HomeMy WebLinkAbout2020_05_06 Town Board Meeting Packet 44
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TOWN OF MAMARONECK
TOWN BOARD AGENDA
Wednesday, May 6, 2020
Courtroom
PURSUANT TO THE STATE'S SUSPENSION OF THE OPEN MEETINGS LAW,
THE TOWN BOARD MEETING will air live on LMCTV channel 76 Optimum, 35
Verizon/Fios & the www.lmctv.org website: https://Imctv.org/live-meetings-on-
Imctv/
6:00PM THE TOWN BOARD WILL DISCUSS THE ITEMS BELOW:
1. Update - Coronavirus Response
2. Update -Town Finances
3. Discussion - Sanitation Commission Apportionment
4. Town Code Enforcement
5. Update - Peddler's Law
6. New Business
7. Request for Executive Session
7:30PM CALL TO ORDER
Supervisor's Report
Public Information Meeting -Waverly Avenue Bridge
Citizen Comments
Board of Fire Commissioners
1. Fire Claims
2. Other Fire Department Business
Affairs of Town of Mamaroneck
1. SEAR Resolution - Waverly Avenue Bridge
2. Authorization - Westchester County- Transportation Agreement- Senior Citizens
3. Authorization - New York State Transportation Agreement - Senior Citizens
4. Report of Bids - Contract TA-20-02 Senior Center Renovation
5. Consideration - Resolution of Dedication Highclere Court Subdivision
6. Authorization -Agreement- Love Your Food Program
7. Resolution to Change the Date for the Tentative Assessment Role & Filing
Grievances
8. Consideration of Certiorari
Report of Minutes
Reports of the Council
Town Clerk's Report
Next Regularly Scheduled Meeting - May 20, 2020
Meeting Adjournment
Any physically handicapped person needing special assistance in order to attend the meeting should call the
Town Administrator's office at 381-7810.
Town of Mamaroneck
oA4zeTown Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TO:
FROM:
DATE: May 6, 2020
SUBJECT:
ATTACHMENTS:
Description
❑ Town Code Enforcement
0 90 Town of Mamaroneck
z
Town Center
•FOUNDED 1651• 740 West Boston Post Road, Mamaroneck, NY 10543-3353
TEL: 914/381-7810
OFFICE OF THE TOWN ADMINISTRATOR FAX: 914/381-7809
townadministrator@townofmamaroneck.org
Memorandum
To: Supervisor &Town Board
Re: Town Code Enforcement
Date: May 1, 2020
I received a couple of inquiries from Board members as to the activity on Town Code
enforcement during this pandemic. Therefore, I asked the Building Inspector to compile a
listing of complaints that were received and that we responded to.
Stephen V.Altieri
Town Administrator
Altieri;Stephen
From: Polcari, Richard
Sent: Thursday,April 30, 2020 1:48 PM
To: Altieri, Stephen
Subject: complaints from 3.1.2020 to 4.30.2020
Steve,the following are the number of complaints logged from 3/1/2020 to 4/30/2020
Working without a permit—14
Property maintenance—3 (Gloves,wipes and masks on ground of parking lot/interior of an apartment/porta john
turned over)
Executive order 202—b (more than 1 person on site)
Noise—3 (starting prior to permitted times)
Garbage—7(yard waste/trash left out too early/unacceptable for collection/etc.)
Signs—2 (signs on Boston Post Road not to code)
Lighting—1 (neighbors light shining into window)
Streets and sidewalks—1 (basketball hoop in roadway)
Zoning—2
There were also 233 complaint inspections performed in this time period as follow up on new and existing complaints.
Richard B. Polcari
Building Inspector
740 West Boston Post Road
Mamaroneck, New York 10543
(P) 914-381-7830
rpolcari a@.TownofMamaroneckNY.or_q
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Town of Mamaroneck
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,T 740 West Boston Post Road, Mamaroneck, NY 10543-3353
•FOUNDED 1461 •
OFFICE OF THE TOWN ADMINISTRATOR
TO:
FROM:
DATE: May 6, 2020
SUBJECT: No attachment.
ATTACHMENTS:
Description
X20 9'+v TOWN OF MAMARONECK
OFFICE OF TOWN COMPTROLLER
•FOUNDED 1661
TO: SUPERVISOR AND TOWN BOARD MEMBERS
FROM: STEVE ALTIERI— TOWN ADMINISTRATOR
TRACY YOGMAN- TOWN COMPTROLLER
RE: FISCAL YEAR 2020 BUDGET REPORT AS OF APRIL 30, 2020
DATE: MAY 4, 2020
Below please find the Town's financial performance through April 30, 2020. The
2020 results for the first four months of the year are provided by fund and
compared to 2019. A budget projection through year end will be developed and
reviewed with the Town Board at the next scheduled meeting.
Overall, it is not surprising and certainly expected that revenues for the first four
months of 2020 are significantly less than the same period in 2019 based on the
fact that many of the Town's operations have been suspended since mid-March as
a result of the Governor's Executive Order to help slow down the worldwide
pandemic. As a reference, 6 weeks represents about 12% of the annual budget.
At this point, the staff has been advised to make only necessary purchases, vacant
positions will not be filled and capital projects have been deferred to help offset the
impending revenue declines.
Tax Collection
As of April 30th, the Town has collected 88% or $60.1m of the $68.2m of the
County and Town tax levy. The 2019 collection was $65.8m or 96% collected as
of the same time last year.
Approximately 80 residents (less than 1% taxpayers) have filed a hardship request
form to defer their tax payments through July 2020 with no penalties. The total
Town & County tax deferral is about $670k or about 1% of the tax levy.
We have collected $36.2m (or 88%) of the County portion of the tax levy as of
April 30th. The County requires payment of 60% or $24.6m on May 26th
1
The Town portion of the tax levy collected as of April 30 is $23.9m or 88% of the
tax levy of$27.1m.
Revenues
Refunds for spring 2020 recreational programs and the teen travel camp have been
processed and are reflected in the budget reports.
Expenses
Salaries through April 2020 include 9 payroll periods as compared to 8 in 2019 as
a result of the pay date schedules. Most payroll budget lines in 2020 are larger than
2019 as a result of contractual wage increases, the extra pay period in 2020 and
vacancies that were filled prior to the crisis. However, the 2020 salaries will be
within budget.
Health insurance for March and April 2019 was not recorded in employee benefits
until May 2019. As a result, you will see that 2020 expenses in that budget line in
each fund are higher than 2019 and is just a timing difference.
Debt service in 2020 is less than last year at this time in each fund as we are using
fund balance in the debt service fund to pay debt service before cash transfers from
each fund are made. Fund balance in the Debt Service Fund has increased to $2m
as a result of premiums received on bond sales.
A Town wide summary of revenues and expenses is provided below and then a
brief overview of revenues and expenditu.es for each fund follows.
In total, revenues are 14% lower in 2020 than 2019 for the first four months of the
fiscal year. Total revenues include taxes collected as of April 30th
2020 Expenses are lower than budgeted primarily due to timing differences and
capital transfers that have not yet been made.
2
TOWNWIDE SUMMARY
YTD/
2020 Year-to-Date Year-to-Date Budgt
Budget 4/30/19 4/30/20 YTD Variance Y/Y % %
Revenues
General Fund $ 12,093,519 $ 7,031,656 $ 5,512,577 $ (1,519,079) -22% 46%
Part Town 13,365,645 $ 10,593,896 9,066,156 (1,527,740) -14% 68%
Highway 5,543,475 4,985,376 4,595,074 (390,302) -8% 83%
Fire 4,162,199 3,751,336 3,680,079 (71,257) -2% 88%
Streetlighting 304,273 291,642 269,103 (22,539) -8% 88%
Ambulance 1,559,624 960,994 816,162 (144,832) -15% 52%
Garbage 2,200,103 2,127,655 1,945,801 (181,854) -9% 88%
Sewer 571,324 69,988 - (69,988) -100% 0%
Water 532,643 276,732 49,362 (227,370) -82% 9%
Total Revenues $ 40,332,805 $ 30,089,275 $ 25,934,314 $ (4,154,961) -14% 64%
Expenses
General Fund $ 13,337,863 $ 3,796,059 $ 3,264,710 $ 531,349 14% 24%
Part Town 13,786,159 3,540,714 3,680,346 (139,632) -4% 27%
Highway 5,543,475 1,918,818 1,587,030 331,788 17% 29%
Fire 4,165,371 1,152,326 1,217,887 (65,561) -6% 29%
Streetlighting 356,173 69,869 117,771 (47,902) -69% 33%
Ambulance 1,562,516 534,635 539,389 (4,754) -1% 35%
Garbage 2,200,103 874,883 684,381 190,502 22% 31%
Sewer 571,324 61,116 39,771 21,345 35% 7%
Water 1,126,643 275,309 166,411 108,898 40% 15%
Total Expenses $ 42,649,627 $ 12,223,729 $ 11,297,696 $ 926,033 8% 26%
Use of Fund Balance $ (2,316,822) $ 17,865,546 $ 14,636,618 $ (3,228,928)
General Fund Town wide:
Revenues: Tax collection in the General Fund follows the collection rates outlined
above. Penalties and interest on taxes are about 39% lower than last year. The most
significant variances in the departmental income revenue is Lot A fees ($239k);
Youth programs ($445k); ice rink ($165k); pool revenue ($72k) and adult
programs ($25k). Refunds for all spring programs and the teen travel camp of
$181k have been processed and reflected in this report. Summer revenue of$211k
is included in the report and may be refunded upon a final determination of the
summer schedule. Street opening permit fee revenue is significantly less than last
year. State/Federal aid is slow to get to us this year. Interest rates have dropped to
less than 1% in April and not all of the interest has been recorded for April as of
the end of the month. Fines/forfeitures are down by 50% compared to last year.
Total revenue for the General Fund is 22% less than it was at this time last year.
3
Expenses: There are approximately 6 vacant positions and it is anticipated that
there will be a savings in the payroll and benefit lines. The most significant
variance in the contractual lines are recreation expense savings of $129k.
Transfers to capital will be done in the second quarter for those projects that will
proceed.
The Town has spent $33,444 as of April 30th on Corona Virus expenses that are
FEMA eligible. We anticipate 75% reimbursement of$25k for these expenses.
GENERAL FUND
YIU/
2020 Year-to-Date Year-to-Date Budgt
Budget 4/30/19 4/30/20 YTD Variance Y/Y % %
REVENUE:
Real Property Taxes $ 4,816,198 $ 4,431,344 $ 4,243,352 $ (187,992) -4% 88%
Penalties-Property Taxes 500,000 490,416 301,410 (189,006) -39% 60%
Departmental Income 3,167,000 1,623,357 639,659 (983,698) -61% 20%
Street Opening
Permits/Licenses 60,300 51,214 4,515 (46,699) -91% 7%
Mortgage Tax 1,142,900 - - - - 0%
State Aid/Federal Aid 1,307,626 120,430 76,622 (43,808) -36% 6%
Use of Money/Property 583,700 187,753 180,555 (7,198) -4% 31%
Fines/Forfeitures 280,000 93,186 50,450 (42,736) -46% 18%
Interfund Transfers 173,000 8,022 (8,022) -100% 0%
Other 62,795 25,934 16,014 (9,920) -38% 26%
Total Revenue $ 12,093,519 , $ 7,031,656 $ 5,512,577 $ (1,519,079) -22% 46%
EXPENDITURES
Personnel Services $ 5,345,919 $ 1,292,904 $ 1,464,154 (171,250) -13% 27%
Employee Benefits 2,421,416 571,096 720,134 (149,038) -26% 30%
Contractual/Equipment 4,285,790 _ 1,027,390 897,507 129,883 13% 21%
Debt Service 962,759 256,794 182,915 73,879 29% 19%
Transfers Out _ 321,979 647,875 - 647,875 1 100% 0%
Total Expenditures' $ 13,337,863 $ 3,796,059 $ 3,264,710 $ 531,349 14% 24%
Use of Fund Balance $ (1,244,344) $ 3,235,597 $ 2,247,867 $ (987,730) -31%
Part Town Fund:
Revenues: Tax collection in the Part Town Fund follows the collection rates
outlined above. The first quarter sales tax has not been received yet. The most
significant variance in departmental income is the police special duty
reimbursement ($129k) and parking fees ($3 1 k). Building permits are 30% less
than last year ($77k).
Expenses: The employee benefit variance of $238k is just a timing difference.
Transfers to capital will be done in the second quarter for those projects that will
proceed.
PART TOWN FUND
YTD/
Year-to-Date Year-to-Date Y/Y Budget
2020 Budget 4/30/19 4/30/20 Variance
REVENUE: -
Real Property Taxes $ 9,887,568 $ 9,535,331 $ 8,746,563 $ (788,768) -8% 88%
Sales Tax 2,318,000 473,203 - (473,203) -100% 0%
State/Federal 3,000 - - - 0% 0%
Departmental Income 354,547 198,863 23,978 (174,885) -88% 7%
Fines/Forfeitures 6,000 2,210 2,075 (135) -6% 35%
Other Revenue 6,550 40 143 103 258% 2%
Licenses/Permits 721,600 384,249 293,397 (90,852) -24% 41%
Interfund Transfers 68,380 - 0% 0%
Total Revenue $ 13,365,645 $ 10,593,896 $ 9,066,156 $ (1,527,740) -14% 68%
EXPENDITURES
Personnel Services $ 6,146,584 $ 1,751,912 $ 1,843,749 $ (91,837) -5%1 30%
Employee Benefits 4,378,015 1,207,493 1,445,975 (238,482) -20% 33%
Contractual/Equipment 2,639,198 324,471 332,878 (8,407) -3% 13%
Debt Service 148,757 ' 66,838 ' 57,744 9,094 14% 39%
Transfers Out 473,605 190,000 - 190,000 100% 0%
Total Expenditures1 $ 13,786,159 $ 3,540,714 $ 3,680,346 $ (139,632) -4% 27%
Use of Fund Balance 1 $ (420,514) $ 7,053,182 $ 5,385,810 $ (1,667,372) -24%'
Highway Fund:
Revenues: Tax collection in the Highway Fund follows the collection rates
outlined above. Other Revenue includes the sale of equipment and insurance
recoveries. Last year, equipment was sold ($33k) and a large insurance claim was
received ($44k).
Expenses: Contractual and equipment savings is largely a result of the purchase of
salt for the roads in 2019 ($120k), savings in fuel, auto parts/supplies ($20k) in
addition to timing differences. Transfers to capital will be done in the second
quarter for those projects that will proceed.
HIGHWAY FUND
YTD/
2020 Year-to-Date Year-to-Date Y/Y Budget
Budget 4/30/19 4/30/20 Variance %
REVENUE:
Real Property Taxes $ 5,078,575 $ 4,811,137 $ 4,492,518 $ (318,619) -7% 88%
Departmental Income 141,000 27,830 35,436 $ 7,606 27% 25%
Other Revenue 26,650 78,107 4,943 $ (73,164) -94% 19%
Interfund Revenues 297,250 68,302 62,177 $ (6,125) -9% 21%
Total Revenue! $ 5,543,475 $ 4,985,376 $ 4,595,074 $ (390,302) -8% 83%
EXPENDITURES
Personnel Services $ 1,926,633 $ 631,887 $ 638,868 (6,981) -1% 33%
Employee Benefits 1,470,910 538,792 565,145 (26,353) -5% 38%
Contractual/Equipment 1,273,568 399,238 174,255 224,983 56% 14%
Debt Service 699,364 258,401 208,762 49,639 19% 30%
Transfers Out 173,000 90,500 - 90,500 100% 0%
Total Expenditures! $ 5,543,475 $ 1,918,818 $ 1,587,030 $ 331,788 17% 29%
Use of Fund Balance $ - $ 3,066,558 $ 3,008,044 $ (58,514) -2%
6
Fire District Fund:
Revenues: Tax collection in the Fire District Fund follows the collection rates
outlined above.
Expenses: Contractual and equipment savings is largely a result of a retiree
reimbursement overpayment reimbursement ($27k) and fire apparatus rental in
2019 ($30k) not needed in 2020. Transfers to capital will be done in the second
quarter for those projects that will proceed.
FIRE DISTRICT FUND
2020 Year-to-Date Year-to-Date YTD/
Budget 4/30/19 4/30/20 Variance Y/Y % Budget%
REVENUE:
Real Property Taxes $ 4,160,699 $ 3,751,242 $ 3,679,778 $ (71,464) -2% 88%
Insurance Recoveries - 281 $ 281 0% 0%
Interest Earnings 1,500 94 20 S (74) -79% 1%
Total Revenue $ 4,162,199 $ 3,751,336 $ 3,680,079 $ (71,257) -2% 88%
EXPENDITURES
Personnel Services $ 1,587,452 $ 444,687 $ 533,037 (88,350) -20% 34%
Employee Benefits 1,359,650 436,758 532,269 (95,511) -22% 39%
Contractual/Equipment 659,636 220,738 152,581 68,157 31% 23%
Debt Service 490,633 26,643 - 26,643 100% 0%
Transfers Out 68,000 23,500 I - 23,500 100% 0%
Total Expenditures $ 4,165,371 $ 1,152,326 $ 1,217,887 $ (65,561) -6% 29%
Use of Fund Balance $ (3,172) $ 2,599,010 $ 2,462,192 $ (136,818) -5%
Street lighting Fund:
Revenues: Tax collection in the Street lighting Fund follows the collection rates
outlined above.
Expenses: Contractual and equipment expenses are higher than last year as a result
of the street lighting software system upgrade in the amount of$51k.
STREETLIGHTING FUND
2020 Year-to-Date Year-to-Date Y/Y YTD
Budget 4/30/19 4/30/20 Variance % /Budget%
REVENUE:
Real Property Taxes $ 304,273 ! $ 291,642 $ 269,103 $ (22,539) -8% 88%
Total Revenue $ 304,273 $ 291,642 $ 269,103 $ (22,539) -8% 88%
EXPENDITURES
Personnel Services $ 40,255 $ 12,364 $ 15,043 (2,679) -22% 37%
Employee Benefits 26,805 7,384 10,172 (2,788) -38% 38%
Contractual/Equipment 174,550 29,670 82,750 (53,080) -179% 47%
Debt Service 114,563 20,451 9,806 10,645 52% 9%
Total Expenditures $ 356,173 $ 69,869 $ 117,771 $ (47,902) -69% 33%
Use of Fund Balance $ (51,900) $ 221,773 $ 151,332 $ (70,441) -32%
K
Ambulance District Fund:
Revenues: Tax collection in the Ambulance Fund follows the collection rates
outlined above. The district received Federal Aid from HHS in the amount of$25k
and expects additional funding as well. Ambulance Fees are $263k or 12% below
last year. The revenues are trending down since the beginning of the year. Monthly
revenue has decreased by 30%.
Expenses: Contractual expense increases in 2020 are largely a result of timing
differences year to year. There are no capital transfers scheduled in 2020.
AMBULANCE DISTRICT FUND
YTD/
2020 Year-to-Date Year-to-Date Budget
Budget 4/30/19 4/30/20 Variance Y/Y %
REVENUE:
Real Property Taxes $ 599,624 $ 660,877 $ 528,306 $ (132,571) -20% 88%
Ambulance Charges 840,000 I 300,117 262,845 (37,272) -12% 31%
Services to Other Govts 120,000 - 0% 0%
Federal Aid-HHS - - 25,011 25,011 0% 0%
Total Revenue $ 1,559,624 $ 960,994 $ 816,162 $ (144,832) -15%1 52%
EXPENDITURES
Personnel Services $ 816,539 $ 211,092 $ 248,263 $ (37,171) -18% 30%
Employee Benefits 294,225 110,176 117,463 (7,287) -7% 40%
Contractual/Equipment 434,942 144,490 167,331 (22,841) -16% 38%
Transfer to Capital - 61,500 - 61,500 100% 0%
Debt Service 16,810 7,377 6,332 1,045 14% 0%
Total Expenditures $ 1,562,516 $ 534,635 j $ 539,389 $ (4,754) -1% 35%
Use of Fund Balance $ (2,892) $ 426,359 $ 276,773 $ (149,586) -35%
9
Garbage District Fund:
Revenues: Tax collection in the Garbage Fund follows the collection rates outlined
above.
Expenses: Contractual and equipment expenses variance is a timing difference.
The May 2019 monthly payment to the garbage commission was made in April
2019.
GARBAGE DISTRICT FUND
YTD/
2020 Year-to-Date Year-to-Date Y/Y Budget
Budget 4/30/19 4/30/20 Variance %
REVENUE:
Real Property Taxes $ 2,200,103 $ 2,127,655 $ 1,945,801 $ (181,854) -9% 88%
Insurance Recoveries 10,614 (10,614)
Total Revenue $ 2,200,103 $ 2,138,269 $ 1,945,801 $ (192,468) -9% 88%
EXPENDITURES
Contractual/Equipment 2,105,925 831,937 646,359 185,578 22% 31%
Debt Service 94,178 42,946 38,022 4,924 11% 40%
Total Expenditures $ 2,200,103 $ 874,883 $ 684,381 $ 190,502 22% 31%
Use of Fund Balance $ - $ 1,263,386 $ 1,261,420 $ (1,966) 0%
Sewer District Fund:
Revenues: The Town has not received the Q1 2020 Sewer rent from WJWW yet.
The payment is expected in the first week of May.
Expenses: Expenses vary from 2019 as per the overall expense variances outlined
in the beginning of the memo.
10
SEWER DISTRICT FUND
Year-to- YTD/
2020 Date Year-to-Date Budget
Budget 4/30/19 4/30/20 Variance Y/Y % %
REVENUE:
Sewer Rents $ 571,324 $ 69,988 $ - $ (69,988) -100% 0%
Total Revenue $ 571,324 $ 69,988 $ - $ (69,988) -100% 0%
EXPENDITURES
Personnel Services $ 94,539 $ 26,904 $ 16,838 $ 10,066 37% 18%
Employee Benefits 45,445 11,950 13,808 (1,858) -16% 30%
Contractual/Equipment 57,780 6,721 5,484 1,2.37 18% 9%
Transfers Out 98,000 - - 0%
Debt Service 275,560 15,541 3,641 11,900 77% 1%
Total Expenditures $ 571,324 $ 61,116 $ 39,771 $ 21,345 35% 7%
Use of Fund Balance $ - $ 8,872 $ (39,771) $ (48,643)'
Water District Fund:
Revenues: The Town has not received the Q1 2020 Water revenues from WJWW
yet. The payment is expected in the first week of May.
Expenses: Transfers to capital will be done in the second quarter for those projects
that will proceed.
WATER DISTRICT FUND
YTD/
2020 Year-to-Date Year-to-Date Y/Y Budget
Budget 4/30/19 4/30/20 Variance %
REVENUE:
Water Revenues $ 507,343 $ 262,340 $ 43,539 $ (218,801) -83% 9%
Investment Earnings 25,300 14,392 5,823 (8,569) -60% 23%
Total Revenue $ 532,643 $ 276,732 $ 49,362 $ (227,370) -82% 9%
EXPENDITURES
Contractual/Equipment 89,650 22,303 2.6,25.9 (3,956) -18% 29%
Transfers Out 662,800 85,540 - 85,540 100% 0%
Debt Service 374,193 167,466 140,152 27,314 16% 37%
Total Expenditures $ 1,126,643 $ 275,309 $ 166,411 $ 108,898 40% 15%
Use of Fund Balance $ (594,000), $ 1,423 $ (117,049) $ (118,472) 20%
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OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810
FAX 914-381-7809
saltieri@townofmamaroneckny.org
Memorandum www.townofmamaroneckny.org
To: Councilwoman Abby Katz and Members of the Board
Re: Questions Regarding the April 30 Financial Report Update
Date: May 6, 2020
The following is our response to questions from Councilwoman Katz regarding the financial
report to be discussed this evening at our work session.
1) What are the 6 vacant positions?
1 Intermediate Account Clerk-Comptroller
.5 Intermediate Clerk-(Filled Part time)
I Junior Engineer
I Junior Network Specialist- IT
I Recreation Assistant-Aging
I Staff Assistant- Section 8
.5 Office Assistant- Highway (Filled with part time)
2) What makes up the State/Federal Aid for the general fund?
Budgeted Actual Received
4-30-20
Per Capital Aid $142,000 0
Mortgage Tax $1,143,000 0
Narcotics Guidance $450,000 $104,000
Food Scrap $109,000 $19,000
Recycling Grant
Senior $2,000 0
Transportation
Winsnap( Sr. Meal $6,000 0
Program)
•
The Town would normally not receive Per Capita Aid until later in the year. Also,the Senior
Citizen Grants also come later in the year.
3) When do we normally receive the Mortgage Tax revenue:
Mid-June and December
4) Can you explain the report format; if expenditures are higher why are they showing as a
negative variance. Is the formula wrong in the report or am I missing something?
Wage
IS
Printed on Recycled Paper
Revenues that are lower in 2020 than last year show as a negative because we have less money;
revenues that are higher than last year show as a positive because we have more money than last
year.
Expenses show as a negative if they are higher than last year because we have to pay out more
than last year; and if they are lower show as a positive since they are savings compared to last
year.
The total will be the net loss (negative)or savings(positive)to last year.
5) When do we normally receive the Sales tax revenue?
We usually receive quarterly payments:
Ql-May
Q2 -August
Q3-November
Q4-February of the following calendar year.
6) Have you started any models that include reduction of commuter parking revenue?
We have done a high level estimate for the budget projections provided last month. The
estimate included anticipated sales of 7 month permits with a 10% decline in addition to
the loss of 2 months revenue for meters. That total amounted to approximately$45k.
We will be refining this estimate with the next projection.
7) Regarding the clause in the state budget that allows Cuomo to reduce aid if needed -
which line items in our budget (or type of aid) would be affected? I was not sure if this
was more of a school district issue.
State Aid $142k
Chips $119k
$261k
The Governor has signaled a possible 20% decrease in school aid. As a general
proposition if school aid is decreased, municipal aid would decrease as well. Our original
projections assumed a 50% decrease in municipal aid for 2020.
8) How to the anticipated shortfalls line up with what we have in surplus?
The preliminary projections showed that fund balances are healthy enough to withstand the two
months of anticipated shortfalls. We are updating those projections and will hopefully have
some information on the status of the summer program schedule in order to project the financial
impact.
Stephen V. Altieri Tracy Yogman
Town Administrator Comptroller/Director of Finance
21Page
p,Uatt Nv\
Luft, Lindsey
From: Wasp, Robert
Sent: Friday, May 1, 2020 1:53 PM
To: Luft, Lindsey
Cc: Altieri, Stephen; Green ODonnell, Connie
Subject: Documents for Waverly Ave Bridge PIM - 5/6 TB Meeting
Attachments: 876219_PIM Comment Sheet_5-6-2020.pdf; Waverly Avenue Bridge Replacement - PIM
Presentation.pdf
Hi Lindsey,
I've attached the final powerpoint slides to be presented by our consultant as part of the "Public Information
Meeting (PIM)" item for the Waverly Avenue Bridge Replacement. Both myself and Jared Anderson from
HVEA will be part of the meeting for this presentation as discussed.
Also attached please find the PDF comment sheet that has been prepared to facilitate public
comments/questions. Comments can be returned prior to or after the actual meeting in accordance with our
grant stipulations. I recommend that we post the comment sheet on the website for residents to view and
download.
I put together the quick summary below that describes the project goals and PIM meeting that can be listed
with the agenda item/website post as desired:
Replacement of the Waverly Avenue Bridge is planned to address structural deficiencies on the existing bridge
crossing and improve pedestrian and vehicle safety through the surrounding community. Additional objectives
aimed to minimize flooding and protect the integrity of the bridge structure are also being pursued in design in
accordance with Army Corp of Engineer's study recommendations. The Town of Mamaroneck was awarded
federal grant money through the NYSDOT BridgeNY program in fall 2018 to be used towards the project.
This Public Information Meeting is being held as part of ongoing outreach underway throughout the design
process. Project design consultant "HVEA Engineers"intends to provide a summary of project background
and updates on the design progress and schedule. Specific discussion of construction detour routes,
temporary and permanent acquisitions will be included in the presentation. Questions or comments related to
the project can be provided to Town Engineer Robert Wasp, P.E. and the design team through the attached
comment sheet. The project team will continue to work through the remaining design and approval process
towards currently planned construction in the 2021 calendar year.
Please let me know if you need anything further.
-Rob
Robert P. Wasp, P.E., C.D.T.
Town Engineer
Town of Mamaroneck
740 West Boston Post Road
Mamaroneck, New York 10543
(P) 914-381-7835
rwasp a TownofMamaroneckNV.orq
1
PIN 8762.19 Agenda HVEA
-ENGINEERS—
Waverly Avenue Bridge Replacement lntroduction of Project Team
Over the Sheldrake River 'Meeting Overview
Town of Mamaroneck, Village of Mamaroneck • Format and Purpose of Meeting
Westchester County, NY • How to Provide Comments
`` N�' i A., W%'•,�'. 1 •Project Location, Background& Objectives
Public Informational Meeting ', ' .i
„�, ,�1 :1*r, k Technical Highlights
May 6,2020—7 30 PM ____- -. ,, ,
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• Data Collection, Existing Conditions and Needs
• Design Considerations & Challenges
• Preliminary Layout
s • Bridge Types Considered
rel
,‘ `}r f :... , ,j ,.�., 'Project Process & Schedule
J , . -�''44 'Questions
HVEA
-I' INfIPS-
Municipal Team HVEA Consultant Team HVEA
-ENGINEERS- --FNGINEERS-
Town of Mamaroneck HVEA Engineers
• Stephen Alfieri —Town Administrator • Jared Anderson, P.E.—Project Manager
• Robert Wasp—Town Engineer • Project oversight, client point of contact
• Elizabeth Aitchison —Town Environmental Planner • Jack Gorton, P.E.—Federal Aid Compliance, Quality Control
Village of Mamaroneck • Matthew Sorrell, P.E.—Structural Project Engineer
• Jerry Barberio—Village Manager • Bridge design oversight and document review
• Daniel Sarnoff—Assistant Village Manager • Matthew Erbacher, E.I.T.—Highway Design Engineer
• James Curra, E.I.T.—Structural Design Engineer
• Design. report&plan preparation, estimation
Firm Background
• Formed in Beacon, NY in 2001 by three former NYSDOT Region 8
Engineers
• Supported by design staff in Chestnut Ridge, NY
• Focus on infrastructure projects for municipalities
• Specializing in Federally-Aided projects
Meeting Overview HVEA How to Provide Comments HVEA
FVLlvrrr5-
-ENGINEERS_
'Public
ENGINEERS-
'Public Informational Meeting 'Obtain Comment Sheet from Hv1
Town Website
'Federal Funding Requirement COMMENT SHEET
•Send via US Mail """ hlur M..•�
'Provide a better understanding of the . ��
project site • Email
'Email comments directly:
Get a sense of local and individual
- ---
concerns • Rob WaspOESHESI
• rwaspPTownofMamaroneckNY.orq
•Jared Anderson
• janderson( hveapc.com
Please do so by May 29, 2020 ;"F,..
Continuous Public Involvement HVEA Project Location HVEA
-ENGINEERS- --ENGINEERS-
'Project Team is always /
available N
'Meetings with individual teaTont.`o
property owners 7 1� PROJECT """"""e
"Monthly project meetings
w � LOCATION „5S.,�v
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are held with the Team � ,
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Project Background HVEA Project Background HVEA
-ENGINEERS- -ENGINEERS-
•Bridge was constructed in 1931 •US Army Corps of Engineers began re-
•NYS Overall Rating = 3 out of 7 (March 2019 Report) evaluating the Mamaroneck and Sheldrake
Rivers in 2007 •d-
■ Bridge and approach channel walls are deteriorating
• Following an April 2007 nor easter
• Bridge asphalt surface is deteriorated, patched 'Corps completed a Final Environmental �•.E. a�,�•.E•.� r
M W.•a..[tz..w.Mnu.ss Ilrvn.
•Concrete-encased steel girders are exposed and Impact Statement (FEIS) in April 2017 m.~~�°•~�
u.unrn M.MufltWY wtncMnm Ca.n
Gaersat
becoming compromised ��- �
Waverly Avenue Bridge was
•Town applied for and received BRIDGE NY Funding in recommended for replacement
2018 Other recommendations including a wider, %1".`...7,7
■Awarded $1.75 million for design and construction deeper Sheldrake River channel �--
Project Objectives HVEA Existing Conditions HVEA
-ENGINEERS-- -ENGINEERS-
■Replace the structurally deficient bridge �,-�;
ap
•Improve safety conditions for vehicles and 1r'- :.�'�� '�I
pedestrians „- •.:
•Incorporate USACE's recommendations to extent ` ,�; � 4 4.
possible �-
•Replace aged utilities (water, sewer) that cross
under the river �_,;;,�,
■Minimize disruption to the public
•Timely construction duration
Bridge Deck (Looking North)
4-
•
Existing Conditions HVEA Existing Conditions HVEA
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Southeast Bridge Fascia Deteriorated Concrete Encasement
jphoto from 2019 Inspection Report
Data Collection HVEA Traffic, Speed and Accident Data HVEA
-ENGINEERS- -ENGINEERS-
So far, HVEA has prepared •Traffic Data
or obtained: /
• 10,444 average vehicles per day(per 2016 NYSDOT counts)
• "Cut-thru' from Fenimore Road to Mamaroneck Avenue
•Topographic Survey • Stop signs on both sides of the bridge help regulate speed and
•Evaluation of Existing Conditions •-,•.rr overcome sight distance concerns
•Town's Soil Boring Report _.,,_ Iliq,- 4. i
■Utility Inventory ;'-' i
•Accident Data (at Waverly Avenue and Plaza Avenue)
•Draft Design Report - .' -. --•••••-=';;-4
�t�: • 2 accidents in 3-year study period (1/1/17to 12/31/19)
-fir -
•Endangered Species Review
Package • Neither directly attributed to the bridge
•State Historic Preservation Office -----------
-
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(SHPO)Review Package -04r-• '-`l • wig" : -.�.
•US Coast Guard Consultation
'Village Traffic Data i,
Project Design Standards HVEA Design Considerations HVEA
and Specifications '"""""- -ENGINEERS—
• SEQR Type II
•NYSDOT Bridge Manual • No significant adverse environmental impact
• Subject to Army Corps of Engineers Review
•NYSDOT Highway Design Manual • Widen bridge opening from 25 feet to 33 feet
• Provide deeper foundations per USAGE
• Accommodates future deepening of Sheldrake River
•PROWAG— Public Rights-of-Way Accessibility • Improve Waverly Avenue alignment to provide:
Guidelines
• A gentler curve over the bridge
■Subset of ADA (Americans with Disabilities Act) regulations ■ Improved sight distance
• Minimize impact to stone retaining walls along river
NYSDOT Standard Specifications for Construction and • Provide ADA/PROWAG compliant sidewalks on both sides
Materials of Waverly Avenue
• Connect to the recently completed River Walk at The Mason
Project Challenges HVEA Preliminary Layout HVEA
-FNLINEFRS- -ENGINEERS-
■ Tight project constraints ,311 WAVERLY AVEf4tJE` t i jell I
• Closely abuts private properties SBL 8-24-155 3
FEE: 362 SQ FT % '
• Underground and overhead utilities TE: 591 SQ FT 3 gilt ` i
• Detour during construction7 mor
1 �.. ...
• Full closure of Waverly Avenue - - '
• Proposed detour is Hoyt Avenue i , y /� ^ •
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• Allows for longer workdays, safer operations I________—.--- -- ..a - { .,
• Allows project to be completed quicker than staged /traditional methods = • •
• Ensure Sheldrake River is protected from erosion, '.'
construction debris and hazardous materials r
■ Need to acquire right-of-way on two private properties H.. $ '
• Fee acquisitions—full purchase 1
• Temporary easements—construction access
, . 2711 WAVERLY AVENUE
~, $BL:8-23-229
* F FEE:282 SQ FT
Y TE. 1.262 SQ FT
•
Preliminary Layout HuEA Preferred Bridge Type HuEA
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-ENGINEERS-
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,,_ - �s Three Sided Precast Concrete Structure
{ @ PREUMINARY _ _ — K• - (working on better photo)
2,! U9r_L? FFEESI. •':ter iFri =+::a "Sra=W '----IAS..._
Other Bridge Types Considered HVEA Federal Aid/ NYSDOT Process HVEA
-ENGINEERS- -ENGINEERS-
NYSDOT Oversight
•Region 8- Hudson Valley (Poughkeepsie)
•Acts on FHWA's behalf
... ' .-. � T- 'Overview Prepare Design Report for Agency Review
s 1 ;di •Satisfy All Environmental and Historic Requirements
•Obtain Design Approval & Proceed to Final Design
:_OM1? v11' �, •Obtain Right of Way Clearance
�' m -;r • - - •Submit Final Plans, Specifications, Estimate for Approval
-tr
Approval to Advertise for Bidding
•Approval to Award to Responsible Low Bidder
■Notice to Proceed with Construction
Steel Girders NEXT Beam
•
Right-of-Way Acquisition HVEA Estimate and Funding HVEA
-ENGINEERS- -ENGINEERS-
■ Necessary for: 'Available Construction Funding - $1,517,280
• Construction access •95% Federal- $1.298,916
• Ownership of structural components •5% Local Responsibility-$68,364
• Future maintenance ■Town "Set-Aside"for Construction-$150,000
• Both impacted property owners will be involved •Current Local Construction Share-$218.364
throughout the full process
'Current Construction Estimate - $2,541 ,000
• Each step will be explained in detail by our property Additional$1,023,720 local contribution is required
acquisition consultant ■Estimate currently includes a 20% contingency
1. Appraisal
2. Independent Appraisal Review •Estimate also includes$250.000 funds for water, sewer and
3. Offer underground electric replacement,to be reimbursed to the Town.
4. Closing
Project Schedule - Design HVEA Project Schedule - Construction HVEA
-ENGINEERS- -ENGINEERS-
■Project Kickoff November 13, 2019 •Bid Advertisement February 8, 2021
V •Submitted Endangered Species Package February 14. 2020 •Project Award April 19, 2021
Submitted Draft Design Report. Preliminary April 14, 2020 •Construction Complete By end of 2021
v Plans and SHPO Package
Final Design Report July 31. 2020
Obtain Approval to Begin Final Design and September 1, 2020
Acquire Right-of-Way
Construction Documents for Final Review November 20, 2020
•Construction Documents Approved and January 29. 2021
Right-of-Way Acquisition Complete
Questions?
Visit TownofMamaroneckNY.org or Imctv.org
Thank you from Town of Mamaroneck,The Village of Mamaroneck&
HVEA Engineers
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COMMENT SHEET
Project: PIN 8762.19—WAVERLY AVENUE BRIDGE OVER SHELDRAKE RIVER
PUBLIC INFORMATIONAL MEETING—MAY 6,2020
Name:
Address:
Contact Information:
Phone:
Email:
COMMENT
Please either:
Mail to: Town of Mamaroneck
740 West Boston Post Road
Mamaroneck,NY 10543
Attn: Robert Wasp, Town Engineer
Email: rwasp a,TownofMamaroneckNY.org and jandersonAhveapc.com
560 Route 52,Suite 201,Beacon,New York 12508 Ph:(845)838-3600 fax:(845)838-5311 www.hveapc.com
is Town of Mamaroneck
a
o Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
•FOUNDED lent
OFFICE OF THE TOWN ADMINISTRATOR
TO:
FROM:
DATE: May 6, 2020
SUBJECT:
ATTACHMENTS:
Description
o Fire Claims
Town of Mamaroneck
From: Tracy Yogman-Town Comptroller
Re: Fire Claims
Date: 05/06/2020 ,
The following Town of Mamaroneck Fire Department claims have been certified by Chief Joseph Russo and
submitted to the Comptroller's Office for payment:
YiN124R pESCRIPTION Am.=
Scott parts&Air paks, Fire Research Tripod Light repair, hydrotest&
AAA Emergency supply Co recharge,fire extinguisher inspection $ 814.65
Amazon Lysol,safety glasses,air filters, batteries,facial tissues,air freshners etc. 652.09
Dorbacher, David Reimb. For fuel for U-56-Montour Falls training 49.25
Grainger CFL bulb 3.24
Grainger Replacement hose reels 210.48
Ready Refresh Water Cooler rental 2/19-3/18/2020 122.96
Rickert Lock&Safe Replacement of lock cylinder&keys 150.00
Sound Shore Pest Control Exterminating services on 3/23/20 65.00
UniFirst Corp. Cleaning supplies 1/24,3/27,4/3,4/10,4/17/2020 564.07
United Overhead Door Corp. Repair overhead door 363.98
Verizon TMFD 300M Redundant Grcuit 3/26-4/25/2020 266.98
Verizon Fire HQ SVC 4/10-5/9/2020 261.76
WJWW 205 Weaver St.Charges 2/26/20-3/25/20 33.33
Total $ 3,557.79
TOWN OF MAMARONECK FIRE DEPARTMENT
OFFICE OF THE
CHIEF Headquarters
205 WEAVER STREET
LARCH MONT,NEW YORK 10538
WEAVER 834-2100 EMERGENCY
834-2101-NON EMERGENCY
!_,f/�►J 8342438 CHIEF'S OFFICE
STREET 834-0942-FAX
WWW.TMFD.ORG
� D
To: Board of Fire Commissioners
From: Chief Joseph Russo
Date: May 1, 2020
Re: Fire Report for the Month of April 2020
The following report outlines response to calls made during the month of April 2020. It summarizes the
nature, the number of personnel responding and the total time spent.
I have also attached a report showing a further breakdown of these alarms.
Alarm Type Number
Generals 21
Minors 20
Stills _ 2
Out of Town (Mutual Aid) 1
EMS 32
Drills 0
TOTAL 76
Total number of personnel responding: 402
Total time working: 23 hours and 18 minutes
Respectfully Submitted,
ief Joseph R o
Incident Type Count Report
Date Range; From 4/1/2020 To 4/30/2020
Selected Station(s): All
Incident
Type Description Count
Station: EMS
321 -EMS call,excluding vehicle accident with injury 32 42.1 1%
Total-Rescue&Emergency Medical Service Incidents 32 100.00%
Total for Station 32 42.11%
Station: HO
Ill -Building fire 1 1.32%
130-Mobile property(vehicle)fire,other 1 1.32%
Total-Fires 2 4.76%
322F-Vehicle accident with injuries 4 5.26%
324F-Motor vehicle accident with no injuries 2 2.63%
353F-Removal of victim(s)from stalled elevator 2 2.63%
Total-Rescue&Emergency Medical Service Incidents 8 19.05%
412-Gas leak(natural gas or LPG) I 1.32%
444-Power line down 1 1.32%
445-Arcing,shorted electrical equipment 2 2.63%
Total-Hazardous Conditions(No fire) 4 9.52%
500-Service Call,other 3 3.95%
522-Water or steam leak 1 1.32%
531 -Smoke or odor removal 1 1.32%
Total-Service Call 5 11.90%
600-Good intent call,other I 1.32%
Total-Good Intent Call 1 2.38%
736-CO detector activation due to malfunction 4 5.26%
740-Unintentional transmission of alarm,other 1 1.32%
743-Smoke detector activation,no fire-unintentional 5 6.58%
745-Alarm system sounded,no fire-unintentional 10 13.16%
746-Carbon monoxide detector activation,no CO 2 2.63%
Total-Fals Alarm&False Call 22 52.38%
Total for Station 42 55.26%
Station: STIL
554-Assist invalid 2 2.63/a
Total-Service Call 2 100.00%
Total for Station 2 2.63%
76 100.00%
Page 1 of 1 Printed 05/01/2020 16:46:00
Town of Mamaroneck
o Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
FOUNDED I ets1
OFFICE OF THE TOWN ADMINISTRATOR
TO:
FROM:
DATE: May 6, 2020
SUBJECT:
ATTACHMENTS:
Description
❑ SEQR Resolution -Waverly Avenue Bridge
MEMORANDUM
TO: STEPHEN V.ALTIERI
CC: ROB WASP
FROM: ELIZABETH PAUL
SUBJECT: TOWN BOARD AGENDA:,SEQR RESOLUTION WAVERLY AVENUE
BRIDGE
DATE: APRIL 15,2020
I have attached plans for the Waverly Avenue Bridge replacement project along with a draft resolution
for consideration by the Town Board. The resolution declares that the bridge replacement is a type II
action under SEQR and was prepared under the guidance of Bill Maker. The project team requested
that this be approved prior to the public hearing,which they hope will be held in the beginning of
May. A brief project description is below.
The proposed project is for the replacement the Waverly Avenue Bridge over the Sheldrake River.The
existing structure has a 25-foot span and will be replaced with a 33-foot precast concrete bridge. The
slightly longer bridge is necessary to accommodate the work recommended by"Alternative 1Z"in the
US Army Corps of Engineers (USACE) Flood Risk Mitigation Study for the Mamaroneck and
Sheldrake Rivers. In addition,new abutments will be installed on deeper foundations in order to
accommodate future modifications to the river channel by the USACE.
The alignment of Waverly Avenue will be modified on the east side,removing the existing kink in the
roadway to improve sight distance at Plaza Avenue and the entrance to The Mason Apartments
(Sheldrake Lofts). Sidewalks will be installed on both sides of the bridge in compliance with the ADA
requirements,and will be connected to the future river walk being constructed by The Mason. It will
be necessary to acquire some land from two of the adjacent property owners in order to complete the
project. The project is 95%funded by the BRIDGE NY program,administered by NYSDOT,with a
5%local match.
EXTRACT FROM THE MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN
OF MAMARONECK HELD ,2020 AT 8:00 PM IN THE COURT ROOM OF THE TOWN
CENTER,740 W.BOSTON POST ROAD,MAMARONECK,NEW YORK.
WAVERLY AVENUE BRIDGE SEQR ACTION
On the motion of, seconded by ,the following was approved,
WHEREAS,the Town of Mamaroneck plans to replace the Waverly Avenue Bridge over the
Sheidrake River,and
WHEREAS,the new bridge will be constructed In the same general location as the bridge It will
replace,
NOW,THEREFORE,BE IT
RESOLVED,that the Mamaroneck Town Board hereby determines that the replacement of the
Waverly Avenue Bridge over the Sheldrake River is a Type II action under the State
Environmental Quality Review Act(SEQRA)and that no further action pursuant to SEQRA is
required.
The above resolution was put to a roll call vote:
King Aye
FIddelman Aye
Elkind Eney Aye
Katz Aye
Seligson Aye
COUNTY OF WESTCHESTER }SS.:
TOWN OF MAMARONECK
I do hereby certify that I have compared the annexed Resolution with the original on file In my
office,and that the same is a true and correct transcript therefrom and of the whole of the said original
Resolution,which was duly passed by the Town Board of the Town of Mamaroneck,a quorum being
present,2020.
IN WITNESS WHEREOF,i have hereunto set my hand and affixed the Corporate Seal of said Town of
Mamaroneck,this day of ,2020.
Christina Battalia Town Clerk
1
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9 740 West Boston Post Road, Mamaroneck, NY 10543-3353
OU,UEU Ixt
OFFICE OF THE TOWN ADMINISTRATOR
TO:
FROM:
DATE: May 6, 2020
SUBJECT:
ATTACHMENTS:
Description
❑ Authorization - Westchester County- Transportation Agreement- Senior Citizens
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Town of Mamaroneck
W m Town Center
740 West Boston Post Road, Mamaroneck,NY 10543-3353
. ECL4CEC 1EEt.
OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810
FAX 914-381-7809
saltieri@townofmamaroneckny.org
Memorandum www.townofmamaroneckny.org
To: Supervisor and Town Board
Re: Authorization-Westchester County Transportation Agreement
Senior Citizens
Date: May 1, 2020
Attached is a proposed renewal agreement between the Town and the County for Senior
Transportation Services. Included in transportation program are the following; transportation to
and from the Senior Center,the grocery-shopping program and the medical transportation
program. Our programs are provided to the entire Town including the two Villages. The County
will provide funding of$8,172 and the Town match is$5,679.
ACTION REQUESTED: THAT THE TOWN BOARD APPROVE THE ATTACHED
AGREEMENT WITH WESTCHESTER COUNTY FOR SENIOR TRANSPORTATION
SERVICES AND THAT THE TOWN ADMINISTRATOR BE AUTHORIZED TO
EXECUTE THE AGREEMENT.
Stephen V. Altieri
Town Administrator
Printed on Recycled Paper
THIS AGREEMENT made this day of ,2020 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
a municipal corporation organized under the laws of the State of New York,having an office
and principal place of business at
(hereinafter referred to as the"Contractor")
WITNESSETH:
WHEREAS, the County has been awarded a grant by the New York State Office for the Aging
pursuant to Title III-B of the Older Americans Act to provide Nutrition Site Transportation and
Supportive Services Transportation to elderly residents of the County(the"Program");and
WHEREAS, the Contractor desires to perform said services upon the terms and conditions
hereinafter set forth, and the County desires the Contractor to perform said services upon such terms and
conditions.
NOW,THEREFORE,in consideration of the terms,conditions,covenants,and agreements
contained herein,the parties agree as follows:
1. The Contractor shall provide the Program,as more particularly described in Schedule"C"
which is attached hereto and made a part hereof(the"Work"). All Work must be performed in
accordance with the Standard Assurances in Schedule"C"and with the terms of the approved Standard
Assurances in the Four Year Plan and/or Annual Update to the Four Year Plan(collectively the"Plan)
attached hereto and made a part hereof in the form of Schedule"E." The Contractor shall also comply
with the terms in Schedules"A","B"and"D"which are attached hereto and made a part hereof. It is
expressly understood and agreed by the parties hereto that all schedules to this Agreement are subject to
the approval of and modification by the New York State Office for the Aging("NYSOFA")and the
County,as necessary.
The Contractor warranties that services shall be provided in an accurate and timely manner
without interruption,failure or error due to inaccuracy of the service's or product's operations in
processing date/time data(including but not limited to calculating,comparing,and sequencing)various
time/date transitions including leap year calculations.The Contractor accepts responsibility for damages
resulting from any delays,errors or untimely performances resulting therefrom, including but not limited
to the failure or untimely performance of such services.
2. For the Work to be performed pursuant to Paragraph"1,"the Contractor shall be paid an
amount not to exceed$ ,payable on a monthly basis,at the unit cost amount indicated
in Schedule"B"for actual services provided as data entered in the NYSOFA Client Statewide Data
System("PEERPLACE")or other NYSOFA approved electronic reporting system,after the County has
received approval from NYSOFA and the County has received any and all supporting documentation the
County may require and the same has been approved by the Commissioner of the Department of Senior
Programs and Services or her duly authorized designee(the"Commissioner").
The County may, in its discretion, if it shall deem such payment to be required in furtherance of
the Program,pay the Contractor prior to receipt of payment or approval therefore by NYSOFA,provided
that,in the event NYSOFA subsequently fails or refuses to pay the County,or if such expense is not a
proper expenditure under the Program,the Contractor shall reimburse the County for such payment made
to the Contractor,or,the County,in its discretion,may deduct such amount from future payments due and
owing the Contractor under this Agreement.
The Contractor shall contribute$ to the Work,as a match.
Any and all requests for payment to be made,including any requests for partial payment made in
proportion to the Work completed,shall be submitted by the Contractor on properly executed payment
vouchers of the County and paid only after approval by the Commissioner. All payment vouchers must
be accompanied by a numbered invoice and/or the appropriate required back-up documentation approved
by the Department of Senior Programs and Services. All invoices submitted during each calendar year
shall utilize consecutive numbering and be non-repeating. In no event shall final payment be made to the
Contractor prior to the completion of all services,the submission of reports and the approval of same by
the Commissioner.
The Contractor shall,at no additional charge,furnish all labor,services,materials,goods,
equipment and any other things necessary to complete the Work,unless specific additional charges are
expressly permitted under this Agreement. It is recognized and understood that even if specific additional
charges are expressly permitted under this Agreement,in no event shall total payment to the Contractor
exceed the not-to-exceed amount set forth above.
Except as otherwise expressly stated in this Agreement,no payment shall be made by the County
to the Contractor for out of pocket expenses or disbursements made in connection with the services
rendered or the work to be performed hereunder.
3. Prior to the making of any payments hereunder,the County may,at its option,audit such
books and records of the Contractor as are reasonably pertinent to this Agreement to substantiate the basis
for payment. The County will not withhold payment pursuant to this paragraph for more than thirty(30)
days after payment would otherwise be due pursuant to the provisions of this Agreement,unless the
County shall find cause to withhold payment in the course of such audit or the Contractor fails to
cooperate with such audit. The County shall, in addition,have the right to audit such books and records
subsequent to payment, if such audit is commenced within one year following termination of this
Agreement.
In addition to any general audit rights to which the County may be entitled hereunder,the County
also reserves the right to audit the Contractor's performance under this Agreement. Such audit may
include requests for documentation or other information which the Commissioner may, in her discretion,
deem necessary and appropriate to verify the information provided by the Contractor as required by
Paragraph"4." The County may also make site visits to the location(s)where the services to be provided
under this Agreement are performed in order to review Contractor's records,observe the performance of
services and/or to conduct interviews of staff and patrons,where appropriate and not otherwise prohibited
by law.
The Contractor agrees to maintain appropriate records and to retain them for at least six years
after final payment is made. The Contractor agrees to provide access to all books,documents and all
pertinent materials related to the contract for examination to authorized representatives of the
Administration on Aging/Administration for Community Living(AoA/ACL)of the United States
Department of Health and Human Services("HHS"),the New York State Comptroller or his
representatives,staff of NYSOFA,and/or the County.
4. The term of this Agreement shall commence on January 1, 2020 and expire on December 31,
2020,unless terminated sooner pursuant to the provisions hereof.
The Contractor shall report to the County on its progress toward completing the Work,as the
Commissioner may request,and shall immediately inform the Commissioner in writing of any cause for
delay in the performance of its obligations under this Agreement.
5. The parties recognize and acknowledge that the obligations of the County under this
Agreement are subject to the County's receipt of funds from NYSOFA to operate the Program,and that
no liability shall be incurred by the County beyond the monies made available from NYSOFA for this
Agreement. The Contractor agrees that the County shall not be liable for any of the payments hereunder
unless and until the County Commissioner of Finance has received said funds or said funds have been
made available to said commissioner.
If,for any reason,the full amount of said funds is not paid over or made available to the County
by NYSOFA,the County may terminate this Agreement immediately or reduce the amount payable to the
Contractor,in the discretion of the County. The County shall give prompt notice of any such termination
or reduction to the Contractor. If the County subsequently offers to pay a reduced amount to the
Contractor,then the Contractor shall have the right to terminate this Agreement upon reasonable prior
written notice.
In addition,the parties recognize and acknowledge that the obligations of the County under this
Agreement are subject to annual appropriations by its Board of Legislators pursuant to the Laws of
Westchester County. Therefore,this Agreement shall be deemed executory only to the extent of the
monies appropriated and available. The County shall have no liability under this Agreement beyond
funds appropriated and available for payment pursuant to this Agreement. The parties understand and
intend that the obligation of the County hereunder shall constitute a current expense of the County and
shall not in any way be construed to be a debt of the County in contravention of any applicable
constitutional or statutory limitations or requirements concerning the creation of indebtedness by the
County,nor shall anything contained in this Agreement constitute a pledge of the general tax revenues,
funds or moneys of the County. The County shall pay amounts due under this Agreement exclusively
from legally available funds appropriated for this purpose. The County shall retain the right,upon the
occurrence of the adoption of any County Budget by its Board of Legislators during the term of this
Agreement or any amendments thereto,and for a reasonable period of time after such adoption(s),to
conduct an analysis of the impacts of any such County Budget on County finances. After such analysis,
the County shall retain the right to either terminate this Agreement or to renegotiate the amounts and rates
set forth herein. If the County subsequently offers to pay a reduced amount to the Contractor,then the
Contractor shall have the right to terminate this Agreement upon reasonable prior written notice.
This Agreement is also subject to further financial analysis of the impact of any New York State
Budget(the"State Budget")proposed and adopted during the term of this Agreement. The County shall
retain the right,upon the occurrence of any release by the Governor of a proposed State Budget and/or the
adoption of a State Budget or any amendments thereto,and for a reasonable period of time after such
release(s)or adoption(s),to conduct an analysis of the impacts of any such State Budget on County
finances. After such analysis,the County shall retain the right to either terminate this Agreement or to
renegotiate the amounts and rates approved herein. If the County subsequently offers to pay a reduced
amount to the Contractor,then the Contractor shall have the right to terminate this Agreement upon
reasonable prior written notice.
6.The Contractor shall comply,at its own expense,with the provisions of all applicable Federal,
State and local laws,regulations,rules,executive orders,policies,orders,notices,and related guidance,as
such provisions may be amended from time to time,(such Federal provisions being"Federal
Requirements").
In addition,the Contractor shall cause to be prominently posted,on the site where services
hereunder are to be provided,a statement regarding non-discrimination,which statement shall be similar
in form to the following:
"In compliance with Section 504 of the Rehabilitation Act of 1975 and
Title VI of the 1964 Civil Rights Act and New York State Executive
Law and orders,no persons will be denied service or access to service
based upon race,creed,color,national origin,religion,marital status,
sexual orientation,genetic predisposition,carrier status,or
handicapping condition."
Without limiting any of the foregoing,the Contractor specifically agrees to the following:
(a) Regarding access to records and access to sites where the Work is performed:
1) In compliance with 45 C.F.R.75.364(a),the Contractor agrees to provide the
County,HHS and its awarding agency,the Comptroller General of the United
States,any inspectors general,or any of the duly authorized representatives of
any of these listed parties,access to any documents,papers,or other records
which are pertinent to this Agreement in order to make audits,examinations,
excerpts,and transcripts,as well as provide timely and reasonable access to
the Contractor's personnel for the purpose of interview and discussion related
to such documents. The Contractor agrees to allow the above-listed parties to
reproduce,excerpt,and/or transcribe such documents,papers,and other
records by any means whatsoever. The Contractor also agrees to allow the
above-listed parties such other access to records as may be necessary for
compliance with applicable Federal Requirements.
ii.) In accordance with 45 C.F.R.75.364(c),all of the above-described rights of
access to records shall last for as long as the records are retained by the
Contractor. The Contractor shall retain all such records for at least as long as
is required under 45 C.F.R.75.361.
iii.) In compliance with 45 C.F.R. §75.342(e),the Contractor agrees to permit
HHS to make site visits as needed.
(b) Regarding recovered materials:
i.) The Contractor agrees to comply with all applicable requirements of 45 C.F.R.
75.331;Section 6002 of the Solid Waste Disposal Act,as amended by the
Resource Conservation and Recovery Act and as further amended(42 U.S.C.
§6962);40 C.F.R.Part 247,the United States Environmental Protection
Agency's"Comprehensive Procurement Guideline for Products Containing
Recovered Materials";and Executive Order 12873.
(c) Regarding the procurement of subcontracts finance in whole or in part with the
Funds:
i.) The Contractor agrees to comply with 45 C.F.R. 75.330 in procuring any
subcontract financed in whole or in part with the Funds.
(d) The Contractor agrees to comply with and/or assist the County in complying with
any and all applicable requirements of HHS.
The Contractor hereby represents and warrants that it has all information it needs regarding the
Federal Requirements concerning reporting,patent rights,copyrights,and rights in data,and the
Contractor understands and acknowledges that all such requirements and regulations are hereby
incorporated into this Agreement by reference,and shall prevail over any conflicting term(s)of this
Agreement.
7. The Contractor expressly agrees neither it nor any contractor,subcontractor,employee or any
other person acting on its behalf shall discriminate against or intimidate any employee or other individual
on the basis of race,creed,religion,color,gender,age,national origin,ethnicity,alienage or citizenship
status,disability,marital status,sexual orientation,familial status,genetic predisposition or carrier status
during the term of or in connection with this Agreement,as those terms may be defined in Chapter 700 of
the Laws of Westchester County or Section 291 of the New York State Human Rights Law. The
Contractor acknowledges and understands that the County maintains a zero tolerance policy prohibiting
all forms of harassment or discrimination against its employees by co-workers,supervisors,vendors,
contractors,or others.
8. (a) There shall be no partisan political activity in connection with this Agreement,including
(i)candidate endorsements(ii)registration activities which are partisan in nature(iii)scheduled meetings
of services recipients with public officials or candidates unless event is open on an equal basis to all
candidates and officials regardless of policy views or partisan affiliation. This does not preclude the
legitimate right of elected officials and other community leaders to visit programs in their areas.
(b) The Contractor shall refrain and prevent the use by others under its control of official
authority,influence or coercion to interfere with or affect elections or nominations for political office.
(c) The Contractor shall refrain from and prohibit any others receiving funds under this
Agreement from attempting to coerce or advise other persons to contribute anything of value to a party,
committee,organization,agency or person for political purposes,nor engage in any other partisan
activities under its auspices. The Contractor shall refrain from using funds to advance any partisan
effort.
(d) The Contractor shall ensure that any services to be provided under this Agreement shall
be secular in nature and scope and in no event shall there be any sectarian or religious services,
counseling,proselytizing, instruction or other sectarian,religious influence undertaken in connection with
the provision of such services. The Contractor shall refrain from using funds to advance any sectarian
effort.
9. (a)As a material element of this Agreement,the Contractor agrees to fully comply with the
provisions required by NYSOFA concerning equal access to services,non-discrimination and
concentration of services on target populations,as more fully set forth in the Plan.
(b) As a material element of this Agreement, the Contractor agrees to fully comply with the
Contributions Policy in NYSOFA's Program Instruction 18-PI-17 that is attached hereto as Schedule"D"
and forms a part of this Agreement. The Contractor shall provide participants an opportunity to
voluntarily contribute to the cost of the service received, as appropriate. The Contractor shall use all
collected contributions to expand the service for which the contributions were given to supplement the
funds received under the Program.
(c) The Contractor shall assist participants in taking advantage of benefits under other
programs and assure that the services provided are coordinated and do not unnecessarily duplicate
services provide by other sources.
10. Statistical information and supporting documentation concerning the Work conducted
hereunder shall be provided to the County by the Contractor on request of the County.
The Contractor shall provide the County with timely information needed to satisfy reporting
requirements as specified by NYSOFA. Documentation of reports and expenses shall include,without
limiting the right to require additional documentation: invoices for all purchases,payroll time records,
payroll records for local support contribution,municipal payment vouchers for governmental agencies
and canceled checks for private agencies,as required.
The Programmatic monthly reporting system for Service Delivery Information and Service
Recipient Information must be submitted electronically in PEERPLACE or other NYSOFA approved
electronic reporting system. The Department of Senior Programs and Services will notify those
contractors that are exempt from submitting their reports through PEERPLACE. Until further notice,all
Contractors are required to mail in the PEERPLACE MONTHLY ELECTRONIC PAPER REPORT
and/or other approved reporting measure,signed by the staff member responsible for the report. The
reports should be received by the County no later than the tenth(10th)day of the following month and/or
entered on the website at the same time. The Contractor understands and agrees that submission of the
monthly report by the deadline set forth above constitutes a material element of this Agreement. The
County reserves the right to withhold payment to Contractor for its failure to submit the monthly report
by the deadline,until such time as the monthly report is received by the County. Repeated failures by
Contractor to submit the monthly report by the stated deadline will constitute a material breach of this
Agreement justifying termination for cause as provided in Paragraph"16"hereof.
The Contractor shall furnish the County with copies of all insurance certificates,food contracts,
rental agreements,and transportation agreements relating to the services provided by the Contractor
hereunder,as applicable.
11. The Contractor agrees to procure and maintain insurance naming the County as additional
insured,as provided and described in Schedule"A,"entitled"Standard Insurance Provisions,"which is
attached hereto and made a part hereof. In addition to,and not in limitation of,the insurance provisions
contained in Schedule"A,"the Contractor agrees:
(a) that except for the amount,if any,of damage contributed to,caused by,or resulting from the
sole negligence of the County,the Contractor shall indemnify and hold harmless the County,its officers,
employees,agents,and elected officials from and against any and all liability,damage,claims,demands,
costs,judgments,fees,attorney's fees or loss arising directly or indirectly out of the performance or
failure to perform hereunder by the Contractor or third parties under the direction or control of the
Contractor;and
(b) to provide defense for and defend,at its sole expense,any and all claims,demands or causes
of action directly or indirectly arising out of this Agreement and to bear all other costs and expenses
related thereto.
(c)In the event the Contractor does not provide the above defense and indemnification to the
County,and such refusal or denial to provide the above defense and indemnification is found to be in
breach of this provision,then the Contractor shall reimburse the County's reasonable attorney's fees
incurred in connection with the defense of any action,and in connection with enforcing this provision of
the Agreement.
(d)the municipality may provide proof of self-insurance in lieu of insurance policies.
12. The Contractor agrees that any Program,public information materials,or other printed or
published materials on the work of the Program which is supported with Title III-B funds will give due
recognition to NYSOFA,the Westchester County Department of Senior Programs and Services,and
HHS.
13. The Contractor shall be solely responsible for any over expenditure of funds and the County
shall not be responsible for any over expenditure.
14. The Contractor shall provide adequate qualified and trained personnel for supervision and
fiscal management of the Program.
15. The Contractor and the County agree that the Contractor and its officers,employees,agents,
contractors,consultants and/or subcontractors are independent contractors and not employees of the
County or any department,agency or unit thereof. In accordance with their status as independent
contractors,the Contractor covenants and agrees that neither the Contractor nor any of its officers,
employees,agents,contractors,consultants,and/or subcontractors will hold themselves out as,or claim to
be,officers or employees of the County or any department,agency or unit thereof.
16. (a)The County,upon ten(10)days'notice to the Contractor,may terminate this Agreement
in whole or in part when the County deems it to be in its best interest. In such event,the Contractor shall
be compensated and the County shall be liable only for payment for services already rendered under this
Agreement prior to the effective date of termination at the rates specified in Schedule"B." Upon receipt
of notice that the County is terminating this Agreement in its best interests,the Contractor shall stop work
immediately and incur no further costs in furtherance of this Agreement without the express approval of
the Commissioner,and the Contractor shall direct any approved subcontractors to do the same.
In the event of a dispute as to the value of the work rendered by the Contractor prior to the date of
termination,it is understood and agreed that the Commissioner shall determine the value of such Work
rendered by the Contractor. The Contractor shall accept such reasonable and good faith determination as
final.
(b)In the event the County determines that there has been a material breach by the Contractor of
any of the terms of the Agreement and such breach remains uncured for forty-eight(48)hours after
service on the Contractor of written notice thereof,the County,in addition to any other right or remedy it
might have,may terminate this Agreement and the County shall have the right,power and authority to
complete the Work provided for in this Agreement,or contract for its completion,and any additional
expense or cost of such completion shall be charged to and paid by the Contractor. Without limiting the
foregoing,upon written notice to the Contractor,repeated breaches by the Contractor of duties or
obligations under this Agreement shall be deemed a material breach of this Agreement justifying
termination for cause hereunder without requirement for further opportunity to cure.
17. Failure of the County to insist, in any one or more instances,upon strict performance of any
term or condition herein contained shall not be deemed a waiver or relinquishment of such term or
condition,but the same shall remain in full force and effect. Acceptance by the County of any of the
Work or the payment of any fee or reimbursement due hereunder with knowledge of a breach of any term
or condition hereof,shall not be deemed a waiver of any such breach and no waiver by the County of any
provision hereof shall be implied.
18. If equipment costing One Thousand Dollars($1,000)or more is purchased with any Federal
or State funds provided under this Agreement,at the end of this Agreement,the County reserves the right
to require that the Contractor turn the equipment over to the County. The Contractor understands,
acknowledges,and agrees that it shall have no ownership interest in such equipment.
19. All notices of any nature referred to in this Agreement shall be in writing and either sent by
registered or certified mail postage pre-paid,or sent by hand or overnight courier,or sent by facsimile
(with acknowledgment received and a copy of the notice sent by overnight courier),to the respective
addresses set forth below or to such other addresses as the respective parties hereto may designate in
writing.Notice shall be effective on the date of receipt.
To the County: Commissioner
Department of Senior Programs and Services
9 South First Avenue, 10th Floor
Mount Vernon,New York 10550-3414
with a copy to: County Attorney
Michaelian Office Building,Room 600
148 Martine Avenue
White Plains,New York 10601
To the Contractor:
20. The Contractor represents and warrants that it has not employed or retained any person,other
than a bona fide full time salaried employee working solely for the Contractor,to solicit or secure this
agreement,and that it has not paid or agreed to pay any person(other than payments of fixed salary to a
bona fide full time salaried employee working solely for the Contractor),any fee,commission,
percentage,gift or other consideration,contingent upon or resulting from the award or making of this
agreement. For the breach or violation of this provision,without limiting any other rights or remedies to
which the County may be entitled or any civil or criminal penalty to which any violator may be liable,the
County shall have the right, in its discretion,to terminate this agreement without liability,and to deduct
from the contract price,or otherwise to recover,the full amount of such fee,commission,percentage,gift
or consideration.
21.This Agreement and its attachments constitute the entire Agreement between the parties with
respect to the subject matter hereof and shall supersede all previous negotiations,commitments and
writings. It shall not be released,discharged,changed or modified except by an instrument in writing,
signed by a duly authorized representative of each of the parties.
22. The Contractor shall ensure that where the State or local public jurisdiction requires licensure
or certification for the provision of social services,the Contractor and its approved subcontractors
providing such services under the approved the Plan shall be so licensed or certified. Workers delivering
services must be appropriately qualified,selected trained and supervised.
23. All records or recorded data of any kind compiled by the Contractor in completing the Work
described in this Agreement, including but not limited to written reports,studies,drawings,blueprints,
computer printouts,graphs,charts,plans, specifications and all other similar recorded data,shall become
and remain the property of the County. The Contractor may retain copies of such records for its own use
and shall not disclose any such information without the express written consent of the Commissioner.
The County shall have the right to reproduce and publish such records,if it so desires,at no additional
cost to the County.
Notwithstanding the foregoing,all deliverables created under this Agreement by the Contractor
are to be considered"works made for hire." If any of the deliverables do not qualify as"works made for
hire,"the Contractor hereby assigns to the County all right,title and interest(including ownership of
copyright)in such deliverables and such assignment allows the County to obtain in its name copyrights,
registrations and similar protections which may be available. The Contractor agrees to assist the County,
if required,in perfecting these rights. The Contractor shall provide the County with at least one copy of
each deliverable.
The Contractor agrees to defend,indemnify and hold harmless the County for all damages,
liabilities,losses and expenses arising out of any claim that a deliverable infringes upon an intellectual
property right of a third party. If such a claim is made,or appears likely to be made,the Contractor
agrees to enable the County's continued use of the deliverable,or to modify or replace it. If the County
determines that none of these alternatives is reasonably available,the deliverable may be returned.
24. The Contractor shall not delegate any duties or assign any of its rights under this Agreement
without the prior express written consent of the County. The Contractor shall not subcontract any part of
the Work without the written consent of the County,subject to any necessary legal approvals. Any
purported delegation of duties,assignment of rights or subcontracting of Work under this Agreement
without the prior express written consent of the County is void. All subcontracts that have received such
prior written consent shall provide that subcontractors are subject to all terms and conditions set forth in
this Agreement. It is recognized and understood by the Contractor that for the purposes of this
Agreement,all Work performed by a County-approved subcontractor shall be deemed Work performed
by the Contractor and the Contractor shall insure that such subcontracted work is subject to the material
terms and conditions of this Agreement.
If the Contractor enters into subcontracts for the performance of work pursuant to this contract,
the Contractor shall take full responsibility for the acts and omissions of its subcontractors. Nothing in
the subcontract shall impair the rights of the County under this contract or the Area Agency Plan as
approved by NYSOFA. It shall be the responsibility of the Contractor to monitor and assess the activities
performed under such subcontracts,and to ensure that these activities are provided in accordance with all
applicable requirements contained in this contract and federal and state law.
The Contractor agrees that,to the extent it or its subcontractors,if any,maintains personal
information relating to applicants or recipients of services pursuant to the contract,such information will
be kept confidential and shared with the County;or with other entities upon the consent of applicant,
recipient or an authorized representative of the applicant or recipient;or as required by federal or state
laws.
25. Nothing herein is intended or shall be construed to confer upon or give to any third party or
its successors and assigns any rights,remedies or basis for reliance upon, under or by reason of this
Agreement,except in the event that specific third party rights are expressly granted herein.
26. The Contractor recognizes that this Agreement does not grant the Contractor the exclusive
right to perform the Work for the County and that the County may enter into similar agreements with
other Contractors on an"as needed"basis.
27. The Contractor hereby represents that,if operating under an assumed name,it has filed the
necessary certificate pursuant to New York State General Business Law Section 130.
28. All payments made by the County to the Contractor will be made by electronic funds transfer
("EFT")pursuant to the County's Vendor Direct program. The Contractor acknowledges that it is already
enrolled in the Vendor Direct Program,and hereby agrees to immediately notify the County's Finance
Department in writing if the EFT Authorization Form on file must be changed,and provide an updated
paper version of the document.
29. This Agreement may be executed simultaneously in several counterparts,each of which shall
be an original and all of which shall constitute but one and the same instrument. This Agreement shall be
construed and enforced in accordance with the laws of the State of New York. In addition,the parties
hereby agree that any cause of action arising out of this Agreement shall be brought in the County of
Westchester.
If any term or provision of this Agreement is held by a court of competent jurisdiction to be
invalid or void or unenforceable,the remainder of the terms and provisions of this Agreement shall in no
way be affected,impaired,or invalidated,and to the extent permitted by applicable law,any such term,or
provision shall be restricted in applicability or reformed to the minimum extent required for such to be
enforceable. This provision shall be interpreted and enforced to give effect to the original written intent
of the parties prior to the determination of such invalidity or unenforceability.
30. This Agreement shall not be enforceable until it is signed by both parties and approved by the
Office of the County Attorney.
[NO FURTHER TEXT ON THIS PAGE]
IN WITNESS WHEREOF,the County of Westchester and the Contractor have caused this
Agreement to be executed.
THE COUNTY OF WESTCHESTER
By
Mae Carpenter,Commissioner
Department of Senior Programs and Services
CONTRACTOR:
Municipality:
By
(Signature)
(Name)
(Title)
Approved by the Westchester County Board of Legislators pursuant to Act No. —2020
adopted on ,2020.
Approved as to form and manner of execution:
Assistant County Attorney
The County of Westchester
Town of Mamaroneck
o 1, Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
FOUNDED teal
OFFICE OF THE TOWN ADMINISTRATOR
TO:
FROM:
DATE: May 6, 2020
SUBJECT:
ATTACHMENTS:
Description
❑ Authorization - New York State Transportation Agreement- Senior Citizens
O
' y
O
o Town of Mamaroneck
m Town Center
z
740 West Boston Post Road.Mamaroneck,NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810
FAX 914-381-7809
saltieri@townofmamaroneckny.org
Memorandum www.townofmamaroneckny.org
To: Supervisor and Town Board
Re: Authorization- Westchester County/New York State Transportation Agreement
Senior Citizens
Date: May 1, 2020
Attached is a second transportation agreement for our senior citizen transportation programs.
Although the agreement with Westchester County, the funding is from the State of New York.
This agreement supplements our other agreement with Westchester County. The funds received
in this program are applied to the Town's fuel costs for operation of the Senior Citizen buses. .
The State provides $2,456 of funding and there is no specific match required.
ACTION REQUESTED: THAT THE TOWN BOARD APPROVE THE ATTACHED
AGREEMENT WITH WESTCHESTER COUNTY FOR STATE FUNDING FOR
SENIOR TRANSPORTATION SERVICES AND THAT THE TOWN
ADMINISTRATOR BE AUTHORIZED TO EXECUTE THE AGREEMENT.
Stephen V. Altieri
Town Administrator
Cit Printed on Recycled Paper
COUNTY OF WESTCHESTER
SERVICE/PROVIDER AGREEMENT
INTER-MUNICIPAL AGREEMENT made the day of
2020 by and between the County of Westchester,acting by and through its Department of Senior
Programs and Services,(the"County"),and
having an office at
(the"Municipality").
1. The Municipality shall furnish to the County various transportation services for
seniors in accordance with the terms and conditions of the New York State Transportation Program
(the"Program")and as more fully described in Schedule"A"which is attached hereto and forms a
part hereof(hereinafter the"Work"). All Work must be completed in accordance with the"Standard
Assurances"comprised of the Four Year Plan and Annual Update/s to the Four Year Plan
(collectively the"Plan") in the form of a Schedule"C"attached hereto and made a part hereof. All
Work performed by the Municipality shall be under the direction of and subject to the complete
approval of the Commissioner of the Westchester County Department of Senior Programs and
Services(the"Department")or her duly authorized designee(the"Commissioner").
The Municipality shall furnish the Work only if,as, and when requested by the
Commissioner. The Municipality recognizes that this Inter-Municipal Agreement("IMA")does not
grant the Municipality the exclusive right to perform the Work for the County and that the County
may enter into similar IMAs with other Municipalities on an"as needed"basis. The Municipality
hereby waives any claims to lost or anticipated profits based on the County's failure to use the
Municipality's services to the full amount authorized to be expended under this IMA.
In the performance of the Work hereunder,the Municipality shall comply with all Federal,
State and local laws,rules and regulations, including but not limited to,those pertaining specifically
to the Program.The Municipality further agrees to furnish copies of all required records to the
County to substantiate such compliance.
The Municipality shall not delegate any duties or assign any of its rights under this IMA
without the prior express written consent of the County. The Municipality shall not subcontract any
part of the Work without the written consent of the County,subject to any necessary legal approvals.
Any purported delegation of duties,assignment of rights or subcontracting of Work under this
Agreement without the prior express written consent of the County is void. All subcontracts that
have received such prior written consent shall provide that subcontractors are subject to all terms and
conditions set forth in this IMA. It is recognized and understood by the Municipality that for the
purposes of this Agreement,all Work performed by a County-approved subcontractor shall be
deemed Work performed by the Municipality and the Municipality shall insure that such
subcontracted work is subject to the material terms and conditions of this IMA.All subcontracts for
the Work shall expressly reference the subcontractor's duty to comply with the material terms and
conditions of this IMA and shall attach a copy of the County's contract with the Municipality.The
Municipality shall obtain a written acknowledgement from the owner and/or chief executive of
subcontractor or his/her duly authorized representative that the subcontractor has received a copy of
the County's contract, read it and is familiar with the material terms and conditions thereof.The
Municipality shall include provisions in its subcontracts designed to ensure that the Municipality
1
and/or its auditor has the right to examine all relevant books,records,documents or electronic data of
the subcontractor necessary to review the subcontractor's compliance with the material terms and
conditions of this IMA. For each and every year for which this IMA continues,the Municipality
shall submit to the Commissioner a letter signed by the owner and/or chief executive officer of the
Municipality or his/her duly authorized representative certifying that each and every approved
subcontractor is in compliance with the material terms and conditions of the IMA.
2. Performance of the Work under this IMA shall commence on April 1,2020 and shall
terminate on March 31,2021 unless terminated sooner pursuant to the provisions hereof. The
Municipality shall report to the County as the Commissioner may request on its progress toward
completing the Work,and shall immediately inform the Commissioner in writing of any cause for
delay in the performance of its obligations under this IMA.
3. For the Work to be performed pursuant to Paragraph 1,the Municipality shall be
paid an amount not to exceed$ . Any and all requests for payment to be
made,including any request for partial payment made in proportion to the Work completed,shall
be submitted by the Municipality on properly executed payment vouchers of the County and paid
only after approval by the Commissioner. In no event shall final payment be made to the
Municipality prior to completion of all Work and the approval of same by the Commissioner.
All payment vouchers must be accompanied by a numbered invoice and must contain the
invoice number where indicated. All invoices submitted during each calendar year shall utilize
consecutive numbering and be non-repeating.
The Municipality shall,at no additional charge,furnish all labor, services,materials,tools,
equipment and other appliances necessary to complete the Work. Except as otherwise expressly
stated in this IMA,no payment shall be made by the County to the Municipality for out-of-pocket
expenses or disbursements made in connection with the Work to be performed hereunder.
4. The parties recognize and acknowledge that the obligations of the County under this
IMA are subject to the County's receipt of funds from the New York State Office for the Aging
("NYSOFA")to operate the Program and that no liability shall be incurred by the County beyond the
monies made available from NYSOFA for this 1MA. The Municipality agrees that the County shall
not be liable for any of the payments hereunder unless and until the County Commissioner of
Finance has received said funds.
If, for any reason, the full amount of said funds is not paid over or made available to the
County by NYSOFA,the County may terminate this IMA immediately or reduce the amount payable
to the Municipality,in the discretion of the County. The County shall give prompt notice of any such
termination or reduction to the Municipality. If the County subsequently offers to pay a reduced
amount to the Municipality, then the Municipality shall have the right to terminate this IMA upon
reasonable prior written notice.
In addition,the parties recognize and acknowledge that the obligations of the County under
this IMA are subject to annual appropriations by its Board of Legislators pursuant to the Laws of
Westchester County. Therefore,this IMA shall be deemed executory only to the extent of the
monies appropriated and available. The County shall have no liability under this IMA beyond funds
appropriated and available for payment pursuant to this IMA. The parties understand and intend that
the obligation of the County hereunder shall constitute a current expense of the County and shall not
2
in any way be construed to be a debt of the County in contravention of any applicable constitutional
or statutory limitations or requirements concerning the creation of indebtedness by the County,nor
shall anything contained in this IMA constitute a pledge of the general tax revenues,funds or moneys
of the County. The County shall pay amounts due under this IMA exclusively from legally available
funds appropriated for this purpose. The County shall retain the right,upon the occurrence of the
adoption of any County Budget by its Board of Legislators during the term of this IMA or any
amendments thereto,and for a reasonable period of time after such adoption(s),to conduct an
analysis of the impacts of any such County Budget on County finances. After such analysis,the
County shall retain the right to either terminate this IMA or to renegotiate the amounts and rates set
forth herein. If the County subsequently offers to pay a reduced amount to the Municipality,then the
Municipality shall have the right to terminate this IMA upon reasonable prior written notice.
This IMA is also subject to further financial analysis of the impact of any New York
State Budget(the"State Budget")proposed and adopted during the term of this IMA. The County
shall retain the right,upon the occurrence of any release by the Governor of a proposed State Budget
and/or the adoption of a State Budget or any amendments thereto,and for a reasonable period of time
after such release(s)or adoption(s),to conduct an analysis of the impacts of any such State Budget on
County finances. After such analysis,the County shall retain the right to either terminate this IMA or
to renegotiate the amounts and rates approved herein. If the County subsequently offers to pay a
reduced amount to the Municipality,then the Municipality shall have the right to terminate this IMA
upon reasonable prior written notice.
5. The parties expressly agree that the Municipality is an independent contractor and not
an employee and the Municipality or any third persons working on the Municipality's behalf hereby
waive any right to claim additional benefits,privileges or compensation based on any alleged or
purported theory of an employee and employer relationship.
6. The Municipality agrees and shall be subject to the insurance requirements contained
in Schedule"B,"which is attached hereto and forms a part hereof. In addition to,and not in
limitation of the insurance provisions contained in Schedule"B,"the Municipality agrees:
(a) that except for the amount,if any,of damage contributed to,caused by or resulting from
the sole negligence of the County,the Municipality shall indemnify and hold harmless the County,its
officers,employees and agents from and against any and all liability,damage,claims,demands,
costs,judgments, fees,attorney's fees or loss arising directly or indirectly out of the performance or
failure to perform hereunder by the Municipality or third parties under the direction or control of the
Municipality;and
(b) to provide defense for and defend,at its sole expense,any and all claims,demands or
causes of action directly or indirectly arising out of this IMA and to bear all other costs and expenses
related thereto.
(c) in the event the Municipality does not provide the above defense and indemnification to
the County,and such refusal or denial to provide the above defense and indemnification is found to
be in breach of this provision,then the Municipality shall reimburse the County's reasonable
attorney's fees incurred in connection with the defense of any action,and in connection with
enforcing this provision of the Agreement
7. The Municipality represents and warrants that all prices quoted herein for the work to
be performed hereunder have been arrived at by the Municipality independently and have been
3
submitted without collusion with any other vendor of similar materials,supplies,equipment or
services. In addition,the Municipality further represents and warrants that it has not paid or agreed
to pay any person(other than payments of fixed salary to a bona fide,full time,salaried employee
working solely for the Municipality)any fee,commission,percentage,gift or other consideration
contingent upon or resulting from the award or making of this IMA.
8. The Municipality hereby expressly agrees that neither it,nor any subcontractor,nor
any other person acting on behalf of the Municipality shall discriminate against or intimidate any
employee or other individual on the basis of race,creed,religion,color,gender,age,national origin,
ethnicity,alienage or citizenship status,disability,marital status,sexual orientation,familial status,
genetic predisposition or carrier status during the term of or in connection with this IMA,as those
terms may be defined in Chapter 700 of the Laws of Westchester County.. The Municipality
acknowledges and understands that the County maintains a zero tolerance policy prohibiting all
forms of harassment or discrimination against its employees by co-workers,supervisors,vendors,
contractors,or others.
9. Prior to the making of any payments hereunder,the County may,at its option,audit
such books and records of the Municipality as are reasonably pertinent to this IMA to substantiate the
basis for payment. The County will not withhold payment pursuant to this paragraph for more than
thirty(30)days after payment would otherwise be due pursuant to the provisions of this IMA,but the
County shall not be restricted from withholding payment for cause found in the course of such audit
or because of failure of the Municipality to cooperate with such audit. The County shall,in addition,
have the right to audit such books and records subsequent to payment,if such audit is commenced
within one year following termination of this IMA.
10. The Municipality shall comply,at its own expense,with the provisions of local,state
and federal laws,rules and regulations applicable to the Municipality and the Work that is the subject
of this IMA. In addition,the Municipality shall further comply,at its own expense,with all rules,
regulations and licensing requirements pertaining to its professional status and that of its employees,
partners,associates,subcontractor and others employed to render the Work hereunder.
11. All records or recorded data of any kind compiled by the Municipality in completing
the Work described in this IMA,including but not limited to written reports, studies,drawings,
blueprints,computer printouts,graphs,charts,plans,specifications and all other similar recorded
data,shall become and remain the property of the County. The Municipality may retain copies of
such records for its own use and shall not disclose any such information without the express written
consent of the Commissioner. The County shall have the right to reproduce and publish such
records,if it so desires,at no additional cost to the County.
Notwithstanding the foregoing,all deliverables created under this IMA by the Municipality
are to be considered"works made for hire." If any of the deliverables do not qualify as"works made
for hire,"the Municipality hereby assigns to the County all right,title and interest(including
ownership of copyright) in such deliverables and such assignment allows the County to obtain in its
name copyrights,registrations and similar protections which may be available. The Municipality
agrees to assist the County,if required,in perfecting these rights. The Municipality shall provide the
County with at least one copy of each deliverable.
The Municipality agrees to defend,indemnify and hold harmless the County for all damages,
liabilities,losses and expenses arising out of any claim that a deliverable infringes upon an
intellectual property right of a third party. If such a claim is made,or appears likely to be made,the
Municipality agrees to enable the County's continued use of the deliverable,or to modify or replace
4
it. If the County determines that none of these alternatives is reasonably available,the deliverable
may be returned.
12. Any purported delegation of duties or assignment of rights under this IMA without
the prior express written consent of the County is void ab initio. The Municipality shall not
subcontract any part of the Work without the written consent of the Commissioner. All subcontracts
shall provide that subcontractors are subject to all terms and conditions set forth in the contract
documents. All Work performed by a County-approved subcontractor shall be deemed Work
performed by the Municipality.
13. Pursuant to Federal Executive Order 12549,and as prescribed by federal regulations,
including 48 C.F.R. Subpart 9.4,the Contractor hereby agrees to complete the Debarment and
Suspension Certificate in the form of a Schedule"D"attached hereto and made a part hereof.
14. Failure of the County to insist,in any one or more instances,upon strict performance
of any term or condition herein contained shall not be deemed a waiver or relinquishment for the
future of such term or condition,but the same shall remain in full force and effect. Acceptance by
the County of any Work or payment of any fee due hereunder with knowledge of a breach of any
term or condition hereof, shall not be deemed a waiver of any such breach and no waiver by the
County of any provision hereof shall be implied.
15. All notices of any nature referred to in this IMA shall be in writing and either sent by
registered or certified mail postage pre-paid,or delivered by hand or overnight courier,or sent by
facsimile(with acknowledgment received and a copy of the notice sent by registered or certified mail
postage pre-paid),as set forth below or to such other addresses as the respective parties hereto may
designate in writing. Notice shall be effective on the date of receipt. Notices shall be sent to the
following:
To the County: Westchester County Department of Senior Program and Services
9 South First Avenue, 10`h floor
Mt.Vernon,NY 10550
with a copy to: County Attorney
Michaelian Office Building,Room 600
148 Martine Avenue
White Plains,New York 10601
To the Municipality:
16. (a)The County,upon ten(10)days' notice to the Municipality,may terminate this
IMA in whole or in part when the County deems it to be in its best interest. In such event,the
Municipality shall be compensated and the County shall be liable only for payment for Work already
performed under this IMA prior to the effective date of termination at the amount specified in
Paragraph"3"hereof and/or, if applicable, Schedule"A". Upon receipt of notice that the County is
terminating this IMA in its best interests,the Municipality shall stop work immediately and incur no
5
further costs in furtherance of this IMA without the express approval of the Commissioner,and the
Municipality shall direct any approved subcontractors to do the same.
In the event of a dispute as to the value of the Work rendered by the Municipality prior to
the date of termination,it is understood and agreed that the Commissioner shall determine the value
of such Work rendered by the Municipality. Such reasonable and good faith determination shall be
accepted by the Municipality as final.
(b) In the event the County determines that there has been a material breach by the
Municipality of any of the terms of the IMA and such breach remains uncured for forty-eight(48)
hours after service on the Municipality of written notice thereof,the County, in addition to any other
right or remedy it might have,may terminate this IMA and the County shall have the right,power
and authority to complete the Work provided for in this IMA,or contract for their completion,and
any additional expense or cost of such completion shall be charged to and paid by the Municipality.
Without limiting the foregoing,upon written notice to the Municipality,repeated breaches by
Municipality of any particular duty or obligation under this IMA shall be deemed a material breach
of this IMA justifying termination for cause hereunder without requirement for further opportunity to
cure.
17. This IMA and its attachments constitute the entire IMA between the parties with
respect to the subject matter hereof and shall supersede all previous negotiations,commitments and
writings. It shall not be released,discharged,changed or modified except by an instrument in writing
signed by a duly authorized representative of each of the parties.
18. Nothing herein expressed or implied is intended or will be construed to confer upon
or give any third party or its successors and assigns any rights,remedies or basis for reliance upon,
under or by reason of this IMA.
19. If any term or provision of this IMA is held by a court of competent jurisdiction to be
invalid or void or unenforceable,the remainder of the terms and provisions of this IMA will in no
way be affected,impaired,or invalidated,and to the extent permitted by applicable law,any such
term,or provision will be restricted in applicability or reformed to the minimum extent required for
such to be enforceable. This provision will be interpreted and enforced to give effect to the original
written intent of the parties prior to determination of such invalidity or unenforceability.
20. The Municipality and the County agree that the Municipality and its officers,
employees,agents,contractors,subcontractors and/or consultants are independent contractors and not
employees of the County or any department,agency or unit thereof. In accordance with their status
as independent contractors,the Municipality covenants and agrees that neither the Municipality nor
any of its officers,employees,agents,contractors,subcontractors and/or consultants will hold
themselves out as or claim to be employees of the County or any department,agency or unit thereof.
21. All payments made by the County to the Contractor will be made by electronic funds
transfer pursuant to the County's Vendor Direct program. The Contractor acknowledges that it is
already enrolled in the County's Vendor Direct Program and agrees that if there are changes to the
information contained in the authorization forms it will notify the Westchester County Finance
Department directly.
6
22. This IMA shall be construed and enforced in accordance with the laws of the State of
New York. In addition the parties hereby agree that the venue for any lawsuit arising out of this IMA
shall be in the County of Westchester.
23. This IMA shall not be enforceable until it is signed by both parties and approved by
the Office of the County Attorney.
IN WITNESS WHEREOF,the parties hereto have caused this IMA to be executed.
THE COUNTY OF WESTCHESTER
By
Mae Carpenter,Commissioner
Department of Senior Programs and Services
MUNICIPALITY:
By
(Signature)
(Name)
(Title)
Approved by the Westchester County Board of Legislators pursuant to Act No.48-2020 adopted at a
meeting duly held on the day of ,2020.
Approved as to form and manner of execution
Assistant County Attorney
County of Westchester
7
c� Town of Mamaroneck
�a
Q Town Center
r 2 740 West Boston Post Road, Mamaroneck, NY 10543-3353
FOUNDED 1661
OFFICE OF THE TOWN ADMINISTRATOR
TO:
FROM:
DATE: May 6, 2020
SUBJECT:
ATTACHMENTS:
Description
❑ Report of Bids - Contract TA-20-02 Senior Center Renovation
,- 1 A_
l
off ` Town of Mamaroneck TEL:914/381-7835
� Engineering Department, Town Center FAX:914/381-8473
y 740 West Boston Post Road,Mamaroneck, NY 10543-3353
w
rn
_
C)
•FOUNDED 1GE1 • Robert P. Wasp,P.E.,C.D.T. rwasp@townofmamaroneckNY.org
Town Engineer
INTERDEPARTMENT MEMORANDUM
DATE: April 28,2020
TO: Steve Altieri,Town Administrator
CC: Tracy Yogman,Town Comptroller
FROM: Robert Wasp, P.E.,Town Engineer
SUBJECT: Authorization of Construction Proposal
Senior Center Banquet Room Improvements(CP-2019-58)
GENERAL:
Design for renovations to the Banquet Room(Main Program/Lunch Room)at the Town Senior
Center Building, 1288 Boston Post Road was previously completed as detailed on plans prepared
by architectural consultant Lewis &Lewis Architects.The original renovation scope was limited
to the installation of new windows, doors, interior lighting,hung ceiling, flooring and related
finishes. Additional scope involving the replacement of exterior building façade and membrane
roof was incorporated following emergency repairs and stabilization performed at the center in
November 2019.
Bid documents were publicly advertised on the Empire State Purchasing Group platform
("BidNet")for a period of several weeks. In total seven(7)proposals were received from
prospective firms on March 27,2020. Bid pricing was structured with separate items for interior
versus exterior renovations scope work; and includes two related alternates that are
recommended to be undertaken while construction access is available. Please refer to the
attached tabulation summary of all contractor proposals.
Contact was initially made with the prospective low bidder RJM Construction Associates. RJM
subsequently submitted written request for withdrawal of their proposal referencing unforeseen
schedule/availability impacts imposed by the COVIDI9 pandemic.The Town Attorney and
Engineering Department have reviewed the withdrawal request and recommend acceptance on
permissible grounds.
Discussions with the second low bidder Mohegan Park Contractors, Inc. have identified no
limitation to proceed with the work in a timely and capable manner. References provided for the
firm suggest a strong history of positive work experience at similar institutional facilities.
Mohegan Park Contractors, Inc. has offered to reduce their bid proposal price by($8,000.00)to
$324,900.00 for total price including alternates.The Engineering Department recommends the
provided pricing appears fair and reasonable based upon the scope of work and is within the cost
estimate range recommended by the architectural consultant prior to bidding.
F <171%_
Town of Mamaroneck TEL:914/381-7835
._ ,
p Engineering Department, Town Center FAX:914/381-8473
I- °s z 740 West Boston Post Road,Mamaroneck,NY 10543-3353
w 0,-1• m
•
FOUNDED 1661 ' Robert P. Wasp,P.E., C.D.T. rwasp@townofmamaroneckNY.org
Town Engineer
Remaining fund balance for the capital project CP-2019-58 is limited to $141,574.00 and will
require budget amendment to provide for construction and contingency.Architectural consultant
fees in the amount of$25,500.00 are already encumbered on the capital project and do not need
to be considered as part of the budget amendment. Incorporation of ten percent(10%)
contingency budget in the amount of$32,000.00 for potential construction change orders is
recommended for inclusion.
Potential budget amendment based upon construction cost with contingency: $356,900.00 less
available balance of$141,574.00 identifies the necessary increase as $215.326.00 for
consideration by the Town Board
Please feel free to contact me with any questions.
Town of M omoronedr
Engineering Department,Town Center
740 W.Boston Post Rood,Mamaroneck,NY 20543.3353
Contract 0 TA-7002 Senior Center Improvements-Banquet Room Renovatlom
Old Opening Results,March 27,2020 at 2:00 p.m.E.S.T. TENATIVE RESULTS-SUBJECT TO REVIEW
Citicorp Cesatrnidea Ins Montan Park o PCemnta
tn Inc. TUM CmslrnWon Arsoeiates NAC Industries las Peter A.Gad01&Sompedaliy C
,Inclue mstnsnlou syuem, Slq kin Inc,;.
Bid Itemuatoo ;.
Harrlheeae.tVY10332 .• . .New Rochelle,M'10801. PlearaaMBe,NYtOS70 �Wappingers Patb,IVYI2390 • -�Plemntv6k,NYt0570 MoVernatt;,NY10S50 Valley Sheen NY11580'..
• BM Bank Ye BM Bend:Ye • BM Boa&Ye Bid Ben&Ye ' Bid Read:Ye BM Bonk Yes . ,Bid Ben&Ye '
tmaior Rerovatiom 5149,173.00 5121,500.00 $36,722.53 $150,000.00 $138,116.00 $165,000.00 $211,000.00
Exterior Renovations 576,400.00 $153,600.00 $78,266.05 $107,000.00 5109,262.00 570,000.00 5116,000.00
Total Base Bid Amount 5225575.00 $175,198.99 3114,3119.114 3297908.90 514,400.60 3213,0110.09 53294080.00
BMSupplement-Alternates .
No.I Air Conditioning System $61,550.00 $27,800.00 $30,000.00 $73,000.00 $76,130.00 580,000.00 536,000.00
No.2 EPDM Roorsystem $71,200.00 $32,000.00 $24,000.00 5100,000.00 $62,900.00 584,000.00 $76,000.00
Total Bid with Alternates S358,32100 5534,908.00 5188559.00 - . $471,908.9 3406,43800 .510,068.00 463,99800
r; A Town of Mamaroneck
p Town Center
s 740 West Boston Post Road, Mamaroneck, NY 10543-3353
o.tiot[•i... .
OFFICE OF THE TOWN ADMINISTRATOR
TO:
FROM:
DATE: May 6, 2020
SUBJECT:
ATTACHMENTS:
Description
❑ Consideration- Resolution of Dedication Highclere Court Subdivision
MEMORANDUM
To: Stephen V. Altieri,Town Administrator
Christina Battalia,Town Clerk
From: William Maker, Jr.,Attorney for the Town
Subject: Dedication of Highclere Court
Date: May 1, 2020
I attach a proposed resolution accepting the dedication of Highclere Court that
was created as part of the Durham Road subdivision.
The metes and bounds description to be contained in the deed has been examined
by the Town Engineer and found to be correct. The Engineering and Building
Departments are satisfied with the condition of the infrastructure.
RESOLUTION
Dedication of Roadway&Related Improvements for
"Highclere Court"
Durham Road Subdivision
Town of Mamaroneck,New York
On motion of , seconded by , the following was presented for a
vote by the Town Board of the Town of Mamaroneck:
WHEREAS, the subdivision known as Durham Road Subdivision was approved by Planning
Board resolution at its meeting on November 13,2013,and
WHEREAS, construction of new roadway and related sewer infrast acture improvements to
Town of Mamaroneck specifications by Highclere Court,LLC was included as a condition for the
approval of the subdivision,and
WHEREAS, the intention was for Highclere Court, LLC to dedicate said infrastructure to the
Town of Mamaroneck upon completion;and
WHEREAS,the Town has received such documentation including as-built surveys,subdivision
plans, utility plans, public and private easements agreements, Westchester County Board of
Health Approval Letters, Homeowner's Agreement Policies, Inspection Records and Material
Certifications,and
WHEREAS, the Engineering Department and Highway Department have performed final
inspections on all public impro/ements for Highclere Court and now deem it to be in proper
condition for dedication,and/
WHEREAS,the Town will hold a maintenance bond in the amount of$35,000 for a period of two
years in the event the any public improvements should fail during that period.
NOW THERFORE,BE IT
RESOLVED, that the Mamaroneck Town Board does hereby accepts dedication of Highclere
Court as Town Road,but only if Highclere Court, LLC furnishes the Town (a) with a statement
from a reputable title company licensed to do business in the State of New York certifying that
upon acceptance of a deed from Highclere Court, LLC, the Town will have title to the road(s)
depicted on the subdivision plat filed in the office of the Westchester County Clerk as subdivision
plat #28764, free and clear of any liens, other than easements for utility lines and (b) a properly
executed deed,recorded in the office of the Westchester County Clerk, that transfers title to the
road(s)to the Town,and
1
BE IT FURTHER RESOLVED, that the Town Administrator hereby is authorized to execute on
behalf of the Town such deed and the other documents that must be executed in order for such
deed to be recorded.
The above resolution was put to a roll call vote:
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Town of Mamaroneck
I t Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
•FDVIIDED IN.I •
OFFICE OF THE TOWN ADMINISTRATOR
TO:
FROM:
DATE: May 6, 2020
SUBJECT:
ATTACHMENTS:
Description
❑ Authorization -Agreement- Love Your Food Program
o o Town of Mamaroneck
W m Town Center
'FOUND[61GG1 • 740 West Boston Post Road, Mararoneck, NY 10543-3353
TEL: (914) 381-8462
OFFICE OF THE TOWN ADMINISTRATOR FAX: (914)381-7809
lluft@townofmamaroneckny.org
TO: Town Supervisor and Town Board
FROM: Lindsey Luft, Assistant to the Town Administrator,i/
SUBJECT: Love Your Food - Food Scrap Cooking Demonstration Agreement
DATE: May 1, 2020
The Town was awarded a Municipal Food Scraps Reduction, Food Donation and Food
Scraps Recycling grant from the New York State Department of Environmental
Conservation (DEC) in the amount of$127,772 in 2019. The agreement is until June 4,
2022. In this agreement, there is a budget of $8,000 to conduct food scrap cooking
demonstrations, which includes a $1,400 match. There are fourteen (14) demonstrations
in the agreement, four (4) of which have been conducted at the Mamaroneck School
District through an agreement the Town Board previously authorized (Adam Kaye
agreement). Through the Adam Kaye agreement, the Mamaroneck School District paid
for one cooking demonstration totaling $500, which will count towards the matching
portion of the budget.
This allows for a remaining budget of$6,000 to be allocated toward the remaining ten
(10) demonstrations. Of this total budget, $900 is to be a match accomplished through
in-kind services. It was planned to pay a consultant $500 for each in-person cooking
demonstration, with volunteer in-kind services totaling an additional $90 to meet the
matching obligation.
The remaining ten (10) cooking demonstrations were planned to take place at the
Food Pantry and the Farmers Market over the three-year grant time frame. Given that
we are currently in our first year of the agreement, the Love Your Food (LYF) team has
come up with a way to conduct the demonstrations while maintaining responsible
protocols during the COVID-19 pandemic.
The attached proposed agreement allows for cooking demonstrations to be
conducted virtually. These demonstrations will be shorter due to the nature of online
media. We have maintained the $500 figure and in return we will have three (3) three-
minute video demonstrations. There are two sets of the three (3) three-minute video
demonstrations in the agreement, totaling six (6) three-minute videos for$1,000. We
have received confirmation from the DEC that virtual cooking demonstrations are an
accepted expenditure. We will still accomplish the in-kind match portion with volunteer
hours.
Agreement
This agreement entered into on ,2020 between Damon Versaggi residing
at and the Town of
Mamaroneck, a municipal corporation with offices located at 740 W. Boston Post Road,
Mamaroneck,NY 10543(Town).
Recitals
Whereas, the Town has received a grant from the State of New York to conduct a
Municipal Food Scraps Reduction, Food Donation and Food Scraps Recycling Program(Grant),
and
Whereas, the Grant requires the Town, among other things, to conduct cooking
demonstrations at the Food Pantry and the Farmer's Market,and
Whereas, given the restrictions placed upon public assembly due to the COVID-19
pandemic, the State has granted permission to conduct the 2020 demonstrations online,and
Whereas, the Town wishes to engaged Mr. Versaggi to perform the services described
below.
Now,therefore,intending to be bound the parties agree to the following:
1. On dates during 2020 and at times acceptable to the Town,Mr.Versaggi will conduct
six three-minute virtual cooking demonstrations that will show how commonly discarded food
scarps can be transformed into nutritious meals that will not only save money but will minimize
wasted food.
2. The demonstrations will be transmitted via the Love Your Food(LYF)Facebook
Page. Mr. Versaggi will be responsible for providing and installing the equipment necessary to
make the transmission on Facebook.
3. The Town will pay Mr.Versaggi the sum of one hundred sixty-six and 66/100ths
($166.66) dollars for each demonstration done in 2020, a total of one thousand and no/100ths
($1,000.00) dollars if all six demonstrations occur. All expenses incurred by Mr. Versaggi in the
course of his performance shall be borne by him. The Town will not be billed for any such
expenses, as its total obligation to Mr. Versaggi under this Agreement shall not exceed one
thousand and no/100ths($1,000.00)dollars.
4. Mr.Versaggi will submit two invoices to the Town of five hundred and 00/100
($500.00)dollars each,one after three demonstrations have been conducted,and the second after
the sixth demonstration has been conducted.
5. To the fullest extent permitted by law,Mr.Versaggi shall indemnify and hold the Town
and its officers, agents, consultants, volunteers and employees harmless from and against all
claims, damages,losses and expenses,including but not limited to attorneys' fees,arising out of
or resulting from the performance of the services under this Agreement by him or anyone acting
pursuant to his direction. This obligation shall not be construed to negate,abridge,or otherwise
reduce any other right or obligation of indemnity that Mr.Versaggi otherwise has.
6. Except if there is a material breach by Mr. Versaggi, either party may terminate this
Agreement for any reason or for no reason at all,by giving the other party seven days' written
notice of the decision to terminate. If this Agreement is terminated,the amount due and payable
to Mr.Versaggi for his services rendered shall be based upon the number of three-minute virtual
cooking demonstrations he will have conducted prior to termination. If there is a material breach
by Mr. Versaggi, the Town may terminate this Agreement upon three days' notice to Mr.
Versaggi. Notice of termination can be given by way of electronic communication or written
correspondence. Upon any such termination,the parties shall endeavor to wind down activities
in an orderly manner.
Damon Versaggi
Town of Mamaroneck
By:
Stephen V.Alfieri,Town Administrator
7'7. Town of Mamaroneck
Town Center
v `. ^ 740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR
TO:
FROM:
DATE: May 6, 2020
SUBJECT:
ATTACHMENTS:
Description
❑ Resolution to Change the Date for the Tentative Assessment Role & Filing Grievances
0 9
2 'y
0 .530 Town of Mamaroneck
in Town Center
I Cf
740 West Boston Post Road,Mamaroneck,NY 10543-3353
.iotl$DIDii
OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810
FAX 914-381-7809
Memorandum saltieri@townofmamaroneckny.org
To: Supervisor and Town Board www.townofmamaroneckny.org
Re: Resolution-Tentative Assessment Roll and Filing of Assessment
Grievances
Date: May 1, 2020
As part of our actions pursuant to the Supervisor's Declaration of a State of Emergency, the law
establishing the May 1 taxable status date was extended to June 1.
The Governor's further directives regarding assessment administration granted local
governments the sole option of delaying the completion of the tentative assessment roll. It also
permitted the local government the option of postponing the submission of assessment
grievances.
Attached is a resolution for consideration by the Town Board to approve the aforementioned
changes. These changes will ease the administrative burden for the Assessor's office at a time
when the Town is complying with the required reduction in staffing in the office. Also, it
provides to the residents additional time to submit documentation needed for senior exemptions
and assessment grievances.
Stephen V. Altieri
Town Administrator
CPrinted on Recycled Paper
Change in the dates for promulgating the 2020 tentative assessment roll and
for filing administrative complaints with respect thereto.
On motion of Council , seconded by Council , the
following was approved,
Whereas,the Assessor is required by law to promulgate a tentative assessment roll on or
before June of each year and persons wishing to file complaints with respect to assessments
appearing on the tentative assessment roll are required to do so by the third Tuesday of June in
the year that such roll is promulgated,and
Whereas, Governor Andrew Cuomo's Executive Order No. 202.22 granted to towns in
Westchester County a local option(a)to allow for the filing of the 2020 tentative assessment roll
up to 30 days after such rolls otherwise are required to be filed and (b) to set a date for filing
administrative complaints with respect to the 2020 tentative assessment roll that is twenty-one
or more days after the filing of the tentative assessment roll.
BE IT
RESOLVED, that the Assessor of the Town of Mamaroneck hereby is directed to
promulgate the Town's 2020 tentative assessment roll on or before June 30, 2020,
and
BE IT FURTHER
RESOLVED, that anyone wishing to file a complaint with respect to any entry on
the 2020 tentative assessment roll (commonly referred to as a "grievance") may
do so no later than July 21,2020, and
BE IT FURTHER
RESOLVED, that the Town Board shall hold in abeyance any decision to exercise
the other options given to the Town by Executive Order No. 202.22 with respect
to the 2020 assessment process, namely whether to have the publication of the
tentative assessment roll be done solely online, whether to suspend in-person
inspection of the tentative assessment roll, whether to allow the Board of
Assessment Review Board to hear complaints remotely by conference call or
similar service and whether to extend the date for the filing of the 2020 final
assessment roll, so that the Town Board can evaluate the conditions and
determine the needs of its citizens and taxpayers at a later period.
The above resolution was put to a roll call vote: