subject to the terms and conditions of this Agreement. The Services to be provided by the Contractor are set forth in Addendum C, which is attached hereto and made a part hereof. 2. Term and Termination. This Agreement shall be in full force and effect from July 13, 2021 to June 30, 2022, or the date of the last meeting of the Board of Assessment Review for the 2022 assessment year, whichever is earlier. The Town reserves the right to cancel this Agreement on 5 (5) days’ notice for failure to perform on the part of the Contractor. Upon termination, the Town may take over the work to be performed and complete same by contract or otherwise, and the Contractor shall be liable to the Town for any excess cost incurred as a result. The total fee payable to the Contractor under this Agreement upon such termination shall be proportional to the value of the work satisfactorily completed. 3. Payment. a. The Town agrees to pay the Contractor for its Services subsequent to receipt of an invoice. The costs for these services shall be in accordance with the invoicing procedures set forth in Addendum D attached hereto. b. No payment shall be made except upon the submission of duly executed invoice. Payments will be received, audited, and paid in accordance with Town of Irondequoit policy in effect at the time of billing. c. As an independent contractor, Contractor agrees and understands that it is not entitled to any other benefits and privileges established for Town employees agents or subcontractors, such as life, accident or health insurance, vacation and sick leave with pay, paid holidays, or severance pay upon termination of this 2 Agreement for any reason. In accordance with Contractor’s independent contractor status, payments to Contractor shall not constitute wages/salary and therefore, no amounts shall be deducted for federal and State employment, Social Security or other taxes or employee benefit claims. Contractor shall be individually responsible for filing and paying self-employment and withholding taxes, if applicable. 4. Contractor’s Duties and Obligations. The Contractor shall: a. Abide by all Town Codes; b. Devote its attention and best efforts to provide the Services described in Section 1 and Addendum C of this Agreement in accordance with the provisions of this Agreement; c. Provide all personnel necessary to perform the Services set forth in this Agreement. Any failure or inability of any person, due to illness or otherwise, shall be the responsibility of the Contractor and the Contractor shall, at its expense, take such measures as are necessary to insure that the Services are provided. Employees of the Contractor shall comply with all provisions of this Agreement imposed on the Contractor; d. At all times be solely responsible for all means, methods, techniques, sequences and procedures of the Services, and the acts and omissions of all employees, agents and all other persons performing any of the Services; e. At Contractor’s sole expense, restore all damaged or injured items including infrastructure to a condition acceptable to the Town; f. Have sole responsibility for the health, safety, and welfare of its employees, agents and all other persons performing any of the Services. At all times while performing Services at a Town location, Contractor, as well as its employees, agents and all other persons performing any of the Services, will also comply with all applicable federal, New York State and Town of Irondequoit health, safety, security and environmental laws, regulations, procedures, policies and guidelines. g. Provide all equipment and materials necessary to provide the Services. Any failure of equipment or materials shall be the responsibility of the Contractor, and the Contractor shall, at its expense, take such measures as are necessary to ensure that the Services are provided; h. Provide for, secure, and/or be solely responsible for any and all required fees, permits, Workers’ Compensation coverage, Unemployment Insurance, Disability Insurance, Social Security contributions, income tax withholding and any other insurance or taxes, including but not limited to federal and state taxes, for any person performing the Services pursuant to this Agreement, including the Contractor and any employee of the Contractor. Any and all insurance coverage 3 secured by the Contractor must comply with the requirements set forth in to this Agreement; i. Comply with all applicable equal employment opportunity and non-discrimination requirements, including those set forth in Section 12 of this Agreement; j. Be available at all reasonable times to consult with appropriate representatives of the Town concerning any Services performed or to be performed by the Contractor under this Agreement; k. Not assume or create any obligations expressed or implied on behalf of the Town; and l. Pay all expenses associated with the rendering of services pursuant to this Agreement. The Town shall not reimburse any expenses on behalf of the Contractor. 5. Reports and Records. The Contractor agrees that the Town shall, until the expiration of three (3) years after final payment, have access to and the right to examine pertinent books, documents, papers and records of the Contractor and of any of the employees or subcontractors engaged in the performance of Services pursuant to the Agreement. This right shall also extend to auditors of the New York State or federal governments conducting audits of Town business. 6. Insurance and Indemnification. The Contractor shall execute and comply with the Indemnification Agreement set forth in Addendum A to this Agreement. The Indemnification Agreement shall survive the expiration and/or termination of this Agreement. 7. Independent Contractor. In the performance of the work, duties and obligations undertaken by Contractor under this Agreement, it is mutually understood and agreed that Contractor is at all times acting and performing as an independent contractor. Except for the establishment of standards and parameters for the provision of Services hereunder, the Town shall neither have nor exercise control over the methods by which Contractor shall perform Services under this Agreement. Contractor agrees to provide Services within the parameters established by the Town, but Contractor will retain the right to determine the day-to-day methods by which the Services will be performed. However, this shall in no way interfere with the right of Town to determine whether Contractor is adequately, and in good faith, discharging his/her duties under this Agreement. 8. Workers’ Compensation. This agreement shall be void and of no effect unless the Contractor shall secure compensation for, and keep insured during the life of this Agreement, any and all of Contractor’s employees as are required to be insured under the Workers’ Compensation Law of the State of New York. 9. Representations and Warranties of Contractor. Contractor represents and warrants as follows: a. Contractor is licensed to do business in the State of New York. b. Contractor has the requisite authority to execute and deliver this Agreement and 4 perform its obligations hereunder. c. The performance of the Contractor’s obligations hereunder does not and will not violate or conflict with any obligation the Contractor may have to any third party. d. The Contractor and its employees and/or agents are sufficiently experienced, properly qualified, equipped, organized and financed to perform the Services in compliance with the terms of this Agreement. e. The Contractor shall perform the Services in a professional manner, consistent with the standard of skill and care exercised by the best contractors on projects of comparable scope and complexity, in a similar location and in conformance with the requirements of this Agreement. f. The Contractor shall comply with all federal, state, and local laws and regulations applicable to the performance of its obligations under this Agreement. 10. Severability. The provisions of this Agreement shall be severable and should any court determine that any part of this Agreement is invalid or unenforceable, such part or portion shall be deemed severed and shall not affect the enforceability of the other provisions hereof. 11. Notices. Each notice, report, demand, waiver, consent and other communication required or permitted to be given hereunder shall be in writing and shall be sent by registered or certified first-class mail, postage prepaid and return receipt requested, or via a nationally recognized courier service, addressed to the authorized agent as follows: If to Contractor, to: Emminger, Newton, Pigeon & Magyar, Inc. 2440 Sheridan Drive, Suite 100 Tonawanda, NY 14150 Attn: Joseph Emminger If to the Town, to: Irondequoit Town Hall 1280 Titus Ave Rochester, New York 14617 Attn: Assessor Either party may specify in writing, in the manner prescribed above, another address to which subsequent notice to such party shall be given, and the Town Supervisor may designate another officer or agent of the Town of Irondequoit for purposes of notice. Any notice or communication given hereunder shall be deemed to have been given as of the date immediately following the date so mailed; provided, however, that if such following date shall be Saturday, Sunday, or a legal holiday, then the date of the notice shall be the next regular business day. The parties reserve the right to designate other or additional agents upon written notice to the other party which shall be signed by the authorized agent of the requesting party. 5 12. Equal Opportunity. a. General Policy: The Town reaffirms its policy of Equal Opportunity and its commitment to require all contractors, consultants, lessors, vendors and suppliers doing business with the Town to follow a policy of Equal Opportunity, in accordance with the requirements set forth herein. The Town further does not discriminate on the basis of handicap status in admission or access to, or treatment or employment in its programs and activities. The Town is including these policy statements in all bid documents, contracts and leases. Contractors, lessors, vendors and suppliers shall comply with all State and Federal Equal Opportunity laws and regulations and shall submit documentation regarding Equal Opportunity upon the Town’s request. b. Compliance: The Contractor shall comply with all of the following provisions of this Equal Opportunity Requirement: 1. The Contractor shall not discriminate on the basis of age, race, creed, color, national origin, sex, sexual orientation, disability, marital status, or handicap status in the performance of services or programs pursuant to this Agreement. 2. The Contractor agrees to make a good faith effort to employ minority group persons and females and that in hiring employees and performing work under this Agreement or any subcontract hereunder, the Contractor, and its subcontractors, if any, shall not, by reason of age, creed, race, color, national origin, sex, sexual orientation, disability, marital status, or handicap, discriminate against any person who is qualified and available to perform the work to which the employment relates. 3. The Contractor agrees to ensure that applicants are employed and that employees are treated during their employment without regard to their race, color, religion, sex, age or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotions or transfers, recruitment and recruitment advertising, layoffs, terminations, rates of pay and other forms of compensation, and selection for training, including apprenticeship. 4. The Contractor agrees to post notices in conspicuous places available to employees and applicants for employment, and to include language in all solicitations or advertisements for employment placed by or on behalf of the Consultant, reflecting this non-discrimination policy. 5. If the Contractor is found to have engaged in discrimination in employment on the grounds of age, race, creed, color, national origin, sex, sexual orientation, disability. marital status, or handicap status, by any court or administrative agency that has jurisdiction pursuant to any State or Federal Equal Opportunity Laws and regulations, such determination will be deemed to be a breach of contract and this Agreement will be terminated in whole or part without any penalty or damages to the Town on account of 6 such cancellation or termination, and the Contractor shall be disqualified from thereafter selling to, submitting bids to, or receiving awards of contract with the Town for goods, works, or services until such time as the Contractor can demonstrate its compliance with this policy and all applicable Federal and State Equal Opportunity laws and regulations. 6. The Contractor shall cause the foregoing provisions to be inserted in all subcontracts, if any, for any work covered by this Agreement so that such provisions will be binding upon each subcontractor. 13. Compliance with all Laws. The Contractor agrees that during the performance of the work required pursuant to this Agreement, the Contractor, and all employees or subcontractors working under the Contractor’s direction shall strictly comply with all local, state or federal laws, ordinances, rules or regulations controlling or limiting in any way the performance of work required by this Agreement, including any such laws, ordinances, rules or regulations relating to the protection and equitable treatment of children and and/or people with disabilities. 14. Miscellaneous. a. Non-Exclusive Agreement. Nothing contained in this Agreement shall limit the Contractor’s ability to enter into any agreement to provide similar service to any outside party; nor shall anything in this Agreement limit the Town’s right to offer similar services itself, or through one or more additional vendors. b. Effect of Agreement. This Agreement, inclusive of the Addenda and attachments, which are incorporated herein and deemed to be a part of this Agreement, sets forth the entire understanding of the parties, and supersedes any and all prior agreements, arrangements and understandings, written or oral, relating to the subject matter thereof. The documents between the Town and Contractor attached to this Agreement are ranked by order of preference for all contract interpretation purposes as follows: (i) This Agreement including Addenda “A” through “D” attached hereto. (ii) Town of Irondequoit Town Board Resolution #2021-***, adopted July 13, 2021 authorizing this Agreement. (iii) Any modification duly agreed to by the parties after execution of this Agreement. (iv) Bid Solicitation Packet #2021-6. (v) Contractor’s Bid dated June 2, 2021, including all attachments and addenda. c. Amendment and Waiver. This Agreement may be amended only by a writing executed by each of the parties hereto. No waiver of compliance with any provision or condition hereof, and no consent provided for herein, shall be effective unless evidenced by an instrument in writing duly executed by the party sought to be charged therewith. No failure on the part of any party to exercise, and no delay in exercising, any of its rights hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by any party of any right preclude 7 any other or future exercise thereof or the exercise of any other right. d. Survival of Representations. All the rights and duties of the parties created by this Agreement shall survive with respect to services performed prior to the termination of this Agreement. e. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of New York applicable to agreements made and to be performed entirely within such State without reference to any conflicts of law principles thereof. f. Disputes. Any legal action in connection or related to this Agreement shall be brought in a court located in Monroe County, New York. g. Remedies Cumulative. The remedies granted in this Agreement are cumulative and in addition to any other remedies to which the parties may be entitled arising from any violation, default or breach of this Agreement. h. Non-Assignment. The Contractor is prohibited from assigning, transferring, conveying, subletting or otherwise disposing of this Agreement or any of its contents, or of any right, title or interest therein or of the power to execute this Agreement, to any other individual or entity without the Town’s written consent. i. Binding Effect. Subject to the provisions of Section 14(h) above, this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. This Agreement creates no rights of any nature in any person not a party hereto. j. Savings Clause. If any provision of this Agreement is found, by a court or administrative body of competent jurisdiction, to violate any applicable federal, state or local law or regulation, then such provision of this Agreement shall be null and void. All other provisions of this Agreement unaffected by such finding shall remain in full force and effect. k. Headings; Counterparts. The headings used in this Agreement are for convenience of reference only and do not form a part hereof and shall not be used in any way to modify, interpret or construe the intent of the parties. This Agreement may be executed in more than one counterpart, each of which shall be deemed an original, and all of which together shall constitute the same instrument. l. Contract Deemed Executory. The Contractor specifically agrees that this Agreement shall be deemed executory only to the extent of the monies available for purpose of the within Agreement as authorized by the Irondequoit Town Board, and that no liability shall be incurred by the Town beyond the monies available for said purpose. [Signature Page to Follow] 8 IN WITNESS WHEREOF, the parties have duly executed this Agreement on the date first written above. Emminger, Newton, Pigeon & Magyar, Inc. Joseph Emminger, President Emminger, Newton, Pigeon & Magyar, Inc. Sworn to before me this ___ day of ____________, 20__ By: _________________________ Joseph Emminger Notary Public Town of Irondequoit By: David Seeley Town Supervisor Sworn to before me this ___ day of ____________, 20__ Notary Public 9 ADDENDUM “A” INDEMNIFICATION AGREEMENT THIS AGREEMENT (“Agreement”) is by and between TOWN OF IRONDEQUOIT, having its principal office and place of business at Town Hall, 1280 Titus Avenue, Rochester, New York 14617 (hereinafter referred to as the “Town”) and EMMINGER, NEWTON, PIGEON & MAGYAR, INC., having its principal place of business at 2440 Sheridan Drive, Suite 100, Buffalo, New York 14150 (the “Contractor”). WITNESSETH WHEREAS, pursuant to the Agreement for Services Related to the Town of Irondequoit 2022 Reassessment Project by and between the Town and the Contractor, the terms of which are incorporated into and deemed to be a part of this Agreement (the “Contract”), the Contractor has offered to provide services to the Town according to a schedule agreed upon by the Town and the Contractor. NOW, THEREFORE, in consideration to each other, the parties hereto agree as follows: 1. The Contractor agrees to fully indemnify, save and hold harmless the Town and all of its officers, agents and employees from and against any and all liability of any type whatsoever, including but not limited to any and all damages, expenses, causes of actions, lawsuits, claims, penalties, fines, assessments or judgment relating to, or arising out of or occurring in connection with the performance of the Contract, whether based on claims of negligent, intentional or reckless acts or omissions of the contractor, or its officers, employees or agents, including but not limited to claims brought against the Town, or its officers, employees and agents by third parties, or employees of the contractor. 2. The Contractor shall, at its own cost and expense, defend any and all actions or suits which may be brought against the Town or any of its officers, against, or employees, or in which the Town or said officers, agents, or employees may be impleaded with others upon any such above-mentioned claim. 3. In the event of the Contractor’s failure to do so, the Town (at its option without being obliged to do so) may at the Contractor’s cost and expense and upon prior written notice to the Contractor defend any and all such suits or actions. The Contractor shall satisfy, pay and discharge any and all judgments that may be recovered against the Town or any of its officers, agents or employees in any such suits or actions which may be brought against the Town or any of its officers, agents or employees or in which the Town or any of its officers, agents or employees may be impleaded with others. The Contractor shall pay the reasonable cost of any such defense including but not limited to the Town’s attorney’s fees. 4. The Contractor’s obligations hereunder shall not be deemed, waived, limited or discharged by the enumeration or procurement of any insurance for liability or damages hereunder. 5. It is agreed that this indemnification agreement pertains only to those claims arising from the any negligent or intentional actions or omissions of the Contractor, or the Contractor’s employees or agents alleged to arise on Town property or prior, during or after the performance of 10 services under this Contract. This Agreement shall survive the expiration and/or termination of the Contract. 6. The Contractor agrees, as a condition precedent to the contract becoming binding, and prior to the performance of any work or service pursuant to the contract, to obtain liability insurance fully indemnifying the Town of Irondequoit from any and all damages, expenses, causes or action, lawsuits, claims, penalties, fines, assessments or judgments relating to or arising out of or occurring in connection with the performance of the contract. Said policy shall be obtained from a carrier acceptable to the Town insurance agent and shall be in such amount(s) and include such terms and conditions as shall be determined by said Town insurance agent and Town Attorney and shall name the Town of Irondequoit and its officers, employees and agents as additional named insureds on the face of the policy. Failure to maintain any such liability insurance policy in full force and effect during the life of the Contract shall be deemed to constitute a material breach of the Contract and this Agreement. 7. The Contractor shall submit a copy of this policy to the Assessor’s Office of the Town of Irondequoit. Approval will be granted at the review by the Town Attorney and the Town Insurance Agent. IN WITNESS WHEREOF, the parties hereto have freely affixed their signatures to this Agreement, with ample time for consultation of counsel, and freely agree to be bound by the terms of this Agreement. Emminger, Newton, Pigeon & Magyar, Inc. Joseph Emminger, President Emminger, Newton, Pigeon & Magyar, Inc. Sworn to before me this ___ day of ____________, 20__ By: ______________________________ Joseph Emminger Notary Public Town of Irondequoit By: David Seeley Sworn to before me this ___ day of ____________, 20__ Notary Public 11 ADDENDUM “B” CERTIFICATE OF INSURANCE & INDEMNIFICATION AGREEMENT REQUIREMENTS 1. Insurance company(ies) providing coverage(s) must carry a minimum “A++VI, A+VII, A VIII or A-IX” rating in the current version of A.M. Best’s Insurance Guide and Be licensed to do business New York. 2. A minimum 30 days’ advance notice of cancellation or non-renewal must be given to: Assessor’s Office, 1280 Titus Ave., Rochester, NY 14617. The policy or policies noted below shall be primary to any policies of insurance available to the Town of Irondequoit. The Town and/or its representative retain the right to make inquiries to the contractor, or to its insurance agents or broker and to the insurer(s) directly. 3. A certificate of insurance must be in the Town’s possession prior to Contractor’s first performance of services. The Contractor shall deposit with The Town satisfactory evidence of insurance (including renewals) showing minimum coverage as required above with proof of premiums paid up-to-date, and shall be accompanied by proof that the Town and its officers, employees and agents are named on the policy(ies) as additional named insureds. Annual certificates evidencing insurance coverages shall be provided to Town no later than thirty (30) days prior to each contract year. It is the Contractor’s responsibility to initiate this submission, and the lack of any specific request from the Town shall not eliminate the mandate. Failure to provide binders in a timely manner shall be considered a contract default consistent with the provisions of these specifications. 4. Commercial General Liability: a. A minimum one million dollars ($1,000,000) per occurrence / two million dollars ($2,000,000) aggregate, which shall include coverage for bodily injury, personal injury, and property damage. Coverage shall be at least equal to Insurance Service Office, Inc. (ISO) form CG 0001. b. Contractual Liability coverage shall include coverage for the required Indemnification Agreement. c. Town of Irondequoit and its officers, employees and agents must be named on the policy as an additional insured, on a primary and noncontributory basis. A waiver of subrogation in favor of the Town must apply. 5. Automobile Liability: a. A minimum one million dollars ($1,000,000) combined single limit (bodily injury and property damage) for all owned, hired or borrowed and non- owned motor vehicles, and including additional personal injury protection coverage of $150,000 per person as well as supplementary uninsured motorist coverage in the maximum amount allowed by law. Coverage shall be at least equal to ISO form CA 00 01 with no manuscript endorsements reducing or limiting coverage unless approved beforehand by the Town. 12 b. The Town and its officers, employees, and agents shall be named as additional named insureds on the policy, on a primary and noncontributory basis. A waiver of subrogation in favor of the Town must apply. 6. Workers’ Compensation: Workers Compensation, Employers’ Liability & Unemployment Insurance – Statutory Workers’ Compensation and Employers’' Liability Insurance for all employees. Proof of Workers Compensation Insurance must be on a form approved by the New York State Workers’ Compensation Board. Unemployment insurance covering the contractor’s employees must be consistent with the requirements of New York State law. 7. Disability Benefits Law Coverage: Statutory benefits 8. Minimum Limits: The limits as outlined herein are strictly minimum amounts. The Town encourages the use of higher limits, including excess or umbrella policies, and assumes no liability in the event that claims are presented against the contractor for amounts in excess of these minimum limits. 9. No cancellation of insurance, etc. All insurance certificates shall state that the policy will not be canceled, nor coverage thereunder be reduced or limited, without thirty (30) days prior written notice to Town. It shall further state that a similar thirty (30) days prior written notice will be given to Town prior to the expiration of the policy if renewal coverage is to be refused or such coverage is to be reduced on renewal. Such certificates shall show the name and address of the insured, the policy number, the type of coverage, the inception and expiration dates; shall expressly confirm that Town and its officers, employees and agents are additional named insureds on the policies; and shall clearly state what, if any, coverages are excluded by special or manuscript endorsement or otherwise excepting such as appear in the standard ISO policies as they relate to this agreement. The Town of Irondequoit shall reserve the right to make direct inquiry to the insurance carrier for an explanation of coverages and the contractor shall agree to assist in obtaining any such desired information. The contractor shall acknowledge that failure to provide the mandated insurance on behalf of the Town constitutes a material breach of contract and subjects it to liability for damages, indemnification and all other legal remedies available to the Town. AGREED: ______________________________ CONTRACTOR 13 ADDENDUM “C” SPECIFICATIONS OF REAL PROPERTY REASSESSMENT SERVICES FOR THE 2022 ASSESSMENT ROLL FOR THE TOWN OF IRONDEQUOIT Description Contractor shall: 1. The Contractor will agree to perform the following revaluation services as required, in conformance with the NY State Board’s Rules, as specified in The New York State Rules and Regulations for Real Property Tax Administration which established standards of certification for the state financial reimbursement (9 NYCRR). The State Board’s Rules that must be adhered to are those which are in force as of the date of contract execution. It is the intent of the Town to complete the reassessment in accordance with section 1573 RPTL rules and procedures in order to qualify for State Assistance. 2. Market Data Analysis for 2022 roll: review sales vs. assessment ratios, analyze COD’s and PRD’s for uniformity by neighborhoods and by major property classes [residential, condos, vacant and commercial] and will provide conclusions with the appropriate statistical documentation. Part of the purpose of this documentation is to determine which, if any, of the existing neighborhoods may statistically be acceptable for trending for the 2022 roll and what that trend would be. Contractor will trend the prior year’s assessed values for these neighborhoods and supply the Assessor with any needed extract files to be applied to the County RPSV4 master file; 3. Land Tables: Contractor will build a new set of land tables which will include land pricing estimates for all land types (01 thru 15) for each neighborhood. Table values are to be based on a combination land sales and land/bldg. rates by neighborhood; 4. Residential Cost, Model and Market Tables: Contractor will review the current cost and depreciation tables for any needed updates or changes and apply to RPS and provide the cost ratio, PRD and COD of the final table of the past 3 sales years to the Assessor. Contractor will update the current model(s) for any needed updates or changes and provide the final model(s) ratio, PRD and COD of the final table using valid sales from the past 3 sales years to the Assessor. Further, Contractor will update the current Market options to include valid sales from the past 3 years (trended if needed) and run the preliminary numbers in RPS so that the Assessor can use to print comp sheets for field review. Contractor will also update and apply updates to Project Tables(s) as needed. Valuation date 07-01-2021; 5. Value commercial/industrial properties using the valuation module of the RPSV4 or an equivalent system which incorporates market, income and cost valuation technique. 14 6. Update the Assessor’s office on the statistical reports, sales analysis and revaluation process. (All statistical reports, property review data, maps and notices become property of the town of Irondequoit Assessor’s Office). Assist in preparing notices to affected property owners, including notices regarding real property, as required by New York State; 7. Conduct informal hearings with taxpayers for at least two weeks at hours accessible to the majority of the general public and attend, and prepare to defend values at, a Board of Review meeting on the fourth Tuesday of May, and at any board of Review meetings adjourned to a future date due to revaluation; 8. Accurately maintain and update the existing filing system and all necessary records and documents; 9. Prepare and submit all required forms to the Town of Irondequoit Assessor, including all final reports; 10. Maintain a local telephone number, email account and website with contact information during the contract period; 11. Respond within five business days to any written inquiry by the Town of Irondequoit Assessor; 12. Provide the Town with Quarterly progress reports and provide Town staff with access to the firm’s electronic data management software, if applicable; 13. Provide direct notice of change of value of property owners whose valuation and/or assessment has changed with a list to the Town Assessor; 14. Contractor will provide up to 3 person-days (on site, if requested) to the Assessor for any needed assistance for items not covered above. 15. Conduct a public information campaign as described in the Contractor’s bid proposal; which includes but is not limited to project meetings, press releases, media appearances, pre-inspection letters and project information, education workshops for property owners, video workshops, meetings with civic & community groups, interaction with local real estate professionals, town web site, town board update meetings, informal hearings and BAR training; 16. Provide municipal staff and assessor training on an as needed basis. 17. Small Claims Assessment Review hearings and Tax Certiorari proceedings are NOT part of this agreement. 15 AGREED: ______________________________ CONTRACTOR 16 ADDENDUM “D” PAYMENT INFORMATION Payment for services will be made only upon receipt of itemized invoices by the Town of Irondequoit from Contractor. Non-contracted work over the amount specified in the awarded bid are prohibited and will not be paid by the Town. Exceptions may only be authorized by the Comptroller or her designee prior to delivery. It is understood that payment for this contract will only be made subsequent to receipt of an invoice. Payment of $26,820 will be made on the 1st of each month from August 1, 2021 through April 1, 2022, except August 1, 2021 when the payment will be $53,640. Payment of a 10% retainer, $29,800, will be paid March 1, 2023. Payments will total $298,000. Invoices for services covered by this Agreement shall be mailed or emailed to the following address: Assessor’s Office assessorsoffice@irondequoit.org Attn: Amy Jorstad Town of Irondequoit 1280 Titus Ave Rochester, NY 14617 AGREED: _______________________ Contractor Resolution No. 2021_______ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION TO THE ENVIRONMENTAL PROTECTION FUND FOR PARKS & HISTORIC PRESERVATION At a workshop 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 13th day of July 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 is committed to the redevelopment of the former Department of Public Works Campus after the Department of Public Works was forced to find another location for its operations due to a devastating fire that occurred December of 2016; and WHEREAS, the Town has begun a meeting with various stakeholder groups regarding the Town Hall Master Plan project. The Town has set up a survey for residents to comment on and provide input regarding the brainstorming of various ideas for the space; and WHEREAS, the Town is committed to the redevelopment as a public park; and WHEREAS, the Town Board of the Town of Irondequoit is in support of the 2021 Consolidated Funding Application (CFA) to be submitted to the Environmental Protection Fund for Parks and Historic Preservation for the redevelopment of the Town Hall Campus; and WHEREAS, the Town Board of the Town of Irondequoit authorizes the submission of the 2021 CFA to the Environmental Protection Fund for Parks and Historic Preservation. NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Irondequoit hereby supports and authorizes the submission of the 2021 CFA to be submitted to the Environmental Protection Fund for Parks and Historic Preservation. 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_____________ Resolution No. 2021_______ AUTHORIZING THE COMMITMENT OF FUNDS AND MAKING NECESSARY BUDGET TRANSFER IN ADVANCE OF GRANT FUNDING FROM NEW YORK STATE At a workshop 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 13th day of July at 4:00 p.m. local time; there were PRESENT: David Seeley Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member ___________ offered the following resolution and moved its adoption: WHEREAS, the Town of Irondequoit is committed to the redevelopment of the former Department of Public Works Campus after the Department of Public Works was forced to find another location for its operations due to a devastating fire that occurred December of 2016; and WHEREAS, per resolution 2021-118, the Town Board of the Town of Irondequoit awarded architectural and engineering services to EDR for the Town Hall Master Plan project; and WHEREAS, the Town has begun meeting with various stakeholder groups regarding the Town Hall Master Plan project. The Town has set up a survey for residents to comment on and provide input regarding the brainstorming of various ideas for the space; and WHEREAS, it is necessary for the Town of Irondequoit to match the $500,000 grant application for the 2021 Consolidated Funding Application to the Environmental Protection Fund for Parks and Historic Preservation. NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Irondequoit is committed to the redevelopment of the former Department of Public Works Campus under the Town Hall Master Plan project. AND BE IT FURTHER RESOLVED, that the Town Board authorizes the Comptroller to make an inter-fund transfer to the Town Hall Master Plan capital project fund 302 from the General Fund in order to meet its obligation of a $500,000 match. AND BE IT FURTHER RESOLVED, that the Town Board authorizes the Town Supervisor to execute any and all documents associated with this grant and the grant application. 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_____________