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HomeMy WebLinkAbout2018_03_07 Town Board Meeting Packet TOWN BOARD MEETING WORKSESSION AGENDA WEDNESDAY, MARCH 7, 2018 5:00PM - CONFERENCE ROOM A 1. Discussion of Unpaid Taxes- Sweetwater Condominiums (See Attachment). 2. Discussion- Proposed Cold War Veterans Tax Exemption (See Attachment). 3. Update- Honeywell Energy Performance Contract (You will receive this document on Monday, March 5`h) 4. Appointments - Planning Board Membership (No Attachment). 5. New Business 6. Request for Executive Session \NORKSESSION ITEM 1 To: Members of the Town Board ccs Stephen V. Altieri, Town Administrator Anthony Siligato, Receiver of Taxes Pamela R. Valenza, Assessor From: William Maker, Jr.,Attorney for the Town Subject: Unpaid taxes on parking spaces at Sweetwater Condominium Date: March 2, 2018 Page Two Unknown to the Town, the Excess Spaces were being sold individually. This meant that the person acquiring one of the Excess Spaces was not receiving tax bills from the Town or the School District since only one such bill was sent and that bill went to Mamaroneck Partners, LP. This situation was rectified on the 2016 assessment roll. At that point, the Town subdivided the one lot of Excess Spaces into 21 separate tax lots, one for each Excess Space. By 2017, the Town became aware that there really are 27 Excess Spaces and accordingly increased the number of tax lots of Excess Spaces by 6. The subdivision of the one lot into 21 and then 27 solved the problem starting with the 2017 tax bills. At issue are the taxes for the years before 2017. Those were based upon 2013, 2014 and 2015 assessment rolls that showed the Excess Spaces as one lot. After paying the Town and County tax for 2014 in April of that year, Mamaroneck Partners, LP must have realized that it had paid taxes for parking spaces that it no longer owned. It did not pay the Town and County taxes for 2015 and 2016 and the School taxes for the 2014/2015, 2015/2016 and 2016/2017 tax years. Tony Siligato and Pamela Valenza have been discussing this situation with the attorney representing Mamaroneck Partners, LP, particularly the confusion caused by the creation of different tax lots by the Town and by the Village on their respective assessment rolls, the Village's cessation as an assessing unit and the failure of the Town to send bills to the owners of those Excess Spaces that had been sold. The attorney for Mamaroneck Partners, LP has had the persons who own some of the Excess Spaces either to deliver or commit to deliver to him funds sufficient to pay a ratable share of the unpaid taxes, without interest and penalties. He has received the balance of the principal due from his client. He has asked to be allowed to pay this amount in full satisfaction of the amounts outstanding. The total amount due, including interest and penalties, as of March 31,2018 is $41, 673.59, of which $11,202.71 is interest and penalties. Thus, the amount that the taxpayers are offering to pay to resolve this issue is $30,470.88. Although not precisely the same, this case is reminiscent of the Rothaus situation. There the Town had issued separate tax bills for 2 contiguous lots, both owned by Dr. Rothaus; however the bills for one of the two lots were never sent to Dr. Rothaus but were sent to To: Members of the Town Board To: Members of the Town Board ccs Stephen V. Altieri, Town Administrator Anthony Siligato, Receiver of Taxes Pamela R. Valenza, Assessor From: William Maker, Jr., Attorney for the Town Subject: Unpaid taxes on parking spaces at Sweetwater Condominium Date: March 2, 2018 Page Three the former owner of that lot. Since Dr. Rothaus had never received the tax bills for the one lot, the taxes fell into arrears and the lot was taken by the Town in the In rem proceeding. When this matter was brought to the Town Board's attention in April of 2017, it resolved to waive its title to the lot in exchange for Dr. Rothaus paying the unpaid arrears without interest and penalties, which she did. Tony, Pamela and I recommend that the Town Board resolve to do likewise here; provided that payment of$30,470.88 is received by the Town no later than Friday, March 30, 2018. WORKSESSION ITEM 2 Local Law No. -2018 This local law shall be known as the "Conversion of a temporary partial exemption for Cold War Veterans to a permanent partial exemption for Cold War Veterans" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 -Purpose: By Chapter 290 of the Laws of 2017, the State of New York amended section 458-b of the Real Property Tax Law to authorize local governments to allow Cold War veterans to be eligible for the Cold War veteran partial exemption for as long as they qualify for the exemption. Before this amendment, the exemption lasted for only 10 years. The County of Westchester has passed a local law eliminating the duration of the partial exemption. This local law does likewise for the Town tax. Presently there are 36 persons in the Town who receive this exemption. The savings in Town tax for these veterans is less than$10,000 per year. Section 2-Amendment of current sections of the Mamaroneck Code: Sections 195-29 through and including 195-33 of the Code of the Town of Mamaroneck hereby are repealed and the following substituted in its place: §195-29 Purpose. The purpose of this article is to create a partial exemption from real estate taxes levied by the Town of Mamaroneck on property owned by a person who(i) served on active duty in the United States Armed Forces during the time period from September 2, 1945 to December 26, 1991, (ii) was discharged or released therefrom under honorable discharge conditions and (iii) satisfies any other requirements set forth in §458-b of the New York Real Property Tax Law. This article makes the Code of the Town of Mamaroneck consistent with section 473.331 of the Laws of Westchester County. §195-30 Definitions. As used in this article: ACTIVE DUTY Full-time duty in the armed forces,other than active duty for training. ARMED FORCES The United States Army, Navy,Marine Corps,Air Force and Coast Guard. 1 • COLD WAR VETERAN A person who (i) served on active duty in the armed forces during the time period from September 2, 1945 to December 26, 1991, (ii) was discharged or released therefrom under honorable conditions and (iii) satisfies any other requirements set forth in §458-b 1(a) of the New York Real Property Tax Law. QUALIFIED OWNER A Cold War veteran, the spouse of a Cold War veteran or the surviving spouse of a deceased Cold War veteran who remains unmarried. Where property is owned by more than one qualified owner, the exemption to which each is entitled may be combined.Where a Cold War veteran is also the surviving spouse of a Cold War veteran and has not remarried, such person may also receive any exemption to which the deceased spouse was entitled. QUALIFIED RESIDENTIAL REAL PROPERTY Property owned by a qualified owner which is used exclusively for residential purposes; provided, however, if any portion of such property is not used exclusively for residential purposes,but is used for other purposes, such portion shall be subject to taxation and only the portion used exclusively for residential purposes shall qualify for the exemption provided by this article. Such property must be the primary residence of the qualified owner; unless the qualified owner is absent from the property due to medical reasons or institutionalization subject to such time limitations, if any, as are set forth in §458-bl(f) of the New York Real Property Tax Law. LATEST CLASS RATIO The latest final class ratio established by the New York State Board of Real Property Tax Services pursuant to Title One of Article 12 of the New York Real Property Tax Law for use in a special assessing unit as defined in§1801 of the New York Real Property Tax Law. LATEST STATE EQUALIZATION RATE The latest final equalization rate established by the New York State Board of Real Property Tax Services for the Town of Mamaroneck pursuant to Article 12 of the New York Real Property Tax Law. SERVICE CONNECTED Disability incurred or aggravated in the line of active duty, or death resulting from a disability incurred or aggravated in the line of active duty. 2 §195-31 Application for exemption. An application for the exemption authorized by this article shall be made by the qualified owner, or all of the qualified owners, of qualified residential real property on a form prescribed by the New York State Board of Real Property Tax Services. The qualified owner or owners shall file the completed form in the assessor's office. The assessor shall determine the applicant's eligibility for the exemption authorized by this article as of the first taxable status date following the submission of a complete application therefor. The applicant shall be required to refile at such times and under such circumstances as may be set forth in §458-b (4) of the New York Real Property Tax Law. Any person convicted of willfully making any false statement in the application for such exemption shall be subject to the penalties prescribed in the New York Penal Law. §195-32 Amount of exemption;limitations. A. Qualified residential real property shall be exempt from taxation to the extent of 15% of the assessed value of such property; provided, however, that such exemption shall not exceed $54,000 or the product of$54,000 multiplied by the latest state equalization rate, or, in the case of a special assessing unit,the latest class ratio,whichever is less. B. In addition to the exemption provided by this article, where the Cold War veteran received a compensation rating from the United States Department of Veterans Affairs or from the United States Department of Defense because of a service-connected disability, qualified residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property multiplied by 50%of the Cold War veteran disability rating; provided however, that such exemption shall not exceed $180,000 or the product of $180,000 multiplied by the latest state equalization rate, or, in the case of a special assessing unit, the latest class ratio, whichever is less. C. If a Cold War veteran receives an alternative veterans' exemption under Article VI of this chapter,the Cold War veteran shall not be eligible to receive an exemption under this article. §195-33 Duration of exemption. The exemption provided by this article shall be granted for as long as a qualified owner owns a qualified residential real property. Exemptions provided by this article in existence prior to January 1, 2018 shall not expire on their tenth (10th) anniversary but shall continue for as long as the qualified owner owns a qualified residential real property, without the qualified owner having to file another application. Section 3—Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. 3 Section 4-Effective Date: This Local Law shall become effective upon filing with the Secretary of State. 02/16/18 4 i own or mamaroneci , N Y Cold War Veterans Exemption Page 1 of 2 Chapter 195 Taxation Article VII: Cold War Veterans Exemption [Adopted 5-7-2008 by L.L. No. 2-2008[1]) [1] Editor's Note: This local law also provided for the redesignation of former Art. VII,Persons With Disabilities and Limited Incomes Tax Exemption,to Art. VIII. § 195-29 Purpose. The purpose of this article is to create a temporary partial exemption from real estate tax levied by the Town of Mamaroneck on property owned by a person who served on active duty in the United States Armed Forces during the time period from September 2, 1945 to December 26, 1991, was discharged or released therefrom under honorable discharge conditions and satisfies any other requirements set forth in §458-b1(a) of the New York Real Property Tax Law. Such section would conform the Code of the Town of Mamaroneck and to the new Article III in Chapter 473 of the Laws of Westchester County that was enacted by Westchester County's Local Law No.1 of 2008. § 195-30 Definitions. As used in this article: ACTIVE DUTY Full-time duty in the armed forces,other than active duty for training. ARMED FORCES The United States Army, Navy,Marine Corps,Air Force and Coast Guard. COLD WAR VETERAN A person,male or female,who served on active duty in the armed forces during the time period from September 2,1945 to December 26,1991,was discharged or released therefrom under honorable conditions and satisfies any other requirements set forth in§458-b1(a)of the New York Real Property Tax Law. QUALIFIED OWNER A Cold War veteran, the spouse of a Cold War veteran or the unremarried surviving spouse of a deceased Cold War veteran. Where property is owned by more than one qualified owner, the exemption to which each is entitled may be combined. Where a Cold War veteran is also the unremarried surviving spouse of a Cold War veteran,such person may also receive any exemption to which the deceased spouse was entitled. QUALIFIED RESIDENTIAL REAL PROPERTY Property owned by a qualified owner which is used exclusively for residential purposes;provided,however, if any portion of such property is not used exclusively for residential purposes, but is used for other purposes, such portion shall be subject to taxation and only the portion used exclusively for residential purposes shall qualify for the exemption provided by this article. Such property must be the primary residence of the qualified owner; unless the qualified owner is absent from the property due to medical reasons or institutionalization subject to such time limitations,if any,as are set forth in§458-b1(f) of the New York Real Property Tax Law. LATEST CLASS RATIO The latest final class ratio established by the New York State Board of Real Property Tax Services pursuant to Title One of Article 12 of the New York Real Property Tax Law for use in a special assessing unit as defined in §18o1 of the New York Real Property Tax Law. LATEST STATE EQUALIZATION RATE https://ecode360.com/9232564 2/16/2018 I own or lviamaronecx, IN T Low war v Clera11J Exemption i azt.. vi The latest final equalization rate established by the New York State Board of Real Property Tax Services for the Town of Mamaroneck pursuant to Article 12 of the New York Real Property Tax Law. SERVICE CONNECTED With respect to disability or death, that such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated,in the line of duty on active military,naval or air service. § 195-31 Amount of exemption; limitations. A. Qualified residential real property shall be exempt from taxation to the extent of 15% of the assessed value of such property; provided, however, that such exemption shall not exceed $54,000 or the product of $54,000 multiplied by the latest state equalization rate, or, in the case of a special assessing unit, the latest class ratio, whichever is less. [Amended 4-23-2014 by Ord. No. 1-2015] B. In addition to the exemption provided by§195-31A,where the Cold War veteran received a compensation rating from the United States Department of Veterans Affairs or from the United States Department of Defense because of a service-connected disability, qualified residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property multiplied by 5o%of the Cold War veteran disability rating; provided however,that such exemption shall not exceed $i8o,000 or the product of$i8o,000 multiplied by the latest state equalization rate, or, in the case of a special assessing unit,the latest class ratio,whichever is less. [Amended 4-23-2014 by Ord. No. 1-2015] C. If a Cold War veteran receives an alternative veterans'exemption under Article VI of this chapter,the Cold War veteran shall not be eligible to receive an exemption under this article. § 195-32 Duration of exemption. The exemption provided by §195-31 shall be granted for a period of io years. The commencement of such ten-year period shall be governed pursuant to this section. Where a qualified owner owns qualified residential real property on the effective date of this article, such ten-year period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring on or after the effective date of this article. Where a qualified owner does not own qualified residential real property on the effective date of this article,such ten-year period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring at least 6o days after the date such qualified owner purchases qualified residential real property; provided, however, that should the Cold War veteran apply for and be granted an exemption on the assessment roll prepared pursuant to a taxable status date occurring within 6o days after the date of purchase of qualified residential real property,such ten-year period shall be measured from the first assessment roll in which the exemption occurs. If, before the expiration of such ten-year period, such property is sold and replaced with other qualified residential real property, such exemption may be granted for the unexpired portion of the ten-year exemption period. § 195-33 Application for exemption. Application for the exemption authorized by this article shall be made by the qualified owner, or all of the qualified owners,of qualified residential real property on a form prescribed by the New York State Board of Real Property Tax Services. The qualified owner or owners shall file the completed form in the assessor's office on or before the first appropriate taxable status date.They shall be required to refile at such times and under such circumstances as may be set forth in §458-b(4) of the New York Real Property Tax Law. Any person convicted of willfully making any false statement in the application for such exemption shall be subject to the penalties prescribed in the New York Penal Law. https://ecode360.com/9232564 2/16/2018 WORKSESSION ITEM 3 NO ATTACHMENT WORKSESSION ITEM 4 NO ATTACHMENT WORKSESSION ITEM 5 NO ATTACHMENT WORKSESSION ITEM 6 TOWN OF MAMARONECK TOWN BOARD AGENDA WEDNESDAY, MARCH 7, 2018 5:00PM TOWN BOARD WILL CONVENE IN CONFERENCE ROOM A TO DISCUSS: 1. Discussion of Unpaid Taxes - Sweetwater Condominiums 2. Discussion - Proposed Cold War Veterans Tax Exemption 3. Update - Honeywell Energy Performance Contract 4. Appointments - Planning Board Membership 5. New Business 6. Request for Executive Session 8:00PM CALL TO ORDER-COURTROOM RECOGNITION - LVAC Member Alex Rapp for Meritorious Service SUPERVISOR'S REPORT CITIZEN COMMENTS BOARD OF FIRE COMMISSIONERS 1. Salary Authorization - Fire Department 2. Other Fire Department Business AFFAIRS OF THE TOWN OF MAMARONECK 1. Waiver of Penalties- Sweetwater Condominiums 2. Authorization - Declaration of Surplus Vehicles 3. Set Public Hearing - Local Law Regarding Cold War Veterans Tax Exemption 4. Authorization - Snow Removal Contract-Westchester County Roads 5. Authorization - IMA-Westchester County 911 System 6. Appointment- Boards & Commissions 7. Consideration of Certiorari REPORTS OF THE COUNCIL TOWN CLERK'S REPORT NEXT REGULARLY SCHEDULED MEETING- March 21, 2018 & April 4, 2018 Any physically handicapped person needing special assistance in order to attend the meeting should contact the Town Administrator's office at 381-7810. FIRE COMMISSION FTEM 1 ��o \v A Town of Mamaroneck o ° Town Center W R 740 West Boston Post Road, Mamaroneck, NY 10543-3353 FOJNDED 1661 • TEL: 914/381-7810 •OFFICE OF THE TOWN ADMINISTRATOR FAX: 914/381-7809 sal ti eri@townofmamaroneckNY.org Memorandum To: Board of Fire Commissioners Re: Salary Authorization — Fire Department Date: March 2, 2018 There are two firefighter vacancies within the Fire Department at this time. The Fire Chiefs working with the Assistant Town Administrator have been reviewing candidates for the department. The department's Fire Council will be meeting on Monday evening to make a final recommendation for filling one of the two vacancies in the department. Therefore, we will provide a final recommendation to the Board on Tuesday. )/°. Stephen V.Altieri Town Administrator FIRE COMMISSION ITEM 2 N0 ~ - - - -__ - - - AFFAIRS OF THE TOWN ITEM 1 f. i i 0 IF s d ' " .., .. . __, , ,, , 4, _ , , 1, am ,,ik. 0 r k „ , : 1 ,, _ .., . , _ ., H S , 1 AFFAIRS OF THE TOWN ITEM 2 Town of Mamaroneck, NY Town Board Agenda Memorandum To: Stephen Altieri, Town Administrator From: Lou Martirano, Superintendent of High - r Date: February 16, 2018 Meeting Date: FEBRUARY 28, 2018 Subject: DECLARATION OF SURPLUS VEHICLES Authorization from the Town Board is hereby requested to declare the following eight(8) vehicles as surplus and to subsequently implement the Sale of Surplus Vehicles. The vehicles and equipment listed below are no longer required for town use. Once approved by the board, these vehicles will be sold through public auction. HIGHWAY DEPARTMENT 1994 CATERPILLAR IT28 Payloader FLEET#174 VIN# 3CL00776 Hours: 7000 Justification: unit outdated, replacement in 2018 CAP 1997 FREIGHTLINER 6W Dump Truck FLEET#223 VIN# 1FV6JLBBXVH827685 Miles: 57000 Justification: scheduled replacement; new unit purchased 2001 CHEVROLET Silverado Pick-Up FLEET#23 VIN#1 GCHK24U51 Z276807 Miles: 76000 Justification: scheduled replacement 2003 CHEVROLET 3500 4WD FLEET#205 VIN# 1GBJK34123E335761 Miles: 50000 Justification: scheduled replacement; new unit purchased(#250) 2008 FORD F250 Pick-Up FLEET#232 VI N# 1 FTSF21 RX8EC59450 Miles: 80000 Justification: scheduled replacement; replacement in 2018 CAP 2008 FORD F250 Pick-Up FLEET#236 VIN# 1 FTSF21 R88EE40420 Miles: 42000 Justification: scheduled replacement; replacement in 2018 CAP POLICE DEPARTMENT 2005 JEEP Grand Cherokee (Car 16) FLEET#27 VIN#1J4GR 48K85C668761 Miles: 195000 Justification: to be replaced by Fleet 28 2007 FORD Crown Victoria (Car 20) FLEET#10 VIN#2FAHP71W97X1422360 Miles: 56000 Justification: replaced by new vehicle in service Action You Would Like the Town Board to Take: Approval of the Board to declare these vehicles as surplus for the purpose of implementing Sale of Surplus Vehicles Town of Mamaroneck, NY Town Board Agenda Memorandum To: Stephen Altieri, Town Administrator From: Lou Martirano, Superintendent of Highways Date: February 16, 2018 Meeting Date: MARCH 7, 2018 Subject: DECLARATION OF SURPLUS VEHICLES 2018 Authorization from the Town Board is hereby requested to declare the following nine (9) vehicles as surplus and to subsequently implement the Sale of Surplus Vehicles. The vehicles and equipment listed below are no longer required for town use. Once approved by the board, these vehicles will be sold through public auction. HIGHWAY DEPARTMENT 1994 CATERPILLAR IT28 Pm/loader FLEET#174 VIN# 3CL00776 Hours: 7000 Justification: unit outdated, replacement in 2018 CAP 1997 FREIGHTLINER 6W Dump Truck FLEET#223 VIN# 1 FV6JLBBXVH827685 Miles: 57000 Justification: scheduled replacement; new unit purchased 2001 CHEVROLET Silverado Pick-Up FLEET#23 VIN#1 GCHK24U51 Z276807 Miles: 76000 Justification: scheduled replacement 2003 CHEVROLET 3500 4WD FLEET#205 VI N# 1GBJK34123E335761 Miles: 50000 Justification: scheduled replacement; new unit purchased(#250) 2008 FORD F250 Pick-Up FLEET#232 VI N# 1 FTSF21 RX8EC59450 Miles: 80000 Justification: scheduled replacement; 2018 CAP 2008 FORD F250 Pick-Up FLEET#236 VI N# 1 FTSF21 R88EE40420 Miles: 42000 Justification: scheduled replacement; 2018 CAP POLICE DEPARTMENT 2005 JEEP Grand Cherokee (Car 16) FLEET#27 VI N#1 J4GR48K85C668761 Miles: 195000 Justification: scheduled replacement; 2018 CAP 2006 FORD Expedition (Car 6) FLEET#72 VI N# 1FMPU16556LA72438 Miles: 63339 Justification: replaced by new vehicle in service 2007 FORD Crown Victoria (Car 20) FLEET#10 VI N#2FAHP71W97X1422360 Miles: 56000 Justification: replaced by new vehicle in service Action You Would Like the Town Board to Take: Approval of the Board to declare these vehicles as surplus for the purpose of implementing Sale of Surplus Vehicles AFFAIRS OF THE TOWN ITEM 3 Documents Under Work Session 2 AFFAIRS OF THE TOWN ITEM 4 o �o o Town of Mamaroneck z w 1 n' Town Center ~FOUNDED 1661 740 West Boston Post Road, Mamaroneck, NY 10543-3353 TEL: 914/381-7810 OFFICE OF THE TOWN ADMINISTRATOR FAX: 914/381-7809 saltieri@townofinamaroneckNY.org Memorandum To: Supervisor & Town Board Re: Authorization—Westchester County Contract—Snow and Ice Control on County Roads Date: March 2, 2018 Within the Town of Mamaroneck there are 1.66 miles of county owned roadways. Specifically, Murray Avenue (.96) and Palmer Avenue (.70) are the county roadways within the unincorporated Town. There has been a continuing agreement between the County of Westchester and the Town of Mamaroneck for the Town to assume responsibility for snow and ice control on these roadways. Attached is a proposed agreement for the continued reimbursement to the Town of Mamaroneck for snow and ice control services. In the back of the contract are two schedules for reimbursement (schedule A and schedule B). The Town is entitled to the higher rate of reimbursement because it has an indoor salt storage facility. ACTION REQUESTED: THAT THE TOWN BOARD APPROVE THE CONTRACT BETWEEN THE COUNTY OF WESTCHESTER AND THE TOWN OF MAMARONECK FOR THE PERIOD 2015 THROUGH 2020 FOR THE TOWN TO REMOVE SNOW AND ICE ON COUNTY ROADS. FURTHER THAT THE TOWN ADMINISTRATOR BE AUTHORIZED TO EXECUTE THE AGREEMENT. )efr------- ----- Stephen V. Altieri Town Administrator • Agreement No. 15-958, 1st Amendment • THIS AMENDMENT made this 1 stday of March , 2018 by and between THE COUNTY OF WESTCHESTER, a municipal corporation of the State of New York, having an office and place of business in the Michaelian Office Building, 148 Martine Avenue, White Plains,New York 10601 (hereinafter referred to as the"County") and THE TOWN OF MAMARONECK, a municipal corporation of the State of New York, having offices at 740 West Boston Post Road, Mamaroneck,New York 10543 (hereinafter referred to as the "Municipality") WITNESSETH: WHEREAS, the County entered into an agreement with the Municipality(the"Agreement") pursuant to which the Municipality agreed to provide removal of snow and ice from designated County roads within the Municipality to provide for reasonable passage and movement of vehicles over such roads (the"Services") for the period from October 1, 2015 through September 30,2020 at specified rates as set forth in the Agreement; and WHEREAS,the County has determined that clarification concerning the scope of Services is necessary, that an increase in the rates paid to the Municipality for the Services is appropriate, and that termination for convenience should be mutual; and WHEREAS,the parties now desire to amend the Agreement for the limited purpose of 1) clarifying the scope of Services; 2)increasing the rates payable to the Municipality for Services rendered; and 3)making termination for convenience mutual. NOW,THEREFORE, in consideration of the promises and covenants herein, the parties agree as follows: 1. The parties desire to amend the Agreement in order to clarify the scope of Services to be rendered. Accordingly,the following subparagraph shall be inserted after the first subparagraph of Paragraph"SECOND"of the Agreement: "The Municipality shall not be required to provide the following services: filling pot holes, removal of trash, removal of dead animals, grass and weed cutting, maintenance and repair of guide rails, or graffiti removal upon County roads as • identified in Schedule `D', unless damage to County property is caused by the Municipality, its employees, agents or contractors." 2. The parties desire to further amend the Agreement in order to increase the rates payable to the Municipality for Services rendered. Accordingly, subparagraph (iv)of Paragraph "THIRD"of the Agreement is deleted in its entirety. In addition, Schedules"A"and`B" attached to the Agreement shall be replaced with Schedules "A"and `B"attached to this Amendment. 3. The parties desire to further amend the Agreement in order make termination for convenience mutual. Accordingly, the first full paragraph of Paragraph"SEVENTH"of the Agreement is hereby deleted in its entirety and the following substituted in its place: "Either party, upon thirty (30) days written notice to the other, may terminate this Agreement in whole or in part when deemed to be in its best interest. Subject to the availability of funds, the Municipality shall be compensated for services rendered under this Agreement prior to the effective date of such termination." 4. Except as otherwise specifically provided herein, all other terms and conditions of the Agreement shall remain in full force and effect upon the parties. 5. This Amendment shall not be enforceable until signed by both parties and approved by the Office of the County Attorney. IN WITNESS WHEREOF, the parties hereto have agreed and caused this Amendment to be executed. THE COUNTY OF WESTCHESTER By: Hugh J. Greechan, P.E. Commissioner of Public Works and Transportation THE TOWN OF MAMARONECK By: Name: Stephen V. Altieri Title: Town Administrator 2 Approved by the Westchester County Board of Legislators by Act No. 2017- 140 adopted on the 176 day of July, 2017 Approved by the Board of Acquisition and Contract of the County of Westchester on the 5th day of October, 2017 Approved as to form and manner of execution: Assistant County Attorney County of Westchester 3 MUNICIPALITY'S ACKNOWLEDGEMENT STATE OF NEW YORK ) ) ss.: COUNTY OF WESTCHESTER) On this 8a' day of MARCH 2018,before me personally came STEPHEN V. ALTIERI , to me known, and known to me to be the TOWN ADMINISTRATOR of THE TOWN OF MAMARONECK the municipal corporation described in and which executed the within instrument,who being by me duly sworn did depose and say that he,the said TOWN ADMINISTRATOR resides at WHITE PLAINS. NEW YORK and that he is TOWN ADMINISTRATOR of said municipal corporation. Notary Public County CERTIFICATE OF AUTHORITY (Municipality) • I, _CHRISTINA BATTALIA (Officer Other Than Officer Signing Contract) certify that I am the TOWN CLERK OF THE TOWN OF MAMARONECK (Title,Name of Municipality) (the"Municipality")a corporation duly organized in good standing under the LAWS OF THE STATE OF NEW YORK (Law under which organized,e.g.,the New York Village Law,Town Law,General Municipal Law) named in the foregoing agreement that STEPHEN V.ALTIERI (Person executing agreement) who signed said agreement on behalf of the Municipality was, at the time of execution TOWN ADMINISTRATOR of the Municipality, (Title of such person) that said agreement was duly signed for on behalf of said Municipality by authority of its TOWN BOARD (Town Board,Village Board,City Council) thereunto duly authorized,and that such authority is in full force and effect at the date hereof. (Signature) STATE OF NEW YORK ) ) ss.: COUNTY OF WESTCHESTER) On this _1S` day of MARCH 2018, before me personally came CHRISTINA BATTALIA whose signature appears above,to me known, and know to be the TOWN CLERK of THE TOWN OF MAMARONECK (title) The municipal corporation described in and which executed the above certificate,who being by me duly sworn did depose and say that she,the said TOWN CLERK resides at LARCHMONT,NEW YORK , and that she is the TOWN CLERK of said municipal corporation. (title) Notary Public County SCHEDULE "A" WITHOUT"208"INCENTIVE For the period October 1, 2015—September 30, 2016 • $2,228.00 per mile for 2 lane roads • $2,938.00 per mile for 3 lane roads • $3,248.00 per mile for 4 lane roads For the period October 1,2016—September 30,2017 • $2,339.00 per mile for 2 lane roads • $3,085.00 per mile for 3 lane roads • $3,410.00 per mile for 4 lane roads For the period October 1,2017—September 30, 2018 • $2,479.00 per mile for 2 lane roads • $3,270.00 per mile for 3 lane roads • $3,615.00 per mile for 4 lane roads For the period October 1, 2018— September 30, 2019 • $2,677.00 per mile for 2 lane roads • $3,532.00 per mile for 3 lane roads • $3,904.00 per mile for 4 lane roads For the period October 1,2019—September 30,2020 • $2,892.00 per mile for 2 lane roads • $3,815.00 per mile for 3 lane roads • $4,216.00 per mile for 4 lane roads SCHEDULE "B" WITH "208" INCENTIVE For the period October 1, 2015—September 30, 2016 • $3,441.00 per mile for 2 lane roads • $4,474.00 per mile for 3 lane roads • $5,011.00 per mile for 4 lane roads For the period October 1, 2016—September 30, 2017 • $3,613.00 per mile for 2 lane roads • $4,698.00 per mile for 3 lane roads • $5,262.00 per mile for 4 lane roads For the period October 1, 2017—September 30, 2018 • $3,830.00 per mile for 2 lane roads • $4,980.00 per mile for 3 lane roads • $5,578.00 per mile for 4 lane roads For the period October 1, 2018—September 30, 2019 • $4,136.00 per mile for 2 lane roads • $5,378.00 per mile for 3 lane roads • $6,024.00 per mile for 4 lane roads For the period October 1,2019—September 30, 2020 • $4,467.00 per mile for 2 lane roads • $5,808.00 per mile for 3 lane roads • $6,506.00 per mile for 4 lane roads AFFAIRS OF THE TOWN ITEM 5 o4 X49 s o Town of Mamaroneck w r Town Center •FOUNDED 1661 740 West Boston Post Road, Mamaroneck, NY 10543-3353 TEL: 914/381-7810 OFFICE OF THE TOWN ADMINISTRATOR FAX: 914/381-7809 saltieri@townofmamaroneckNY.org Memorandum To: Supervisor &Town Board Re: Authorization — Intermunicipal Agreement Westchester County— Enhanced 911 Date: March 2, 2018 The County of Westchester currently assumes responsibility for the operation and maintenance of the Enhanced Emergency 911 System in Westchester County. Attached is a proposed extension agreement between the County of Westchester and the Town of Mamaroneck for the continued operation of the system. Under the terms of the agreement, the County assumes responsibility for the maintenance of the 911 equipment in the Town of Mamaroneck Police Headquarters. The Town's Police Headquarters serves as the primary public safety answering point in the 911 system. The Town's responsibility is to provide for the continuous manning of the 911 system in the Town. As you are aware, the Police desk is manned 24 hours a day, 365 days a year. The partnership between the Town and the County for the E911 system has worked well and • therefore it would be appropriate to continue our arrangement with the County. ACTION REQUESTED: THAT THE TOWN BOARD APPROVE THE AGREEMENT BETWEEN WESTCHESTER COUNTY AND THE TOWN OF MAMARONECK FOR THE OPERATION OF THE ENHANCED 911 SYSTEM AND THAT THE TOWN ADMINISTRATOR BE AUTHORIZED TO EXECUTE THE AGREEMENT. Stephen V.Altieri Town Administrator IT-1524 AGREEMENT made this _ day of , 2018 by and between: THE COUNTY OF WESTCHESTER, a municipal corporation of the State of New York, having an office and place of business in the Michaelian Office Building, 148 Martine Avenue, White Plains,New York, 10601 (hereinafter referred to as the"County") and THE TOWN OF MAMARONECK, a municipal corporation of the State of New York, having an office and place of business at 740 W. Boston Post Road,Mamaroneck,New York 10543 (hereinafter referred to as the "Municipality") WITNESSETH: WHEREAS,the County currently has a contract with Carousel Industries of North America, Inc. (hereinafter referred to as the "Carousel Industries"), for the installation and operation of Enhanced 911 Service equipment; and WHEREAS,the County is currently receiving services from Verizon for the installation and operation of Enhanced 911 Service network(lines and trunks required); and WHEREAS, by Act No. 183 -2017,the Board of Legislators authorized the County Executive to enter into this Agreement and into similar agreements with 44 other local municipalities for the provision of Enhanced 911 Service for a five(5)year term commencing on October 1,2017 and continuing through September 30, 2022; and WHEREAS,the governing board of the Municipality by Resolution adopted on the day of , 2018, has likewise authorized this Agreement. NOW, THEREFORE, it is mutually agreed by and between,the parties hereto as follows: 1. Public Safety Answering Points (PSAP's). (a) Municipality will staff and operate a primary Public Safety Answering Point at its Police Headquarters or (b) Municipality will contract with the Appropriate State Police Agency or another Municipality to staff and operate a primary Public Safety Answering Point(whichever is appropriate)and if appropriate (c) Municipality will staff and operate a Public Safety Answering Point at its Fire or Police Department Headquarters or (d) Municipality will contract with the appropriate Fire District or Police Department to staff and operate a Public Safety Answering Point and (e) Municipality will be solely responsible for the cost and expense of providing the necessary space,heat, electricity, air conditioning,water, furniture, furnishings and remodeling, if any, for the primary and secondary PSAP's they operate or contract for as specified in Exhibit A attached hereto and a part hereof and (f) County will staff and operate Public Safety Answering Points at the County Fire Control and Training Center in Valhalla and the County Public Safety Headquarters in Hawthorne. County will be solely responsible for the cost and expense of providing the necessary space,heat, electricity, air conditioning,water, furniture, furnishings and remodeling, if any, for these County operated PSAP's. 2. Network and Terminal Equipment. The network(lines and trunks required) for the E911 system will be installed and maintained by Verizon at the sole cost and expense of County, while the terminal equipment will be installed and maintained by Carousel at the sole cost and expense of the County. In addition to responsibility for these non-recurring costs,County will be solely responsible for the cost and expense of the monthly rates and charges for all associated exchange services and private line service (including mileage charges), as contained in Verizon's tariff as in effect from time to time. Any E911 equipment leased by County will remain the property of County. The County intends to continue to recover all non-recurring and monthly charges by continuing to impose a surcharge on all telephone customers in the County as permitted by State Legislation and County Legislation. 3. Personnel. (a) Municipality will staff its Public Safety Answering Points with its own employees or contract for same. They will be responsible for receiving E911 calls; deciding what emergency services to dispatch;dispatching them; and/or, in appropriate cases, transferring calls to other PSAP's. Municipality will be solely responsible for the acts and omissions, if any, of its employees or contractors in the operation of Public Safety Answering Points and will not hold County liable therefor. Sufficient personnel will be provided or contracted for by Municipality to handle incoming calls adequately 24 hours per day, every day of the year. (b) County will staff its Public Safety Answering Points with its own employees. They will be responsible for receiving calls appropriate transferred by other PSAP's, deciding what emergency services are to be dispatched; dispatching them; and/or, in appropriate cases, transferring calls to other PSAP's. County will be solely responsible for the acts and omissions, if any, of its employees in the operation of its Public Safety Answering Points and will not hold Municipality liable therefor. Sufficient personnel will be provided by County to handle incoming calls adequately 24 hours per day,every day of the year. (c) County will also staff the position of E911 Coordinator with its own employee. The Coordinator will be responsible for working with Liaisons appointed by each Municipality to implement, maintain and enhance the E911 system. The Coordinator will be responsible for directing the efforts of Municipal Liaisons in providing Company with street names and numbers, and emergency services providers for each Municipality including updates of same. The Coordinator will also schedule all training of PSAP operators,to be conducted by Carousel Industries, on how to operate the E911 equipment and system. County will be solely responsible for the acts and omissions, if any, of its employee,while acting as the E911 coordinator and will not hold Municipality liable therefor. 4. System Integrity. (a) Municipality shall have the responsibility of discovering all errors,defects and malfunctions and assumes the duty of and will make such tests as, in the judgment of Municipality, are required to determine whether the E911 system is functioning properly at PSAPs. Municipality shall promptly notify County and Carousel Industries in the event the system is not functioning properly. (b) County shall have the responsibility of discovering all errors,defects and malfunctions and assumes the duty of and will make such tests as, in the judgment of County, are required to determine whether the E911 system is functioning properly at its PSAPs, County shall promptly notify Carousel Industries and Municipality in the event the system is not functioning properly. 5. Use of 60 Control. The primary PSAP (Municipality) shall answer the E911 phone lines in the following manner: "Nine-One-One (911)what is the emergency?" If the call is a primary fire or EMS related request and 60-Control (The Westchester County Department of Emergency Services' Emergency Communications Center(ECC))dispatches local Fire and/or EMS (Ambulance) Service,the primary PSAP will tell the caller to "stay on the line"and immediately transfer the ANUALI data and conference the caller to 60 Control or other appropriate secondary PSAP. The primary PSAP may stay on the line to collect and request specific information from the caller if needed. This process will avoid any potential delays in dispatching the appropriate first response, fire or EMS personnel. If a caller is contacting the PSAP via a seven digit(administrative) line and they are calling for a fire or EMS related emergency,the PSAP shall conference the caller with the appropriate secondary PSAP. 6. Insurance and Indemnification. In addition to, and not in limitation of the insurance provisions contained in Schedule "B"of this Agreement, the Municipality agrees: (a) to indemnify, hold harmless and defend the County against any and all liability, loss, damage, claim, suit or expense of any kind which the County may directly or indirectly incur, suffer or be required to pay by reason or in consequence of the fault, failure, omission or negligence of Municipality to carry out its duties under this Agreement. (b) The County agrees to indemnify, hold harmless and defend the Municipality against any and all liability, loss,damage, claim, suit or expense of any kind which the Municipality may directly or indirectly incur, suffer or be required to pay by reason or in consequence of the fault, failure, omission or negligence of the County, its officers, agents and/or employees, including the failure of the County to carry out its duties under this Agreement. (c) If a claim or action is made or brought against either party for which the other party may be responsible hereunder in whole or in part, such other party shall be immediately notified and shall be permitted to participate in the handling or defense of such matter. (d) Neither party shall be held in any way responsible to the other party for damages to the E911 System or interference with the services provided under this Agreement resulting from acts of God or other acts which are without the direct control of either party. 7. Term. This Agreement shall commence on October 1,2017 and terminate September 30,2022. 8. Offer and Contract Voidable. (a) If this Agreement has not been signed by the Municipality at a time when any one of the other municipalities in Schedule"A" should refuse to execute an agreement similar to the one herein, or if the County refuses to execute the above-described agreement with Carousel Industries or Verizon,the County may withdraw its offer to execute the agreement herein with the Municipality. Upon written notification by the County to the Municipality that the County is withdrawing its offer due to one of the reasons described herein,this offer shall immediately become void. (b) If this Agreement has been signed by the Municipality prior to a time when any one of the other municipalities in Exhibit"A"should negotiate and execute an agreement similar but modified to the one herein, or if the County refuses to execute the above-described agreement with Carousel Industries, or if the County terminates it's agreement with Carousel Industries,the parties hereto agree that the Municipality shall be given the opportunity to amend this agreement with regard to the modified terms. 9. Non-Emergency Communication System. In the event a non,-emergency communication system is implemented and utilized in the County,which system will allow callers to access local public safety departments by dialing a three digit telephone number,the Municipality expressly agrees to participate in such a system and to apply this Agreement to the introduction and operation of the non-emergency communication system. 10. Termination. The County may terminate this Agreement upon thirty(30) days notice to the Municipality. The Municipality may terminate this Agreement,with the prior written consent of the County, upon sixty (60) days notice and a showing by the Municipality that an alternative means is being provided. 11. Assignment of Agreement. This Agreement may not be assigned or transferred by the Municipality without first having obtained written approval thereof by the County. 12. Conflicts of Interest. This Agreement is subject to the provisions of Article 18 of the General Municipal Law of the State of New York, as amended. 13. Independent Contractor. (a) The Municipality agrees that it is and at all times shall be deemed an independent contractor and shall not, in any manner whatsoever,by its actions or deeds commit the County to an obligation irrespective of the nature thereof, and Municipality shall not at any time or for any purpose be deemed an employee of the County. (b) It is further understood and agreed that no agent, servant or employee of the Municipality shall, at any time or under any circumstances, be deemed to be an agent, servant or employee of the County. 14. Entire Agreement. This Agreement constitutes the entire and integrated agreement between and among the parties hereto and supersedes any and all prior negotiations, agreements and conditions, whether written or oral. Any modification or amendment to this Agreement shall be void unless it is in writing and subscribed by the party to be charged. 15. Invalidity. The parties intend all provisions of this Agreement to be in conformity with the laws of the State of New York and in the event that any court of competent jurisdiction shall rule to the contrary,this entire agreement shall become null and void. 16. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of New York. IN WITNESS WHEREOF,the parties hereto have executed this Agreement in triplicate. THE COUNTY OF WESTCHESTER By (Name and Title) MUNICIPALITY: By (Name and Title) Approved by the Westchester County Board of Legislators by Act No. 183 -2017 on the 16th day of October, 2017. Approved by the Board of Acquisition and Contract of the County of Westchester on the 22"d day of November, 2017. Approved as to form and manner of execution Assistant County Attorney The County of Westchester ACKNOWLEDGMENT STATE OF NEW YORK ) ) ss.: COUNTY OF ) On the day of in the year 2018 before me,the undersigned,personally appeared ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s)on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted, executed the instrument. Date: Notary Public CERTIFICATE OF AUTHORITY (MUNICIPAL CORPORATION) (Officer other than officer signing contract) certify that I am the of (Title) the (Name of Municipal Corporation) a corporation duly organized and in good standing under the (Law under which organized, e.g., the New York Business Corporation Law)named in the foregoing agreement; that (Person executing agreement) who signed said agreement on behalf of the (Name of Municipal Corporation) was, at the time of execution (Title of such person) of the Municipal Corporation and that said agreement was duly signed for and on behalf of said Municipal Corporation by authority of its governing board,thereunto duly authorized and that such authority is in full force and effect at the date hereof. (Signature) STATE OF NEW YORK ) ) ss.: COUNTY OF ) On the day of in the year 20_before me,the undersigned, a Notary Public in and for said State, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the officer described in and who executed the above certificate, who being by me duly sworn did depose and say that he/she resides at and he/she is an officer of said corporation;that he/she is duly authorized to execute said certificate on behalf of said corporation, and that he/she signed his/her name thereto pursuant to such authority. Notary Public Date SCHEDULE "A" . E-911 INTERMUNICIPAL AGREEMENTS MUNICIPALITY/FIRE DISTRICT 1. ARDSLEY, VILLAGE 2. BEDFORD, TOWN 3. BRIARCLIFF MANOR, VILLAGE 4. BRONXVILLE, VILLAGE 5. BUCHANAN, VILLAGE 6. CORTLANDT, TOWN 7. CROTON-ON-HUDSON, VILLAGE 8. DOBBS FERRY, VILLAGE 9. EASTCHESTER, TOWN 10. ELMSFORD, VILLAGE 11. FAIRVIEW FIRE DISTRICT 12. GREENBURGH, TOWN 13. HARRISON, TOWN 14. HARTSDALE FIRE DISTRICT 15. HASTINGS-ON-HUDSON, VILLAGE 16. IRVINGTON, VILLAGE 17. LARCHMONT, VILLAGE 18. LEWISBORO, TOWN 19. MAMARONECK, TOWN 20. MAMARONECK, VILLAGE 21. MT. KISCO, VILLAGE 22. MT. PLEASANT, TOWN 23. MT. VERNON, CITY 24. NEW CASTLE, TOWN 25. NEW ROCHELLE, CITY 26. NORTH CASTLE, TOWN 27. NORTH SALEM, TOWN 28. SLEEPY HOLLOW, VILLAGE 29. OSSINING, TOWN 30. OSSINING, VILLAGE 31. PEEKSKILL, CITY 32. PELHAM MANOR, VILLAGE 33. PELHAM, VILLAGE 34. PLEASANTVILLE, VILLAGE 35. PORT CHESTER, VILLAGE 36. POUND RIDGE, TOWN 37. RYE, CITY 38. RYEBROOK, VILLAGE 39. SCARSDALE, VILLAGE 40. SOMERS. TOWN 41. TARRYTOWN, VILLAGE 42. TUCHAHOE, VILLAGE 43. WHITE PLAINS, CITY 44. YONKERS, CITY 45. YORKTOWN, TOWN SCHEDULE "B" STANDARD INSURANCE PROVISIONS (Municipality) 1. Prior to commencing work, the Municipality shall obtain at its own cost and expense the required insurance from insurance companies licensed in the State of New York, carrying a Best's financial rating of A or better, and shall provide evidence of such insurance to the County of Westchester, as may be required and approved by the Director of Risk Management of the County. The policies or certificates thereof shall provide that thirty days prior to cancellation or material change in the policy, notices of same shall be given to the Director of Risk Management of the County of Westchester by registered mail, return receipt requested, for all of the following stated insurance policies. All notices shall name the Municipality and identify the Agreement. If at any time any of the policies required herein shall be or become unsatisfactory to the County, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the County, the Municipality shall upon notice to that effect from the County, promptly obtain a new policy, submit the same to the Department of Risk Management of the County of Westchester for approval and submit a certificate thereof. Upon failure of the Municipality to furnish, deliver and maintain such insurance, the Agreement, at the election of the County, may be declared suspended, discontinued or terminated. Failure of the Municipality to take out, maintain, or the taking out or maintenance of any required insurance, shall not relieve the Municipality from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the contractual obligations of the Municipality concerning indemnification. All property losses shall be made payable to and adjusted with the County. In the event that claims, for which the County may be liable, in excess of the insured amounts provided herein are filed by reason of any operations under the Agreement, the amount of excess of such claims or any portion thereof, may be withheld from payment due or to become due the Municipality until such time as the Municipality shall furnish such additional security covering such claims in form satisfactory to the County of Westchester. 2. The Municipality shall provide proof of the following coverage (if additional coverage is required for a specific agreement, those requirements will be described in the "Special Conditions" of the contract specifications): (a) Workers' Compensation. Certificate form C-105.2 (9/07) or State Fund Insurance Company form U-26.3 is required for proof of compliance with the New York State Workers' Compensation Law. State Workers' Compensation Board form DB-120.1 is required for proof of compliance with the New York State Disability Benefits Law. Location of operation shall be "All locations in Westchester County,New York." Where an applicant claims to not be required to carry either a Workers' Compensation Policy or Disability Benefits' Policy, or both, the employer must complete affidavit form WC/DB-100 (revised 9/07), sign and notarize the form, and send to the NYS Workers' Compensation Board for (stamped) approval. The stamped approval (valid for 1 year) should then be provided to the County of Westchester with all other insurance documentation. If the employer is self-insured for Worker's Compensation, he/she should present a certificate from the New York State Worker's Compensation Board evidencing that fact (Either SI-12, Certificate of Workers' Compensation Self-Insurance, or GSI-105.2, Certificate of Participation in Workers' Compensation Group Self-Insurance). (b)Employer's Liability with minimum limit of$100,000. (c) Commercial General Liability Insurance with a minimum limit of liability per occurrence of$1,000,000 for bodily injury and $100,000 for property damage or a combined single limit of$1,000,000 (c.s.1), naming the County of Westchester as an additional insured. This insurance shall include the following coverages: (i) Premises- Operations. (ii) Broad Form Contractual. (iii) Independent Contractor and Sub-Contractor. (iv) Products and Completed Operations. All Contracts involving the use of explosives and demolition shall provide the above coverage with elimination of the XCU exclusion from the policy, or proof that XCU is covered. (d) Automobile Liability Insurance with a minimum limit of liability per occurrence of$1,000,000 for bodily injury and a minimum limit of$100,000 per occurrence for property damage or a combined single limit of $1,000,000 unless otherwise indicated in the contract specifications. This insurance shall include for bodily injury and property damage the following coverages: (i) Owned automobiles. (ii) Hired automobiles. (iii) Non-owned automobiles. 3. All policies of the Municipality shall be endorsed to contain the following clauses: (a) Insurers shall have no right to recovery or subrogation against the County of Westchester (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the above-described insurance. (b) The clause "other insurance provisions" in a policy in which the County of Westchester is named as an insured, shall not apply to the County of Westchester. (c) The insurance companies issuing the policy or policies shall have no recourse against the County of Westchester (including its agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy. (d) Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of,and at the sole risk of, the Municipality. • AFFAIRS OF THE TOWN TEM 6 I . 4D. C U , 3. 3 „.,33. _' , 3 ., „ 13„ ,_ „ 3 r 33, I,: ,33:, f I, 4 Work 4