Loading...
HomeMy Public PortalAbout2022.09.20 RTB Packet REGULAR TOWN BOARD MEETING SEPTEMBER 20, 2022 7:00 PM 09-20-2022 1:38 PM 6:45 PM Swearing-in Ceremony for Police Officers PLEDGE OF ALLEGIANCE ROLL CALL SUPERVISOR’S REMARKS & ANNOUNCEMENTS PUBLIC INPUT FINANCIAL REPORT APPROVAL OF MINUTES August 9, 2022 Workshop Meeting August 16, 2022 Regular Town Board Meeting August 26, 2022 Special Town Board Meeting ITEMS FOR BOARD ACTION Appointments 9A2022-1 Resolution Approving an Appointment to the Historic Preservation Commission 9A2022-2 Resolution Authorizing the Hiring of a Part-Time Office Clerk IV in the Justice Court 9A2022-3 Resolution Authorizing the Hiring of a Part-Time Recreation Assistant 9A2022-4 Resolution Authorizing the Hiring of a Second Part-Time Recreation Assistant 9A2022-5 Resolution Authorizing the Hiring of a Working Foreman 9A2022-6 Resolution Authorizing the Hiring of a Police Officer 9A2022-7 Resolution Authorizing the Transfer of a Full-Time Office Clerk III 9A2022-8 Resolution Authorizing the Reappointment to the Town Library Board Community Development 9A2022-9 Resolution Authorizing 2022 Tax Levies Comptroller 9A2022-10 Resolution Authorizing Adjustment of the Mileage Reimbursement Rate for 2022 to $0.625 Consistent with the Rate Allowed by the U.S. Internal Revenue Service 9A2022-11 Resolution Authorizing the Supervisor to Make Payment for Training Programs 9A2022-12 Resolution Authorizing the Supervisor to Enter into an Agreement to Receive Zombie 2.0 Grant Funds Human Resources 9A2022-13 Resolution Authorizing the Approval of the Standard Workday for Elected Officials in the Town of Irondequoit IT 9A2022-14 Resolution Authorizing the Supervisor to Enter into a Contract for Digital Services with Civicplus for a Website and Document Management System Police 9A2022-15 Resolution Authorizing the Purchase of One (1) 2023 Ford Police Interceptor Utility AWD SUV to be used by the Irondequoit Police Department 9A2022-16 Resolution Authorizing the Purchase of Two (2) 2023 Ford Police Interceptor Utility Hybrid AWD SUV to be used by the Irondequoit Police Department Public Works 9A2022-17 Resolution Authorizing the Supervisor to Enter into a Contract for Electrical Stake Out Services 9A2022-18 Resolution Authorizing the Supervisor to Enter into a Contract for Water Coolers at Various Town Facilities 9A2022-19 Resolution Approving Revised Fee Schedule for the Irondequoit Cemetery Recreation 9A2022-20 Resolution Authorizing the 2023 Special Events Calendar Supervisor 9A2022-21 Resolution Authorizing Memorandum of Understanding for E.R.A.S.E. Annual Juneteenth Event 9A2022-22 Resolution Calling for a Public Hearing of Complaint for Discipline of Zoning Board of Appeals Member 9A2022-23 Resolution Authorizing Jacomb, LLC to Submit Grant Applications for Funding to Construct Infrastructure to Support Electric Vehicles NEXT WORKSHOP MEETING--TUESDAY, OCTOBER 11, 2022 @ 4:00 PM NEXT REGULAR TOWN BOARD MEETING--TUESDAY, OCTOBER 18, 2022 @ 7:00 PM Town of Irondequoit Financial Report Month Ending 8/31/22 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 emended 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 emended budget 051 Sea Breeze Water District percent of amended budget 071 - 098 Lighting Districts percent of amended budget TOTAL Percent of Amended Budget Spent Percent of Amended Budget Encumbered Total Percent Soent & Encumbered Percent Original Amended Cumulative, Year to Month End of Budget Budget Expended Encumb'd Available Year 16,086,072 Balance Elapsed 24,182234 24, 784,072 13, 717,'f37 2368,935 8,638,000 66 7% 64 9a/° 553% 96% 351% 2,789,034 2,789,061 1,608,104 10,737 1,170,220 667% 580% 577% 04% 420% 3,462,996 3,473,097 1,954,955 746,940 771,202 66 7% 77 8% 563% 215% 222% 1,105,272 1,105,272 N a' 672,577 N e 248,084 186,611 66 7% 83 1% 5,653,350 M N 609% o 223% 169% 1,085,082 I 1,088,877 m 683,739 .Nr'" 128,000 277,138 66 7% 74 5% 1 L 62 8% '") 11 B% 25 5% 3,993,594 4,070,695 2,313,612 198,578 1,558,506 66 7% 61 7% 568% 49% 383% 876,680 923,325 344,277 64,988 514,060 66 7% 44 3% 373% 70% 557% 142 142 142 0 0 66 7% 100 2% 100.2% 00% -02% 8,707 8,707 478 0 8,229 66 7% 5 5% 55% 00% 945% 14,424 14,424 1,712 0 12,712 66 7% 11 9% 119°/ 00% 881% 1,136,160 1,136,160 575,578 0 560,582 66 7% 507% 50 7% 0 0% 49 3% 153,000 153,000 91,299 68,951 -7,250 66 7% 104,7% 597% 451% -47% 38,807,325 39,546,832 21,963,610 3,833,213 13,750,009 66 7% 65 2% 25,796,823 65.5% 97% Percent of Budget Spent & Enc'brd 65 2% Tax Levy Sensitive 32,624,760 33,240,520 18,636,654 3,500,696 11;103,171 66 7% Total Spent+ Encumbered 22,137,349 66 6% 561% 105% 33 4% REVENUES Cumulative Percent Percent Percent Original Amended Receipts Balance of of of Fund Budget Budget Through Revenue 9 to be Real Estate Year This Month Received Tax Elapsed Received 001 General: Real Estate Tax (001-1001) 11,797,475 11,797,475 11,797,475 0 64 9% 100 0% Payment In Lieu of Tax (001-1081) 288,471 288,471 257,696 30,775 89 3% Sales Tax (001-1120) 5,700,000 5,700,000 2,740,960 2,959,040 48 1% Mortgage Tax (001-3005) 980,000 980,000 279,312 700,688 28 5% AIM -Related Payments-NYS (001-2750) 613,283 613,283 0 613,283 0 0% Interest Earnings (001-2401) 5,000 5,000 8,881 -3,881 177 6% Franchise Cable TV (001-1170) 683,500 683,500 -3,677 687,177 -0 5% Recreation Program Fees (001-2001) 871,505 871,505 458,595 412,910 52 6% Cemetery Revenues (001-2190/2665) 105,000 105,000 82,540 22,460 78 6% Fines & Bail Forfeitures (001-2610) 210,400 210,400 56,983 153,417 27 1% Other Sources of Revenue 2,085,320 2,085,320 1,124,100 961,220 53 9% Appropriated Fund Balance 842,280 842,280 842,280 0 Total, Revenue & Fund Balance 24,182,234 24,182,234 17,645,146 6,537,088 66 7% 73 0% 78.4% 2022 Printed on 9/7/2022 Page 1 Town of Irondequoit Financial Report Month Ending 8/31/22 Fund Cumulative Percent Percent Percent Original Amended Receipts Balance of of of Budget Budget as of to be Real Estate Year Revenue This Month Received Tax Elapsed Received 005 Library Real Estate Tax 2,680,059 2,680,059 2,680,059 0 14.8% 100 0% Other Sources of Revenue 108,975 108,975 68,059 40,916 62.5% Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 2,789,034 2,789,034 2,748,118 40,916 66 7% 98.5% 021, 023, 024 Highway Funds Real Estate Tax 3,688,276 3,688,276 3,688,276 0 20 3% 100 0% All Other Sources 1,740,074 1,740,074 606,614 1,133,460 34.9% Appropriated Fund Balance 225,000 225,000 225,000 0 Total, Revenue & Fund Balance 5,653,350 5,653,350 4,519,890 1,133,460 66 7% 80.0% 031 Consolidated San. Sewer District Sewer Service Charges 3,904,072 3,904,072 3,904,072 0 100.0% Other Sources of Revenue 89,522 89,522 89,752 -230 100.3% Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 3,993,594 3,993,594 3,993,824 -230 66 7% 100 0% 038 Stormwater Drainage District District Service Charges 856,180 856,180 856,180 0 100 0% Other Sources of Revenue 20,500 20,500 331 20,169 1 6% Appropriated Fund Balance 0 _ 0 0 0 Total, Revenue & Fund Balance 876,680 876,680 856,511 20,169 66 7% 97.7% 036 LaSalle Landing Sewer District District Capital Charges 142 142 142 0 100 0% Other Sources of Revenue 0 0 0 0 #DIV/0! Total Revenue 142 142 142 0 66 7% 100 0% 039 Rock Beach San. Sewer District District Capital Charges 8,707 8,707 8,707 0 100 0% Other Sources of Revenue 0 0 5 -5 #DIV/0! Total Revenue 8,707 8,707 8,712 -5 66 7% 100 1% 040 Orland Road San Sewer District District Capital Charges 14,424 14,424 14,424 0 100 0% Other Sources of Revenue 0 0 9 -9 #DIV/0! Total Revenue 14,424 14,424 14,433 -9 66 7% 100 1% 051 Sea Breeze Water District District Real Estate Tax 33.000 33,000 33,000 0 100 0% Other Sources of Revenue 1,103,160 1,103,160 538,316 564,844 48.8% Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 1,136,160 1,136,160 571,316 564,844 66 7% 50 3% 071 - 098 Lighting Districts District Real Estate Tax 153.000 153,000 153,000 0 100.0% Other Sources of Revenue 0 0 156 -156 Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 153,000 153,000 153,156 -156 66 7% 100.1% Summary of Revenues and Appropriated Fund Balances Real Estate Tax 18,165,810 18,165,810 18,165,810 0 100 0% 100 0% Special District Real Estate Tax 186,000 186,000 186,000 0 100 0% Sanitary Sewer Service Charges 3,927,345 3,927,345 3,927,345 0 100 0% Stormwater District Service Charges 856,180 856,180 856,180 0 100 0% Other Sources of Revenue 14,604.710 14,604,710 6,308,631 8,296,079 43 2% TOTAL 37,740,045 37,740,045 29,443,966 8,296,079 66 7% 78 0% Appropriated Fund Balance Grand Total, Revenues and Appropriated Fund Balance 1,067,280 1,067,280 1,067,280 0 100.0% 38,807,325 38,807,325 30,511,246 8,296,079 78 6% 2022 Printed on 9/7/2022 Page 2 Town Board Meeting Notes The August 31st financial results for the Town: total expenses are $25,797 or 65.2% of budget which is on par than the 66.7% percent of the year that has elapsed. Total expenses break down as follows: actual expenses $21,964k; encumbrances $3,833k. The encumbrances are 9.7% of budget as departments are continuing to commit to services and supplies for the remainder of the year. General Fund expenses are favorable to budget at 64.9% or $16,086k. The split here is: actual expenditures — $13,717k encumbered expenses — $ 2,369k. Incorporated within the General Fund encumbrances are legal fees, Information Technology projects and services, 2022 projected but unexpended energy costs of the general fund street lighting account: Installment debt for equipment leased by the Solid Waste and Parks departments and other contracted expenses throughout the Town. Jointly, the highway funds' expenses are greater than the percent of the year that has elapsed 78.4% or $4,432k. These costs are traditionally driven by salt, gas, fuel, roadwork and paving services and materials such as oil and stoning and asphalt. Highway 1 is currently realizing sizable roadwork and paving expenditures as well as paving materials encumbrances. Expenditures in the Library are 58.0% of budget —$1,619k. Sewer Fund expenses of $2,512k equate to 61.7% of budget. Expenses in Stormwater Drainage total $409k-44.3% of budget. We continue to emphasize that expenses excluding encumbrances for the Town as well as the three major funds are less than the percent of the year that has elapsed. 66.7% of the year has elapsed and the expenditures percentage (exclusive 1 of encumbrances) for the Town is 55.5%; the General Fund is 55.3%; Sewer is 56.8%; and for the collective Highway funds -58.6%. Total General Fund Revenue is $17,645k or 73.0% of budget. Real estate taxes are $ 11,797k. Payments In Lieu Of Taxes equal 89.3% of budget— $257k, an additional $25k is due in September and will make this item whole. The 1st quarter Mortgage Tax of $279k is in at 28.5% of budget. Five months of Sales Tax of $2,741 k (48.1% of budget) has been received. The other major revenue items such as Aid and Incentives for Municipalities, Franchise Cable TV revenue, and the remaining 3 quarters of mortgage tax are not yet due. Regarding the entire Town: $30,511k or 78.6% of revenue and appropriated fund balance have been received to -date. At the end of August, the Library had received $2,748k or 98.5% of its budgeted revenue. 80.0% or $4,520k is in for the Highway. Revenue received for Sewer is $3,994k-100% of budget. Stormwater Drainage has recorded $856k-97.7% of Budget. In addition, American Rescue Funds of $22,455k have been received. The use of this funding is restricted for the response to and relief of COVID-19 and can be used to cover costs incurred through December 31,2024. A special revenue fund has been established to account for these funds. Approximately $16,145k has been allocated to projects throughout the Town. This concludes my financial report for the month of August 2022. 2 WORKSHOP MEETING AUGUST 9, 2022 135 Workshop Meeting of the Town Board of the Town of Irondequoit, held in the Broderick Room at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 9th day of August 2022 at 4:00 P.M, there were: PRESENT: Supervisor Rory Fitzpatrick Town Board Member Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Harter Secrest & Emery, LLP Attorney for the Town Others in attendance included Assessor Amy Jorstad, Captain Mark Jesske, Comptroller Diana Marsh, Communication Assistant Mike Moss, Commissioner of Public Works Erin Magee, Personnel Clerk Linda Mosley, Management Assistants Megan Hoffman and Ryan McLean, Director of Administration Maria Vecchio, Secretary to the Supervisor Ellie Gustafson and Town Clerk Genier. Supervisor Fitzpatrick called the meeting to order, Pledge was said, and Town Clerk Genier called Roll. REVIEW OF AGENDA ITEMS FOR AUGUST 16, 2022 RTB MEETING: Financial Report: Comptroller Diana Marsh reviewed the 2022 financial results for the Town as of July 31, 2022. Total Actual Expenses and Encumbrances are 57.4% or $22,714,393 of budget, which is slightly below the 58.3% of the year that has elapsed. Actual Expenses are $19,523,353 or 49.4% of budget and encumbered expenses are $3,191,040 or 8.1% of budget as departments are continuing to commit to services and supplies for the remainder of the year. The General Fund Expenses are below budget at 55.4% or $13,718,923. Actual expenditures are $12,295,643 or 49.6% and encumbrances are $1,423,280 or 5.7% of budget. Contained within the General Fund encumbrances are: installment debt for equipment leased by the Solid Waste and Parks Departments, Information Technology projects, attorney fees, and other contracted expenses throughout the Town. Also included are the 2022 projected but unexpended energy costs of the General Fund Street Lighting account. The Highway Fund expenses are greater than the percent of the year that has elapsed at 74.1% or $4,201,000. These costs are typically driven by salt, fuel, roadwork and paving services and materials, such as oil and stone and asphalt, as well as equipment parts. Expenditures in the Library are $1,493,897 or 53.6% of budget. Actual expenses of $1,482,848 include a bond payment for the library construction of $481,000 (principal and interest). The Sewer Fund expenses are 55.7% of budget, equating to $2,268,000. Actual expenditures total $2,079,671 (51.1%) and encumbrances of $188,321 account for the remaining 4.6%. Expenses in Stormwater Drainage total $380,000 or 41.2% of budget. Actual expenses are $314,148 or 34% and encumbrances account for 7.2%. The expenses, excluding encumbrances, for the Town, as well as the three major funds, are less than the percent of the year that has elapsed— 58.3%. The actual expenditures percentage, excluding encumbrances, for the Town is 49.4%; the General Fund is 49.6%; Sewer is 51.1%; and 49.1% for the collective WORKSHOP MEETING AUGUST 9, 2022 136 highway funds. The General Fund Revenue received is $15,740,165 or 65.1% of budget. $11,797,475 of Real Estate tax or 100% of budget has been received. 89.3% of PILOT (Payment in Lieu of Tax) or $257,696 has been received. The 1st quarter Mortgage Tax of $279,312 or 28.5% of budget has been received. Mortgage tax for the 2nd and 3rd quarters is expected in December. Two months of Sales Tax of $1,055,553 (18.5%) has been received; the 2nd quarter receipts are anticipated in August. Other Sources of Revenue are at 46.5% and include a $179,000 in property tax interest. Other major revenue items expected later in the year include: Franchise fees, generally received in September, and Aid and Incentives for Municipalities (AIM) related payments is expected in December. Regarding the Entire Town: $28,578,829 or 73.6% of revenue has been received to date. Approximately $18,165,810 of the amount received is Real Estate Tax. The Library has received $2,739,438 or 98.2% of its budgeted revenue. The Highway Fund has received 79.9% or $4,515,570 of its budgeted revenue. Sewer has received $3,991,842 or 100% of that fund’s budget. Stormwater Drainage receipts of $856,376 (97.7%) of budget has been received. In addition, American Rescue Funds of $22,455,000 have been received. The use of this funding is restricted for the response to and relief of COVID-19 and can be used to cover costs incurred through December 31, 2024. A special revenue fund has been established to account for these funds. Approximately $16,145,000 has been allocated to projects throughout the Town. Approval of Minutes: Minutes from the following meetings to be approved: July 12, 2022 Workshop Meeting July 19, 2022 Regular Town Board Meeting Appointments: Resolution 1: Authorizing the appointment of Andrae’ Evans to the Planning Board for a term expiring December 31, 2025. Office Clerk Michelle Nichols stated that there is currently a vacancy on the Board due to a resignation. Mr. Evans now serves as an alternate to the Board and will become a member of the Planning Board. Resolution 2: Authorizing the appointment of Robert E. Monigle to the Zoning Board of Appeals for the term expiring December 31, 2027. Office Clerk Nichols explained that Mr. Monigle is currently an alternate on the Board and will now be a permanent member. The department will look for candidates to fill the vacancies on these Boards. Resolution 3: Authorizing the appointment of Cecil A. Johnson as an alternate on the Zoning Board of Appeals with a term expiring on December 31, 2022. Resolution 4: Authorizing the appointment of Nicholas Mitrakos as a part-time School Traffic Guard in the Irondequoit Police Department. Resolution 5: Authorizing the appointment of Robert Dylakas as a second part-time School Traffic Guard in the Irondequoit Police Department. Resolution 6: Authorizing the appointment of a Provisional Assistant Fire Marshal. The candidate just confirmed acceptance of this position so there was no paperwork to review. It will be forwarded to the Board members as soon as it is available. Resolution 7: Authorizing the appointment of Andrae’ Smith to the Ethics Board with a term expiring December 31, 2025. There is still one vacancy to fill on this Board. Assessor: Assessor Amy Jorstad reviewed one (1) resolution from her department authorizing the Supervisor to enter into an amended contract with Emminger, Newton, Pigeon & Magyar, Inc. for services relating to the 2023 Reassessment Project. Assessor Amy Jorstad stated that the WORKSHOP MEETING AUGUST 9, 2022 137 terms of the contract have not changed; the dates needed to be updated to reflect that the project is being conducted in 2023. Community Development: Attorney Andrew Dean explained that the first resolution to be reviewed concerns the Town Board declaring itself Lead Agency and adopting a Negative Declaration pursuant to State Environmental Quality Review Act regarding a local law to adopt time, place and manner requirements for cannabis facilities. This resolution was brought before the Town Board in July, but the matter was postponed pending determination from other potential agencies as to the status of the lead agency. The Town has heard from Monroe County with a No Comment letter. The second resolution would adopt a local law to adopt time, place and manner requirements for cannabis facilities. The public hearing on this matter was held on July 19th and the Board members received the proposed local law ten days prior to the public hearing. Comptroller: Comptroller Diana Marsh reviewed two (2) resolutions, the first of which authorizes the annual audit of the Town Court. The audit is required annually by a Certified Public Accountant since the Town of Irondequoit receives an annual grant from the federal government in excess of $750,000. The Bonadio Group is the authorized company to perform these services. The second resolution authorizes an agreement with Stonebridge Business Partners for auditing services. It is beneficial for the Town to hire a CPA to audit the additional rent charges on space leased at the former Irondequoit Mall for the period from October 25, 2021 through December 31, 2021. Comptroller Marsh sent out a request for proposals and received one proposal. Stonebridge Business Partners will provide these services at an hourly rate of $150 and a total cost of $6,000. The Agreement shall be for one year with up to three annual extensions. Court: Attorney Andrew Dean explained that this one (1) resolution is a request for grant funding and/or supplies from the Justice Court Assistance Program. There is no cost or financial contribution from the Town. The request for funding and/or supplies is for an amount not to exceed $30,000. Human Resources: Comptroller Diana Marsh reviewed this one (1) resolution allocating American Rescue Plan Act Funding to provide wellness opportunities to Town employees, particularly in the wake of the COVID-19 pandemic. This resolution would authorize the Supervisor to develop health and wellness opportunities and activities and allocates an amount not to exceed $2,500. ICAT: Attorney Andrew Dean reviewed this one (1) resolution authorizing the integration and social media archiving for the Town’s run profiles and accounts. He stated that the Town is required to retain certain social media records that are posted online. The Town issued a Request for Proposals seeking a company to provide those services. Two companies submitted proposals and interviews were held. The Town recommends PageFreezer as its social media archiving vendor at a cost of $5,148 annually with a one-time $500 training and configuration fee. Supervisor Fitzpatrick noted that if someone comments on social media, those comments are automatically saved, so even if the comments are deleted, a record of those comments will be immediately archived. Police: Captain Mark Jesske reviewed three (3) resolutions. The first resolution authorizes attendance at the International Association of Chiefs of Police 2022 Training Conference. The Conference will be held in Dallas, Texas from October 14th through October 19th. The cost of WORKSHOP MEETING AUGUST 9, 2022 138 said training will be approximately $3,000 and funding is available in the 2022 Police budget. The second resolution would authorize attendance for Animal Control Officer Scott Donahue to attend the Handling the Challenges of Animal Control Training and Seminar at Lollypop Farm in Fairport, NY, beginning September 13, 2022 and ending September 14, 2022, for a total cost of $100.00. Funding is available in the 2022 Animal Control budget. The third resolution authorizes the acceptance of a gift of audio services. Captain Mark Jesske stated that the Department was contacted by representatives of Frequency Sound and Lighting letting the Town know that they would like to donate their audio services, valued at $100, at no cost to the Town for the September 11, 2001 Memorial Ceremony. Public Works: Commissioner of Public Works Erin Magee reviewed four (4) resolutions. The first resolution awards the bid for McAvoy Park Artificial Turf Replacement to A Turf in the amount of $988,000. The work on this should begin in the spring of 2023. Supervisor Fitzpatrick added that this bid is almost half of what the original thought was to replace the turf. The second resolution awards the bid for McAvoy Park Lighting Retrofit and Replacement to Blackmon-Farrell Electric, Inc. in the amount of $393,000. Commissioner of Public Works Erin Magee explained that LED lights will replace the current lights with the work starting in the fall. Normal play can go on at the park while the work is being done. The third resolution awarded the bid for 4-Ton Asphalt Hotbox Trailer to J & J Equipment in the amount of $40,035.75. This is a new piece of equipment that is more versatile than the patch truck and less expensive. Commissioner of Public Works Erin Magee hopes to have this new piece of equipment within the next 30 days. The fourth resolution is regarding the extension of the First Amendment to the Lease with Sprint for cell tower use on the Town Hall campus. This would be a lease with Sprint, which is also T-Mobile, for a 5-year contract with a 5-year extension. The annual rent fee is $10,938.09, with a 3% increase for each renewal term per the agreement. Recreation: Management Assistant Megan Hoffman reviewed two (2) resolutions. The first resolution accepts the award of additional funds from Monroe County Department of Human Services Office for the Aging and authorizes the use of Revenue Recovery Funding for the excess costs of a van for senior residents. This resolution would accept an award of $65,000 that will be used to purchase a 12-15 passenger van. Transportation is often the issue that is most difficult for our senior population and this vehicle can pick up seniors and bring them to the Community Center. The second resolution formally accepts gifts of food and/or money for the Irondequoit’s July 4th Celebration from the following businesses: Accu-Pave, BIG Landscaping, Bruster’s Ice Cream, Chick-Fil-A, Excellus Blue Cross and Blue Shield, Harris Funeral Home, Herrema’s Market, County Legislator Maria Vecchio, County Legislator David Long, LaBella Associates, Marge’s Lakeside Inn, Paris Kirwin Insurance, Pets At Peace, St. Paul Blvd. Fire Association, SWOOP 1 Inc., Trilliant Jewelers, Ukrainian Federal Credit Union, Union Tavern, Wellington Steele and Associates, Wegmans, Woodridge Apartments and Wright Beverage. Supervisor: Supervisor Fitzpatrick reviewed one (1) resolution which establishes the “One Irondequoit” Citizen Committee which will serve as a sounding board for the Town Board and to forge consensus among the Town’s many diverse residents by advising the Town Board concerning matters presented by community groups, interest groups, citizen groups and other private bodies. Supervisor Fitzpatrick noted that this was in the works prior to his taking office and he is excited to bring this forward. Town Clerk: Town Clerk Genier reviewed one (1) resolution approving the amended Special Event License for the Rochester Area Triathletes Triathlon, which is to be held on Saturday, WORKSHOP MEETING AUGUST 9, 2022 139 August 27th from 5 a.m. to 3 p.m. The bike portion of the triathlon has been amended for the safety of the bikers. All approvals for the amendment to the bike route have been received. There will be another resolution added to the agenda for August 16th concerning the Town of Webster and will be holding an event to benefit Miracle Field. Comptroller Diana Marsh stated that there has been some discussion about Oktoberfest steins that the Town has in stock that are not being used. The Town is still working out the details for this matter and, if resolved, a resolution will be added to the agenda. ITEMS FOR BOARD ACTION: 8WS2022-1 Resolution Authorizing the Replacement of Handicap Ramp and Railing at Town Hall Building On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the replacement of the handicap ramp and railing at the Town Hall to AAA Masonry in the amount of $53,000. Commissioner of Public Works Erin Magee explained that this resolution would authorize the emergency repair of the handicap ramp and railing at the Town Hall building. She stated that after some time, the Town signed an agreement with AAA Masonry in the sum of $53,000. They agreed to do the work and maintain the façade of the building and use brick. AAA Masonry will also comply with all the ADA requirements and bring the ramp and railing up to code. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-209 8WS2022-2 Resolution Authorizing the Lease of a Mail Machine to be Used at the Town Hall On a motion made by Councilmember Perticone, seconded by Councilmember Romeo, a resolution was adopted authorizing the lease of a Quadient IX-700 Mail Machine with Dynamic weighing platform through Quadient Leasing USA, Inc., with service by Lineage for the 63-month period from August 14, 2022 to November 14, 2027 in the monthly amount of $373.85 and for the total price of $23,552.55. Town Clerk Genier stated that the lease on the Town Hall mail machine will expire on August 14th. Pursuant to Town Code Section 51.8, the Town Clerk obtained three (3) written quotes for the lease of a mail machine and is recommending Quadient Leasing USA, Inc. The Town has used Quadient Leasing for the past several years and is pleased with their service. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-210 8WS2022-3 Resolution Authorizing the Supervisor to Enter into an Additional Contract for Pre-Employment Psychological Evaluations WORKSHOP MEETING AUGUST 9, 2022 140 On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the engagement of Public Safety Psychology, PLLC to provide psychological evaluation services to the Town of Irondequoit Police Department for a fee of $325 per candidate evaluation, not to exceed $3,250 per year, and authorizes the Supervisor to execute all such documents necessary to the foregoing on a form approved by the Attorney for the Town. Captain Mark Jesske stated that the Police Department is actively recruiting candidates to join the Police Department. It is required that each candidate be evaluated by a qualified psychologist or psychiatrist to determine if he/she is fit for the job. Due to the number of candidates currently being processed, it is necessary for the Police Department to work with an additional vendor, other than the current vendor utilized by the Town. This is necessary to meet State requirements for hiring in a timely manner. The next Police Academy will be held in October. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-211 8WS2022-4 Resolution Authorizing the Supervisor to Enter into Various Contracts with Vendors for Youth, Family, Adult, Group Exercise and Senior Recreational Programming for Fall 2022 On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing the Supervisor to enter into contracts with the various vendors in such form as approved by the Town Attorney. Management Assistant Megan Hoffman explained that these contracts are for Fall program Instructors, and she noted that registration is beginning earlier than expected. This Fall, the Department is adding an instructor for the Autism Up Partnership to increase the financial literacy with young adults. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-212 8WS2022-5 Resolution Authorizing the Appointment of a Full-Time Fire Marshal in the Community Development Department On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, a resolution was adopted authorizing the appointment of William Dyrland as a full-time Fire Marshal in the Community Development Department. Community Development Coordinator Mary Werner explained that Mr. Dyrland has been employed as Deputy Fire Marshal since August of 2020 and has been performing the duties of Fire Marshal since January of this year. Mr. Dyrland is also reachable on the Civil Service List. WORKSHOP MEETING AUGUST 9, 2022 141 UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-213 The next Town Board meeting will be held on Tuesday, August 16, 2022 at 7 p.m. On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, the Workshop Meeting was adjourned at 4:41 p.m. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Respectfully submitted, Barbara Genier, Town Clerk REGULAR TOWN BOARD MEETING AUGUST 16, 2022 142 Regular Town Board Meeting of the Town Board of the Town of Irondequoit, held in the Broderick Room at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 16th day of August 2022 at 7:00 P.M., local time, there were: PRESENT: Town Supervisor Rory Fitzpatrick Town Board Member Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Attorney for the Town Harter Secrest & Emery LLC Others in attendance included Assessor Amy Jorstad, Chief of Police Alan Laird, Comptroller Diana Marsh, Management Assistants Megan Hoffman and Ryan McLean, Director of Human Resources Jason Vinette, Commissioner of Public Works Erin Magee, Planning and Zoning Clerk Michelle Nichols, Fire Marshal Bill Dyrland, Director of Administration Maria Vecchio, Communication Aide Michael Moss and Town Clerk Genier. Supervisor Fitzpatrick called the meeting to order, the Pledge was said and Town Clerk Genier called Roll. SUPERVISOR’S REMARKS AND ANNOUNCEMENTS: *Supervisor Fitzpatrick noted that the Night Out event put on by the Irondequoit Police Department on August 5th was well organized and well attended. It was great seeing the support given by the residents to the Police Department. *There will be a Senior Health Fair held on Thursday, August 25th in the gym at the Community Center from 9 AM to Noon. *The Ukrainian Festival will be held at the Ukrainian Church on E. Ridge Road from August 18 to August 22. *The Town is looking into different possibilities to hold a shredding event. The Town will keep residents informed if and when that will happen. PUBLIC INPUT: Larry DeMejo, 34 Delta Terrace, addressed the Town Board regarding a code change request for outdoor signs. He is looking to have the code changed to increase the size of a single outdoor sign. Currently, an outdoor sign can be no larger than 2 sf. Mr. DeMejo is looking to have that changed to allow an outdoor sign on private property increased from 2 sf to 6 sf. Mr. DeMejo was sent a letter stating that he was in violation of the Town Code for outdoor signs. Many signs have been on display in his front yard for over a year. The messages on those signs are spiritual or patriotic in nature. Debbie DeMejo, 34 Delta Terrace, stated that she agrees with everything her husband stated. Financial Report: Comptroller Diana Marsh reviewed the 2022 financial results for the Town as of July 31, 2022. Total Actual Expenses and Encumbrances are 57.4% or $22,714,393 of budget, which is slightly below the 58.3% of the year that has elapsed. Actual Expenses are $19,523,353 or 49.4% of budget and encumbered expenses are $3,191,040 or 8.1% of budget as departments are continuing to commit to services and supplies for the remainder of the year. The General Fund Expenses are below budget at 55.4% or $13,718,923. Actual expenditures are $12,295,643 or 49.6% and encumbrances are $1,423,280 or 5.7% of budget. Contained within the General Fund encumbrances are: installment debt for equipment leased by the Solid Waste and Parks Departments, Information Technology projects, attorney fees, and other contracted expenses throughout the Town. Also included are the 2022 projected but unexpended energy costs of the General Fund Street Lighting account. The Highway Fund expenses are greater than the percent of the year that has elapsed at 74.1% or $4,201,000. These costs are typically driven by salt, fuel, roadwork and paving services and materials, such as oil and stone and asphalt, as well as equipment parts. Expenditures in the Library are $1,493,897 or 53.6% of budget. Actual expenses of $1,482,848 include a bond payment for the library construction of $481,000 (principal and interest). The Sewer Fund expenses are 55.7% of budget, equating to $2,268,000. Actual expenditures total $2,079,671 (51.1%) and encumbrances of $188,321 account for the remaining 4.6%. Expenses in Stormwater Drainage total $380,000 or 41.2% of budget. Actual expenses are $314,148 or 34% and encumbrances account for 7.2%. The expenses, excluding encumbrances, for the Town, as well as the three major funds, are less than the percent of the year that has elapsed— REGULAR TOWN BOARD MEETING AUGUST 16, 2022 143 58.3%. The actual expenditures percentage, excluding encumbrances, for the Town is 49.4%; the General Fund is 49.6%; Sewer is 51.1%; and 49.1% for the collective highway funds. The General Fund Revenue received is $15,740,165 or 65.1% of budget. $11,797,475 of Real Estate tax or 100% of budget has been received. 89.3% of PILOT (Payment in Lieu of Tax) or $257,696 has been received. The 1st quarter Mortgage Tax of $279,312 or 28.5% of budget has been received. Mortgage tax for the 2nd and 3rd quarters is expected in December. Two months of Sales Tax of $1,055,553 (18.5%) has been received; the 2nd quarter receipts are anticipated in August. Other Sources of Revenue are at 46.5% and includes a $179,000 in property tax interest. Other major revenue items expected later in the year include: Franchise fees, generally received in September, and Aid and Incentives for Municipalities (AIM) related payments is expected in December. Regarding the Entire Town: $28,578,829 or 73.6% of revenue has been received to date. Approximately $18,165,810 of the amount received is Real Estate Tax. The Library has received $2,739,438 or 98.2% of its budgeted revenue. The Highway Fund has received 79.9% or $4,515,570 of its budgeted revenue. Sewer has received $3,991,842 or 100% of that fund’s budget. Stormwater Drainage receipts of $856,376 (97.7%) of budget has been received. In addition, American Rescue Funds of $22,455,000 have been received. The use of this funding is restricted for the response to and relief of COVID-19 and can be used to cover costs incurred through December 31, 2024. A special revenue fund has been established to account for these funds. Approximately $16,145,000 has been allocated to projects throughout the Town. On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, the Financial Report was accepted. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED APPROVAL OF MINUTES: On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, the July 12, 2022 Workshop Meeting Minutes were approved. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, the July 19, 2022 Regular Town Board Meeting Minutes were approved. UPON VOTING Town Board Member Wehner Absent Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Aye Town Supervisor Fitzpatrick Aye ITEMS FOR BOARD ACTION: 8A2022-1 RESOLUTION AUTHORIZING THE APPOINTMENT OF A PLANNING BOARD MEMBER TO THE TOWN PLANNING BOARD On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the appointment of Andrae’ Evans to the Planning Board for the term to expire December 31, 2025. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-214 8A2022-2 RESOLUTION AUTHORIZING THE APPOINTMENT OF A MEMBER TO THE TOWN ZONING BOARD OF APPEALS On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, a resolution was adopted approving the appointment of Robert E. Monigle to the Zoning Board of Appeals for the term to expire December 31, 2027. REGULAR TOWN BOARD MEETING AUGUST 16, 2022 144 UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-215 8A2022-3 RESOLUTION AUTHORIZING THE APPOINTMENT OF AN ALTERNATE MEMBER TO THE TOWN ZONING BOARD OF APPEALS On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the appointment of Cecil A. Johnson as an Alternate on the Town Zoning Board of Appeals for the term expiring December 31, 2022. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-216 8A2022-4 RESOLUTION AUTHORIZING THE APPOINTMENT OF A SCHOOL CROSSING GUARD IN THE IRONDEQUOIT POLICE DEPARTMENT On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing the appointment of Nicholas Mitrakos as a part-time School Traffic Guard in the Irondequoit Police Department. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-217 8A2022-5 RESOLUTION AUTHORIZING THE APPOINTMENT OF A PROVISIONAL ASSISTANT FIRE MARSHAL On a motion made by Councilmember Perticone, seconded by Councilmember Freeman, a resolution was adopted approving the appointment of Patrick Hudson as a provisional Assistant Fire Marshal. Director of Human Resources Jason Vinette stated that Mr. Hudson will have to take the Civil Service exam when it is offered and score within the top three candidates. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-218 8A2022-6 RESOLUTION AUTHORIZING THE APPOINTMENT OF AN ETHICS BOARD MEMBER On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted approving the appointment of Andrae Smith to serve on the Board of Ethics with staggering term limits, per the Town’s Code of Ethics. Mr. Smith’s term will expire December 31, 2025. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-219 8A2022-7 RESOLUTION AUTHORIZING THE APPOINTMENT OF A PART-TIME RECREATION ASSISTANT On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing the appointment of Sara Brotsch as a part-time Recreation Assistant. Management Assistant Megan Hoffman stated that Ms. Brotsch has extensive experience in this field, along with great enthusiasm. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-220 REGULAR TOWN BOARD MEETING AUGUST 16, 2022 145 8A2022-8 RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO AN AMENDED CONTRACT WITH EMMINGER, NEWTON, PIGEON & MAGYAR, INC. FOR SERVICES RELATING TO THE 2023 REASSESSMENT PROJECT On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted authorizing the Supervisor to enter into an amendment to the Original Agreement with Emminger, Newton, Pigeon & Magyar, Inc. for the 2023 Reassessment Project Services for the total price of $83,440, which reflects the amount owed under the Original Agreement. Assessor Amy Jorstad explained that this project was postponed in March of this year and the Department is ready to commence this work now. The terms of the contract remain the same; it was just updated to reflect the new dates. There was a sentence added to the contract stating that the Town is responsible for mailing costs, not the contractor. This was not a change to the contract as the Town was always responsible for mailing costs. UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Nay Town Supervisor Fitzpatrick Aye Resolution Number 2022-221 8A2022-9 RESOLUTION DECLARING TOWN BOARD LEAD AGENCY AND ADOPTING NEGATIVE DECLARATION PURSUANT TO STATE ENVIRONMENTAL QUALITY REVIEW ACT REGARDING A LOCAL LAW TO ADOPT TIME, PLACE AND MANNER REQUIREMENTS FOR CANNABIS FACILITIES On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted declaring the Town Board lead agency status for the review of the action and adopting a Negative Declaration for the action and determining that no Environmental Impact Statement is required. Attorney Andrew Dean explained that this is the SEQR resolution for the local law to adopt cannabis requirements. This is a Type 1 action. The resolution was not able to be adopted last month as the Town Board was waiting for consent as to lead agency status from Monroe County Planning Department. This resolution adopts the Negative Declaration for the adoption of the local law. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-222 8A2022-10 RESOLUTION ADOPTING A LOCAL LAW TO ADOPT TIME, PLACE AND MANNER REQUIREMENTS FOR CANNABIS FACILITIES On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted adopting Local Law 4 of 2022, amending Chapter 235 of the Town Code. Attorney Andrew Dean stated that this proposed local law was heard at a Public Hearing on July 19, 2022 and the text of said law would accomplish three things: First, it would limit cannabis facilities to the M-Manufacturing District; second, it would require Special Use Permits to be issued for those facilities by the Town Planning Board; and third, it imposes certain requirements for the Planning Board to consider regarding those Special Use Permits. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-223 8A2022-11 RESOLUTION AUTHORIZING THE ANNUAL AUDIT OF THE TOWN COURTS On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted affirming that the annual audit performed by The Bonadio Group for fiscal year 2021 includes an examination of the Town Courts and a separate document REGULAR TOWN BOARD MEETING AUGUST 16, 2022 146 summarizing the examination of the Town Courts, a copy of which shall be filed with the NY State Office of Court Administration. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-224 8A2022-12 RESOLUTION AUTHORIZING AN AGREEMENT WITH STONEBRIDGE BUSINESS PARTNERS FOR AUDITING SERVICES On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted authorizing the Supervisor to enter into an agreement with Stonebridge Business Partners for professional services related to the review and audit of the additional rent charges for the Irondequoit Community Center at the hourly cost of $150 and at a total cost not to exceed $6,000. Comptroller Diana Marsh explained that a Request for Proposals went out and one proposal was submitted. Stonebridge Business Partners is recommended by the Selection Committee. This audit will cover October 25 to December 31, 2021. Supervisor Fitzpatrick stated that with the changes made to the lease agreement to utilize space at the former Irondequoit Mall for the new Community Center, it is wise to get accurate information with what is being paid out to help with budgeting for 2023 purposes. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-225 8A2022-13 RESOLUTION AUTHORIZING GRANT APPLICATION FROM THE JUSTICE COURT ASSISTANCE PROGRAM On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing the application to be submitted to the Justice Court Assistance Program by the Irondequoit Town Court for funding and/or supplies for an amount not to exceed $30,000. Deputy Court Clerk Sally Nash stated that this is a formality to obtain permission from the Town Board to apply for a grant for an amount not to exceed $30,000 to improve the facilities and security of the building. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-226 8A2022-14 RESOLUTION ALLOCATING AMERICAN RESCUE PLAN ACT FUNDING On a motion made by Councilmember Freeman, seconded by Councilmember Perticone, a resolution was adopted authorizing the Supervisor to develop, through the Town Wellness Committee, health and wellness opportunities, activities and allocating an amount not to exceed $2,500. Attorney Andrew Dean explained that this resolution would authorize the use of $2,500 in ARPA funding for wellness initiatives, including healthy snacks, employee lunches and fitness opportunities for employees. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-227 8A2022-15 RESOLUTION AUTHORIZING THE INCREASE OF SALARY FOR A MANAGEMENT ASSISTANT IN THE DEPARTMENT OF RECREATION Supervisor Fitzpatrick stated that this resolution will be discussed in Executive Session at the end of the meeting. 8A2022-16 RESOLUTION AUTHORIZING THE INTEGRATION OF SOCIAL MEDIA ARCHIVING FOR TOWN-RUN PROFILES AND ACCOUNTS REGULAR TOWN BOARD MEETING AUGUST 16, 2022 147 On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted authorizing the purchase and integration of social media archiving through PageFreezer in the initial amount of $7,614 for the initial term of 16 months, with up to three one-year optional extensions for the price of $5,418 per year. Attorney Andrew Dean explained that this resolution would authorize a Professional Services Agreement with PageFreezer, a company that archives social media posts to comply with the Freedom of Information Law and State Archive Law. Attorney Dean stated that this resolution has changed since the Workshop Meeting by adding the allocation of ARPA funds in the total amount of $4,614 for the initial term of 16 months, plus an additional $5,418 in the event the Town elects to extend its agreement with PageFreezer for an additional year, for a total allocation of $12,762. Supervisor Fitzpatrick noted that this resolution also includes comments or replies to our social media. Once the information is on social media, it is saved and archived. Even if it has been deleted, it can be obtained. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-228 8A2022-17 RESOLUTION AUTHORIZING ATTENDANCE AT THE INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE 2022 TRAINING CONFERENCE On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing Chief Alan Laird to attend the International Association of Chiefs of Police 2022 Training Conference in Dallas, Texas from October 14th through October 19th. Chief of Police Alan Laird stated that this Conference provides seminars and executive leadership from experts from all over the globe. It is a valuable training opportunity and it is a budgeted item. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-229 8A2022-18 RESOLUTION AUTHORIZING ATTENDANCE TO HANDLING THE CHALLENGES OF ANIMAL CONTROL TRAINING AND SEMINAR On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing Animal Control Officer Scott Donahue to attend the Handling the Challenges of Animal Control Training and Seminar at Lollypop Farm in Fairport, NY, beginning September 13th to the 14th. Chief of Police Alan Laird noted that this is a valuable training for Scott, especially with the difficulties and changes the Town has had in this area. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-230 8A2022-19 RESOLUTION AUTHORIZING THE ACCEPTANCE OF A GIFT OF AUDIO SERVICES On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted accepting the gift of audio services from Frequency Sound and Lighting with a donation value of approximately $100. Chief of Police Alan Laird explained that the Town’s Police Department holds a remembrance ceremony every year on September 11th to honor police, firefighters, EMS and civilians who lost their lives on that day. The Town’s ICAT/IT Department normally provides audio-visual assistance for this ceremony, but this year, Frequency Sound and Lighting offered to donate their time and equipment. There is no cost to the Town for this service. The donation is valued at $100. REGULAR TOWN BOARD MEETING AUGUST 16, 2022 148 UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-231 8A2022-20 RESOLUTION AWARDING BID FOR MCAVOY PARK ARTIFICIAL TURF REPLACEMENT On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted awarding the bid for the replacement of artificial turf at McAvoy Park to A Turf in the amount of $988,000. Supervisor Fitzpatrick noted that Commissioner Magee worked very hard on this matter and saved the Town close to $1M with this bid. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-232 8A2022-21 RESOLUTION AWARDING OF BID FOR MCAVOY PARK LIGHTING RETROFIT AND REPLACEMENT On a motion made by Councilmember Romeo, seconded by Councilmember Freeman a resolution was adopted awarding the bid for the Lighting Retrofit and Replacement at McAvoy Park to Blackmon-Farrell Inc. in the amount of $393,000. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-233 8A2022-22 RESOLUTION AWARDING BID FOR 4-TON ASPHALT HOTBOX TRAILER On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted awarding bid to J & J Equipment LLC in the amount of $40,035.75. Commissioner of Public Works Erin Magee stated that this piece of equipment will be used all year for patching and road work. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-234 8A2022-23 RESOLUTION REGARDING FIRST AMENDMENT TO THE LEASE WITH SPRINT FOR CELL TOWER USE On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted approving the First Amendment to the Lease with Sprint Spectrum Realty Company, LLC. Commissioner of Public Works Erin Magee stated that this First Amendment with Sprint to the Lease Agreement is for the cell tower located on the Town Board campus. This will be a 5-year lease with the option of a five-year extension with an annual rental fee of $10,938.09, with a 3% increase for each renewal term. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-235 8A2022-24 RESOLUTION ACCEPTING AWARD OF ADDITIONAL FUNDS FROM MONROE COUNTY DEPARTMENT OF HUMAN SERVICES OFFICE FOR THE AGING, AND AUTHORIZING THE USE OF REVENUE RECOVERY FUNDING FOR THE EXCESS COSTS OF A VAN FOR SENIOR RESIDENTS On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted accepting the award of $65,000 in additional funds from Monroe County Department of Human Services Office for the Aging and, in the event that the cost REGULAR TOWN BOARD MEETING AUGUST 16, 2022 149 of the Van exceeds $65,000, the Town Board authorizes the use of revenue recovery funds under ARPA in the amount up to $65,000 to cover the additional cost of the Van. Management Assistant Megan Hoffman stated that this Van will be used to transport seniors to the Community Center for the Nutrition Program, as well as other activities. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-236 8A2022-25 RESOLUTION ACCEPTING GIFTS FOR IRONDEQUOIT’S JULY 4TH CELEBRATION On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, a resolution was adopted formally accepting the gifts of monetary and food donations from Accu-Pave, BIG Landscaping, Bruster’s Ice Cream, Chick-Fil-A, Excellus Blue Cross and Blue Shield, Harris Funeral Home, Herrema’s Market, County Legislators Maria Vecchio and David Long, LaBella Associates, Marge’s Lakeside Inn, Paris Kirwin Insurance, Pets At Peace, St. Paul Blvd. Fire Association, SWOOP 1 Inc., Trilliant Jewelers, Ukrainian Federal Credit Union, Union Tavern, Wellington Steele and Associates, Wegmans, Woodridge Apartments and Wright Beverage. Management Assistant Megan Hoffman noted that this was a wonderful event and very well attended. The Town looks forward to this event every year. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-237 8A2022-26 RESOLUTION ESTABLISHING THE ONE IRONDEQUOIT CITIZEN COMMITTEE On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, a resolution was adopted establishing the Advisory One Irondequoit Citizen Committee. Supervisor Fitzpatrick stated that the Committee will be made up of diverse individuals in the Town. The purpose of the Committee will be to serve as a sounding board for the Town Board and to forge consensus among the Town’s diverse residents by advising the Town Board, upon its referral, concerning matters presented to the Town Board by community groups, interest groups, citizen groups and other private bodies. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-238 8A2022-27 RESOLUTION APPROVING THE AMENDED SPECIAL EVENT LICENSE FOR THE 11TH ANNUAL ROCHESTER AREA TRIATHLETES (RATs) TRIATHLON On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the amended Special Event License for the 11th Annual Rochester Area Triathletes (RATs) Triathlon, to be held on Saturday, August 27, 2022 from 5 a.m. to 3 p.m. at Durand Eastman Beach Park. Town Clerk Genier stated that the bike portion of the event was amended for the safety of the cyclists. Approval for the amendment was received. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-239 On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, pursuant to Public Officers Law Section 105-1(f), an Executive Session was called at 7:44 p.m. to discuss matters relating to the appointment or promotion of a particular person. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED REGULAR TOWN BOARD MEETING AUGUST 16, 2022 150 EXECUTIVE SESSION On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, the Executive Session was adjourned at 8:18 p.m. and the Regular Town Board Meeting was reconvened. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Supervisor Fitzpatrick stated that no action was taken in the Executive Session. 8A2022-15 RESOLUTION AUTHORIZING THE INCREASE OF SALARY FOR A MANAGEMENT ASSISTANT IN THE RECREATION DEPARTMENT On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, the above resolution is substituted by a new resolution approving the appointment of a Provisional Recreation Director. UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Nay Town Supervisor Fitzpatrick Aye On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, a resolution was adopted appointing Ryan McLean as the provisional Recreation Director. Attorney Dean read the substituted resolution approving the appointment of Ryan McLean as a provisional Recreation Director. He stated that Mr. McLean will be paid $62,000 per year. This is a competitive Civil Service title and Mr. McLean will have to take the examination when it is given and score within the top three to remain in the position. Supervisor Fitzpatrick stated that there needs to be a restructuring of the Recreation Department and he wishes to appoint Ryan McLean as the provisional Recreation Director. Mr. McLean will be assigned additional duties of overseeing, managing, and supervising the Recreation Department. Supervisor Fitzpatrick stated that the Department needs clear leadership and direction for the future, and this is a necessary move. UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Nay Town Supervisor Fitzpatrick Aye Resolution Number 2022-240 Upcoming Meetings: Town Workshop Meeting: Tuesday, September 13, 2022 @ 4 PM Regular Town Board Meeting: Tuesday September 20, 2022 @ 7 PM. On a motion made by Councilmember Wehner, seconded by Councilmember Perticone, the Regular Town Board Meeting was adjourned at 8:24 p.m. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Respectfully submitted, Barbara Genier, Town Clerk SPECIAL TOWN BOARD MEETING AUGUST 26, 2022 151 PRESENT: Rory Fitzpatrick Supervisor Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery Town Attorney ABSENT: Patrina Freeman Town Board Member John Perticone Town Board Member Others in attendance included Director of Human Resources Jason Vinette, Director of Administration Maria Vecchio, Commissioner of Public Works Erin Magee, Chief of Police Alan Laird, Management Assistant Megan Hoffman, Comptroller Diana Marsh and Town Clerk Barbara Genier. Supervisor Fitzpatrick called the meeting to order, Pledge was said and Roll Call taken by Town Clerk Genier at 1:30 PM. Supervisor Fitzpatrick mentioned that the Town had a fatal fire take place on Garford Avenue and two people perished in that fire. Thoughts and prayers are with the family. The Town has employees that are volunteers at Point Pleasant and played critical roles in fighting that fire. ITEMS FOR BOARD ACTION: 8STB2022-1 Resolution Authorizing Energy Audit of Town Facilities On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted authorizing Siemens to perform an energy audit of Town facilities and present a report of its findings to the Town and authorizing the Supervisor to provide the Utility Release and execute any documents necessary to the foregoing resolution. This will help the Town obtain grant funding and become more of a green community. The audit is free to the Town with no commitment on the Town’s part. UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Absent Town Board Member Romeo Aye Town Board Member Freeman Absent Rory Fitzpatrick Supervisor Aye Resolution Number 2022-241 8STB2022-2 Resolution Declaring Steins as Surplus Property and Authorizing their Disposition to Challenge Miracle Field of Greater Rochester On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted declaring approximately 500 plastic Oktoberfest steins as surplus property and authorizing the Town to dispose of such surplus property to Miracle Field. Comptroller Diana Marsh stated that these steins were not purchased with taxpayers’ funds; they were purchased for the Oktoberfest event and have diminished in value. SPECIAL TOWN BOARD MEETING AUGUST 26, 2022 152 UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Absent Town Board Member Romeo Aye Town Board Member Freeman Absent Rory Fitzpatrick Supervisor Aye Resolution Number 2022-242 8STB2022-3 Resolution Authorizing the Appointment of a Constituent Services Coordinator (Provisional) for the Town On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted approving the appointment of Elizabeth Gustafson as the provisional Constituent Services Coordinator. This is a lateral move for Ms. Gustafson and there will not be an increase in salary. This puts Ms. Gustafson in the appropriate title for the work she does. She will have to take the exam for this position when it becomes available. UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Absent Town Board Member Romeo Aye Town Board Member Freeman Absent Rory Fitzpatrick Supervisor Aye Resolution Number 2022-243 8STB2022-4 Resolution Authorizing the Hiring of a Part-Time Secretary to the Supervisor On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted approving the appointment of Mary McCombs as the Secretary to the Supervisor. As Ms. McCombs will be servicing in a part-time position, this is not a benefit eligible position. She will not make more than $35,000 a year. UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Absent Town Board Member Romeo Aye Town Board Member Freeman Absent Rory Fitzpatrick Supervisor Aye Resolution Number 2022-244 8STB2022-5 Resolution Authorizing the Hiring of a Police Officer On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted approving the transfer of Mark A. Larose as a Police Officer in the Irondequoit Police Department. SPECIAL TOWN BOARD MEETING AUGUST 26, 2022 153 Mark A. Larose comes to Irondequoit highly recommended. He is currently working part-time and is looking for full-time work in law enforcement. This hire will fill some of the vacancies in the Department. UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Absent Town Board Member Romeo Aye Town Board Member Freeman Absent Rory Fitzpatrick Supervisor Aye Resolution Number 2022-245 8STB2022-6 Resolution Authorizing Polling Place Agreement with Monroe County Board of Elections On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted authorizing the Supervisor to execute the 2022 Polling Place Agreement with the Monroe County Board of Elections. This will allow the Irondequoit Community Center to become a polling place. This is a good way to familiarize people with the Community Center. UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Absent Town Board Member Romeo Aye Town Board Member Freeman Absent Town Supervisor Fitzpatrick Aye Resolution Number 2022-246 On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, pursuant to Public Officers Law Section 105-1(f), an Executive Session was called at 1:39 p.m. to discuss matters relating to possible settlement of the claim and discussion of professional services. UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Absent Town Board Member Romeo Aye Town Board Member Freeman Absent Town Supervisor Fitzpatrick Aye EXECUTIVE SESSION On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, SPECIAL TOWN BOARD MEETING AUGUST 26, 2022 154 the Executive Session was adjourned at 2:50 p.m. and the Special Town Board meeting was reconvened. UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Absent Town Board Member Romeo Aye Town Board Member Freeman Absent Town Supervisor Fitzpatrick Aye 8STB2022-7 Resolution Authorizing a Settlement Agreement On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted authorizing the Department of Public Works to provide all labor, equipment, materials, and insurances necessary to relocate Claimants’ connection to the sanitary sewer, for an estimated cost of $9,000, but in total value not to exceed $12,000, pursuant to the Settlement Agreement and General Release of All Claims in final form as approved by the Town Attorney. Attorney Megan Dorritie explained that there was a home being constructed at 668 Seneca Road. The plans for the home were submitted to the Planning Board and approved. Following completion of the home, there was a discrepancy where the sewer line was actually located and found to be trespassing on another neighbor’s property. Since that time, the line has been disconnected and it needs to be reconnected and done in the proper area. A Demand Letter was sent to the Town from the resident at 668 Seneca Road. To avoid any further litigation, the Town is suggesting that the Town Board approve any in-kind work to settle this claim. Commissioner of Public Works Erin Magee added that the Town would relocate the sewer pipe and get the residents back into their home. Councilmember Wehner stated that no matter who does the work, it will be a Town sewer and that is good protection for the Town. UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Absent Town Board Member Romeo Aye Town Board Member Freeman Absent Rory Fitzpatrick Supervisor Aye Resolution Number 2022-247 On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, the Special Town Board meeting was adjourned at 2:54 p.m. UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Absent Town Board Member Romeo Aye Town Board Member Freeman Absent Rory Fitzpatrick Supervisor Aye SPECIAL TOWN BOARD MEETING AUGUST 26, 2022 155 Respectfully submitted, Barbara Genier, Town Clerk Resolution No. 2022 - __________ 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 September 2022, at 7:00 P.M. local time; there were: PRESENT: Rory Fitzpatrick 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 Historian, Vice Chairman of the Historic Preservation Commission and Town Secretary reviewed the letters of interest and resumes submitted by the individuals interested in serving on the Commission considering each applicant’s qualifications and now reaches consensus on the appointment; and WHEREAS, after conducting interviews with the interested candidates, the Town Historian, Vice Chairman of the Historic Preservation Commission and Town Secretary recommend the appointment of candidate Jennifer Ahrens to the Town Board; and NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Irondequoit appoints Jennifer Ahrens as a member of the Historic Preservation Commission through December 31, 2022. 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 Fitzpatrick voting _______ Resolution No. 2022- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE HIRING OF A PART-TIME OFFICE CLERK IV IN IRONDEQUOIT’S JUSTICE COURT 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 September 2022, at 7:00 P.M. local time: there were PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member Kimie Romeo Town Board Member John Perticone 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, due to a resignation there is an opening for a part-time Office Clerk IV in the Irondequoit Justice Court; and WHEREAS, the Chief Court Clerk interviewed several qualified candidates and recommends hiring Kimberly Fioco as a part-time Office Clerk IV; and WHEREAS, this is a non-competitive title, and no civil service examination is necessary to be eligible for this position. WHEREAS, this title has been vacant since June 2022 and there was a need to fill the position immediately due to the high volume of work. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Kimberly Fioco as a part-time Office Clerk IV to be paid an hourly rate of $15.00 which shall be paid from budget code 001.1110.0102.1100. This resolution shall be retroactive to August 17, 2022, Ms. Fioco’s initial 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 Fitzpatrick voting _______ Resolution No. 2022- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE HIRING OF A PART-TIME RECREATION 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 September 2022, at 7:00 P.M. local time: there were PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member Kimie Romeo Town Board Member John Perticone 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, due to a vacancy there is an opening for a part-time Recreation Assistant in the Fitness Center of the Irondequoit Community Center; and WHEREAS, the Director of Recreation interviewed several qualified candidates and recommends hiring Richard Chapman as a part-time Recreation Assistant to work in the Fitness Center; and WHEREAS, this is a non-competitive title, and no civil service examination is necessary to be eligible for this position. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Richard Chapman as a part-time Recreation Assistant to be paid an hourly rate of $15.00 which shall be paid from budget code 001.7140.0102.1100.7146. This resolution shall take effect on 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 Fitzpatrick voting _______ Resolution No. 2022- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE HIRING OF A PART-TIME RECREATION 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 September 2022, at 7:00 P.M. local time: there were PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member Kimie Romeo Town Board Member John Perticone 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, due to a vacancy there is an opening for a part-time Recreation Assistant in the Fitness Center of the Irondequoit Community Center; and WHEREAS, the Director of Recreation interviewed several qualified candidates and recommends hiring Joseph Lobene as a part-time Recreation Assistant to work in the Fitness Center; and WHEREAS, this is a non-competitive title, and no civil service examination is necessary to be eligible for this position. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Joseph Lobene as a part-time Recreation Assistant to be paid an hourly rate of $15.00 which shall be paid from budget code 001.7140.0102.1100.7146. This resolution shall take effect on 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 Fitzpatrick voting _______ Resolution No. 2022- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE HIRING OF A FULL TIME WORKING FOREMAN 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 September 2022, at 7:00 P.M. local time: there were PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member Kimie Romeo Town Board Member John Perticone 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 working foreman in the Tree Department of Public Works; and WHEREAS, the Commissioner of Public Works has interviewed all of the qualified candidates that applied for the position and recommends hiring Marc Mastrella for this title; and WHEREAS, this is a non-competitive title, but per civil service guidelines one (1) year of permanent status as a Laborer, Motor Equipment Operator or similar title in the Town of Irondequoit is necessary to be eligible for this position. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Marc Mastrella as a full-time Working Forman to be paid an hourly rate of $31.16 which shall be paid from the following budget codes; 30% 031.8125.0100.1100, 30% from 001.8560.0100.1100, 30% from 031.8121.0100.1100 and 10% from 024.5142.0100.1100. This resolution shall take effect on 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 Fitzpatrick voting _______ 11558946_1 11581608_2 Resolution No. 2022- EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE HIRING OF A POLICE OFFICER 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 September 2022, at 7:00 P.M. local time: there were PRESENT: Rory Fitzpatrick 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, due to numerous retirements there is a need to hire another Police Officer; and WHEREAS, the Chief of Police has interviewed several qualified transfer candidates and recommends hiring Bradley Lamphier as a Police Officer; and WHEREAS, Bradley Lamphier is reachable on the Monroe County Civil Service List and has passed the psychological and physical agility exams; and NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the hire of Bradley Lamphier as a Police Officer and will be paid $50,747 annually which shall be paid from budget code 001.3120.100.1100. This resolution shall take effect on date of hire, which is scheduled for October 25, 2022. 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 Fitzpatrick voting _______ Resolution No. 2022- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE TRANSFER OF A FULL-TIME OFFICE CLERK III IN IRONDEQUOIT’S COMMUNITY DEVELOPMENT DEPARTMENT 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 September 2022, at 7:00 P.M. local time: there were PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member Kimie Romeo Town Board Member John Perticone 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, due to a recent promotion there is an opening for a full-time Office Clerk III in the Irondequoit Community Development Department; and WHEREAS, the interview Committee interviewed several qualified candidates and recommends hiring Kimberly DeMarco as a full-time Office Clerk III; and WHEREAS, this is a competitive title, and Kimberly DeMarco is eligible to transfer as she currently holds this title in another jurisdiction. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Kimberly DeMarco as a full-time Office Clerk III to be paid an hourly rate of $17.50 which shall be paid from budget code 001.3620.0100.1100. This resolution shall take effect on 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 Fitzpatrick voting _______ 2022_________ EXTRACTION OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING REAPPOINTMENT TO THE TOWN LIBRARY BOARD 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 September, 2022 at 7:00 p.m. local time; there were: PRESENT: Rory Fitzpatrick Town Supervisor John Perticone Town Board Member Kimie Romeo Town Board Member Patrina Freeman 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 term of Library Board trustee Susan Kramarsky has expired; and WHEREAS, the Town Board wishes to reappoint Trustee Kramarsky to the Town Library Board. NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Irondequoit approves the following reappointment: Susan Kramarsky Trustee, Library Board Term Expires: December 31, 2026 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 Perticone voting __________ Town Board Member Romeo voting __________ Town Board Member Freeman voting __________ Town Board Member Wehner voting __________ Town Supervisor Fitzpatrick voting __________ Resolution No. 2022- EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING 2022 TAX LEVIES 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 September 2022, at 7:00 p.m. local time, there were PRESENT: Rory Fitzpatrick 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 served notice upon the owners of the properties listed in the attached spreadsheet for violations of Town Code Chapter 94 and 104; and WHEREAS, the owners failed to comply with duly issued orders within the time provided, or where, in the case of abandoned properties, the owners or responsible parties did not respond; and WHEREAS, Town Code Chapter 94 and 104 authorizes the Town to have work performed and be reimbursed by assessing and levying the expenses for such work against the property if a property owner fails to correct a violation. NOW, THEREFORE, BE IT RESOLVED, that the Town of Irondequoit authorizes and orders that the expenses for work performed by the Town to correct violations of Town Code Chapter 94 and 104, as set forth in the attached spreadsheet and totaling approximately $87,072.83 be assessed and levied against said properties as listed in the attached spreadsheet, and collected in the same manner and same time as other assessments and tax levies of the Town. AND, BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to adjust the foregoing assessment and levy based upon additional expenses incurred by the Town, as well as fees that are paid to the Town, prior to the cut-off date of October 11, 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 Freeman voting _______ Town Board Member Romeo voting _______ Town Supervisor Fitzpatrick voting _______ Resolution No. 2022 - ______________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING ADJUSTMENT OF THE MILEAGE REIMBURSEMENT RATE FOR 2022 TO $0.625 CONSISTENT WITH THE RATE ALLOWED BY THE U. S. INTERNAL REVENUE SERVICE 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 September 2022, at 7:00 P.M. local time; there were: PRESENT: Rory Fitzpatrick 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 the policy of the Town of Irondequoit to reimburse employees for use of personal motor vehicles for Town business at the same rate per mile as allowed by the U. S. Internal Revenue Service (IRS); and WHEREAS, the IRS changed the rate per mile to $.625 effective July 1, 2022. NOW, THEREFORE BE IT RESOLVED, that the Town Board authorizes a mileage reimbursement rate of $.625 per mile for any mileage recorded on a personal motor vehicle used for Town business on or after July 1, 2022. 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 Freeman voting ________ Town Board Member Romeo voting _______ Town Supervisor Fitzpatrick voting _______ Resolution No. 2022 - ________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE SUPERVISOR TO MAKE PAYMENT FOR TRAINING PROGRAMS 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 September, 2022 at 7:00 P.M. local time; there were: PRESENT: Rory Fitzpatrick 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 from time to time needs training for Town employees and department heads; and WHEREAS, a request for proposals was issued on ___, 20__ for the provision of executive- level training and the Town received __ proposals and conducted interviews with each respondent; WHEREAS, the Selection Committee recommended _____________________ to provide these services at an hourly cost of $_____ and a total cost of $______; and WHEREAS, by Resolution __-___, the Town Board authorized the Town Supervisor to enter into a contract with XLR8 for the desired training dated _____, 20__ (the “Contract”); and WHEREAS, the Contract set a price for the training at $____; and WHEREAS, funding for this expense is available in account __________. NOW THEREFORE BE IT RESOLVED, that the Town Board authorizes the Comptroller to make payment to XLR8 in the amount of $____ for the previously-authorized services. 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 Romeo voting _______ Town Board Member Perticone voting _______ Town Supervisor Fitzpatrick voting _______ Resolution No. 2022-____ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO AGREEMENT TO RECEIVE ZOMBIE 2.0 GRANT FUNDS 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 September 2022 at 7:00 P.M. local time; there were PRESENT: Rory Fitzpatrick 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, resolution 2020-028 authorized the Town to accept a Zombie 2.0 grant through the Local Initiatives Support Corporation (LISC) in the amount of $226,100 to help address vacant structures in the town; and WHEREAS, the Town expended $50,289 within the allowable grant period and the grant was reduced to $50,289; and WHEREAS, the Local Initiatives Support Corporation (LISC) awarded an additional $70,253 in grant funds, which will be used to formalize vacant-focused code enforcement compliance with all applicable town and state regulations.; and NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Irondequoit accepts the additional LISC funds and authorizes the Town Supervisor to sign the LISC grant agreement. 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 Freeman voting __________ Town Board Member Perticone voting __________ Town Board Member Romeo voting __________ Town Supervisor Fitzpatrick voting __________ 11581986_2 Resolution No. 2022- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE APPROVAL OF THE STANDARD WORKDAY FOR ELECTED OFFICIALS IN THE TOWN OF IRONDEQUOIT 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 September 2022, at 7:00 P.M. local time: there were PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member Kimie Romeo Town Board Member John Perticone 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, New York State Retirement Systems requires that the Town establish a document showing the Standard Workday for Elected Officials; and WHEREAS, the pertinent information has been requested and received from the elected officials to complete document RS2417-A for the retirement system, a copy of which is attached hereto and incorporated herein; and NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the Standard Workday and Reporting resolution for the New York State Employees Retirement System. AND BE IT FURTHER RESOLVED, that a copy of this resolution, with any attachments, shall be posted publicly for a minimum of 30 days after its adoption. AND BE IT FURTHER RESOLVED, that the Town Clerk shall file this resolution with NYSLRS within 15 days after public posting ends. 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 _______ 11581986_2 Town Supervisor Fitzpatrick voting _______ Resolution No. 2022-____________ A RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO A CONTRACT FOR DIGITAL SERVICES WITH CIVICPLUS FOR A WEBSITE AND DOCUMENT MANAGEMENT SYSTEM 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 of September 2022 at 7:00 P.M. local time; there were PRESENT: Rory Fitzpatrick Town Supervisor John Perticone Town Board Member Patrina Freeman 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, on March 11, 2021, the American Rescue Plan Act (ARPA) was signed into law by the President to provide support to State, local and Tribal governments in responding to the impact of COVID-19 and in their efforts to contain COVID-19 in their communities, residents and businesses; and WHEREAS, the Town of Irondequoit has been allocated approximately $22.45 million as part of the American Rescue Plan Act; and WHEREAS, the Town desires a new website as well as a document management system; and WHEREAS, a request for proposals was issued on July 18, 2022, and the Town received three proposals and conducted interviews with each respondent; and WHEREAS, at the conclusion of the RFP Process, the RFP Selection Committee recommends the Town contract with CivicPlus for the desired services; and WHEREAS, the Town’s consultant with respect to ARPA matters, the Bonadio Group, approves of such use of ARPA funding; and NOW, THEREFORE BE IT RESOLVED, that the Town Board authorizes the use of ARPA funds in the amount of up to $60,000 to engage Civicplus to build a town website and a document management system. AND, THEREFORE, BE IT FURTHER RESOLVED, that the Town Board authorizes the supervisor to enter a contrate with Civicplus and have them build a website using their software platform CivicOptimize in the amount of $20,822.25. AND, THEREFORE, BE IT FURTHER RESOLVED, that the Town Board authorizes the supervisor to enter a contrate with Civicplus to have it build a document management system using their software platform CivicEngage in the amount of $26,963.50. AND BE IT FURTHER RESOLVED, that the Town Board authorizes the Supervisor or Acting Supervisor to execute all documents necessary to enter a contract as approved by the Attorney for the Town in the estimated amount of $ 47,785.75 and in a total amount not to exceed $60,000. 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 Romeo voting_________________ Town Board Member Perticone voting_________________ Town Supervisor Fitzpatrick voting_________________ CivicPlus 302 South 4th St. Suite 500 Manhattan, KS 66502 US Quote #:Q-27345-1 Date:7/19/2022 10:12 AM Expires On:9/30/2022 Product:CivicEngage Client: Irondequoit NY - CivicEngage Bill To: Irondequoit NY - CivicEngage SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD Ross Wells x ross.wells@civicplus.com Net 30 CivicEngage - Statement of Work QTY PRODUCT NAME DESCRIPTION PRODUCT TYPE 1.00 DNS Hosting for .GOV – Annual Fee DNS Hosting for .GOV – Annual Fee Renewable 1.00 Annual - CivicEngage Central Annual - CivicEngage Central Renewable 1.00 Hosting & Security Annual Fee - CivicEngage Central Hosting & Security Annual Fee - CivicEngage Central Renewable 1.00 SSL Management – CP Provided Only SSL Management – CP Provided Only 1 per domain (Annually Renews) Renewable 1.00 Premium Implementation - CivicEngage Premium Implementation One-time 1.00 4yr Redesign Premium Annual - CivicEngage Central 4yr Redesign Premium Annual - CivicEngage Central Renewable 150.00 Content Development - 1 Page - CivicEngage Content Development - 1 Page - CivicEngage One-time 4.00 System Training (4h, virtual) - CivicEngage CivicEngage System Training - Virtual, Half Day Block One-time 1.00 Agendas & Minutes Migration - PDF - 100 Meetings - CivicEngage Content Migration : Agendas & Minutes - Per 100 Meetings (Approx. 1 year) One-time 1.00 CivicEngage Custom IdP Integration Package Custom IdP Integration Package Custom IdP Integration Annual Fee Custom IdP Integration Implementation Fee Renewable 1.00 CivicEngage Custom IdP Integration Annual Fee Custom IdP Integration Annual Fee Renewable 1.00 CivicEngage Custom IdP Integration Implementation Fee Custom IdP Integration Implementation Fee One-time V. PD 06.01.2015-0048 Page 1 of 4 List Price - Year 1 Total USD 37,323.00 Total Investment - Year 1 USD 26,963.50 Annual Recurring Services - Year 2 USD 6,340.00 Total Days of Quote:365 1.This Statement of Work ("SOW") shall be subject to the terms and conditions of the CivicPlus Master Services Agreement located at https://www.civicplus.com/master-services-agreement (“MSA”), to which this SOW is hereby attached as the CivicEngage Statement of Work. By signing this SOW, Client expressly agrees to the terms and conditions of the MSA throughout the Term of this SOW. 2.This SOW shall remain in effect for an initial term equal to 365 days from the date of signing (“Initial Term”). In the event that neither party gives 60 days’ notice to terminate prior to the end of the Initial Term, or any subsequent Renewal Term, this SOW will automatically renew for an additional 1-year renewal term (“Renewal Term”). The Initial Term and all Renewal Terms are collectively referred to as the “Term”. 3.The Total Investment - Year 1 will be invoiced as follows: a. Upon signing this SOW, thirty percent (30%) of the Total Investment Year 1 Fees; b. The earlier of 6 months from signing or upon completion of Implementation, the remaining seventy percent (70%) of the Total Investment Year 1. 4.Annual Recurring Services shall be invoiced on the start date of each Renewal Term. Annual Recurring Services, including but not limited to hosting, support and maintenance services, shall be subject to a 5% annual increase beginning in year 3 of service. Client will pay all invoices within 30 days of the date of such invoice. 5.Client agrees that CivicPlus shall not migrate, convert, or port content or information that could reasonably be construed as time sensitive, such as calendar or blog content, during the Project Development. 6.If a Recurring Redesign line item is included with the Client's quote in this SOW, starting after 48 months of continuous service under this SOW, Client shall be entitled to receive a redesign at no additional cost. Client may initiate such redesign any time after 48 months of continuous service. Upon the initiation of an eligible redesign project, Client may begin accumulating eligibility towards a subsequent redesign after another 48 months of continuous service. Redesigns that include additional features not available on the original website may be subject to additional charges. Additional features include, but are not limited to, additional modules and integration of third-party software. Recurring Redesigns are eligible for the website, subsite, and department headers included in this SOW only. Any subsequently purchased website, subsite, and department header shall not be included in a redesign hereunder. 7.Client allows CivicPlus to display a “Government Websites by CivicPlus” insignia, and web link at the bottom of their web pages. Client understands that the pricing and any related discount structure provided under this SOW assumes such perpetual permission. Signature Page to Follow. V. PD 06.01.2015-0048 Page 2 of 4 Acceptance By signing below, the parties are agreeing to be bound by the covenants and obligations specified in this SOW and the MSA terms and conditions found at: https://www.civicplus.com/master-services-agreement. IN WITNESS WHEREOF, the parties have caused this SOW to be executed by their duly authorized representatives as of the dates below. Client CivicPlus By: ___________________________________ By: ___________________________________ Name: ___________________________________ Name: ___________________________________ Title: ___________________________________ Title: ___________________________________ Date: ___________________________________ Date: ___________________________________ V. PD 06.01.2015-0048 Page 3 of 4 Contact Information *all documents must be returned: Master Service Agreement, Statement of Work, and Contact Information Sheet. Organization URL ________________________________________________________________________________________________________________________ Street Address ________________________________________________________________________________________________________________________ Address 2 ________________________________________________________________________________________________________________________ City State Postal Code ________________________________________________________________________________________________________________________ CivicPlus provides telephone support for all trained clients from 7am –7pm Central Time, Monday-Friday (excluding holidays). Emergency Support is provided on a 24/7/365 basis for representatives named by the Client. Client is responsible for ensuring CivicPlus has current updates. ________________________________________________________________________________________________________________________ Emergency Contact & Mobile Phone ________________________________________________________________________________________________________________________ Emergency Contact & Mobile Phone ________________________________________________________________________________________________________________________ Emergency Contact & Mobile Phone ________________________________________________________________________________________________________________________ Billing Contact E-Mail ________________________________________________________________________________________________________________________ Phone Ext. Fax ________________________________________________________________________________________________________________________ Billing Address ________________________________________________________________________________________________________________________ Address 2 ________________________________________________________________________________________________________________________ City State Postal Code ________________________________________________________________________________________________________________________ Tax ID # Sales Tax Exempt # ________________________________________________________________________________________________________________________ Billing Terms Account Rep ________________________________________________________________________________________________________________________ Info Required on Invoice (PO or Job #) ________________________________________________________________________________________________________________________ Are you utilizing any external funding for your project (ex. FEMA, CARES): Y [ ] or N [ ] Please list all external sources: _______________________________________________________________________________________________ Contract Contact Email ________________________________________________________________________________________________________________________ Phone Ext. Fax ________________________________________________________________________________________________________________________ Project Contact Email ________________________________________________________________________________________________________________________ Phone Ext. Fax ________________________________________________________________________________________________________________________ V. PD 06.01.2015-0048 Page 4 of 4 CivicPlus 302 South 4th St. Suite 500 Manhattan, KS 66502 US Quote #:Q-25524-1 Date:5/17/2022 9:19 AM Expires On:8/15/2022 Product:CivicOptimize Client: Irondequoit Town, New York - CivicOptimize Bill To: Irondequoit Town, New York - CivicOptimize SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD Ross Wells x ross.wells@civicplus.com Net 30 CivicOptimize - Statement of Work QTY PRODUCT NAME DESCRIPTION PRODUCT TYPE 1.00 Productivity Starter Package Productivity Starter Package 1.00 Productivity Starter System Annual Fee Productivity Starter System Annual Fee: 50 staff app users; 15,000 app user submissions / month Renewable 1.00 Power Automate Integration Power Automate Integration Renewable 1.00 Productivity System Set-Up Productivity System Set-Up: Up to five (5) hours form development (Forms Templates or Custom); App Graphics (Icon & Banner); up to two (2) hours training 5.00 Productivity Custom Form Development (1h) Productivity Custom Form Development (1h)One-time 1.00 Productivity Custom App Banner Productivity Custom App Banner One-time 1.00 Productivity System Training (2h, virtual) Productivity System Training (up to 2h, virtual)One-time 1.00 Productivity Custom App Icon Productivity Custom App Icon One-time 1.00 Productivity Standard Implementation Services Standard Implementation: The CivicPlus team will document your process workflow, and will work with your team to build, configure, and style your solution. Up to 32 hours services. One-time 1.00 CivicOptimize Pay - Forte CivicOptimize Pay - Forte 1.00 CivicOptimize Pay Annual Fee - Forte CivicOptimize Pay Annual maintenance and support fee Renewable 1.00 CivicOptimize Pay Implementation - Forte Includes setting CivicPlus Pay configuration, configuring CivicPlus products for accepting payments, advanced troubleshooting with our partner's support. One-time V. PD 06.01.2015-0048 Page 1 of 4 QTY PRODUCT NAME DESCRIPTION PRODUCT TYPE 1.00 Productivity Connector Annual Fee (available integrations) Productivity Connector (Laserfiche) Annual Fee Renewable List Price - Year 1 Total USD 29,063.00 Total Investment - Year 1 USD 20,822.25 Annual Recurring Services - Year 2 USD 13,650.00 Total Days of Quote:365 1. This Statement of Work ("SOW") shall be subject to the terms and conditions of the CivicPlus Master Services Agreement located at https://www.civicplus.com/master-services-agreement (“MSA”), to which this SOW is hereby attached as the CivicOptimize Statement of Work. By signing this SOW, Client expressly agrees to the terms and conditions of the MSA throughout the Term of this SOW. 2. This SOW shall remain in effect for an initial term equal to 365 days from the date of signing (“Initial Term”). In the event that neither party gives 60 days’ notice to terminate prior to the end of the Initial Term or any subsequent Renewal Term, this SOW will automatically renew for an additional 1-year renewal term (“Renewal Term”). The Initial Term and all Renewal Terms are collectively referred to as the “Term”. 3. The Total Investment - Year 1 will be invoiced as follows: a. Upon signing this SOW, thirty percent (30%) of the Total Investment Year 1 Fees; b. The earlier of 6 months from signing or upon completion of Implementation, the remaining seventy percent (70%) of the Total Investment Year 1. 4. Annual Recurring Services shall be invoiced on the start date of each Renewal Term. Annual Recurring Services, including but not limited to hosting, support and maintenance services, shall be subject to a 5% annual increase beginning in year 3 of service. 5. Client understands CivicPlus shall have no obligation to provide the Services or maintain Client data, information or other material after this SOW is terminated or if Client’s accounts are past due and unpaid, as set forth in the MSA. 6. Client’s use of the Services is subject to the Acceptable Use Policy set forth at https://www.civicoptimize.civicplus.help/hc/en-us/articles/360046849654-Acceptable-Use-Policy. 7. Client has reviewed the Service Tier options attached to this SOW as Addendum 1 and understands the features and functionality included with the Client’s selected option. Addendum 1 attached hereto is intended to inform Client of inclusions and limitations of the Service Tier selected. Client relies on its own skill and judgment in selecting the appropriate Service Tier and acknowledges that it has received no promise, guarantee, representation, warranty or undertaking regarding profitability or any consequence or benefit to be obtained from the Service. 8. Client understands and agrees that the Client is solely responsible for the content and type of data stored for its end users and/or constituents. CivicPlus implements industry standard data protection for stored data; however, the Productivity services contracted for herein (the “Services”) are not intended to store personally identifiable information (“PII”), personal health information (“PHI”), payment card industry information (“PCI”) or any other financial data. CivicPlus strongly discourages Client from soliciting and storing PII and PHI within the Services and prohibits Client from soliciting and storing any PCI or any other financial data within the system. CivicPlus cannot monitor and control Client’s actions; V. PD 06.01.2015-0048 Page 2 of 4 therefore, in the event Client solicits and stores any PII, PHI, PCI or other financial data, it is at Client’s sole discretion and risk. Client as the data owner, and not CivicPlus, is solely responsible for the applicable laws and regulations regarding any data breach involving such data, including breach notification and credit monitoring requirements. 9. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, CIVICPLUS MAKES NO REPRESENTATION OR EXTENDS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE CLIENT WITH RESPECT TO ANY TECHNOLOGY OR OTHER SUBJECT MATTER OF THIS AGREEMENT AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO ANY AND ALL OF THE FOREGOING. Signature Page to Follow. V. PD 06.01.2015-0048 Page 3 of 4 Acceptance By signing below, the parties are agreeing to be bound by the covenants and obligations specified in this SOW and the MSA terms and conditions found at: https://www.civicplus.com/master-services-agreement. IN WITNESS WHEREOF, the parties have caused this SOW to be executed by their duly authorized representatives as of the dates below. Client CivicPlus By: ___________________________________ By: ___________________________________ Name: ___________________________________ Name: ___________________________________ Title: ___________________________________ Title: ___________________________________ Date: ___________________________________ Date: ___________________________________ V. PD 06.01.2015-0048 Page 4 of 4 CIVICOPTIMIZE Product Packages Choose t ti I ro:99, c: package level that is right for the organization, defined by the number of users and additional functionality necessary. Package du"r^ eors • Package. include unlimited back -end system team mumbe,s. ■ Packages are differentiated by the number of front-end authent+sated app users and app user submissions, An authenticated app user is a user whin will 5ecu rely sign into utilize the platform. • Packages included unlimited Citizen/public end -users and submissions. These users are not required to sign in to wiew access, or complete forms are not considered authenticated app users- Piochd Level FORMS" 1 BASE STARTER BUSINESS i ENTERPRISE 1 UNLIMITED F.: -4-r- . ,pacreation - . -_ mr^ _ -s S.a _:'crs - -- -. -; --EE,': - - - ::rm Enx;ranmr•-:s , : ' ..rr; ec farms L.i7IT`ated i rLfa i o ry'a g roa ' uniirrtad 1-0.i7r`3tad R/¢ ri a 3 II nlimited i unlimitea' unlimited unlimited an'imite ,,nl rreitu 50 250 1,0013 I a l 15.000 5€i,00t1 100,E i 5 i urnlimit ' I unlimited ar'r':a :,:..,r r' ,r- _. rmITnited rmlfr ! ; r•"imi:e vy - :_ errert Corsala ,.-_ .',, aragsment Arleta -ids Dashboard High-AaraiiabiktyJo astructore Entarzs ise-laves I-icstrig& Sireunty Y Y Y Y Y 1 I Y Y Y Y Y Y Y Y I Y Y Y Y Y Y Y Y Y I Y 9 Y 9 Y Y y Y Y Y rz 1-, f -,: E ma -code farms, i rrf;: was CepidyasFa S Generate csd sunfish .Pw'As I'pps 3enerc:t ,:s -m sulxmierion P;v= _ :de Y Y Y • •Y 3 Y Y Y Y Y Y Y Y Y Y I y Y Y Y Y Y Y Y Y i Y y Y Y Y ' '} a - :. _ ..-:. -= _...:ri - :o•s- -- :-.,:: s::ry ' ! q N ta' N Y Y I . Y ! Y i i Y Y Y V Y Y Y Y Y Y Y ,:' ,.:iutior tntegn - r. s ri"E. ExtemdSyKE E'y-___ :'E : : ::! Etems! s -e: --s --:eg-::',;-: --:= Custom Domain Name ,Apea':vats Won¢iaw Scheduling Y N N n!e J 'J I 3 Y PO ''! $ $ 1 praar!ider / 1 i Y I Y i I i i $ i i - 5- i I Y I Y I Y I I ID prozidras 510 pmvders i o ! I Y I $ ! Y Y 250 providers Y $ Y Y unlimited l ili 0 Volunteer 5 - . i 9 c **Forms oily sold with EngageEalolve, or as packaged with other platform products (9-e- HCMS, CP Pay, CP Mobile). e•♦ External Systems Integrations l;auallaltle): see Integrations Section. inc'::tss.7:0.t;e^ ;ee Contact Information *all documents must be returned: Master Service Agreement, Statement of Work, and Contact Information Sheet. Organization URL ________________________________________________________________________________________________________________________ Street Address ________________________________________________________________________________________________________________________ Address 2 ________________________________________________________________________________________________________________________ City State Postal Code ________________________________________________________________________________________________________________________ CivicPlus provides telephone support for all trained clients from 7am –7pm Central Time, Monday-Friday (excluding holidays). Emergency Support is provided on a 24/7/365 basis for representatives named by the Client. Client is responsible for ensuring CivicPlus has current updates. ________________________________________________________________________________________________________________________ Emergency Contact & Mobile Phone ________________________________________________________________________________________________________________________ Emergency Contact & Mobile Phone ________________________________________________________________________________________________________________________ Emergency Contact & Mobile Phone ________________________________________________________________________________________________________________________ Billing Contact E-Mail ________________________________________________________________________________________________________________________ Phone Ext. Fax ________________________________________________________________________________________________________________________ Billing Address ________________________________________________________________________________________________________________________ Address 2 ________________________________________________________________________________________________________________________ City State Postal Code ________________________________________________________________________________________________________________________ Tax ID # Sales Tax Exempt # ________________________________________________________________________________________________________________________ Billing Terms Account Rep ________________________________________________________________________________________________________________________ Info Required on Invoice (PO or Job #) ________________________________________________________________________________________________________________________ Are you utilizing any external funding for your project (ex. FEMA, CARES): Y [ ] or N [ ] Please list all external sources: _______________________________________________________________________________________________ Contract Contact Email ________________________________________________________________________________________________________________________ Phone Ext. Fax ________________________________________________________________________________________________________________________ Project Contact Email ________________________________________________________________________________________________________________________ Phone Ext. Fax ________________________________________________________________________________________________________________________ V. PD 06.01.2015-0048 Page 1 of 1 Resolution No. 2022-____ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) 2023 FORD POLICE INTERCEPTOR UTILITY AWD SUV TO BE USED BY THE IRONDEQUOIT POLICE DEPARTMENT 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 September, 2022 at 7:00 pm; there were PRESENT: Rory Fitzpatrick 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 Police Department to purchase one (1) new 2023 Ford Utility Police Interceptor All Wheel Drive vehicle (the “Vehicle”); and WHEREAS, the Town is authorized to make purchases through the contract of any county within the state at the same prices and under the same terms and conditions as such county pursuant to Irondequoit Town Code 51-5(B)(4) and New York State General Municipal Law §103(3); and WHEREAS, the Police Department would like to utilize a contract with Van Bortel Ford, Inc to purchase one (1) new 2023 Ford Utility Police Interceptor All Wheel Drive vehicles; and WHEREAS, Van Bortel Ford, 71 Marsh Road, East Rochester, New York, has been awarded Mini Bid# 10907; and WHEREAS, the estimated cost to purchase one (1) new 2023 Ford Utility Police Interceptor All Wheel Drive Vehicle is $45,090.29; and WHEREAS, funding for this expense is available thru the American Rescue Plan Act Revenue Recovery Funding Appointment 6A2022-22 which was adopted at the June 21st, 2022 Town Board Meeting. NOW, THEREFORE, BE IT RESOLVED, that the Town Board approves the purchase of one (1) new 2023 Ford Utility Police Interceptor All Wheel Drive Vehicle from VanBortel Ford, 71 Marsh Road, East Rochester, New York in the amount of $45,090.29; and 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 Fitzpatrick voting ______ Specific call for offers from: 1379 OGS Solicitation 2315Cz: Vehicles,_ class 1-8 10907 (1) Ford Police Interceptor Utility (AWD) - Town Of Irondequoit Settings Partiiclpdn:o Scnedule Pricing .sheets Questionnaires Question & Answer Offers/Applications Offer phase (3) Awarding (0) is rrnin,o Vehicles Built to Specifications Pricing Sheet Pre -Existing Vehicles Pricing Sheet Offer Model Year- brake - Model & Trim Level- total (•:umber of Vehicles - Edit Sari on -suppher Rank Name P; Ion; sheet 1.1,3001 Mara Model 1& Trim PI'rc Frio;; Tour Tota! Price Phase rear reye! fir Vchlc; F.lrrnuor of 'or film -Bid Vehic,cs 1 lrnr ocel Ford tnc Vehicles Bull. !o 223 FORD P3 Ur'LC'Y 1 $45,0911 20 Ev4lu tipn Sper`flcatlt0n5 P(Icina Shoe= 2 81A157E. LLC DBA Vehicles Built a) _22_3 FORD POLICE >4 221' .=.20 L' Evalcetell GEr_E EE Vr LLE' FO3333 SpecificationS IlITERC.EPTOR - AVON Sher: JTfc;rr 1`12. Flnlrr�l^r- b- hlcl Guilt Lo - 2n23 Coro f ulico Utility 041,677 3 $45,67; E,,,lujr:oo ;ecrtica rions Pr icmc She:e' Internal award justification Do comments Ektt a_'7rd justification Purchase order Trl-s information is required to be entered by all Auth©nzed Users of the NYS Vehicle Marketplace. Departments and agencies MUST provide a screenshot of this 'Awarding" page information when requesting a State ID from OGS Fleet Management or NYS DOT. Please enter the purchase oreer or other ordering document information or if no purchase order was made by clicking on "Edit purchase order" below. No awarding Edit Purchase Order Nego Mark Neumem, Ir9pu[ metrix Published Solicitations Contracts Documents My Profile Company Contact groups Templates 11103^3n`; (:rillnl5[*'a1llr r 3 :-.1rt r -o o Need help using Negometrix3> Visit our support pane ^lar aryl .X5 2;C C. 0o,- ,'rn.+�r.(or Server opt NF. Ifvs1: 101 ff;e:en'T0 19; 1O1il:.`.5G. Ercwser load: 1201crenc;:i3 0119.1049.1.131-4; 9/6/22, 8:32 AM Orders Tuesday September 6th, 2022 8:31 AM 71 Marsh Rd East Rochester, NY 14445 585-586-7705 Fax 585-586-7706 Vehicle Purchase Proposal Attention: Mark Neumann Town of Irondequoit 2629 E Ridge Rd Rochester NY 14622 Phone: 585-336-6090 Fax: 585-266-0695 Mobile: 585-301-7094 Email: mneumann@irondequoit.org Purchase Order: Final Order Date Yet To Be Determined Order# C3858 23166 Mini Bid#: 10907 Item Description Code 2023 Ford Utility Police Interceptor AWD K8A Agate Black UM 3.3L V6 DI Engine - Onondaga Bid 99B 10 -speed Automatic Transmission (with 996/99C) 44U License Plate Bracket - Front 153 Dome Lamp - Red/White in Cargo Area 17T Global Lock / Unlock feature 18D 100 Watt Siren/Speaker (includes bracket and pigtail) 18X Front Warning Auxiliary Light 21L Dark Car Feature - Courtesy lamp disable when any door is opened 43D Police Engine Idle Feature 47A Spot Lamp - LED Bulb, Driver Only (Unity) 51 R Mirrors - Heated Sideview 549 Remote Keyless -Entry Key FOB '55F Keyed Alike - 1111x '59J Noise Suppression Bonds (Ground Straps) 60R Front Headlamp Lighting Solution 66A Tail Lamp Lighting Solution 66B 'Rear Lighting Solution 66C Ultimate Wiring Package 67U Rear -Door Handles Controls Inoperable / Locks Inoperable (without 52P) 68G Deflector Plate 176D Tail Lamp / Police Interceptor Housing Only 186T Rear View Camera (mirror display) 87R PIU Front Auxiliary Light: Red / Red ZK3 PIU Front Marker Light: Red / Red ZKB Delivery to Region 1 Reg 1 Term is Net 15 Days A.R.V. Delivery from factory to dealer is estimated at 16-20 weeks. This Quote Expires In 60 Days or final Order date, whichever comes first. Any attempt in canceling an order is subject to the manufacturers ability to cancel the order. Quantity on this Order: 1 Qty 'Your Price 'MSRP 1 $ 44,980.29 $ 1 $ 0.00 $ 1 $ 0.00 $ 1 $ 0.00 $ 1 $ 0.00 $ 1 $ 0.00 $ 1 $ 0.00 $ 1 $ 0.00 $ 1 $ 0.00 $ 1 $ 0.00 $ 1 i$ 0.00 $ 1 $ 0.00 $ 1 $ 0.00 $ 1 $ 0.00 $ 1 $ 0.00$ 1 $ 0.00 $ 1 $ 0.00 $ 1 $ 0.00 $ 1 $ 0.00 $ 1 $ 0.00 $ 1 $ 0.00 $ 1 $ 0.00$ 1 $ 0.00 $ 1 $ 0.00 $ 1 $ 0.00 $ 1 $ 0.00 $ 1 $ 110.00 $ Total Price: $ 45,090.29 Grand Total: $ 45,090.29 To place an order please sign and date this proposal and return it to Van Bortel Ford along with a valid Purchase Order, Voucher, or Letter of Intent. Thank You! Accepted By: Title Date Van Bortel Ford Inc (WBE) Federal ID 16-1609363 Salesperson: George Lunney Quote: 33570 51,175.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 110.00 https://vanbortelpilot.com/Pilot/orders_print.php 1/1 Resolution No. 2022-____ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE PURCHASE OF TWO (2) 2023 FORD POLICE INTERCEPTOR UTILITY HYBRID AWD SUV TO BE USED BY THE IRONDEQUOIT POLICE DEPARTMENT 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 September, 2022 at 7:00 pm; there were PRESENT: Rory Fitzpatrick 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 Police Department to purchase two (2) new 2023 Ford Utility Police Interceptor Utility Hybrid All Wheel Drive vehicles (the “Vehicles”); and WHEREAS, the Town is authorized to make purchases through the contract of any county within the state at the same prices and under the same terms and conditions as such county pursuant to Irondequoit Town Code 51-5(B)(4) and New York State General Municipal Law §103(3); and WHEREAS, the Police Department would like to utilize a contract with Genesee Valley to purchase two (2) new 2023 Ford Utility Police Interceptor Utility Hybrid All Wheel Drive vehicles; and WHEREAS, Genesee Valley, 1675 Interstate Drive, Avon, NY 14414, has been awarded Mini Bid# 10809; and WHEREAS, the estimated cost to purchase two (2) new 2023 Ford Utility Police Interceptor Utility Hybrid All Wheel Drive vehicles is $97,520.00; and WHEREAS, funding for this expense is available thru the American Rescue Plan Act Revenue Recovery Funding Appointment 6A2022-22 which was adopted at the June 21st, 2022 Town Board Meeting. NOW, THEREFORE, BE IT RESOLVED, that the Town Board approves the purchase two (2) new 2023 Ford Utility Police Interceptor Utility Hybrid All Wheel Drive vehicles from Genesee Valley, 1675 Interstate Drive, Avon, NY in the amount of $97,520.00; and 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 Fitzpatrick voting ______ S er<r.�. 1=: ` ' r;ffe from: 1379 OCS 2a 1,_66: Vehicles, claa--1= 10809 (2) Ford Police Interceptor Utility Hybrid - Town Of Irondequ Settings Participants Schedule Pricing sheets OLestionnaires Queston &Answer OffersJfpolicaticns A,warti >ha5c Offer t:i;ase (2) Award nq (0) C ombineO Vehicles Built to Specifications Pricing Sheet Pre Existing Vehicles Pricing Sheet Oiler Model Year v=iaY.e- Modal& -rim evei- Total iu fl ber of Vehicles - Edit Snrr "S SEipplief Rank Nee. pi -kin -7 sneer, Nueal Make Model. :- &;rr NYS ?riot ,.,exi Tntaf Pn.'ce .base Year Le Yel rP Vehida r ,f for !4n: . -du: ,-a.u es 1 `d=nrgi Fq- I,nc Veaities Built to 2523 9050 PI UTILITY :45,1_3,54 = S96,2 OE Esa!ec lc„ Spec.ications. Pr:sins 2 3) ';675 C Dun Stie 9350 POLICE ;.aS 760 2 t',97:525 Evok F.SEE :_:.o.. GE VAu Specifications iP:TSRCEPTOR ==,k-QN Sheet UTILITY internal award justification No comments Edit a war¢.justrtl6stliT Purchase order This information is required to be entered by all Authorized Users of the NYS Vehicle Marketplace. Departments and agencies MUST provide a screenshot of this "Awarding" page information when requesting a State ID from DOS Fleet Management or NYS DOT. Please enter the purchase order or other ordering document information or if no purchase order was made by clicking on "Edit purchase order" below. No a'yir3litg Nego Mark N1 uL rI n;- �D)LC metrix� Publishes Solicitations Contracts Documents My Profile Company Contact gi-cups Templates Company' 3CCoi!ilst:a1Or; f•larL Neumann t'W 1-usnn&r.nee;ur.;c.org Need heir using Negarnetrix3? JiSit our shops : pope t''_'a,id:1 ei e:e3i+a1':.Sii Tot?!: ;: 8r^user io.,d:s9lare-^c�:i..'0&i?11.90.10 -41 Genesee Valley Prepared by: Louann Cimino 1675 Interstate Drive Avon, NY 14414 Estimated Lead Time: 16 - 18 WEEKS (FACTORY TO DEALER) Phone: (585) 438-4393 MSRP $54,180.00 Discount 10.93% Base Price $48,260.00 Options Total $500.00 Price per Vehicle $48,760.00 Quantity 2 Total Price $97,520.00 Please send all purchase orders to Icimino@bobjohnsonauto.com. Please include total price and vehicle color choice. Thank you. Page 2 of 2 8/23/22, 8:58 AM Orders Tuesday August 23rd, 2022 8:58 AM Attention: Mark Neumann id4 ,,--l► 71 Marsh Rd East Rochester, NY 14445 585-586-7705 Fax 585-586-7706 Vehicle Purchase Proposal Town of Irondequoit 2629 E Ridge Rd Rochester NY 14622 Phone: 585-336-6090 Fax: 585-266-0695 Mobile: 585-301-7094 Email: mneumann@irondequoit.org Item Description 2023 Ford Utility Police Interceptor AWD Agate Black 3.3L V6 DI Hybrid Engine 10 -speed Automatic Transmission (with 99W - Hybrid) License Plate Bracket - Front Dome Lamp - Red/White in Cargo Area Global Lock / Unlock feature 100 Watt Siren/Speaker (includes bracket and pigtail) Front Warning Auxiliary Light Dark Car Feature - Courtesy lamp disable when any door is opened Police Engine Idle Feature Mirrors - Heated Sideview Remote Keyless -Entry Key FOB Pre -Wiring for grille LED lights, siren and speaker Included w/ 66A Noise Suppression Bonds (Ground Straps) Front Headlamp Lighting Solution Tail Lamp Lighting Solution Rear Lighting Solution Deflector Plate Tail Lamp / Police Interceptor Housing Only Included w/ 66B Rear View Camera (mirror display) Front Interior Windshield Warning Lights Remote Start Max Out Time (4 Fobs) Delivery to Region 1 Quantity on this Order: 2 Purchase Order: Final Order Date Yet To Be Determined Quote# 33537 23166 Mini Bid#: 10809 Code Qty Your Price iMSRP', K8A UM 1 $ 0.00 $ 99W 1 $ 0.00 $ 44B 1 $ 0.00 $ 153 1 $ 0.00 $ 17T 1 $ 0.00 $ 18D 1 $ 0.00 $ 18X 1 $ 0.00 $ 21L 1 $ 0.00 $ 43D 1 $ 0.00 $ 47A 1 $ 0.00 $ 549 1 $ 0.00 $ 55F 1 $ 0.00 $ 60A 1 $ 0.00 $ 60R 1 $ 0.00 $ 66A 1 $ 0.00 $ 66B 1 $ 0.00 $ 66C 1 $ 0.00 $ 76D 1 $ 0.00 $ 86T 1 $ 0.00 $ 87R 1 $ 0.00 $ 96W 1 $ 0.00 $ 1 $ 450.00 $ Reg 1 1 $ 110.00 $ Total Price: $ 48,123.54 i Grand Total: $ 96,247.081 1 $ 47,563.54 $ 53,620.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 i 0.00 0.00 0.00 0.00 110.00 Current Lead Time is 18-20 Weeks. To place an order please sign and date this proposal and return it to Van Bortel Ford along with a valid Purchase Order, Voucher, or Letter of Intent. Thank You! Accepted By: Title Date Van Bortel Ford Inc (WBE) Federal ID 16-1609363 Salesperson: George Lunney Quote: 33537 https://vanbortelpilot.com/Pilot/orders_print.php 1/1 Genesee Valley Prepared by: Louann Cimino 1675 Interstate Drive Avon, NY 14414 Quote # 1114 Prepared for: TOWN OF IRONDEQUOIT Contact Person: Mark Neumann Phone: 585-301-7094 Email: mneumann@irondequoit.org Factory Options Phone: (585) 438-4393 2023 FORD POLICE INTERCEPTOR UTILITY AWD (K8A) UM -AGATE BLACK Contract # PC69260 Item # 10809 153 FRONT LICENSE PLATE BRACKET 17T CARGO DOME LAMP 18D GLOBAL LOCK/UNLOCK 18X 100 WATT SIREN 21L FRONT AUXILIARY LIGHT 43D COURTESY LAMP DISABLE 44B TRANSMISSION: 10 SPEED MOD HYBRID 47A ENGINE IDLE 549 POWER MIRROR HEATED 55F REMOTE KEYLESS ENTRY KEY FOB (4) 60R NOISE SUPPRESION BONDS 66A FRONT HEADLAMP PACKAGE W/GRILL WIRING 66B TAIL LAMP PACKAGE 66C REAR LIGHT PACKAGE 67U ULTIMATE WIRING KIT 76D DEFLECTOR PLATE 86T REAR TAILLAMP HOUSING 87R REAR VIEW MIRROR/CAMERA 96 CLOTH BUCKETS/VINYL REAR SEATS EBONY 96W FRONT VISOR LIGHT 99W 3.3L V6 DIRECT -INJECTION HYBRID ENGINE Aftermarket Options RMT REMOTE START Created 8/23/22 Issued 8/23/22 Expires 9/22/22 MSRP Discount Net Total of Factory Options MSRP Discount Installation $500.00 0.00% $0.00 Total of Aftermarket Options Net $500.00 $500.00 Page 1 of 2 2023 Police Interceptor Utility (AWD) Specifications Request for Bid Model: 2023 K8A - Ford Police Interceptor Utility (AWD) - 99W/44B 3.3 Hybrid, with 10 - speed automatic transmission. Blue tooth compatible. Paint: UM - Agate Black Interior: Charcoal Black Wheels STDWL Options: 153 — Front License Plate Bracket 43D - Dark car feature 17T - Dome light — Red/white 21L - Front warning auxiliary lamps 96W — Front interior visor light bar 76D — Underbody deflector plate 87R - Rear view camera 18D — Global lock 55F — Remote keyless fob (X4) 549 - Heated side view mirrors 47A — Police engine idle feature 60R - Noise -suppression bonds 18X — 100 Watt siren/Speaker with bracket Remote Start Packages: 66A — Front headlamp lighting solution 66B — Tail lamp lighting solution 66C — Rear lighting solution 67U — Ultimate wiring package Resolution No. 2022_______ EXTRACT OF MINUTES OF MEETING OF TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO A CONTRACT FOR ELECTRICAL STAKE OUT SERVICES 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 September, 2022 at 7:00 p.m. local time; there were PRESENT: Rory Fitzpatrick 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. 2021-065, the Town Board authorized the Town Supervisor to enter into agreements with the Power Authority of the State of New York (“NYPA”) to assist the Town in performing preliminary development, design, and bidding work for a project to purchase streetlighting from Rochester Gas and Electric Corporation; and WHEREAS, the Town recently purchased streetlights; and WHEREAS, there may be occasions throughout the year that the Department of Public Works will need to determine where an underground electrical line runs. This determination is typically performed by contacting a company to properly stake out where such electric line is located; and WHEREAS, pursuant to the requirement of Section 51-10 of the Irondequoit Town Code, the Town obtained three (3) written quotes offering electrical stake out services; and WHEREAS, the lowest responsible quote was received from USIC Locating Services, LLC in the amount of $15 per regular request with an estimated use of 300 times per year based on service requests for the last seven months; and WHEREAS, a copy of the proposed contract is attached as exhibit “A”. WHEREAS, funding for these services will be available in account #001.5182.4120. NOW, THEREFORE BE IT RESOLVED, the Town Board approves the request for electrical stake out services with USIC Locating Services, LLC for the Town of Irondequoit. 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 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 ___ _________ Supervisor Fitzpatrick voting _____________ Exhibit “A” FACILITIES LOCATING AND MARKING SERVICE CONTRACT THIS CONTRACT (“Contract”) is entered into as of September 12, 2022, and is by and between USIC Locating Services, LLC, an Indiana limited liability company, (USIC), and «Town of Irondequoit, NY» (Customer), each individually a party, and collectively, the parties. BACKGROUND A. Customer owns and operates Facilities in the geographic area described on Exhibit A to this Contract. B. Customer desires to have USIC provide the necessary labor and equipment to provide certain services relative to locating and marking Customer’s Facilities listed in Exhibit A. CONTRACT Based on the Background set forth above and in consideration of the mutual covenants, terms and conditions set forth below, USIC and Customer agree as follows: 1. Definitions. In addition to the terms defined above the following capitalized terms when used in this Contract shall have the following meanings: 1.1 Advanced Locate Service means conductive, inductive, and map-based measurement locating methods which may include hand digging and/or vacuum excavation to accurately complete a Locate. 1.2 Annual Contract Value means the aggregate of the last twelve months’ Contract revenue. 1.3 Atypical Condition (AC) means any unusual condition, exigency, or occurrence at a given worksite that requires USIC’s use of extra resources (including but not limited to Telecommunication Vault or Manhole Entry, Unlocatable Facilities, Work Zone Protection aka “Temporary Traffic Control Services” or “Flaggers”, labor, time, and equipment) outside of those routinely expended by USIC to accurately and safely complete a Locate. 1.4 Contract Year means the 365 (366 if period includes February during a leap year) days beginning with the date this Contract begins and the anniversary date each year after. 1.5 Customer’s Facilities means any Facilities owned or operated by Customer. 1.6 Damage Investigation Fee means the fee charged to Customer when chargeable pursuant to this Contract, for a damage investigation performed by USIC (to include Site photographs, measurements and/or other applicable forensic data). 1.7 Damage to Customer’s Facilities means the penetration or destruction of any protective coating, sheath, housing or other protective facility of underground plant, the partial or complete severance of underground plant, or the rendering of any underground plant partially or completely inoperable. 1.8 Digital Locating means the process by which a Locate is completed using maps, records, historical Ticket records, Locate technician expertise, and other industry knowledge to positively respond to a Ticket without Visual Examination. 1.9 Emergency Normal Hours Locate means a request for a Locate that arises from a condition that threatens life, health, or property as defined by applicable state law and are transmitted during USIC’s normal, non-holiday business hours Monday through Friday (7:00 am – 5:00 pm). 1.10 Emergency After Hours Locate means a request for a Locate that arises from a condition as defined by applicable state law and One Call Center ticket types and is transmitted on weekends, weekdays, and holidays, as defined by appliable federal and state statute and/or One Call Center holidays, outside of the USIC’s normal business hours (7:00 am – 5:00 pm). «Contract_Name» Contract #: «USIC_Contract_Number» Version 4.0 Revised 06/27/22 2 1.11 Excavator(s) means any person or entity which engages directly in excavation. 1.12 Facility(ies) means any item used in connection with the storage or conveyance of water, sewage, electronic telephonic or telegraphic communications, cablevision, electric energy, petroleum products, gas, gaseous vapors, Hazardous Materials or other substances including, but not limited to, pipes, sewers, conduits, cables, valves, lines, wires, manholes, attachments and those parts of poles or anchors, either above or below ground. 1.13 Gridding means the geographic boundary area identified by Customer and the One Call Center and provided to the applicable state One Call Center which is used to determine whether a request for Locate will generate a Ticket for Customer after receipt of an Excavator’s notification of intent to excavate (i.e., receipt of a Locate Ticket). 1.14 Hazardous Materials means any toxic or hazardous substance, hazardous material, dangerous or hazardous waste, dangerous good, radioactive material, petroleum or petroleum-derived products or by- products, or any other chemical, substance, material or emission, that is regulated, listed or controlled pursuant to any national, state, provincial, or local law, statute, ordinance, directive, regulation or other legal requirement of the United States (“U.S.”) or the country of the Site. 1.15 Interruption of Service means an interruption in the services provided by Customer to its customers arising from a Damage to Customer’s Facilities. 1.16 Locatable Facilities means Customer’s Facilities that can be located with Reasonable Accuracy by using devices designed to respond to the presence of Customer’s Facilities, together with records and facility prints, drawings, and maps of sufficient accuracy, but shall specifically not include Unidentifiable Facilities and Unlocatable/Untonable Facilities. 1.17 Locate(s) means the process of providing Locate Services in response to an Excavator’s notice of intent to excavate, and such Locate Services provided by USIC in accordance with this Contract. As used in this Contract, Locate(s) include(s) “Project Locate”, as defined herein after, where applicable in accordance with the definition of “Project Locate” hereunder. 1.18 Locate Service(s) means the services, of any type of ticket, to be provided by USIC under this Contract consisting of the process of verifying if Customer’s Facilities are present at a location where an Excavator intends to or conducts excavation; when applicable, detection of Customer’s Facilities through the use of electronic locating equipment; and, when applicable, Marking to identify the existence and location of Customer’s Facilities. 1.19 Locator At Fault Damage means Damage to Customer’s Facilities caused by an Excavator that occurs as a direct result of USIC not performing the Locate with Reasonable Accuracy. Locator At Fault Damage does not include alleged Damage to Customer’s Facilities arising from USIC’s late or untimely Locates that were performed with Reasonable Accuracy prior to the damage occurring. 1.20 Locator Not At Fault Damage means Damage to Customer’s Facilities caused by an Excavator or other third party that occurs for any other reason other than USIC not performing the Locate with Reasonable Accuracy. 1.21 Marking(ed)(ing) means the use of stakes and flags, paint or other clearly identifiable materials at appropriately distanced intervals and at each divergence from a straight line in accordance with the current marking standards of the American Public Works Association. 1.22 One Call Center or 811 means each state’s Ticket issuing system for all excavation notices. 1.23 Positive Response is an 811 notification that communicates to facility owners and operators, and Excavators the status of dig/excavation notices issued by 811. «Contract_Name» Contract #: «USIC_Contract_Number» Version 4.0 Revised 06/27/22 3 1.24 Project Locate or Long Scope Ticket(s) is any Locate that, for any reason, requires USIC technicians to spend more than thirty (30) minutes to execute the Locate Services requested by the subject Ticket. Project Locate or Long Scope Ticket(s) time is tracked using USIC’s system thresholds and may include any Ticket type (including but not limited to Tickets designated as routine, normal, and/or emergency). Any portion or increment of work above a time threshold shall be rounded up to the next whole unit. 1.25 Reasonable Accuracy means the placement of appropriate Markings within the applicable state’s tolerance zone. 1.26 Repair Costs means the actual costs incurred by Customer to repair Damage to Customer’s Facilities arising from Locator At Fault Damages (so long as Customer’s actual costs are reasonable and customary), subject to the exclusions below. “Repair Costs” is equal to only the reasonable and customary value of the actual labor, equipment, and material costs incurred by Customer to repair the Damage to Customer’s Facilities as supported by actual invoice and/or receipts for work completed by each repair contractor. This shall include reasonable and customary costs incurred by Customer’s in- house labor and third-party contractor(s), where an itemized breakdown for all parties included in the repair is submitted. Repair Costs specifically excludes, except where prohibited by law: administrative charges; third party administrative (“TPA”) fees; overhead charges; costs arising from betterment of plant (which shall include, among other things, any upgrade, improvement, reinforcement, enlargement, replacement or extension of Customer’s Facilities); invoice markups (whether percentage-based, fixed- amount, or otherwise-calculated ; costs arising out of collection actions, whether incurred by the Customer or collection agencies; any other costs or expenses excluded by Section 7 of this Contract or any other provision of this Contract. USIC reserves the right to dispute the reasonableness of any of Customer’s actual costs; in the event of such a dispute the parties shall attempt to resolve such dispute in accordance with Section 12. 1.27 Site means the premises where Locate Services are performed, and Customer has ownership or exercises control. 1.28 Telecommunications Vault or Manhole Entry, as stated 29 CFR 1910.269(x), is defined as an “enclosed space” or as a working space, such as a manhole, vault, tunnel, or shaft, that has limited means of egress or entry, that is designed for periodic employee entry under normal conditions, and that does not contain a hazardous atmosphere, but that may contain a hazardous atmosphere under abnormal conditions. “Manhole vaults” are confined spaces where a person’s entire body can enter as opposed to “handhole vaults” where a person can reach in only. 1.29 Third Party Claims means any claims for losses, fines, penalties, damages, costs, fees, or expenses made by a person or entity not a party to this Contract arising from or related to Damages to Customer’s Facilities, including but not limited to, claims as a result of (a) injury to or death of any person, or (b) damage to or loss or destruction of any property. 1.30 Ticket(s) means the document generated at and transmitted by the One Call Center to USIC containing each request for Locate. 1.31 Unidentifiable Facilities means Customer’s Facilities that are not apparent at the Site as based on the records, facility prints, drawings, or maps provided by Customer. 1.32 Unlocatable/Untonable Facilities, means Customer’s Facilities, including abandoned Facilities, whose presence is known either from records provided by Customer or from a Visual Examination, but which cannot be Marked with Reasonable Accuracy by employing standard Locate Services, typically consisting of using one conductive hook up point on either side of the Facility being targeted for Locating. 1.33 Visual Examination means an attempt to determine the existence of Customer’s Facilities at an excavation site by a reasonable visual inspection of the dig site rather than from Customer’s maps and records. «Contract_Name» Contract #: «USIC_Contract_Number» Version 4.0 Revised 06/27/22 4 1.34 Watch and Protect means to oversee Customer’s Facilities during unusual or extensive excavation projects (i.e. road widening projects, sewer projects, etc.) and providing appropriate Locate Services as may be dictated by the nature and scope of the excavations. Service requires preauthorization or prior agreement by the parties regarding criteria to be applied. 1.35 White-Lining means the Excavator designates the route and/or area to be excavated using white pre- marking either onsite or electronically (when available through the One Call Center), prior to or during the request for the Locate. The route of the excavation is marked with white paint, flags, stakes, lines, polygons, or a combination of these to outline the dig site prior to or during notification to the One Call Center and before the Locate technician arrives on the job. 1.36 Work Zone Protection means the activities necessary by USIC to achieve compliance with federal, state, county, and local laws for the safety of motorists and USIC workers alike. This includes but is not limited to following the rules prescribed by the Manual on Uniform Traffic Control Devices (MUTCD) and contracting services to achieve Temporary Traffic Control commonly referred to as “Flaggers.” 2. Responsibilities of USIC 2.1 USIC shall furnish all labor, materials (except maps, prints, and records to be provided by Customer under Section 3), and equipment necessary to perform Locate Services including Locates, Project Locates or Long Scope Ticket(s), Emergency Normal Hours Locate, Watch and Protect, and Emergency After Hours Locate for Customer within the Contract service area detailed in Exhibit A. All Ticket transmittals to USIC shall come directly from each state’s One Call Center for the service area detailed in Exhibit A. 2.2 Upon receipt of a request for a Locate Services, USIC will assess whether a conflict exists between the Customer’s Facilities and the proposed excavation Site based on the maps, prints, and records provided by the Customer (commonly called Digital Locating). In its discretion, USIC may perform a Visual Inspection for any Locate request, but USIC is not required to do so if Customer’s maps, prints, and records indicate that there is no conflict between Customer’s Facilities and the excavation Site. 2.3 If USIC determines that Customer Facilities are present at the excavation Site, USIC will Mark Customer’s Facilities at the Site, except for Unlocatable/Untonable Facilities and send Positive Response documentation that may consist of photographs, drawings, or notes. Photographs shall only be required in situations where taking photographs are permitted by law. 2.4 If USIC determines that Customer’s Facilities are not present at the excavation Site, USIC will mark the site or note in the Ticket response that Customer’s Facilities are not present or in conflict with the proposed excavation site. 2.5 Customer agrees that USIC will have the right to screen Tickets via maps, prints, records, and other technology which eliminates the requirement for a Visual Examination, or an in-person visit to the Site. Customer also agrees that USIC will not be liable for any damages that occur because of incomplete and/or inaccurate maps, prints, or records provided by Customer. 2.6 In the event USIC recognizes that there are Unlocatable/Untonable Facilities at the excavation site, Customer will be responsible for determining what course of action should be followed to assure that the Unlocatable/Untonable Facilities are not damaged by Excavator. USIC will not be liable for any damages associated with an Unlocatable/Untonable Facility. If any Atypical Condition (AC) is found at the excavation site and USIC is aware of the Atypical Condition, USIC shall notify Customer, and USIC shall employ Advanced Locate Services or other procedures described in Section 1.1 at direction of Customer and with additional pricing when necessary. 2.7 Any maps and records furnished by Customer as required by the Contract shall remain the property of Customer. USIC agrees to return or destroy all copies of such maps and records to Customer upon Customer’s written request or at the termination of this Contract. This obligation of confidentially shall survive the termination of this Contract for a period of five (5) years. All customers maps and records «Contract_Name» Contract #: «USIC_Contract_Number» Version 4.0 Revised 06/27/22 5 shall be kept confidential by USIC unless 1) such maps and records were previously known to USIC free of any obligation to keep them confidential; 2) such maps and records are given to USIC by a third party not obligated to keep them confidential; 3) such maps and records become public without any act or omission of USIC; or 4) otherwise, as required by law. 2.8 USIC shall perform the Locate Services as an independent contractor and as such, USIC has the right to exercise control and supervision of the work and full control over the employment, direction, compensation and discharge of all persons assisting it in performing the Locate Services. Further, USIC agrees that it will be solely responsible for the payment of its employees and for the payment of all federal, state, county and municipal taxes and contributions pertaining thereto. 2.9 USIC shall comply with the provisions of all applicable permits and licenses relative to the Locate Services to be performed hereunder. 3. Responsibilities of Customer 3.1 Customer agrees not to suppress or screen any Tickets in the areas where USIC will provide Locate Services as defined in Exhibit A that would otherwise come to USIC from the state One Call Center. All Customer Tickets shall be transmitted directly to USIC from the state One Call Center. 3.2 Customer shall not change existing Gridding such that the volume of Tickets received by USIC is reduced with the applicable state One Call Center on or after the Contract effective date. 3.3 Customer agrees to provide USIC with updates (at least monthly, or more often as needed) to its prints, maps, and any other Facility location records in a standard GIS/ESRI format (.shp, .mdb, or .gdb) with proposed Facility layers, if available, and One Call Center Ticket information (One Call Center format for the applicable state) via e-mail or web services to USIC’s Ticket management system, so as to permit USIC to provide the Locate Services. Customer acknowledges that it is Customer’s responsibility to keep all applicable maps, records, and prints up-to-date and provide such mapping and records to USIC in a timely manner via a secure customer portal provided by USIC or Secure File Transfer Protocol (SFTP). USIC bears no liability for Customer’s failure to provide accurate maps, records, and/or prints, or any damage which arises from incomplete and/or inaccurate maps, records, and/or prints. 3.4 Customer agrees that it will reasonably cooperate with USIC regarding receipt and resolution of Third- Party Claims, which cooperation shall include but not be limited to reasonable information sharing. 3.5 Customer will pay USIC for the Locate Services in accordance with the charges set forth on Exhibit A. USIC shall bill for all Tickets received from each state’s One Call Center, on behalf of Customer. USIC will not be responsible for the accuracy, updates to or the completeness of the definition of the Contract service area that Customer has provided to the state’s One Call Center. 3.6 Customer agrees to provide USIC with all state-issued 811 codes (“CDC codes”) and a comprehensive Customer point of contact list within twenty-four (24) hours of Contract execution. 3.7 Customer recognizes White-Lining as a best practice for safe excavations. Customer agrees to use its best efforts to promote proper “White-Lining” by Excavators. 3.8 For Locates involving subsurface electric transmission of voltages greater than 33kV: (1) Customer will provide a qualified electric worker to identify the utility locating equipment connection point(s), via Customer’s transmission engineering and system expertise; (2) Customer will make the connection(s) safely without requiring entry inside the Minimum Approach Distance for such hazards; and (3) Markings will be provided outside the Minimum Approach Distance which shall be defined in OSHA’s standard for Electric Power Generation, Transmission and Distribution. The Locate may require the Customer to make multiple connections to safely reach the full scope of the Ticket. Customer will be notified via the Positive Response in the Ticket system of any Locates with an electric transmission line on the Site and once the Marking is complete. «Contract_Name» Contract #: «USIC_Contract_Number» Version 4.0 Revised 06/27/22 6 4. Invoicing and Payment Terms 4.1 USIC will remit monthly invoices to Customer via an email address or uploaded to a required Customer portal specified by Customer. In the states of Maine, Nevada, New Mexico, Ohio, Oregon, South Dakota, and Washington, and/or as otherwise may arise from state or federal taxing authorities from time to time, USIC shall invoice the Customer for the following applicable taxes levied on USIC: 4.1.1 Sales Tax 4.1.2 Use Tax 4.1.3 Services Provider Tax 4.1.4 Value Added Tax 4.1.5 Gross Receipts Tax 4.1.6 Commercial Activities Tax 4.1.7 Business Tax 4.1.8 Occupation Tax 4.1.9 Or similarly constructed state or local taxation 4.2 All amounts payable under this Contract shall be paid on a net thirty (30) days basis, following the date of invoice. In the event Customer disputes any portion of an invoice received from USIC, Customer shall provide written notice to USIC no less than fifteen (15) days before the invoice is due. If USIC cannot correct the invoice prior to the due date, Customer shall pay all undisputed charges in accordance with Section 4.2. If proper and sufficient notice of a dispute is not given to USIC, Customer shall pay the entire invoice and proceed with dispute resolution in Section 12. 4.3 For any payment that is not timely paid pursuant to Section 4.2: (a) an initial 3% late payment fee will be assessed; and (b) interest will accrue at a rate of 1.5% per month. Should USIC have to pursue collection actions or retain counsel to pursue payment, USIC will invoice Customer for all such costs and Customer is responsible for payment. 4.4 If Customer fails to pay any invoice pursuant to the payment terms set out in this section, USIC may give written notice describing such breach (“Notice of Default”). If the breach set forth in the Notice of Default is not curable or if the Customer fails to pay USIC’s invoices within ten (10) days following receipt of the Notice of Default, USIC shall have the right and option to immediately terminate this Contract pursuant to Section 5, in addition to all the other rights and remedies available to the non-breaching party under this Contract and at law and in equity. 4.5 If Customer fails to pay any Invoice according to the provisions of this Contract and (a) such failure continues for a period of ten (10) days following Customer’s receipt of a Notice of Default from USIC or (b) USIC has reasonable grounds for insecurity regarding the performance by Customer of any obligation under this Contract, then USIC, by delivery of written notice to Customer, may demand Adequate Assurance by Customer. “Adequate Assurance” means, at the option of Customer, (i) advance payment in cash by Customer to USIC for Locate Services or (ii) delivery to USIC by Customer of a letter of credit in an amount equal to not less than the aggregate amounts owed from Customer to USIC hereunder for the prior two-month period. If Customer fails to provide Adequate Assurance to USIC within 72 hours of USIC’s request, USIC shall have the right to, at its sole option, (i) renegotiate payment terms under the Contract; (ii) terminate this Contract upon written notice to Customer, and/or (iii) suspend or reduce all Locate Services under this Contract without prior notice to Customer, in each case, without limiting any other rights or remedies available to USIC under this Contract or otherwise. If USIC exercises the right to terminate this Contract or suspend or reduce any Locate Services, then Customer shall not be entitled to take, or cause to be taken, any action hereunder or otherwise against USIC for such termination, suspension, or reduction. 4.6 In the event Customer claims to be owed money from USIC pursuant to Section 6 of this Contract or for any other reason, such disputes shall be handled independently in accordance with Section 12, and Customer shall have no right to withhold, setoff, or otherwise reduce the amounts due to USIC for Locate Services under Section 4. 5. Term, Termination, Changes and Exclusive Nature of Contract «Contract_Name» Contract #: «USIC_Contract_Number» Version 4.0 Revised 06/27/22 7 5.1 This Contract shall be effective as of «October 3, 2022», and continue for a period of <CONTRACT LENGTH (Formatted i.e. one (1)><YEAR(S)> = one (1) year), with automatic renewal for consecutive periods of one (1) year on each expiration date, unless sooner terminated pursuant to Section 5.3. 5.2 Customer shall use USIC as its exclusive provider of Locate Services within the service area as identified in Exhibit A. 5.3 Either party to this Contract may terminate this Contract for convenience upon sixty (60) days’ prior written notice to the other. Upon such termination, Customer shall only be liable for payment for any tickets transmitted to USIC through the effective date of termination. If Customer fails to provide the required sixty (60) day notice under this provision, Customer will pay USIC an amount equal to 60 days average billing as calculated based on the twelve-month period immediately preceding the termination [or such shorter period if the Contract has been in effect for less than twelve (12) months], which the parties agree is a reasonable estimate of the damages to be incurred by USIC as a result of Customer’s termination without notice. This provision is not intended to and shall not eliminate or reduce any other remedies to which USIC may be entitled, all of which are reserved. 5.4 Without prejudice to any other right or remedy USIC may have under this Contract, at law and/or in equity, USIC may terminate this Contract effective immediately upon providing written notice of such termination to Customer, in the event of the occurrence of any of the following: 5.4.1 insolvency of Customer; 5.4.2 filing of a voluntary petition in bankruptcy by Customer; 5.4.3 filing of an involuntary petition in bankruptcy against Customer; 5.4.4 appointment of a receiver or trustee for Customer; 5.4.5 execution by Customer of an assignment or any general assignment (other than an assignment undertaken in connection with a financing) for the benefit of creditors; 5.4.6 commencement of any legal proceeding against Customer that, in USIC's opinion, may interfere with USIC's ability to perform in accordance with the Contract; 5.4.7 Customer consolidates with, or merges with or into, or transfers all or substantially all of its assets to, another entity and/or sells, assigns or otherwise transfers the Contract; in each case without USIC's advance written consent; or 5.4.8. Failure by Customer to timely cure any breach for which Customer has received a Notice of Breach under Section 4. 6. Investigations of Damage to Customer’s Facilities 6.1 Should Customer become aware of any Damage to Customer’s Facilities that occurs after USIC has been asked to perform a Locate for Customer, the Customer shall as promptly as possible, and not later than twelve (12) hours from becoming aware of the damage, notify USIC. This notification must be made by calling USIC at 1-800-778-9140 or sending an email to USICDispatch@usicllc.com and should include the street address of the damage location, damage date and size/type of facility. Both parties to this Contract reserve the right and shall be entitled to investigate any reports of Damage to Customer’s Facilities. Any such phone or email notification by Customer, Excavator, Third-Party Administrator, or any other party shall commence USIC’s damage investigation process. Upon USIC’s request, Customer will provide list of contacts by division for claims of Damage to Company’s Facilities. 6.2 USIC will investigate all incidents of Damage to Customer’s Facilities for which it has been notified and provide, a written report of its findings to Customer via the Customer portal. Such report will contain USIC’s determination as to whether the Damage to Customer’s Facilities constitutes a Locator At Fault Damage or a Locator Not At Fault Damage. Customer shall have thirty (30) days after notification of USIC’s completion of the investigation to contest USIC’s conclusion. Unless Customer notifies USIC in writing within such time period that it disputes USIC’s conclusion as to a Locator At Fault Damage, USIC’s conclusion with regard to that issue shall be deemed final and binding with respect to this Contract. If Customer disputes USIC’s conclusion, the parties will make all reasonable efforts to mutually resolve such dispute and if they cannot, such dispute will be resolved in accordance with Section 12. «Contract_Name» Contract #: «USIC_Contract_Number» Version 4.0 Revised 06/27/22 8 6.3 All potential Damage to Customer’s Facilities shall be investigated, and USIC shall be entitled to collect a Damage Investigation Fee for each such investigation it performs unless: (1) it is determined by USIC’s investigation that the damage was Locator At Fault Damage; or (2) the parties ultimately agree that the damage was Locator At Fault Damage. USIC shall be entitled to collect a Damage Investigation Fee from Customer regardless of how USIC receives notice of the Damage to Customer’s Facilities. 6.4 Customer agrees that if: (1) Customer fails to timely notify USIC as required by Section 6 of any Damage to Customer’s Facilities; or (2) if damage is repaired or site is covered before USIC can conduct a timely investigation with full access to damage site, then USIC shall not be liable to Customer for any Repair Costs or any other liabilities arising from that Damage to Customers’ Facilities, and Customer shall indemnify USIC against Third Party Claims as applicable, in accordance with Section 7. In such situation, Customer hereby agrees that it is prohibited from asserting that any such Damage to Customer’s Facilities constitutes a Locator At Fault Damage. 6.5 When damages are determined to be Locator At Fault Damage, Customer agrees that USIC will be invoiced for Repair Costs only with supporting documentation provided with the invoice. 6.6 USIC will be responsible for paying Customer’s Repair Costs for any Damage to Customer’s Facilities only if: (1) USIC received a request to provide Locate Services with respect to a Customer’s Facilities at the location of the damage; (2) the Damage to Customer’s Facilities constitutes a Locator At Fault Damage; and (3) Customer sends USIC an invoice as required herein. 6.7 Customer agrees to provide any supporting documentation and detail requested by USIC that relates to Damage to Customer’s Facilities for which Customer submits an invoice to USIC. If Customer does not provide USIC with all requested documentation and detail within six (6) months of invoicing USIC for such damages, USIC shall have no further obligation to participate in the pre-litigation and/or pre-arbitration portions of the Dispute Resolution of Section 12. This provision does not preclude Customer from seeking remedies in arbitration or in a court of competent jurisdiction, as applicable. 6.8 If Customer fails to present an invoice to USIC for any Damage to Customer’s Facilities within twelve (12) months of the date Customer notifies USIC of the damage pursuant to Section 6.1, Customer irrevocably waives and releases any right to seek or demand payment from USIC for such damages. 6.9 To the extent permitted by law and to the extent of and directly corresponding to the Locate Services and related to the accuracy or timeliness of Locate penalties, USIC shall be entitled to participate in any investigation or appeal by any administrative, regulatory, or other governing authority involving any Damage to Customer’s Facilities, and Customer shall make any and all reasonable accommodations to allow USIC to do so. Should any administrative, regulatory, or other governing authority impose a penalty or fine, USIC shall reimburse the Customer to the proportion and extent of its fault for such penalties or fines upon receiving an invoice from the Customer. 7. Limitation of Liability and Indemnification 7.1 REPAIR COSTS PAYABLE BY USIC SHALL NOT EXCEED «$500» FOR ANY SINGLE INCIDENT OR OCCURRENCE OF DAMAGE TO CUSTOMER’S FACILITIES, REGARDLESS OF THE ALLEGED CAUSE OF THE DAMAGE, REGARDLESS OF THE NUMBER OF FACILITIES DAMAGED IN THE INCIDENT, AND REGARDLESS OF THE ALLEGED SCOPE OR AMOUNT OF THE DAMAGES. THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS PROVISION IS NOT INTENDED TO EXPAND OR OTHERWISE IMPOSE LIABILITY ON USIC BUT, RATHER, IS INTENDED TO BE AN ABSOLUTE LIMIT ON USIC’S LIABILITY TO CUSTOMER FOR ANY INCIDENT INVOLVING DAMAGE TO CUSTOMER’S FACILITIES, REGARDLESS OF CAUSE. 7.2 USIC’S TOTAL LIABILITY TO CUSTOMER UNDER THIS CONTRACT SHALL NOT EXCEED ONE TIMES THE ANNUAL CONTRACT VALUE DETERMINED BY TRAILING TWELVE-MONTH PERIOD. 7.3 If Damage to Customer’s Facilities is not Locator At Fault Damage or if Customer’s Facilities are Unidentifiable Facilities or Unlocatable/Untonable Facilities, USIC’s only responsibility will be to provide «Contract_Name» Contract #: «USIC_Contract_Number» Version 4.0 Revised 06/27/22 9 whatever support to Customer it can reasonably provide to establish whether the Excavator or another third party is liable for such Damage to Customer’s Facilities. If USIC provides such support at the request of Customer or any representative of Customer (including but not limited to informal requests for assistance and formal litigation requests including document and testimony subpoenas from Customer’s attorneys or third party claims administrators): (1) such support shall be provided by USIC at no additional cost of Customer has already paid a Damage Investigation Fee related to the incident; (2) Customer shall be invoiced for and agrees to pay a Damage Investigation Fee if one has not already been paid relating to the incident. 7.4 Customer agrees not to add USIC as a defendant or otherwise as a party to any litigation or arbitration Customer is pursuing against an Excavator or any other third party for any Damage to Customer’s Facilities that was not, prior to initiation of such proceeding, to be a Locator At Fault Damage in accordance with this Contract. If Customer violates this provision and adds USIC in any such proceeding, Customer agrees that this provision gives USIC the right to the seek immediate dismissal from such proceeding. 7.5 To the fullest extent compliant with applicable law, USIC shall not be liable for loss of profit or revenues, loss of use of equipment or systems, Interruption of Service, cost of replacement power, cost of capital, downtime costs, increased operating costs, administrative costs including TPA fees, and any special, consequential, incidental, indirect or punitive damages. 7.6 Each Customer and USIC (as an “Indemnifying Party”) shall defend and indemnify the other party (as an “Indemnified Party”) from and against claims brought by a third party, on account of personal injury or damage to the third party’s tangible property, only to the extent caused by the fault of the Indemnifying Party in connection with this Contract. In the event the injury or damage is caused by joint negligence, concurrent negligence, or otherwise by the fault of both Customer and USIC, the loss or expense shall be borne by each party in proportion to its degree of fault. The Indemnifying Party may retain counsel of its choosing, at its own expense. The Indemnified Party may retain separate or additional counsel as well, but cost of such counsel shall be borne by the Indemnified Party. USIC has no obligation to defend or not indemnify Customer for Third Party Claims resulting from Damages that are not caused by USIC’s negligence fault nor shall USIC be required to defend or indemnify Customer for damages or Third Party Claims relating to Unidentifiable Facilities, Unlocatable/Untonable Facilities or Third Party Claims that arise from the sole or partial fault, negligence, or willful misconduct of Customer, its agents or employees. Any party seeking defense and/or indemnity under this Section must provide notice to the other party as promptly as possible upon becoming aware of the incident for which defense and/or indemnity is being sought; failure to prompt notice waives the party’s right to be an Indemnified Party under this Contract. 8. Price Revisions 8.1 At the beginning of each Contract Year subsequent to the first Contract Year, the charges for Locate Services set forth on Exhibit A shall be increased annually by «6»%. 8.2 Fuel Surcharge 8.2.1 USIC will assess and invoice a monthly fuel surcharge per the schedule below, measured each calendar month. The Average Fuel Price per Gallon will be based on “U.S. Regular All Formulations Retail Gasoline Prices” (Monthly View) at https://www.eia.gov/dnav/pet/hist/LeafHandler.ashx?n=PET&s=EMM_EPMR_PTE_NUS_DPG&f =M. The corresponding surcharge amount will be multiplied by the quantity of billed Tickets (“Initial Charges” only, defined hereinafter) in the month. For example, if the average fuel price per gallon for a given month warranted a fuel surcharge, USIC would invoice the respective fuel surcharge against billable Tickets for that same month (1,000 Billable Tickets X $0.30 Fuel Surcharge = $300 total). [Column 1 to be adjusted prior to execution] «Contract_Name» Contract #: «USIC_Contract_Number» Version 4.0 Revised 06/27/22 10 Average Fuel Price per Gallon Fuel Surcharge per Billed Ticket (Initial Charges) <$3.000 No Surcharge $3.000 - $3.499 $0.15 $3.500 - $3.999 $0.30 $4.000 - $4.499 $0.45 $4.500 - $4.999 $0.60 $5.000 - $5.499 $0.75 $5.500 - $5.999 $0.90 For each additional $0.50 tier Add $0.15 from previous tier’s surcharge amount 8.2.2 “Initial Charges” include but are not limited to Per Ticket, Emergency Normal Hours, Emergency After Hours, etc. Fuel surcharges will not be applied to incremental billed units that result from extended time spent on a Ticket. 8.2.3 If surcharges are assessed, USIC reserves the right to include the fuel surcharges on a customer’s standard invoice or on a separate invoice in a period following the close of the month. 8.2.4 Standard payment terms apply to stand-alone fuel surcharge invoices. 8.3 Labor Escalation 8.3.1 USIC will assess supplemental annual price increases (combined with standard annual price increases) related to the cost of labor per the U.S. Bureau of Labor Statistics Employment Cost Index: Total Compensation for Private Industry Workers in Service Occupations. If the annual percent change for the labor index reaches 3.5% (index average from 2018 – 2020 was 3.5%), then USIC will assess an additional price increase per the table below. Average Change from Prior Year (%) Additional Price Increase <3.50% No Additional Price Increase 3.50% - 4.49% 0.60% 4.50% - 5.49% 1.20% 5.50% - 6.49% 1.80% 6.50% - 7.49% 2.40% 7.50% - 8.49% 3.00% 8.50% - 9.49% 3.60% For each additional 1% tier Add 0.60% from previous tier’s increase 8.3.2 USIC will use the most recent 4 quarters available at the contract renewal date. 8.3.3 To calculate the Average Change from Prior Year (%): a. Go to https://fred.stlouisfed.org/series/CIU2010000300000I b. Click Edit Graph c. Change Units to “Percent Change from a Year Ago” d. Change Modify frequency to “Quarterly” e. Close sidebar f. Click Download and choose Excel g. Average 4 most recent quarters Example: 2021 Average = 5.48% 1. 2021 Q1: 3.94% 2. 2021 Q2: 4.82% 3. 2021 Q3: 6.10% 4. 2021 Q4: 7.07% 8.3.4 In the example where the labor index average increase was 5.48%, ABC Company would fall into the 4.50% - 5.49% tier. If they have a fixed annual price increase, the price increase would rise by 1.20% (annual price increase + 1.20% price increase for labor) for that year. 8.4 Notwithstanding Section 8.1, USIC may, following the first Contract Year, adjust the prices for Locate Services set forth on Exhibit A upon reasonable justification and thirty (30) days’ written notice to Customer. Unless Customer contests, in writing within the thirty (30) day notice period, the price increase «Contract_Name» Contract #: «USIC_Contract_Number» Version 4.0 Revised 06/27/22 11 will become effective on the date identified in USIC’s notice. If Customer contests the basis for the price increase as provided above, the parties shall either negotiate a mutually agreeable resolution or resolve the dispute as provided in section 12.1. 8.5 Additionally, USIC shall notify Customer if USIC becomes aware of any regulatory, judicial, or 811 process-related changes that affects the amount of time it takes USIC to provide Locate Services in response to Ticket(s), including but not limited to adjustment of the Ticket parameters or make-up. Subsequent to notification, USIC shall make an equitable adjustment to the prices for Locate Services set forth on Exhibit A upon reasonable justification and thirty (30) days’ written notice to Customer. Unless Customer contests, in writing within the thirty (30) day notice period, the price increase will become effective on the date identified in USIC’s notice. If Customer contests the basis for the price increase as provided above, the parties shall either negotiate a mutually agreeable resolution or resolve the dispute as provided in section 12.1. 9. Environmental Health and Safety Matters 9.1 Customer shall maintain safe working conditions at the Site, including, without limitation, implementing appropriate procedures regarding Hazardous Materials, confined space entry, and energization and de- energization of power systems (electrical, mechanical and hydraulic) using safe and effective lock- out/tag-out (“LOTO”) procedures including physical LOTO or a mutually agreed upon alternative method. 9.2 Customer shall timely advise USIC, in writing, of all applicable Site-specific health, safety, security, and environmental requirements and procedures, which shall include any instructions to USIC’s personnel regarding Customer’s safety practices. Without limiting Customer’s obligations pursuant to Article 3 USIC may, from time-to-time, review and inspect applicable health, safety, security and environmental documentation, requirements and/or procedures at the Site. 9.3 Customer shall procure upon USIC’s request of any high speed and/or high-density roadways which will require underground Locate Services to be performed with Work Zone Protection and/or Lane Closures as defined in the Manual on Uniform Traffic Control Devices (MUTCD) published by the Federal Highway Administration. These notifications shall result in specific joint Customer and USIC plans to achieve work zone protection. These situations may result in the Customer or USIC subcontracting such services in a timely manner such that USIC’s workforce will be able to accomplish all other Statement of Work requirements for those notification Tickets, with no penalties for late completion. If USIC procures traffic control services, any such traffic services shall be billed as direct costs to the Customer. 9.4 Telecommunications Vault or Manhole Entry shall only be utilized for cable, fiber, and telecommunications Locating Services. USIC personnel are authorized to only enter telecommunications manhole vaults when a second person is onsite, but not inside the manhole vault, in a supporting safety role. No other type of Manhole Entry for any other utility shall be performed by USIC. 9.5 If, in USIC’s reasonable opinion, the health, safety, or security of personnel at a Site may be imperiled by security risks, terrorist threats/acts, potential exposure to Hazardous Materials, or unsafe working conditions; USIC may: (1) evacuate some or all of its personnel from Site; (2) suspend performance of all or any part of the Contract; (3) remotely perform or supervise work; and/or (4) take any other action necessary to protect such personnel. Any such occurrence shall be considered an excusable event. Customer shall reasonably assist in any such evacuation. 9.6 Operation of Customer’s equipment is the responsibility of Customer. Customer shall not require or permit USIC’s personnel to operate Customer’s equipment at Site. 9.7 Customer will make its Site medical facilities and resources available to USIC personnel who need medical attention. 9.8 USIC has no responsibility or liability for the pre-existing condition of Customer’s equipment or the Site. Prior to USIC starting any work at Site, Customer will provide documentation that identifies the presence and condition of any Hazardous Materials existing in or about Customer’s equipment or the Site that USIC «Contract_Name» Contract #: «USIC_Contract_Number» Version 4.0 Revised 06/27/22 12 may encounter while performing under this Contract. Customer shall disclose to USIC industrial hygiene and environmental monitoring data regarding conditions that may affect USIC’s work or personnel at the Site. Customer shall keep USIC informed of changes in any such conditions. 9.9 USIC shall notify Customer if USIC becomes aware of: (i) conditions at the Site differing materially from those disclosed by Customer, (ii) previously unknown physical conditions at Site differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. If any such conditions cause an increase in USIC's cost of, or the time required for, performance of any part of the work under the Contract, an equitable adjustment in price and schedule shall be made by USIC, with thirty (30) days’ written notification to Customer of such adjustment. 9.10 Information Transfer: As referenced in OSHA 1910.269(a)(3) and (a)(4), before work begins, the appropriate Customer’s Representative shall provide USIC access to the following information: 9.10.1 Existing characteristics and conditions of the Customer’s installations that are related to the safety of the work to be performed; 9.10.2 Information about the design and operation of the Customer’s installations that USIC needs; 9.10.3 Arc flash studies; 9.10.4 Ground fault studies; 9.10.5 Hand hole, manhole, and utility vault details; and 9.10.6 Danger poles tagging 9.11 As referenced in OSHA 1910.269(a)(3), USIC shall ensure that each of its employees is instructed in hazardous conditions relevant to the work, and USIC shall advise the Customer of any hazardous conditions found before and during the work. 9.12 If USIC encounters Hazardous Materials in Customer’s equipment or at the Site that require special handling or disposal, USIC is not obligated to continue work affected by the hazardous conditions. In such an event, Customer shall eliminate the hazardous conditions in accordance with applicable laws and regulations so that USIC’s work under the Contract may safely proceed, and USIC shall be entitled to an equitable adjustment of the price and schedule to compensate for any increase in USIC’s cost of, or time required for, performance of any part of the work. Customer shall properly store, transport and dispose of all Hazardous Materials introduced, produced or generated in the course of USIC’s work at the Site. 9.13 Customer shall indemnify USIC for any and all claims, damages, losses, and expenses arising out of or relating to any Hazardous Materials which are or were (i) present in or about Customer’s equipment or the Site prior to the commencement of USIC’s work, (ii) improperly handled or disposed of by Customer or Customer’s employees, agents, contractors or subcontractors, or (iii) brought, generated, produced or released on Site by parties other than USIC. 10. Employment 10.1 USIC is an equal opportunity employer. We are committed to ensuring equal employment opportunities for all applicants and employees, and do not to discriminate on the basis of sex, race, religion, color, national origin, age, disability, pregnancy, childbirth and related medical conditions, genetic information, military service, citizenship, veteran status, or any other basis protected by applicable federal, state or local law. 10.2 RESREVED. 10.3 RESERVED. 11. Insurance 11.1 USIC provides the following insurance coverage: INSURANCE COVERAGE LIMITS «Contract_Name» Contract #: «USIC_Contract_Number» Version 4.0 Revised 06/27/22 13 Workers Compensation Statutory Limit Employers’ Liability Each Accident $1,000,000 Disease, Policy Limit $1,000,000 Disease, Each Employee $1,000,000 Comprehensive General Liability Each Occurrence $2,000,000 (bodily injury, advertising injury, personal injury and advertising injury) General Aggregate $8,000,000 Products Completed Operations Aggregate $8,000,000 Medical Limits Not Covered Damages to Premises Rented to You Limit $1,000,000 Automobile Liability CSL $5,000,000 Cyber $5,000,000 12. Dispute Resolution 12.1 The parties agree that any dispute, controversy, or claim arising out of or related to this Contract, including any question regarding its existence or validity, shall be resolved in accordance with this Section 12. 12.2 Prior to initiating litigation or arbitration of a dispute under this Contract, the party will first informally attempt to resolve the dispute with the other party by seeking a meeting with the appropriate higher management representative(s) of the other party via written notice. Such meeting shall be held within twenty (20) business days after the giving of notice. All negotiations and resolutions pursuant to this Section 12.1 are confidential and shall be treated as compromise and settlement negotiations for purposes of the applicable rules of evidence. If the dispute is not resolved within thirty (30) business days after such meeting is requested, or such later date as may be mutually agreed, either party may pursue formal resolution as set forth below. 12.3 If a dispute has not been resolved by negotiation pursuant to Section 12.2 or if the Parties failed to meet for the first time within twenty (20) days of a party requesting a negotiation meeting pursuant to Section 12.2, then either Party may initiate: (1) arbitration or litigation for disputes of $250,000 or less, including costs; or (2) litigation for disputes over $250,000. Any matter initiated in arbitration: (1) shall be filed with the American Arbitration Association (AAA); and (2) shall be heard by a panel of three arbitrators, notwithstanding any AAA rules to the contrary. Either Party shall have the right, in its discretion, to include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in any litigation. 13. Non-Solicitation 13.1 Customer agrees that during the term of this Contract and for a period of twelve (12) months thereafter, Customer will not hire or solicit for hire any employee of USIC who has been employed by USIC within the last six (6) months. The only exception to this provision shall be a publicly posted position by Customer, and a USIC employee responds to that public posting. 14. Force Majeure 14.1 Neither party shall be deemed to be in default of this Contract to the extent that any failure, delay, or substantial hinderance to perform its obligations, other than the payment of money, results from any cause beyond its reasonable control and without its fault or negligence, such as: 14.1.1 strikes, lock-outs or other industrial disputes at a national level or by labor not employed by the affected party, its subcontractors or its suppliers and which affect an essential portion of the works; «Contract_Name» Contract #: «USIC_Contract_Number» Version 4.0 Revised 06/27/22 14 14.1.2 embargoes, riot, war, hostilities, acts of terrorism, civil war, rebellion, requisition or compulsory acquisition by any governmental or competent authority; 14.1.3 pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds; 14.1.4 acts of God, earthquakes, flood, storm, hurricane, fire, sinkholes, unusually severe weather conditions or strikes or other physical natural disaster; 14.1.5 pandemics, epidemics and quarantine or governmental action related to such; 14.1.6 compliance with any law or governmental order, rule, regulation or direction; 14.1.7 theft, burglary or malicious acts of third parties; and 14.1.8 any other events including emergencies and non-emergencies. 14.2 If USIC claims that it is prevented, delayed, or substantially hindered from performing their obligations delayed by such a cause, it shall promptly notify Customer, and Customer shall be entitled to obtain replacement Locate Services from any other person until such cause terminates as evidenced by a notice from USIC that such cause has ended. 15. Contract Choice of Law, Modification, and Assignment 15.1 Both parties agree to utilize the laws and venue of the state where the Locate Services are performed. 15.2 This Contract may only be modified or amended by a written instrument signed by an authorized representative of USIC and Customer. The term “Contract” shall include any such future amendments or modifications. 15.3 Customer may not assign, delegate, or otherwise transfer its rights or obligations under this Contract, voluntarily or involuntarily, whether by merger, consolidation, dissolution, affiliation, operation of law, or any other manner, without at least sixty (60) days’ advance notice and the prior written consent of USIC. 16. Contract Entirety 16.1 This Contract shall constitute the entire contract between the parties with respect to the subject matter of this Contract. Customer and USIC each represent that it has read this Contract, agrees to be bound by all terms and conditions contained in this Contract, and acknowledge receipt of a signed, true exact copy of this Contract. 17. Severability Clause 17.1 The parties expressly agree that if any provision of this Contract is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Contract shall remain in full force and effect. 18. Contract Notification 18.1 Any notice, consent or other communication given under this Contract shall be in writing (unless otherwise specified in this Contract as permitting oral or verbal communication) and delivered to the below authorized representative of each party, specifying the subject matter and any other persons at USIC or Customer who should be notified of the notice, consent, or other communication. Notice shall be effective on the date when sent via email or, if delivered via certified mail, such notice shall be effective five (5) days after the date of mailing thereof. 18.1.1 USIC authorized representative: USIC Locating Services, LLC Attn: Contracts 9045 River Road, Suite 200 Indianapolis, IN 46240 «Contract_Name» Contract #: «USIC_Contract_Number» Version 4.0 Revised 06/27/22 15 contracts@usicllc.com 18.1.2 Customer authorized representative: Attn: Christopher Yount 2629 East Ridge Road Rochester, NY 14622 cyount@irondequoit.gov [Signature page follows] «Contract_Name» Contract #: «USIC_Contract_Number» Version 4.0 Revised 06/27/22 16 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their duly authorized officers or representatives. Town of Irondequoit, NY USIC Locating Services, LLC By: __________________________ By: _______________________ (Signature) (Signature) __________________________ (Please print) (Please print) Title: __________________________ Title: Date 9/12/2022 Exhibit A USIC Locating Services, LLC shall provide Services: In the State of New York. Member Codes (state One Call CDC or Customer Description Codes): USIC Locating Services, LLC Pricing: $ 15.00 Per Ticket Received from the One Call $ 40.00 Per Normal Business Hour Emergency Call Out Ticket $ 40.00 Per After Hour Emergency Call Out Ticket $ 15.00 Project Price Per Quarter Hour for Tickets that Exceed 30 Minutes $ 275.00 Damage Investigation Fee «Contract_Name» Contract #: «USIC_Contract_Number» Version 4.0 Revised 06/27/22 17 Mail Invoices To: Town of Irondequoit, New York ATTN: Christopher Yount 2629 Eat Ridge Road Rochester, New York 14622 Phone: (585) 370-3274 Email: cyount@irondequoit.gov USIC shall render invoices and statements to Customer on a monthly basis. Each statement shall be paid by Customer within thirty (30) days of invoice date. Resolution No. 2022 - ________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO A CONTRACT FOR WATER COOLERS AT VARIOUS TOWN 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 September, 2022 at 7:00 P.M. local time; there were: PRESENT: Rory Fitzpatrick Town Supervisor John Perticone Town Board Member Patrina Freeman 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, various departments throughout the Town of Irondequoit currently receive water cooler services through a contract that is about to expire; and WHEREAS, the Town desires to continue water cooler services; and WHEREAS, pursuant to the requirement of Section 51-10 of the Irondequoit Town Code, the Town obtained three (3) written quotes offering water cooler services; and WHEREAS, the lowest responsible quote came from the Town’s current provider, Quench, in the amount of $291.90 per month total cost for eight (8) water coolers. WHEREAS, the initial contract term will be for three (3) years starting on October 21, 2022; and WHEREAS, At the end of the initial contract term, the contract will automatically renew for an additional __-year term, but if one party wants to terminate the contract at the end of the initial term, it can do so upon written notice made at least 30 days prior to the expiration of the initial term If during any contract period, Quench desires to raise the price of its services by more than 5%, it must provide the Town written notice of its intent to do so at least 60 days prior to the expiration of the then-current lease term; and WHEREAS, funding for this expense will be available in account #’s 001.1620.4120 (Town Hall), 001.1621.4120 (Public Safety), 001.1640.4120 (Department of Public Works), and 001.7110.4120.0000.7142 (Camp Eastman). NOW THEREFORE BE IT RESOLVED, that the Town Board approves the contract with Quench for the rental and service of water coolers throughout various Town Facilities for a monthly cost of $291.90 for a three (3) year period. AND, BE IT FURTHER RESOLVED THAT, the Town Board authorizes the Town Supervisor to execute any and all documents related to this approval. 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 Romeo voting _______ Town Board Member Freeman voting _______ Town Board Member Perticone voting _______ Town Supervisor Fitzpatrick voting _______ ;; quench TERMS AND CONDITIONS (Rev 11132018) 1.OWNERSHIP OF EQUIPMENT: Quench USA, Inc (Quench) is the sole owner of the equipment listed on this Agreement, including any Add-on Schedule(s) hereto, as well as the tubing between the water source and such equipment (collectively, the Equipment). Quench shall have the right to change, substitute or remove any of the Equipment Customer agrees not 10 modify, remove or conceal any identification notices or markings affixed to the Equipment. Customer has no right to sell, transfer, encumber, sublet or assign the Equipment or this Agreement to any other entity Quench may transfer or assign this Agreement and/or ownership of Equipment to any entity, and such party will have the same rights and benefits as Quench 2 INSTALLATION, LOCATION AND USE OF EQUIPMENT: Quench shall arrange for delivery and installation of the Equipment, including the initial connection of the Equipment to Customer's CO2 source, if applicable. Customer authorizes Quench or its installer to drill holes and/or run tubing where needed. Customer may not move the Equipment without Quench's prior written permission. Customer will allow Quench or its agents to inspect the Equipment at any reasonable time.. Quench agrees to perform service as Quench deems necessary to maintain the Equipment in good working order. Additional service requested by Customer will be billed at Quench's applicable rate. Services will be performed as Quench deems necessary to maintain the Equipment in good working order. Additional service requested by Customer will be billed at Quench's applicable rate. Customer will use the Equipment only for its intended purpose of filtering or purifying potable water. Customer will not modify the Equipment in any manner or allow the Equipment to be affixed to the premises in such a manner as to become a permanent part thereof. Customer is responsible for all authorizations or approvals necessary to install the Equipment in its premises and represents to Quench that it has obtained all such approvals. 3 PAYMENTS AND FEES: Customer agrees to pay to Quench all fees within Net 30 days of invoice. If Customer fails to make any payment by its due date, Customer agrees to pay a late fee equal to the greater of 10% of the payment due or S25 00 Customer agrees to pay S40.00 per payment rejected by its bank, in addition to any other remedy allowed by law. In the event this Agreement includes one or more coffee brewers, Customer agrees to purchase from Quench at least the minimum monthly coffee order per unit specified on the reverse hereof (the 'Minimum Order'). To the extent the Customer's actual monthly order value is less than the Minimum Order, the difference between the Minimum Order per unit and the actual order per unit shall be billed to the Customer and become payable to Quench under the terms of this Agreement. Quench may waive its right to invoice the Customer for this difference at its discretion Coffee orders may be fulfilled and invoiced by the Quench office coffee service group (Macke Coffee, a division of Quench, USA, Inc.). In the event this Agreement includes one or more Bevi systems, Customer agrees to purchase replacement flavors and CO2 that will be automatically replenished by Quench as needed to maintain full operation of the system. Quench will invoice Customer for the Flavor and CO2 replenishment following the completion of the work. This replenishment invoicing will be separate from the rental invoicing. Unless otherwise stated in this Agreement, invoicing will occur Quarterly starting the first day of the month after the commencement of this Agreement. The first Quarterly invoice will include a prorated amount reflecting the period between commencement of this Agreement and the invoicing start date To the extent that Customer is party to any other Rental Agreements or Add-on Schedules relating to Quench equipment, Quench reserves the right to issue a consolidated invoice. The initial consolidated invoice will reflect the appropriate prorated adjustments to address for differences in billing periods. Consolidated billing will not modify the start and end dates of the relevant rental term or renewal term, which shall continue to be governed by the applicable Rental Agreement or Add-on Schedule Invoices will be delivered Email listed on the reverse hereof. Changes in email and/or credit card information must be made prior to any billing cycle to avoid late fees. Customer authorizes Quench to contact any credit agency for information on Customer in connection with this transaction. 4 EQUIPMENT RESPONSIBILITY, TAXES AND INSURANCE: Customer is responsible for the Equipment until removed by Quench and shall exerdse all due care in use of the Equipment, Customer will comply with all laws applicable to the operation and maintenance of the Equipment and assumes responsibility for failure to comply therewith. Customer will maintain the Equipment in the condition received, excepting ordinary wear and tear. Customer agrees to pay when due all applicable taxes relating 10 the Equipment. Customer will maintain, at all limes while the Equipment is located on the premises of Customer, (i) insurance covering any loss, damage or injury of any nature caused by the Equipment, which insurance will protect Quench from any such liability, and (ii) insurance against any loss of or damage 10 the Equipment. Customer agrees that the amount of insurance against loss of or damage to the Equipment shall not be less than its full replacement value. All insurance will show Quench as a loss payee and additional named insured. In the event that the Equipment is lost, damaged or becomes inoperable due to Customer's act or omission, Customer agrees to pay replacement value for the damaged Equipment and continue to make payments under this Agreement and the applicable Add-on Schedules until the end of the applicable rental term. Quench will provide replacement Equipment of the same make, model or equivalent capability. Customer agrees to defend, indemnify, and hold harmless Quench from and against any and all claims, losses, liabilities, damages, and expenses relating to the Equipment, Equipment installation, or this Agreement, or the failure of any connection to or from the Equipment (including any supply lines enabling such conneclion),except to the extent arising from the intentional misconduct of Quench, 5 TERM AND TERMINATION: The initial rental term under this Agreement for a particular piece of Equipment shall commence on the date that such Equipment is installed. The rental term shall continue for the period set forth on the reverse hereof; provided, however, that, if this Agreement includes multiple pieces of Equipment, such period shall be measured from the date on which the last piece of Equipment is installed. After the initial rental lens under this Agreement and any renewal thereof, the rental term will automatically renew for an additional 12 -month term, unless either party notifies the other in writing 30 days prior to the expiration of such initial or subsequent rental term. The automatic renewal mechanism described in the foregoing sentence shall similarly apply at the end of the initial rental lean identified on any Add-on Schedule, as well as at the end of any renewal rental team thereunder. Upon renewal, Quench has the right to increase the monthly rent by up to 5% in any calendar year without advance notice; provided, however, that if Quench elects to increase the monthly rent by more than 5%, Quench shall provide notice to Customer at least 60 days prior to expiration of the relevant rental term. Upon termination of the rental, Customer agrees to pay a removal fee of $150 per water, sparkling and coffee unit and $250 per ice and Bevi unit to cover costs incurred by Quench for termination and removal and return of the Equipment; provided, however, that any such termination shall not be effective until Quench receives the applicable Equipment in good working order. In connection with removal of the Equipment, the tubing may not be removed from the water source. In such event, Customer shall, for all purposes, assume responsibility for such tubing thereafter. Further, Customer will ensure that the Equipment is disconnected from any CO2 source, if applicable, prior to Quench's removal of the Equipment. The terms and conditions of this Agreement shall remain in full force and effect from the date upon which this Agreement is fully executed, and continuing for so long as any Equipment is being rented by Customer, whether listed on the reverse hereof or on an Add-on Schedule, and this Agreement shall terminate only after all such rental terms have ended and Quench has received all Equipment in good working order, 6. DEFAULT: If Quench terminates a rental term under this Agreement or any Add-on Schedule due to Customer's default, including but not limited to, non-payment of any amount when due, improper care, usage or handling of the Equipment, or failure to perforn any other obligation hereunder, Customer will be responsible for payment of all fees for the remaining term(s), as well as for all damages and removal and shipping charges incurred by Quench. Further, in the event of default, Customer waives any and all right to notice before Quench removes the Equipment from Customer's premises and waives any requirement that Quench post a bond in connection with any such removal. 7. MISCELLANEOUS: This Agreement, together with any applicable Add-on Schedule(s) and Site Survey(s) and Change Order(s) executed by the parties, and any document provided to Customer by Quench in connection with the delivery, installation or use of the Equipment, constitutes the entire agreement between Customer and Quench and supersedes any and all previous agreements between the parties related 10 rental of the Equipment. This Agreement may only be amended or modified by written instrument executed by duly authorized representatives of the parties. If any provision of this Agreement is found to be unenforceable, such provision shall be severed from this Agreement, and the remaining terms of the Agreement will continue in full force and effect. Quench may use Customer's name for marketing purposes. If Quench brings an action to enforce any term or condition of this Agreement, including, but not limited 10 in connection with termination or Customer's default, the non -prevailing Customer agrees to pay the prevailing party's reasonable attorney's fees and all costs associated with such action. Further, Customer agrees that this Agreement will be governed under the laws of the Commonwealth of Pennsylvania, without regard to its conflicts of law principles, and Customer agrees that any action arising hereunder will be submitted only to any court in Montgomery County, Pennsylvania. Customer hereby waives any right to trial by jury in any such action. Any delay or failure by Quench to exercise any right under this Agreement will not prevent Quench from exercising any rights at any later lime, Customer authorizes Quench and any of its agents, representatives or employees to (i) sign any document in connection with a filing under the Uniform Commercial Code on Customer's behalf, and (ii) make modifications as needed to complete any such filing. Any notice required under this Agreement shall be directed to Customer or Quench at their respective addresses set forth on the reverse hereof with delivery by hand, by certified U.S. mail, or by any other method verifying receipt by Customer or Quench Fax transmission is acceptable, but printed verification of transmission is required. AUTHORIZATION: Customer agrees to all terms and conditions contained in this Agreement, and represents that signer is authorized to enter into this Agreement. This Agreement is not binding unless executed by an authorized representative of Quench USA, Inc. Authorized Representative of Customer Name: Email: Title: Authorized Representative of Quench USA, Inc. Name: Phone: Email: ,'- quench 630 Allendale Rd., Suite 200 1 King Of Prussia, PA 19406 1 Sales: 888.877.0561 1 Service: 888.554.2782 1 www.quenchwater.com © 2016 Quench All rights reserved. quench x Signature & Date Signature & Date ;; quench 630 Allendale Rd., Suite 200 1 King Of Prussia, PA 19406 1 Sales: 888.877.0561 I Service: 888.554.2782 I www.quenchwater.com © 2016 Quench_ All rights reserved, Resolution No. 2022 - ________ 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 September, 2022 at 7:00 P.M. local time; there were: PRESENT: Rory Fitzpatrick Town Supervisor John Perticone Town Board Member Patrina Freeman 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, pursuant to resolution 2022-202, four additional columbariums are in the process of being built; 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 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, to take effect beginning October 1, 2022. 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 Romeo voting _______ Town Board Member Freeman voting _______ Town Board Member Perticone voting _______ Town Supervisor Fitzpatrick voting _______ Appendix A Burial Fees Interment Disinterment Full Body In-Ground Adult $640 $1,000 Infant/ Child $155 $250 Full Body Mausoleum Adult $485 $525 Infant/Child $150 $200 Casket Storage $100 Cremation In-Ground Adult $410 $450 Double Cremains (1 Vault) $460 $500 Double Cremains (2 Vaults) $560 $600 Infant/Child $50 $100 Cremated Body in Casket $250 Cremation Niche Adult- Single Urn $255 $300 Adult - Double (2 Sets of Cremated Remains) $360 $400 Infant/Child $50 $100 *Secondary Burial Right $300 Foundations Flat Memorial Monumented Memorial 1 Grave $130 $175 2 Graves $155 $200 Stone Removal/ Disposal $155 Replacement Plaques Matthews $870 Cold Springs $360 Overtime (Saturdays/Sundays/Holidays or Weekdays after 3pm) Full Interment $500 Cremated Remains $300 Replacement Deed/ Deed Transfer $25 *Secondary burial right will be added when name doesn’t appear on the deed or memorial. Fee will be added to interment cost. Prices effective October 1, 2022 Grave Specification Flat Stone Monumented Stone Full Body Burial Options Single Grave (1) $1,090 $1,300 Double Grave Lot (2) $1,720 $2,340 Triple Grave Lot (3) $2,860 $3,380 Quadruple Grave Lot (4) $3,485 $3,900 Veterans Circle $880 Infant Grave $150 In Ground Cremation Options Veterans Circle $685 N/A Cremation Section $730 $1,250 *Columbarium Single- $1,100 Double- $1,835 (Double Depth - Single Plaque) Double- $2,080 (Side by Side- Two Plaques) Garden of Remembrance Columbarium’s Octagon Wall Unit Single Double Family Double Family Triple Family Quadruple $2,200 $3,000 $3,300 $3,800 $4,300 $1,850 $2,650 Ossuary $100 *Mausoleum- Single Crypt Tier Exterior Interior F $2,745 $3,050 E $2,845 $3,275 D $2,994 $3,480 C $3,260 $3,850 B $3,255 $3,850 A $3,100 $4,670 *Mausoleum- Double Crypt Tier Exterior Interior F $4,190 $5,075 E $4,400 $5,245 D $4,610 $5,610 C $5,020 $6,230 B $5,020 $6,230 A $5,020 $5,850 *Price includes bronze memorial plaque All prices include perpetual care in accordance with NYS law Prices effective October 1st, 2022 Overtime Fees are applied in addition to Regular Service Fees Any Saturday or Sunday Regular Weekdays after 3pm The following Holidays New Year’s Day Friday, December 31, 2021 Martin Luther King Day Monday, January 17, 2022 Presidents Day Monday, February 21,2022 Good Friday Friday, April 15, 2022 Memorial Day Monday, May 30, 2022 Independence Day Monday, July 4, 2022 Labor Day Monday, September 5, 2022 Columbus Day Monday, October 10, 2022 Veterans Day Friday, November 11, 2022 Thanksgiving Thursday, November 24, 2022 Day after Thanksgiving Friday, November 25, 2022 Christmas Day (observed) Friday, December 26, 2022 Resolution No. 2022-________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE 2023 SPECIAL EVENTS CALENDAR 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 September 2022, at 7:00 P.M. local time; there were: PRESENT: Rory Fitzpatrick 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 desires to set a Special Events Calendar for 2023; and WHEREAS, funding for Special Events and Farmers’ Market are available in fund 234 and fund 246. NOW, THEREFORE, BE IT RESOLVED, that the Supervisor or designee be authorized to: 1. Set the Special Events Calendar (Attachment “A”), including any modifications related to date, time, or location as necessary; 2. Schedule parades for Memorial Day and July 4th Celebrations; and 3. Negotiate and enter into agreements related to the 2023 Special Events as they might apply, subject to final approval and/or ratification by the Town Board. 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 Fitzpatrick voting __________ ATTACHMENT “A” TOWN OF IRONDEQUOIT SPECIAL EVENTS 2023 Winterfest Saturday, January 21st 11am – 3pm Winter Family Fun Day of Caring Thursday, May 18th 9:00am Farmers’ Market Thursday evenings from May 25th – October 12th Town Hall Campus 4pm - dusk **No market June 29th** Memorial Day Parade Sunday, May 28th at 3:00pm IHS – Titus Ave to Town Hall Sponsored by Irondequoit American Legion Post #134 Memorial Day Flag Raising/ Monday, May 29th Flag Raising at Town Hall at 7:00am and Memorial Service Memorial Service at Irondequoit Cemetery at 9:00am Gazebo Concert Series Sunday afternoons once per month for June - August 2023 (June 13th Irondequoit Concert Band, June 25th, July 16th, Aug 20th) Kiwanis Performing Arts Center Gazebo - Town Hall Campus Flag Day Wednesday, June 14th at 7:00pm Town Hall Sponsored by Irondequoit American Legion Post #134 and Bay Waters District Boy Scouts of America Juneteenth Celebration Saturday, June 17th July 4th Celebration Monday, July 3rd & Tuesday, July 4th Arts and Crafts Show and Sale 11am - 9pm Food Vendors, Entertainment & Activities 11am - 11 pm July 3rd Street Dance 7:00pm July 4th 2 Mile Fun Run – 8:00am; 10K Run- 8:30am Parade @ 11am, IHS – Titus Ave to Town Hall Car Show Sunday, July 23rd, 11:00am -3:00pm West Lawn of Town Hall Campus Classic cars, live entertainment, and food. Veterans’ Day Saturday, November 11th at 10:45am Town Hall Sponsored by Irondequoit American Legion Post #134 Holiday Tree/Menorah Sunday, December 3rd Lighting Ceremony Irondequoit Library at 4pm Kiwanis Performing Arts Center Gazebo – Town Hall Campus at 5pm Times indicated above are subject to change Resolution No. 2022- EXTRACT OF MINUTES OF A MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING MEMORANDUM OF UNDERSTANDING FOR E.R.A.S.E. ANNUAL JUNETEENTH EVENT 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 September 2022, at 7:00 P.M. local time: there were PRESENT: Rory Fitzpatrick 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, Juneteenth is a holiday of seminal importance which marks the end of slavery in the United States. In 2021, the Town Board recognized Juneteenth by adding it to its special events calendar for 2022, ensuring that the Town honors Juneteenth and commemorates its historic importance; and WHEREAS, E.R.A.S.E. is a tax exempt non-profit organization dedicated to eradicating racism in all forms, promoting activism, and improving equity through diversity; and WHEREAS, in 2022, the Town partnered with E.R.A.S.E. to host the E.R.A.S.E. Third Annual Juneteenth Event on June 19, 2022, at the Irondequoit Town Hall, featuring live music and performances, cuisine, children’s activities, and other events; and WHEREAS, the E.R.A.S.E. Annual Juneteenth Event was a remarkable success, drawing hundreds of attendees from Irondequoit and neighboring communities, and exhibiting the cultural and historical import of the Juneteenth holiday in model and exemplary fashion; and WHEREAS, the Town wishes to designate E.R.A.S.E. as its partner to host E.R.A.S.E. conducted Juneteenth events at the Irondequoit Town Hall and the Irondequoit Community Center; and WHEREAS, the Town wishes to enter into a memorandum of understanding with E.R.A.S.E. setting forth the Town and E.R.A.S.E.’s roles in planning, hosting, and conducting the E.R.A.S.E. Annual Juneteenth Event. NOW, THEREFORE, BE IT RESOLVED, that the Town Board approves, and authorizes the Supervisor to enter a Memorandum of Understanding with E.R.A.S.E. for the planning, hosting, and conducting of the E.R.A.S.E. Annual Juneteenth Event, in substantially such form as annexed hereto and in such final form as approved by the Attorney for the Town. 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 Fitzpatrick voting _______ MEMORANDUM OF UNDERSTANDING E.R.A.S.E. ANNUAL JUNETEENTH EVENT THIS MEMORANDUM OF UNDERSTANDING is made as of this ___ day of _______, 2022, by and between the TOWN OF IRONDEQUOIT (“Town”), a municipal corporation with offices at 1280 Titus Avenue, Rochester, New York 14617, and IRONDEQUOIT ELIMINATING RACISM & SEEKING EQUITY (“E.R.A.S.E.”), a tax exempt non-profit organization with offices at 1400 Portland Avenue, Suite 24, Rochester, New York 14621. The Town and E.R.A.S.E. are referred to herein each as a “Party” and together as the “Parties”. WITNESSETH: WHEREAS, Juneteenth is a holiday of seminal importance which marks the end of slavery in the United States. In 2021, the Town Board recognized Juneteenth by adding it to its special events calendar for 2022, ensuring that the Town honors Juneteenth and commemorates its historic importance; and WHEREAS, E.R.A.S.E. is a tax exempt non-profit organization dedicated to eradicating racism in all forms, promoting activism, and improving equity through diversity; and WHEREAS, in 2022, the Town partnered with E.R.A.S.E. to host the E.R.A.S.E. Third Annual Juneteenth Event on June 19, 2022 at the Irondequoit Town Hall, featuring live music and performances, cuisine, children’s activities, and other events; and WHEREAS, the E.R.A.S.E. Annual Juneteenth Event was a remarkable success, drawing hundreds of attendees from Irondequoit and neighboring communities, and exhibiting the cultural and historical import of the Juneteenth holiday in model and exemplary fashion; and WHEREAS, the Town wishes to designate E.R.A.S.E. as its partner to host future E.R.A.S.E. conducted Juneteenth events at the Irondequoit Town Hall and the Irondequoit Community Center. NOW, THEREFORE, BE IT UNDERSTOOD, between the Parties as follows: Town Responsibilities 1. The Town designates E.R.A.S.E. as its community partner to host the E.R.A.S.E. Annual Juneteenth Event at Town Hall and the Irondequoit Community Center. 2. Each year, the Town will provide E.R.A.S.E. with the exclusive use of the West Lawn and Gazebo—and the first-right to reserve other Town property and facilities—on either the Friday, Saturday, and Sunday preceding June 19th or the Friday, Saturday, and Sunday succeeding June 19th, provided that E.R.A.S.E. elect the weekend for the event, and reserve such property and facilities, no later than the first day of March each year. 3. The Town will provide E.R.A.S.E. with use of the Irondequoit Community Center gymnasium during the morning hours of one day of the E.R.A.S.E. Annual Juneteenth Event. 2 4. The Town will recognize the E.R.A.S.E. Annual Juneteenth Event on the Town’s annual special events calendar, subject to Town Board approval as is required for all such special events. 5. From July through December each year, the Town will attend and participate in bi-monthly planning meetings with E.R.A.S.E. for the next annual E.R.A.S.E. Annual Juneteenth Event, and from January through June each year, will attend such planning meetings on a monthly basis. 6. The Town will provide E.R.A.S.E. with garbage cans and garbage collection/clean up services on a daily basis during the E.R.A.S.E. Annual Juneteenth Event. 7. The Irondequoit Police Department will staff two officers to provide security during the E.R.A.S.E. Annual Juneteenth Event. 8. The Irondequoit Police Department will provide parking access and control services during the E.R.A.S.E. Annual Juneteenth Event. 9. The Town will provide E.R.A.S.E. with access to and use of electricity and water during the E.R.A.S.E. Annual Juneteenth Event. 10. The Town will provide access to bathrooms on Town Hall Campus for the E.R.A.S.E. Annual Juneteenth Event, or alternatively and at its election, the Town may provide portable bathrooms for the E.R.A.S.E. Annual Juneteenth Event. 11. The Town may terminate this Memorandum of Understanding for any reason, with or without cause, upon providing 30 days’ written notice to E.R.A.S.E. E.R.A.S.E. Responsibilities 1. E.R.A.S.E. will organize and plan the E.R.A.S.E. Annual Juneteenth Event. The event will be considered an E.R.A.S.E. event, notwithstanding the inclusion of the event on the Town special events calendar. 2. From July through December each year, E.R.A.S.E. will conduct bi-monthly planning meetings for the next annual E.R.A.S.E. Annual Juneteenth Event, and from January through June each year, such planning meetings will occur on a monthly basis. 3. Each year, E.R.A.S.E. must elect the weekend of the E.R.A.S.E. Annual Juneteenth Event, and reserve any Town property and facilities for the event, by no later than the first day of March. 4. E.R.A.S.E. will be responsible for marketing and promoting the E.R.A.S.E. Annual Juneteenth Event. 5. E.R.A.S.E. will be responsible for selecting and paying all performers, caterers, and other vendors at its sole cost and expense and under no circumstance shall the Town incur any obligation for the selection or payment of performers, caterers, and other vendors. 3 6. E.R.A.S.E. must apply for and obtain a special events license from the Town each year for the E.R.A.S.E. Annual Juneteenth Event and satisfy all conditions for such special events license, including but not limited to obtaining full and complete insurance coverage for the event, its participants, vendors, and visitors. 7. E.R.A.S.E. will be responsible for all set-up and take-down functions for the E.R.A.S.E. Annual Juneteenth Event. Set-up must be completed prior to the commencement of each E.R.A.S.E. Annual Juneteenth Event, and take-down must be completed with two-days of the completion of each E.R.A.S.E. Annual Juneteenth Event. Following each E.R.A.S.E. Annual Juneteenth Event, E.R.A.S.E. will restore all Town property and facilities used for the event to its prior condition. [Signature Page to Follow] 4 IN WITNESS WHEREOF, the parties have signed this Memorandum of Understanding as of the date first above written. TOWN OF IRONDEQUOIT BY: ___________________________ NAME: Rory B. Fitzpatrick TITLE: Supervisor E.R.A.S.E. BY: ___________________________ NAME: TITLE: Resolution No. 2022- EXTRACT OF MINUTES OF A MEETING OF THE TOWN BOARD CALLING A PUBLIC HEARING OF COMPLAINT FOR DISCIPLINE OF ZONING BOARD OF APPEALS MEMBER ISSAC ELLIOTT 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 September 2022, at 7:00 P.M. local time: there were PRESENT: Rory Fitzpatrick 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, on September 14, 2022, the Town Clerk received a complaint (“Complaint”) by the Supervisor seeking the discipline (up to and including removal from office) of Issac Elliott (“Elliott”), Member of the Zoning Board of Appeals (“ZBA”), for failing to meet the minimum attendance requirements of the ZBA; and WHEREAS, the Complaint alleges that Elliott was absent for 6 of the 12 regularly scheduled ZBA meetings in 2021, and four of those absences were consecutive; and further alleges that Elliott has been absent for 7 of the 8 (so far) regularly scheduled ZBA meetings in 2022, and four of those absences were consecutive; and WHEREAS, within 10 days of the filing of the Complaint, the Town Clerk personally delivered or mailed by first-class United States mail, postage prepaid, a true and complete copy of the Complaint to Elliott, the members of the Town Board, and the members of the ZBA; and WHEREAS, pursuant to Town Code Section 40-17(2), the Town Board must conduct a hearing on the Complaint within 60 days of its filing with the Town Clerk, and such hearing must be conducted in an open meeting of the Town Board. NOW, THEREFORE, BE IT RESOLVED, that the Town Board calls a public hearing of the Complaint for October 18, 2022, at 7:35 P.M. AND, THEREFORE, BE IT FURTHER RESOLVED, that the Town Clerk shall give public notice of such hearing in accordance with the Public Officers Law. AND, THEREFORE, BE IT FURTHER RESOLVED, that the Town Clerk shall further give written notice of such hearing to Elliott no later than 20 days prior to the date set forth in the notice for the hearing. Such notice shall be given by personal delivery or by first- class United States mail, postage prepaid. Such notice shall specify the time, date and location of such hearing and advise Elliott that: (1) the hearing shall be conducted in an open meeting of the Town Board, (2) the Town Board may conduct such hearing by calling, examining and/or cross-examining such witnesses and accepting such written evidence and documents and other information as the Town Board shall, in its sole judgment and discretion, deem necessary or appropriate, (3) Elliott may, at his election and sole expense, be represented by legal counsel at such hearing, and (4) Elliott may call, examine and cross- examine witnesses and offer to the Town Board for its consideration such written evidence and documents and such other information as Elliott may deem appropriate. 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 Fitzpatrick voting _______ September 13, 2022 VIA HAND DELIVERY Barbara Genies Town Clerk 1280 Titus Avenue Rochester, NY 14617 Re: Complaint Against Issac Elliott Town of lrondequoit Zoning Board of Appeals Ms. Genier, Pursuant to Town Code Section 40-17(A)(3), please accept for filing this written complaint ("Complaint") seeking disciplinary action against Issac Elliott ("Elliott"), a Member of the Zoning Board of Appeals ("ZBA"). I ask that within 10 days of filing this Complaint, you personally deliver or mail the Complaint to: (a) Elliott; (b) the members of the Town Board; and (c) the members of the ZBA. BACKGROUND The Town Board appointed Elliott to the ZBA as an Alternate Member on August 18, 2020. It appointed Elliott as a full ZBA Member on October 20, 2020. Since 2021, Elliott has been consistently absent from ZBA meetings. He was absent for 6 of the 12 regularly scheduled ZBA meetings in 2021, and four of those absences were consecutive. He has been absent for 7 of the 8 (so far) regularly scheduled ZBA meetings in 2022, and four of those absences were consecutive. A table showing Elliot's attendance appears below, and a record of his attendance, as kept by the secretary to the ZBA, is annexed as Exhibit A. November 2, 2020 December 7, 2020 January 4, 2021 February 1, 2021 March 1, 2021 April 5, 2021 May 3, 2021 2020 Present Absent 2021 Present Present Absent Present Absent 1280 TITUS AVENUE • ROCHESTER, NEW YORK 14617 • (585) 336-6034 Page 2 June 7, 2021 July 12, 2021 August 2, 20.21 September 13, 2021 October 4, 2021 November 1, 2021 December 6, 2021 January 3, 2022 February 7, 2022 March 7, 2022 April 1, 2022 May 2, 2022 June 6, 2022 July 11, 2022 August 1, 2022 Present Absent Absent Absent Absent Present Meeting Cancelled 2022 Absent Absent Absent Absent Present Absent Absent Absent BASIS FOR DISCIPLINE The Town Code provides that: "Any member of any board, committee or commission who is appointed or confirmed by the Town Board and who serves for a term of years pursuant to this Code or applicable state law may, for cause, be removed from office, suspended from office for a period of time, censured or otherwise subjected to disciplinary and/or remedial action" (Town Code § 40-16). The Town Code defines "cause" to include, among other conduct: "Failure to attend three consecutive meetings of the board, committee or commission to which the member is appointed" or "Failure in any calendar year to attend more than 50% of the regularly scheduled meetings of the board, committee or commission to which the member is appointed" (id. § 40-16(B), (C)). The New York Town Law further provides that: "The Town Board shall have the power to remove, after public hearing, any member of the zoning board of appeals for cause. Any zoning board of appeals member may be removed for non-compliance with minimum requirements relating to meeting attendance . . . ." (Town Law § 267(9)). Here, there is clear cause to discipline Elliott. The Town Board appointed Elliott to a term of years expiring December 31, 2025. In 2021, Elliott failed to attend four consecutive meetings of the ZBA (see Town Code § 40-16(B)). Moreover, by attending only 6 of 12 regularly scheduled meetings, he failed to "attend more than 50%" of such meetings in 2021 (see id. § 40-16(C) (emphasis added)). In 2022, Elliott failed to attend four consecutive meetings of the ZBA (see id. § 40-16(B)). He has already been absent for 7 of 12 regularly scheduled meetings in 2022 (58%), meaning that even if he resumes Page 3 attendance for the remainder of 2022, he will have failed to attend more than 50% of such meetings as required by law (see id. § 40-16(C)). It is my understanding, through discussions with Elliott, that his employment -duties conflict with his performance as a ZBA Member. Although Elliott apparently has no ill - intentions toward the ZBA or Town, it seems clear to me that he cannot discharge the fundamental duty of his office —which is to comply with the ZBA's minimum attendance requirements. RELIEF SOUGHT Because Elliott has consistently failed to attend ZBA meetings as described herein, there is cause to discipline him, such discipline consisting of removal from office, suspension from office for a period of time, censure, or other disciplinary or remedial action (see id. § 40-16). I recommend that the Town Board remove Elliott from office, given his inability to apply with the minimum attendance requirements of the ZBA. However, Elliott is entitled to a public hearing before the Town Board (see id. § 40- 17(2); see also Town Law § 267(9)). I recommend that the Town Board conduct a public hearing —with notice to Elliott and all others as required by law —within 60 days of the filing of this Complaint with the Town Clerk. Very truly yours, Rory B. Fitzpatrick Supervisor, Town of lrondequoit Exhibit A (Attendance Log) Zoning Board Attendance: Issac Elliott — Zoning Board Member Appointed as a Zoning Board - Alternate on 08.18.2020 due to a vacancy to fill a term to 12.31.2022. Appointed as a Zoning Board Member on 10.20.2020 due to vacancy to fill a term to 12.31.2025. 10.05.2020 present 11.02.2020 present 12.07.2020 absent 01.04.2021 present 02.01.2021 present 03.01.2021 absent 04.05.2021 present 05.03.2021 absent 06.07.2021 present 07.12.2021 absent 08.02.2021 absent 09.13.2021 absent 10.04.2021 absent 11.01.2021 present 12.06.2021 MTG Cancelled 01.03.2022 absent 02.07.2022 absent 03.07.2022 absent 04.01.2022 absent 05.02.2022 present 06.06.2022 absent 07.11.2022 absent 08.01.2022 absent Resolution No. 2022-________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD AUTHORIZING JACOMB, LLC TO SUBMIT GRANT APPLICATIONS FOR FUNDING TO CONSTRUCT INFRASTRUCTURE TO SUPPORT ELECTRIC VEHICLES 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 September, 2022, at 7:00 P.M. local time; there were: PRESENT: Rory Fitzpatrick 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, Rochester Gas & Electric (“RG&E”) participates in the Joint Utility Electric Vehicle Infrastructure Make-Ready Program, which provides funding to entities seeking to install Zero-emission vehicle infrastructure (the “RG&E Incentive”); and WHEREAS, the New York State Environmental Department of Environmental Conservation (the “DEC”) will offer grants to municipalities to help pay for projects that install Zero-emission Vehicle (“ZEV”) infrastructure, including Level 2 (“L2”) and direct current fast charge (“DCFC”) electric vehicle supply equipment (“EVSE”) and equipment for dispensing hydrogen to hydrogen fuel cell (“HFC”) vehicles, using hydrogen produced through electrolysis or biogas reformulation (the “DEC Grant”); and WHEREAS, the Town of Irondequoit (the “Town”) is an eligible applicant as defined by the RG&E Incentive and in the DEC’s Grant Request for Applications; and WHEREAS, the Town is desirous of professional assistance in preparing Applications to the RG&E Incentive and the DEC Grant; and WHEREAS, Jacomb, LLC has offered to prepare and submit such applications on the Town’s behalf at no charge to the Town; and WHEREAS, the action contemplated herein constitutes planning/formulation of plans and therefore is a Type II action pursuant to the New York State Quality Review Act and its accompanying regulations, 6 NYCRR 617.5(c)(27) (“conducting concurrent environmental, engineering, economic, feasibility and other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action, provided those activities do not commit the agency to commence, engage in or approve such action), and further SEQRA review is not required at this time. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes Jacomb, LLC to prepare and submit applications in 2022 on behalf of the Town to the RG&E Incentive and the DEC Grant at no cost to the Town. AND BE IT FURTHER RESOLVED, that the Supervisor is authorized to execute any necessary documents for the RG&E Incentive and the DEC Grant, provided such documents are approved by the Attorney for the Town. AND BE IT FURTHER RESOLVED, that the Town Board hereby explicitly ratifies the: RG&E Electric Vehicle Infrastructure Make-Ready Program Participant Agreement dated July 21, 2022; RG&E Electric Vehicle Infrastructure Make-Ready Program Letter Agreement for Marine Park dated July 12, 2022; RG&E Electric Vehicle Infrastructure Make-Ready Program Letter Agreement for the Irondequoit Library dated July 14, 2022; and RG&E Electric Vehicle Infrastructure Make-Ready Program Letter Agreement for Camp Eastman dated July 12, 2022. 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 Freeman voting __________ Town Board Member Romeo voting __________ Town Board Member Perticone voting __________ Town Supervisor Fitzpatrick voting __________ RG&E Electric Vehicle Infrastructure Make -Ready Program Participant Agreement The Participant agrees to participate in the RG&E Electric Vehicle Infrastructure Make -Ready Program ("Make - Ready Program") offered by Rochester Gas and Electric ("RG&E") pursuant to these terms and conditions ("Terms and Conditions" or the "Agreement"), set forth herein. The effective date of this Participant Agreement ("Effective Date") is , 202_. 1. Definitions 1.1 "Affiliate" means any Person controlling, controlled by, or under common control with, any other Person; "control" shall mean the ownership of, with right to vote, 50% or more of the outstanding voting securities, equity, membership interests, or equivalent, of such Person. 1.2 "Agreement" means the Application, these Terms and Conditions and any exhibits and attachments which are incorporated and made a part of this Agreement. 1.3 "Application" means the RG&E Electric Vehicle Infrastructure Make -Ready Program Application, including any attachments, exhibits, and these Terms and Conditions. 1.4 "Approved Contractor" means a contractor who has met the utility's approval criteria to install EV charging infrastructure incentivized through the Make -Ready Program. 1.5 "Data Validation Test" means a test of the Equipment's ability to communicate EVSE Utilization Data to RG or its contractor. 1.6 "EVSE" means the Electric Vehicle Supply Equipment. 1.7 "Equipment" means the EVSE and Participant's Electric Distribution System Upgrades. 1.8 "Equipment Activation Date" means the date upon which the Participant activates the Equipment installed on the Site. 1.9 "EVSE Supplier" means any supplier of EVSE and/or EVSE data systems including but, not limited to manufacturers, network providers and other third -party operators other than the Participant. 1.10 "EVSE Utilization Data" means charging station utilization information defined by the Program Order provided by the Participant to RG&E or its contractor, which includes, but is not limited to, a. 15 -minute interval data b. load profiles for the stations for the top ten system demand days of each year, c. the number of sessions daily, d. start and stop times of each charge, e. the amount of time each vehicle is plugged in per session, f. peak kW per charging session, g. kWh per charging session, and h. plug outage information. Plug outage information is to include the number and duration of outages and is to be differentiated by expected outages (for maintenance) and unexpected outages. 1.11 "EVSE Financial Data" means charging station financial data provided by the Participant to RG&E or its contractor which includes, but is not limited to; a. fee structure (structure of fee to the end -use customer, i.e. cost per minute, cost per kWh, cost per session and whether the station owner is providing charging for free); b. charging revenues derived, and c. operating costs, which should include energy -related costs and non -energy -related costs separately identified. 1.12 "Initial Term" has the meaning set forth in Section 2 below. 1.13 "Make -Ready Electric Upgrades" means (i) RG&E Electric Distribution System Upgrades and (ii) Participant's Electric Distribution System Upgrades. 1.14 "Make -Ready Program Incentive" means RG&E's financial contributions toward the Make -Ready Electric Upgrades as defined above. 1.15 "RG&E" means Rochester Gas and Electric. 1.16 "RG&E Electric Distribution System Upgrades" means electrical infrastructure that is required to install new EVSE, owned and operated by RG&E, including, but not limited to, transformers, and new or upgraded electric services. 1.17 "Participant's Electric Distribution System Upgrades" means electric infrastructure that is required to install new EVSE, owned and operated by an entity other than RG&E, including, but not limited to, installation of wire and conduit, transformers, or mounting hardware from the Participant's electrical panel to the EVSE stub. 1.18 "Person" means any natural person, individual, firm, corporation, company, partnership (general or limited), limited liability company, business trust, joint venture, consortium, government or political subdivision, or any agency, instrumentality, or authority of any government or political subdivision, or other entity or association. 1.19 "Program or Make -Ready Program" means the RG&E Electric Vehicle Infrastructure Make -Ready Program. 1.20 "Program Materials" means the documents and information provided by RG&E, and other Program requirements, which may include, without limitation, Program guidelines and requirements, application forms, terms and conditions, and other correspondence or literature regarding the Program. 1.21 "Program Order" means Order Establishing Electric Vehicle Infrastructure Make -Ready Program and Other Programs issued in Case 18-E-0138 by the New York Public Service Commission on July 16, 2020 1.22 "Participant" means the nonresidential electric customer of RG&E who satisfies the Participant eligibility requirements below. 1.23 "Site" means the property owned or occupied by the Participant where the Equipment will be installed. 1.24 "Term" means the Term as set forth in Section 2 below. 2. Term. The term of this Agreement will commence on the Effective Date and conclude five (5) years from the Equipment Activation Date or December 31, 2025, whichever is later ("Initial Term"). 3. Participant Eligibility Requirements and Representations and Warranties. 3.1 The Participant represents and warrants that it is (i) a non-residential electric customer of RG&E, and (ii) the owner of the Site or has the right and/or express written authority to install the Equipment on the Site. Participant shall obtain any required approvals from property owners, landlords and/or corporate offices. 3.2 The Participant agrees to install EVSE consistent with the Program Order, perform the required Participant Make -Ready Upgrades and establish any necessary electric service orders with RG&E. 3.3 Participant agrees to install Equipment in compliance with all federal, state and local laws and/or codes, and to follow all applicable electric codes and standards. 3.4 The Participant represents and warrants that the information it submitted on its Application for Program participation is true, complete and accurate. 4. Participant Oblieations. The Participant shall: 4.1 Install Equipment using only members of the Approved Contractor list. 4.2 Complete construction of EVSE and Participant's Electric Distribution System Upgrades within one year of approved Application or else demonstrate to RG&E's satisfaction reasonable conditions that have delayed construction. In the event of such a delayed construction schedule, Participant agrees to diligently pursue completion of construction. 4.3 Provide estimates of the cost of Participant's Electric Distribution Upgrades to RG&E so that RG&E may calculate the Make -Ready Program Incentive for which the Participant is eligible. 4.4. Inform RG&E of any material changes in Participant's Electric Distribution Upgrades that result in a change of approved costs and/ or construction schedule. 4.5 Obtain all necessary approvals, permits and licenses for the installation and operation of Equipment. 4.6 Notify RG&E of any vandalism, malfunction or suspected malfunction of the Equipment. 4.7 Rectify issues identified during a post inspection review conducted by RG&E or its contractor pursuant to Section 10.2 below. 4.8 Be accessible to RG&E and, as requested from time to time by RG&E, to answer RG&E's or its contractor's questions regarding the performance of the EVSE. 4.9 Not cause or permit the Equipment to become subject to any mortgage, lien, security interest or other encumbrance. 4.10 Perform Participant's Electric Distribution System Upgrades required to support the activation and operation of the EVSE on the Site. 4.11 Ensure Equipment meets RG&E's or its contractor's Data Validation Test prior to Equipment Activation Date. 4.13 Maintain all Equipment in a safe manner pursuant to Section 7 below. 4.14 Ensure EVSE on the Site is visible and accessible for use pursuant to Section 9 below. 4.15 Provide the required documentation and invoices to RG&E pursuant to Section 8 below. 4.16 Pay the electricity costs for EVSE on Site. 5. RG&E Obligations.. RG&E or its contractor will: 5.1 Install and maintain any necessary RG&E Electric Distribution Upgrades at the Site. 5.2 Pay the applicable portion of the Make -Ready Program Incentive to the Participant after the Equipment has reached the Equipment Activation Date and following receipt of invoices and required documentation from the Participant. 6. EVSE Utilisation and Reporting. Participant shall authorize the EVSE Supplier to provide RG&E, and any authorized third -party vendor acting on behalf of RG&E, the EVSE Utilization Data and EVSE Financial Data on a quarterly basis dictated by the Program Order for the Term of this Agreement. 7. EVSE, Installation and Maintenance. The Participant shall purchase the EVSE and shall install the EVSE on the Site. Except as otherwise provided hereunder, neither RG&E nor its contractors or agents shall be responsible for performing any work in connection with the installation of EVSE. The Participant understands and agrees that after the EVSE is installed, the Participant shall operate and maintain the EVSE, or cause the EVSE to be operated and maintained, in a safe manner and in accordance with the manufacturer's recommendations and these Terms and Conditions herein. The Participant shall, at the Participant's sole expense, be responsible for any necessary repair and replacement of the EVSE and/or replacement any necessary parts of the EVSE. 8. Incentive Processing. RG&E must preapprove the cost of the Participant's Electric Distribution Upgrades prior to the Participant or its contractor commencing any work on such upgrades. The Participant shall provide RG&E with reasonable, estimated, and properly documented costs for the Participant's Make -Ready Electric Upgrades and installed EVSE. RG&E will assess the costs associated with the Participant's Make -Ready Electric Distribution Upgrades and the RG&E Electric Distribution Upgrades to determine the Make -Ready Program Incentive for which the Participant is eligible. RG&E will then pay the applicable portion of the Make -Ready Program Incentive to the Participant following the receipt of invoices and required documentation from the Participant. 9. Access. Participant shall allow RG&E or its contractor access to the Site to: (i) perform verification of the installation and activation of EVSE during the Term; and (ii) to prepare the Site for work required in connection with the Program including, without limitation, for certain assessments required for an Application, the installation of Electric Distribution Upgrades, inspection (post and periodic) of the EVSE, emergency or maintenance issues relating to the RG&E Electric Distribution Upgrades. The Participant shall cooperate in good faith with RG&E to obtain easement(s), as necessary, including promptly signing any required applications. RG&E may record a "Standard Form Notice of Contract" in lieu of an easement to evidence its right to access the Site. 10. Monitoring and Inspection. 10.1 RG&E or its contractor may access the Site to perform an initial site assessment, as well as verification of installed Equipment. 10.2 The Participant shall address and resolve any and all issues discovered by Participant or identified during an inspection by RG&E and communicated to the Participant by RG&E. Participant shall resolve issues in order to be eligible for any of the Make -Ready Program Incentive from RG&E. 10.3 RG&E may monitor the use of the EVSE and periodically inspect the same in order to verify Participant's compliance with the Agreement and Program requirements and to obtain certain information, including, without limitation, usage information, and Participant's participation in its obligations and duties under this Agreement. 10.4 Participant shall cooperate in good faith with RG&E and/or its contractor and provide any requested information in connection with RG&E's monitoring and inspections of the EVSE or the Electric Distribution Upgrades. Participant understands and agrees that neither RG&E nor its contractor shall perform any kind of safety, code or other compliance review of the EVSE or the Site. 1I. 1'rovram Participation and Modification. Once the Participant submits the Application and required documentation to RG&E, RG&E shall inform the Participant in writing regarding the Participant's eligibility and participation in the Program. RG&E retains the right, in its sole discretion, to modify the Program. Such approval shall be incorporated into this Agreement when signed by RG&E and added to this agreement as an appendix. If Participant fails to provide RG&E the EVSE Utilization Data in accordance with Section 6 of these Terms and Conditions and with the Program requirements, it may no longer be eligible for new or future Make -Ready Program Incentive payments and, at RG&E's discretion, shall be subject to claw back of the Make -Ready Program Incentive payments received or revocation of service. Participant may assign its entitlement to receive RG&E's Make -Ready Program Incentive payment to a third -party — such as an Equipment installer — provided it has obtained RG&E's express written authorization; however, such an assignment does not relieve Participant of its obligations under this provision or these Terms and Conditions in general. 12. Termination. 12.1 RG&E may, in its sole discretion, at any time and without notice, terminate this Agreement for convenience or cause. 12.2 The Participant may terminate this Agreement before the expiration of the Initial Term. 12.3 If RG&E terminates this Agreement for cause or the Participant terminates the Agreement before the end of the Initial Term, the Participant shall be solely responsible for reimbursing RG&E for the straight-line depreciated (over 5 years) installation costs for the Make -Ready Upgrades. 13. Name and Logo Use. The Participant shall not use RG&E's name or logo without express written authorization from RG&E. Any authorized use of RG&E's name and logo must be reviewed and approved by RG&E and such use must strictly adhere to such RG&E's specific name and logo use/branding requirements. 14. Confidentiality. The Participant grants to RG&E the right to use and reference for promotional and regulatory purposes the Participant's participation in the Program. RG&E shall keep in strict confidence any Participant confidential information and any confidential EVSE Utilization Data. RG&E shall exercise reasonable care to maintain the confidentiality and shall not disclose confidential information to any third parties, except to the extent expressly permitted by these Terms and Conditions. 15. Liability. The Participant shall be liable for any claims, liability, losses, damages and costs to the extent arising from any act of omission on the part of the Participant or its contractors, employees or any other person for whom the Participant is legally responsible who causes injury to persons (including death) or damage to electric systems or property except to the extent liability results from the gross negligence or willful misconduct of RG&E. With the exception of the Participant's indemnity obligations hereunder, neither the Participant nor RG&E shall be liable under this Agreement for any special, indirect, incidental, penal, punitive or consequential damages of any nature. With the exception of third -party claims for personal injury or property damage, RG&E's liability to the Participant under this Agreement, regardless of the number of claims, shall not exceed to the total amount of the Make -Ready Program Incentive associated with the Participant's Electric Distribution System Upgrades paid by RG&E to the Participant under this Agreement. The provisions of this Section shall survive the termination or expiration of the Agreement. 16. Indemnification. The Participant shall indemnify, defend and hold harmless RG&E, its affiliates and their respective contractors, officers, directors, employees, agents, representatives from and against any and all claims, damages, losses and expenses (including reasonable attorneys' fees and costs incurred to enforce this indemnity) brought by or on behalf of third parties (collectively, "Loss") to the extent arising out of or resulting from the Participant's participation in Program or the Participant's acts or omission with respect to the Program or this Agreement(as well as those acts and omissions by Participant's contractors, representatives or agents), except to the extent that such Loss results from the gross negligence or willful misconduct of RG&E. This Section shall survive the termination or expiration of the Agreement. 17. Disclaimer of Warranties. Except as expressly stated herein, RG&E makes no representations, warranties or guarantees in connection with the Agreement. RG&E does not make any representations of any kind regarding the benefits, adequacy or safety of the EVSE. The Participant understands and agrees that RG&E is not a manufacturer of, or regularly engaged in the sale or distribution of, or an expert with regard to the EVSE or any related work. The Participant further understands and agrees that neither RG&E nor its contractor shall perform any kind of safety, code or other compliance review of the EVSE or Site. This Section shall survive the termination or expiration of the Agreement. 18. Removal of Equipment. The Participant understands and agrees that as a condition of participation in the Program it must properly remove and dispose of or recycle the EVSE in accordance with all applicable laws and regulations. The Participant further understands and agrees to pay the cost to remove the Participant's Make -Ready Electric Upgrades should the Participant desire removal of such upgrades. 19. Compliance with Laws. The Participant shall, and shall require its subcontractors, agents and employees to, comply with all applicable Federal, state and local directives, requirements, rules, regulations, laws and ordinances, whether the same are in force upon the execution of the Agreement or may in the future be passed, enacted or directed, including without limitation, compliance with the safety rules and regulations and standards adopted under the Occupational Safety and Health Act of 1970 (OSHA), as amended from time to time. 20. Notice. All notices, requests, approvals and other communications which may or are required to be given by either party to the other under this Agreement shall be deemed to have been sufficiently given for all purposes hereunder when delivered personally or mailed by registered or certified mail (i) if to RG&E at 18 Link Drive, Binghamton, NY 13904, Attention: Program Manager Electric Vehicles; and (ii) if to the Participant, at the address of the Site as set forth in the Application. 21. Governing Law. The Agreement shall be interpreted and enforced according to the laws of the State of New York without regard to its conflicts of law principles. Any controversies arising out of the Agreement shall be submitted only to the courts of State of New York. The Participant hereby submits to the courts of State of New York for the purposes of interpretation and enforcement of this Application and its Terms and Conditions. 22. Assignment. This Agreement may not be assigned by the Participant without the express written consent of RG&E. 23. Amendment. There shall be no amendment to this Agreement or any Program guidelines as related to Participant's participation unless such is made by RG&E and mutually agreed upon by Participant and RG&E. 24. No Third -Party Beneficiaries. This Agreement does not grant any rights to any third parties. 25. Entire Agreement. This Agreement constitutes the entire agreement between RG&E and the Participant with respect to the subject matter hereof, and any and all previous representations or agreements with respect to such subject matter, either oral or written, are hereby annulled and superseded. In the event of any conflict or inconsistency between the Agreement and any other Program Materials, the Agreement shall be controlling. Participant has read, understands and agrees to these Terms and Conditions Participant Signature: Printed Name: RACY' F f T 2/ 17Z.J tl Date: _ 7124/LeZ2. DocuSign Envelope ID: 9578F951-2B3A-4547-82E5-E01FDCD55DB3 016 RG&E 7/12/2022 Dear Town of Irondequoit Marine Bay Park, Desiree Cottle Energy Specialist Thank you for applying for the Rochester Gas & Electric (RG&E) Electric Vehicle Make -Ready Program. After review of your application submitted on 7/8/2022, we have determined that the project located at 4991 Culver Rd., Rochester, is eligible to receive certain incentives for make-ready infrastructure costs as indicated below. If your project is not eligible to receive the program incentives as proposed in your application, you may still be eligible for a portion of qualified incentives as indicated in the Application Status Description below. Our review process is based upon the criteria established in the New York Public Service Commission Order, Electric Vehicle Infrastructure Make -Ready Program, issued July 16, 2020 in Case # 18-E-0138. Charging equipment capability, public accessibility and location of the charging site in relation to Disadvantaged Communities are used to determine initial incentive eligibility. Additional information regarding incentives, as well as other pertinent program information can be found in the EV Make -Ready Program Participant Guide. Eligibility Review: ❑ 100% Eligibility • Publicly accessible non-proprietary DCFC sites located in or within 2 miles of a Disadvantaged Community (DAC) in RG&E's service area. • L2 sites in multi -unit dwellings (MUD) located in or within 2 miles of a Disadvantaged Community (DAC) in RG&E's service area. ❑X 90% Eligibility • Public locations, including municipal paid parking. • Locations where all plugs are standardized or where a proprietary plug type is collocated at a station with an equal number of commonly accepted standardized plug types of equal or greater simultaneous charging capacity. ❑ 50% Eligibility • Non-public locations, including workplace and privately -owned pay -to -park lots. • Locations where a station with proprietary plug types are not collocated with an equal number of commonly accepted standardized plug types of equal or greater simultaneous charging capacity. 89 East Avenue, Rochester, NY 14649 800.572.1111 www.nyseg.com �A► 'AVANGRID An equal opportunity employer Internal Use DocuSign Envelope ID: 9578F951-2B3A-4547-82E5-E01 FDCD55DB3 Cost Review: ❑ 85% or less Below Baseline Cost per Plug Criteria ® Meets Baseline Cost Criteria ❑ Above Baseline Cost Criteria Accessibility Review: ❑ Located in DAC ❑ Located in Regional Economic Development Council ("REDC") ❑ Located in DAC and REDC Application Status: ® Approved ❑ Conditionally Approved ❑ Waitlisted ❑ Rejected Application Status Description: Your application to RG&E's Electric Vehicle Make -Ready program has been approved for four eligible plugs. Because the chargers will be publicly accessible, the project qualifies for a 90% rebate of eligible make-ready costs as specified below. Estimated Incentive Award: Distribution Upgrade Costs Distribution Upgrade Costs as Determined by RG&E Eligibility Criteria Determination Make -Ready Incentives Not Applicable 90% _ Not Applicable Service Upgrade Costs Service Upgrade Costs as Determined by RG&E Eligibility Criteria Determination Make -Ready Incentives Not Applicable 90% Not Applicable Internal Use DocuSign Envelope ID: 9578F951-2B3A-4547-82E5-E01FDCD55DB3 11111* -1 RG&E Make Ready Incentives Eligible Make Ready Costs as Submitted by Participant Eligibility Criteria Determination Make -Ready Incentives (as modified by Application Status Description if applicable) $23,050.00 90% $20,745.00 Futureproofing Incentives Eligible Make Ready Costs Futureproofing Budget Cap Eligible Futureproofing Costs Futureproofing Costs as Submitted by Participant Futureproofing Incentives $23,050.00 10% $2,305.00 $0.00 $0.00 Total Incentives Make -Ready Incentives Futureproofing Incentives Distribution and/ or Service Upgrade Costs (Net of Total Incentives) Total Make -Ready and Futureproofing Incentives $20,745.00 $0.00 Not Applicable $20,745.00 This letter serves as the final incentive determination, as referenced in the Participation Agreement. When Participant and RG&E have both executed respectively, the Participation Agreement and this Application Approval, this letter will become an appendix to the Participant Agreement and incorporated by reference. Payout of final incentives are contingent on the execution of RG&E's Participant Agreement. If in its Application the Participant expressed an intention to assign, or has already assigned, its incentive to a third -party this letter shall serve as written approval from RG&E for such an assignment. Incentive Assignment: If in its Application, the Participant expressed an intention to assign its incentive to a third -party this letter shall serve as written approval from NYSEG for such an assignment. I wish to assign the right, title and interest to the incentive payment to a third party identified below: Yes `1 - No Initials eir 89 East Avenue, Rochester, NY 14649 800 572.1111 www.nyseg.com AVANGRID An equal opportunity employer Internal Use DocuSign Envelope ID: 9578F951-2B3A-4547-82E5-E01FDCD55DB3 If you checked "Yes" and initialed, your signature below assigns any right, title, or interest that you may have in the incentive payment to the third party indicated on your Application, "JACOMB, LLC.". cctiocife rick rosy enea+ W.FFE rx Signature Rick Rosa Ciir,BgiggX (Control) w V A91C9zE01454 Signature Kevin Duffy Name Name Manager, Electric Vehicle Programs Manager Business Analysis Performance Title Title For Part�nt 746-1/ Signature Name SGt petZ-V, r; Title Internal Use DocuSign Envelope ID: 158710C6-6366-4F23-A8EF-8AD701DEAD6B l RG&E 7/14/2022 Dear Town of Irondequoit Library, Desiree Cottle Energy Specialist Thank you for applying for the Rochester Gas & Electric (RG&E) Electric Vehicle Make -Ready Program. After review of your application submitted on 7/5/2022, we have determined that the project located at 1290 Titus Ave., Rochester, is eligible to receive certain incentives for make-ready infrastructure costs as indicated below. If your project is not eligible to receive the program incentives as proposed in your application, you may still be eligible for a portion of qualified incentives as indicated in the Application Status Description below. Our review process is based upon the criteria established in the New York Public Service Commission Order, Electric Vehicle Infrastructure Make -Ready Program, issued July 16, 2020 in Case # 18-E-0138. Charging equipment capability, public accessibility and location of the charging site in relation to Disadvantaged Communities are used to determine initial incentive eligibility. Additional information regarding incentives, as well as other pertinent program information can be found in the EV Make -Ready Program Participant Guide. Eligibility Review: ❑ 100% Eligibility • Publicly accessible non-proprietary DCFC sites located in or within 2 miles of a Disadvantaged Community (DAC) in RG&E's service area. • L2 sites in multi -unit dwellings (MUD) located in or within 2 miles of a Disadvantaged Community (DAC) in RG&E's service area. O 90% Eligibility • Public locations, including municipal paid parking. • Locations where all plugs are standardized or where a proprietary plug type is collocated at a station with an equal number of commonly accepted standardized plug types of equal or greater simultaneous charging capacity. ❑ 50% Eligibility • Non-public locations, including workplace and privately -owned pay -to -park lots. • Locations where a station with proprietary plug types are not collocated with an equal number of commonly accepted standardized plug types of equal or greater simultaneous charging capacity. 89 East Avenue, Rochester, NY 14649 800 572.1111 www.nyseg.com /tivANGR I D An equal opportunity employer Internal Use DocuSign Envelope ID: 158710C6-63B6-4F23-A8EF-8AD701 DEAD6B Cost Review: ❑ 85% or less Below Baseline Cost per Plug Criteria ® Meets Baseline Cost Criteria ❑ Above Baseline Cost Criteria Accessibility Review: ® Located in DAC ❑ Located in Regional Economic Development Council ("REDC") ❑ Located in DAC and REDC Application Status: ® Approved ❑ Conditionally Approved ❑ Waitlisted ❑ Rejected Application Status Description: Your application to RG&E's Electric Vehicle Make -Ready Program has been approved for four eligible plugs. Because the chargers will be publicly accessible, the project qualifies for a 90% rebate of eligible make-ready work as specified below. Estimated Incentive Award: Distribution Upgrade Costs Distribution Upgrade Costs as Determined by RG&E Not Applicable Eligibility Criteria Determination Make -Ready Incentives 90% Not Applicable Service Upgrade Costs Service Upgrade Costs as Determined by RG&E Eligibility Criteria Determination Make -Ready Incentives Not Applicable 90% Not Applicable Internal Use DocuSign Envelope ID: 158710C6-63B6-4F23-A8EF-8AD701 DEAD6B RG&E Make Ready Incentives Eligible Make Ready Costs as Submitted by Participant Eligibility Criteria Determination Make -Ready Incentives (as modified by Application Status Description if applicable) $23,750.00 90% $21,375.00 Futureproofing Incentives Eligible Make Ready Costs Futureproofing Budget Cap Eligible Futureproofing Costs Futureproofing Costs as Submitted by Participant Futureproofing Incentives $23,750.00 10% $2,375.00 $0.00 $0.00 Total Incentives Make -Ready Incentives Futureproofing Incentives Distribution and/ or Service Upgrade Costs (Net of Total Incentives) Total Make -Ready and Futureproofing Incentives $21,375.00 $0.00 Not Applicable $21,375.00 This letter serves as the final incentive determination, as referenced in the Participation Agreement. When Participant and RG&E have both executed respectively, the Participation Agreement and this Application Approval, this letter will become an appendix to the Participant Agreement and incorporated by reference. Payout of final incentives are contingent on the execution of RG&E's Participant Agreement. If in its Application the Participant expressed an intention to assign, or has already assigned, its incentive to a third -party this letter shall serve as written approval from RG&E for such an assignment. Incentive Assignment: If in its Application, the Participant expressed an intention to assign its incentive to a third -party this letter shall serve as written approval from NYSEG for such an assignment. I wish to assign the right, title and interest to the incentive payment to a third party identified below: Yes 1( No Initials 89 East Avenue, Rochester, NY 14649 800.572.1111 www.nyseg.com 4 AVANGRID An equal opportunity employer Internal Use DocuSign Envelope ID: 158710C6-63B6-4F23-ABEF-8AD701DEAD6B If you checked "Yes" and initialed, your signature below assigns any right, title, or interest that you may have in the incentive payment to the third party indicated on your Application, "JACOMB, LLC.". ;cci (Control) N1bt Signature Signature Rick Rosa Kevin Duffy Name Name Manager, Electric vehicle Programs Manager Business Analysis Performance Title Title For Participant Signature /6-,4 y t/0 77t/6 Name s' 61. icy'. Title Internal Use DocuSign Envelope ID: 41A0EA0B-BC72-441C-BD07-BDEA94240BFB Tww RG&E 7/12/2022 Dear Town of Irondequoit Camp Eastman, Desiree Cottle Energy Specialist Thank you for applying for the Rochester Gas & Electric (RG&E) Electric Vehicle Make -Ready Program. After review of your application submitted on 7/8/2022, we have determined that the project located at 1301 Lake Shore Blvd., Rochester, is eligible to receive certain incentives for make- ready infrastructure costs as indicated below. If your project is not eligible to receive the program incentives as proposed in your application, you may still be eligible for a portion of qualified incentives as indicated in the Application Status Description below. Our review process is based upon the criteria established in the New York Public Service Commission Order, Electric Vehicle Infrastructure Make -Ready Program, issued July 16, 2020 in Case # 18-E-0138. Charging equipment capability, public accessibility and location of the charging site in relation to Disadvantaged Communities are used to determine initial incentive eligibility. Additional information regarding incentives, as well as other pertinent program information can be found in the EV Make -Ready Program Participant Guide. Eligibility Review: ❑ 100% Eligibility • Publicly accessible non-proprietary DCFC sites located in or within 2 miles of a Disadvantaged Community (DAC) in RG&E's service area. • L2 sites in multi -unit dwellings (MUD) located in or within 2 miles of a Disadvantaged Community (DAC) in RG&E's service area. El 90% Eligibility • Public locations, including municipal paid parking. • Locations where all plugs are standardized or where a proprietary plug type is collocated at a station with an equal number of commonly accepted standardized plug types of equal or greater simultaneous charging capacity. ❑ 50% Eligibility • Non-public locations, including workplace and privately -owned pay -to -park lots. • Locations where a station with proprietary plug types are not collocated with an equal number of commonly accepted standardized plug types of equal or greater simultaneous charging capacity. 89 East Avenue, Rochester, NY 14649 800.572.1111 www.nyseg.com AVANGRID An equal opportunity employer Internal Use DocuSign Envelope ID: 41A0EA0B-BC72-441C-BD07-BDEA94240BFB Cost Review: ❑ 85% or less Below Baseline Cost per Plug Criteria • Meets Baseline Cost Criteria E Above Baseline Cost Criteria Accessibility Review: ❑ Located in DAC ❑ Located in Regional Economic Development Council ("REDC") ❑ Located in DAC and REDC Application Status: ❑ Approved ❑ Conditionally Approved ❑ Waitlisted ❑ Rejected Application Status Description: Your application to RG&E's Electric Vehicle Make -Ready program has been approved for four eligible plugs. Because the chargers will be publicly accessible, the project qualifies for a 90% rebate of eligible make-ready costs as specified below. Estimated Incentive Award: Distribution Upgrade Costs Distribution Upgrade Costs as Determined by RG&E Eligibility Criteria Determination Make -Ready Incentives Not Applicable 90% Not Applicable Service Upgrade Costs Service Upgrade Costs as i Determined by RG&E Eligibility Criteria Determination Make -Ready Incentives Not Applicable 90% Not Applicable Internal Use DocuSign Envelope ID: 41A0EA0B-BC72-441C-BD07-BDEA94240BFB RG&E Make Ready Incentives Eligible Make Ready Costs as Submitted by Participant Eligibility Criteria Determination Make -Ready Incentives (as modified by Application Status Description if applicable) $23,000.00 90% $20,700.00 Futureproofing Incentives Eligible Make Ready Costs Futureproofing Budget Cap Eligible Futureproofing Costs Futureproofing Costs as Submitted by Participant Futureproofing Incentives $23,000.00 10% $2,300.00 $0.00 $0.00 Total Incentives Make -Ready Incentives Futureproofing Incentives Distribution and/ or Service Upgrade Costs (Net of Total Incentives) Total Make -Ready and Futureproofing Incentives $20,700.00 $0.00 Not Applicable $20,700.00 This letter serves as the final incentive determination, as referenced in the Participation Agreement. When Participant and RG&E have both executed respectively, the Participation Agreement and this Application Approval, this letter will become an appendix to the Participant Agreement and incorporated by reference. Payout of final incentives are contingent on the execution of RG&E's Participant Agreement. If in its Application the Participant expressed an intention to assign, or has already assigned, its incentive to a third -party this letter shall serve as written approval from RG&E for such an assignment. Incentive Assignment: If in its Application, the Participant expressed an intention to assign its incentive to a third -party this letter shall serve as written approval from NYSEG for such an assignment. I wish to assign the right, title and interest to the incentive payment to a third party identified below: Yes )( No Initials 89 East Avenue, Rochester, NY 14649 800.572.1111 www.nyseg.com AV4NGRID An equal opportunity employer Internal Use DocuSign Envelope ID: 41A0EA0B-BC72-441C-BD07-BDEA94240BFB If you checked "Yes" and initialed, your signature below assigns any right, title, or interest that you may have in the incentive payment to the third party indicated on your Application, "JACOMB, LLC.". "WV Fox1 E (Control) �i° do lent Ikutitn, P 5`,�AYf3't-uPrFesut a COnpiE9LE0.w5a_. Signature Signature Rick Rosa Name Manager, Electric Vehicle Programs Title For Participant Signatu 441 f l7 Zr' 4-7 c -1c Name Title Kevin Duffy Name Manager Business Analysis Performance Title Internal Use