HomeMy WebLinkAbout2017_07_21 Town Board Meeting Packet TOWN OF MAMARONECK
TOWN BOARD AGENDA
WEDNESDAY JULY 21, 2017
THE TOWN BOARD WILL CONVENE -AT 5:00PM, IN THE AUDITORIUM OF THE
WEAVER STREET FIRE HOUSE- 205 WEAVER STREET TO DISCUSS
1. Special Permit Review- Cambium: Exterior Facade
2. Food Waste Composting Program
3. Discussion - Fifth Avenue Corridor
4. New Business
Request for Executive Session
6:00PM CALL TO ORDER -WEAVER STREET FIREHOUSE
SUPERVISOR'S REPORT
CITIZEN COMMENTS
BOARD OF FIRE COMMISSIONERS
1. Fire Claims
2. Other Fire Department Business
AFFAIRS OF THE TOWN OF MAMARONECK
1 . Consideration - Special Permit Requirements - Cambium
2. Appointment- Coastal Zone Management Commission
3. Authorization - New York State Wellness In Nutrition Contract
4. Consideration of Certiorari
• APPROVAL OF MINUTES -June 7, 2017 & June 21 , 2017
REPORTS OF THE COUNCIL
TOWN CLERK'S REPORT
NEXT REGULARLY SCHEDULED MEETING -August 23, 2017 & September 6,
2017
Any physically handicapped person needing special assistance in order to
attend the meeting should contact the Town Administrator's office at 381-7810
TOWN BOARD MEETING-WORKSESSION AGENDA
WEDNESDAY, JULY 21, 2017
5:00PM, IN THE AUDITORIUM OF THE WEAVER STREET FIRE HOUSE
205 WEAVER STREET
1. Special Permit Review-Cambium: Exterior Façade
(See Attachment).
2. Food Waste Composting Program
(See Attachment).
3. Discussion- Fifth Avenue Corridor
(See Attachment).
4. New Business
5. Request for Executive Session
, ,
Town of Mamaroneck
t Town Center
4 6' 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 MOTION OF SECONDED BY
Re: Consideration—Special Permit Requirement- a •. ••
Exterior Facade MEK 0 S
Date: July 13,2017
Section 6D of the Special Permit approval for the Cambium (see attached) references the
facade of the commercial component of the project which is the New York Sports Club
building. Before the facade is renovated by the developer, the proposed plan was to be
referred to the Planning Board and Board of Architectural Review for advisory opinions to the
Town Board.The Town Board would make the final decision as to the design of the facade.
Attached are the advisory opinions of both the Planning Board and the Board of Architectural
Review.
The developer has proposed merely changing the facade of the building to match the color of
the stucco finish to the color of the Cambium building. At the time the special permit was
originally considered,the developer, at that time, submitted a rendering (which is attached).
As you can see in this rendering, the facade change includes more detail and incorporates
awnings and architectural arches to match the arched window design in the Cambium
building.
It is therefore, up to the Town Board how it wishes to proceed with this matter.
, .:f(:-------
Stephen V.Altieri
Town Administrator
October 18, 2006
6)Residential Building.
a. SecurityNisitor Parking:
i. If the Knox Box system is established by the Fire department as standard
for multi-family structures, the Applicant shall instal a Knox Box at the
Byron Place lobby and at the Maxwell Avenue gar ge entrance for the use
of the Fire Department and Ambulance Service.
ii. The building shall have a private, on-site concierge in the front lobby. The
concierge shall be reachable via a central buzzer i the front door is not
open
iii. The on-site concierge shall be responsible for dire ting visitors to parking
spaces within the building's garage whenever all o the visitor parking
spaces to be constructed on Byron Place are occu1 ied. The Applicant shall
not discontinue the on-site concierge without the p rmission of the Town
Board. See 10)b. iii. below.
b. On-site Recreation: The proposed building shall have a co unity lounge and
bicycle racks for residents. There shall be a landscaped courtyard and adjoining
activity rooms on the second floor for residents'use. Smallek resident terraces shall
be located on the seventh floor.
c. Green Roof: The proposed building shall have a green roof.',Such roof shall cover no
more than 50 percent of the total roof. The Applicant has st*Gd that the green roof is
expected to provide water quality benefits and will reduce the volume of stormwater
runoff from the site. Nevertheless, the green roof was not considered part of the
stormwater management system for purposes of calculatingjpost-development
runoff. In the event the green roof fails'or has a lessened ability to control stormwater
runoff, the building's owner/manager/agent shall still adhere!to the requirements
stated above in No. 5, Stormwater Management.As a condition of final approval, the
plans submitted for any building permit shall include construction documents
concerning the green roof, its construction, and its landscaping.
d. Architectural Features:
i. In its letter of December 14, 2005(attached), the Bbard of Architectural
Review(BAR)approved graphic and sample materials presented by the
Applicant. The drawings and their dates are listed ii the letter.Any
significant change from the proposed visual character, materials selection,
facade details, color palette, conceptual landscape plan, or other exterior
features or details shown to and approved by the BAR shall require an
amendment to the Special Permit;see Section 10.b below for action.
ii. Before renovating the facade of the commercial component of the project,
the Applicant shall submit its plans to the Town Board which shall refer
such plans to the Planning Board and the BAR for advisory opinions. The
Town Board shall not approve such plans until the learfier of the Town
Board's receipt of such advisory opinions from both the Planning Board and
the BAR or the 60th day following the date that the referral is received by
the secretary of the Planning Board and the Director of Building Code
Enforcement and Land Use Administration.
7) Emergency Access and Fire Safety.
a. Emergency access shall be as shown on drawings cited ab4ive regarding site layout
plan, site grading and utility plan, and emergency access provisions for the building.
b. The Byron Place entry driveway shall be designed to acconlr>aodate the movements
of Mamaroneck Fire Department ladder truck 19, The entry ativeway shall be
constructed to a standard highway(H-20)loading, to accor9modate Mamaroneck
Fire Department ladder truck 19.
c. The parking garage levels shall have a mechanical ventilatit'rf system meeting
building codes.
d. The Applicant shall install an additional hydrant close to thelSiamese connection on
the Maxwell Avenue side of the building. An additional fire department connection
shall be provided on the Byron Place side of the building, near the existing hydrant.
e. Fire Department access shall be provided along the full east and west frontages of
the building(Maxwell Avenue and Byron Place.)
f. The Applicant shall comply with the fire protection and life safety features set forth in
the meeting report dated August 8, 2006 prepared by Divney, Tung, Schwalbe.
8) Construction.
a. Construction activities for the proposed project are planned oto occur in three primary
phases (i.e. site preparation/excavation/foundation;supers ructure and enclosure;
interior fit outs and finishes), over a period of approximately�1I22 months.
b. The hours of construction will comply with all relevant Town of Mamaroneck
ordinances.
c. The Applicant shall exercise best practices to keep construction equipment in good
11
Town of Mamaroneck Town Center
740 West Boston Post Road,Mamaroneck.NY 10543-33 19
914-381-7830
Board of Architectural Review
To the Town Board,
I have visited the site(13-19 Madison Avenue)and reviewed the submission dated
3/9/17. In my opinion,the proposed architectural treatment is adequate and acceptable to me. I
do have concerns about the signage,particularly the oval shaped logos,and would think that
given that the signage will be removed as part of the facade renovation,this would be an
opportunity to improve the signage if only to eliminate the logos which I believe don't comply
with our signage code. I understand that the Board of Architectural Review has requested that
the applicant resubmit with the signage applied to the elevations. I think this is necessary.
Let me know if I can be of further assistance.
Sincerely
Edward Z.Jacobson
Board of Architectural Review.Chairman
Altieri, Stephen
From: Lisa Hochman<lisahochmanlaw@gmail.com>
Sent: Thursday,July 13,2017 10:01 AM
To: Altieri,Stephen;Seligson,Nancy
Subject: 13-19 Madison Avenue Facade
Steve and Nancy,
Last night the Planning Board reviewed the proposed request to alter the facade of the shopping center adjacent
to the Cambium. The majority of board members present expressed their objection to the proposed
change. They wish to retain the agreement for the facade required at the time of the original special permit
approval because they believe it would be more harmonious with the surrounding built environment. One board
member stated that he has no objection to the current aesthetics.
Pease feel free to contact me with any questions.
Lisa
Lisa A.Hochman
Lisa Hochman Law
Telephone: 914-315-6777
This Electronic Mail transmission and any accompanying documents contain information belonging to the
sender which are confidential and legally privileged. This information is intended only for the use of the
individual or entity to whom this transmission was sent as indicated above. If you are not the intended
recipient,any disclosure,copying,distribution,or action taken in reliance on the contents of the information
contained in this transmission is strictly prohibited. If you have received this transmission in error,please reply
to the sender at(914)315-6777 or lisahochmanlaw@gmail.com.
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740 West Boston Post Road • Mamaroneck, NY 10543 • 914-381-7810
Memorandum
To: Board of Trustees-Village of Larchmont
Town Board-Town of Mamaroneck
Re: Food Waste Composting/Recycling Program
Date: July 10, 2017
The Commission is prepared to initiate in September, a food waste
recycling/composting program for the residents of the Village and Unincorporated
Town. The Town's intern Ben Morris has been working with the Commission gathering
details on the program that was started in the Village of Scarsdale this past January.
Their program has been increasingly successful with approximately 700-800 residents
now participating.
The program proposed by the Commission would essentially mirror the program in the
Village of Scarsdale. Food waste recycling encompasses virtually all forms of food
waste including meat bones, egg shells and organic food wastes. In addition plain
paper napkins and non-coated white paper plates may also be composted in this
program. The food waste is taken to one of two composting facilities; one in Ulster
County, New York or a second facility in Connecticut where it is process and converted
to mulch.
The way the program works is as follows:
• Residents purchase a food waste kit that includes; a two gallon container that
the resident would keep on their kitchen counter, a six gallon container that is
kept in the garage and rolls of compostable bags to line the containers. The
bags are made of corn husks and will compost along with the food waste. The
kits are sold for $20.00 each.
• Residents would bring their food waste to the Maxwell Avenue recycling facility.
• As needed, residents can purchase additional compostable bags from the
Commission.
• The Commission will be setting up a food waste depot to receive the material at
Maxwell Avenue. The depot will consist of 20 sixty-four gallon cans that will also
be lined with compostable bags. Residents will dispose of their food waste into
these cans. The sixty-four gallon cans are equipped with a locking feature that
will prevent raccoons and rodents from getting into the cans. Also, the waste is
sprayed with a non-toxic deodorizer to reduce the smell.
• The Commission will contract with Suburban Carting to collect the food waste
once a week from Maxwell Avenue. Suburban Carting will charge $400 per
11P
month to pick up 10 sixty-four gallon cans per pick up. Additional pickups are
available at an additional cost.
• Periodically the Commission will purchase the composted material and make it
available free of charge to residents to use in their gardens and landscaped
areas. The compost giveaway program has been very successful in Scarsdale.
Attached is a budget that has been prepared by the Town's intern Ben Morris outlining
both the startup and recurring expenses for the program. The budget outlines the
revenues expected from the program along with both the startup and recurring
expenses for the program. The initial startup expenses assume initial participation of
400 residents. The startup expenses for 2017 are estimated at$12,848. Revenues for
2017 are expected to be $8,950. The attached budget also projects revenues and
expenses for a full year of the program in 2018.
The plan is to roll out the program in mid- September. Marketing and advertising of the
program would begin now and continue through August. Marketing will include
postings to the Town and Village website, the municipal Facebook pages as well as
production of a brochure specific to the food waste program that would be distributed
to the community.
The food waste/recycling program is another opportunity to make residents aware of
the content of their waste and establish another recycling program to help reduce our
overall waste production. Fortunately the Town and Village have a terrific track record
for recycling and waste reduction. Therefore we think this program will be another
successful recycling program for the two communities.
Stephen V. Altieri
Superintendent
t
Projected Food Waste Recycling Budget 2017 and 2018
Revenue Overview
Price Number of Reins Revenue Notes
2017 Revenue t a ",�,If
�p
Starter Kit ,- 400 58,000 Starter Kit includes:Countertop Pail.Eco-Caddy,2 Stickers,Guide,1 roll of 3gal bags)-I 131 41
3gal Bags 100 5200 Sold by the roll 3
13gal Bags 150 5750 Sold by the roll
Total 2017 Revenue $8,950
2018 Revenue
Starter Kit S2' 600 512,000 Starter Kit includes:Countertop Pall.Eco-Caddy,2 Stickers,Guide,1 roll of 3gal bags
3gal Bags 200 5400 Sold by the roll
13gal Bags SS 400 52,000 Sold by the roll
Total 2018 Revenue $14,400
Expense Overview
Unit Cost Number of Items Total Cost Company Notes
Startup Expenses(One-Time Charges)
65ga1 Organics Cart 5163 20 $3,268 Toter Bright Green,Duralatch Lid,Sealed tip bar
Compost Info Sign 5428 1 5428 Glenco Supply
2gal Countertop Pail 54 400 51,600 Sure-Close Grey,Lid Style-Solid
6gal Eco-Caddy 513 400 55,200 EcoSafe Zero Waste Green
Stickers 50.20 1000 5200 PSPrint
Guides for Starter Kits 50.38 1000 5388 Interstate Graphics and Signs
3gal Bags 533 25 S828 Natur-Tec Case includes 20 rolls/25 bags
13gal Bags 543 15 5645 Natur-Tec Case includes 10 rolls/25 bags
64gal Bags 548 4 5191 Natur-Tec Case includes 6 rolls/10 bags
Natur-Tec Shipping $100 1 5100 Natur-Tec
Total Startup Expenses 512,848
Recurring Expenses(2017)
4 pickups/month 5400 4 months S_.60c Suburban $95 for additional pickups,$28 per extra Toter
3gal Bags $33 As Needed T131) Natur-Tec Case Includes 20 rolls/25 bags
13gal Bags $43 As Needed 'I;[ Natur-Tec Case Includes 10 rolls/25 bags
64gal Bags 548 As Needed T8'3 Natur-Tec Case includes 6 rolls/10 bags
Total Recurring Expenses $1,600
Total Expenses(2017) $14,448 Includes Startup Expenses and Year 1 Operations
Recurring Expenses(2018)
4 pickups/month12 $4,800 Suburban $95 for additional pickups,528 per extra Toter
2gal Countertop Pail 600 $2,400 Sure-Close Grey,lid Style-Solid
6gal Eco-Caddy 600 S7.80P EcoSafe Zero Waste
Guides for Starter Kits 400 5210 Interstate Graphics and Signs
3gal Bags 40 $1,324 Natur-Tec Case includes 20 rolls/25 bags
13gal Bags 40 $1,721 Natur-Tec Case Includes 10 rolls/25 bags
64gal Bags 20 S95'• Natur-Tec Case includes 6 rolls/10 bags
Total Recurring Expenses $19,210
Net Expenses
Net Expenses(2017) $5,498 Includes Startup Expenses and 2017 Operations
Net Expenses(2018) 5 .810 Includes 2018 Operations
Memo
To: Town Board Members
From: Nancy Seligson
Re: Fifth Avenue Entrance to Town
Date: July 12, 2017
Ralph Engel contacted me regarding the condition and aesthetics of the Fifth Avenue corridor
entrance to the Town. According to Ralph, many people use Fifth Avenue to access the
apartment buildings in Washington Square, or to avoid the toll on 195. He and his neighbors in
the Carlshire would like to see the area improved.
I met with Ralph Engel on Monday July 11th, at his request,to walk the area. We discussed the
condition of the road surface, sidewalks, curbs, landscaping, zoning and streetscape. I promised
to bring the issues to the attention of the Town Board.
The Town hasn't focused on Fifth Avenue for a long time. It is a semi-industrial and residential
area of the Town. Ralph is concerned about what could be built if certain buildings were torn
down, and if the zoning would support aesthetic improvements in the area. There is one parcel
which will soon be developed and others which will probably be developed or redeveloped in
the future.
I think, in general, he is asking for the Town Board to take an interest in the area.
I think it is worth discussing and taking a look at the area together. I suggest a walking TB field
trip of the area so we all understand the conditions to inform our discussion. Let's decide upon
a date for the field trip at our July 17th meeting.
Town of Mamaroneck
From: Tony Siligato-Town Comptroller /� 1
Re: Fire Claims (�
Date: July 17,2017
The following Town of Mamaroneck Fire Department claims have been certified by Chief Paul Tortorella
and submitted to the Comptroller's Office for payment:
VENDOR DESCRIPTION AMOUNT
Hydrotest,Fire Boot,Pac Adj.Kit.Oversize Sledge Hammer,Nylon Channel Nuts.Axe
AAA Emergency Supply Co. Hangers,Hydrant Wrenches,Firefighters Escape Training $ 3,742.06
Atlantic Westchester Inc. Hvac Maintenance $ 598.74
Atlantic Westchester Inc Semi-Annual Contract Service 7/1/17-12/31/17 $ 1,600.00
Amazon.Com Kimberly-Clark Nitrile E,Proff.55,Scotch multi use duct tape,soap.glass cleaner $ 223.63
AT&T Mobility Wireless Service for 5/12-6/11/17 $ 362.34
Brewer Hardware Vehicle wash brush $ 45.87
Cablevision Cable service for 6/23-7/22/17 $ 212.70
CIT Finance LLC Xerox Copier contract 6/21/17 $ 277.89
Con Edison Fire HO Gas service 5/30-6/28/17 $ 158.03
Chatsworth Cleaners Uniform Cleaning 5/1-5/31/17&7/6/17 5 301.25
O.S.P.Fire Protection Fire Extinguisher Inspection $ 455.00
Ready Refresh Rental for water coolers at FD HQ 5/19-6/18/17 $ 114.96
Senate Electronics,Inc. Door Lock repair $ 187.50
Town of Mam'k Prof FF Life Ins For Career Staff of 12 for the month of June 2017 5 188.64
UniFirst Corporation Cleaning supplies for building 6/16,6/23,6/30:17 S 163.23
UniFirst Corporation Cleaning supplies for building 717/17 S 58.61
United Communications Corp Pager Chargers,Belt Clips and Batteries $ 1,000.00
Villa Maria Pizza Food for Department Explorer/New Member Drill 7/5/17 5 96.08
Villa Maria Pizza Food for Department Drill 6/20/17 5 60.51
VF Imagewear,Inc. Uniform Shirts for Volunteers $ 304.57
Verizon Fire HQ service 6/10-7/9/17 $ 238.29
WJWW 205 Weaver St Charges 4/25-5/25/17 $ 136.91
WJWW 205 Weaver St Charges 5/25-6/25/17 $ 76.64
Westech Elevator Services Maintenance for July 2017 $ 175.00
$
Total: $ 10,778.45
TOWN OF MAMARONECK FIRE DEPARTMENT
• OFFICE OF THE
CHIEF .\-1.77Headquarters
205 WEAVER STREET
LARCH MONT,NEW YORK 10538
WEAVER 834-2100 EMERGENCY
_ 834-2101-NON EMERGENCY
1tk1/4).."' d4 834-2438-2101 CHIEFS OFFICE
STREET 834-0922-FAX
WWW.TMFD.ORG
ZwiteanysoN
To: Board of Fire Commissioners
From: Chief Paul Tortorella
Date: July 1, 2017
Re: Fire Report for the Month of June 2017
The following report outlines response to calls made during the month of June 2017. 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 33
Minors 20
Stills 0
Out of Town(Mutual Aid) 3
EMS 36
Drills 3
TOTAL 95
Total number of personnel responding: 681
Total time working: 45 hours and 10 minutes
Respectfully Submitted,
Chief Paul Tortorella
Incident Type Count Report
Date Rance: From 6/1/2017 To 6/30/2017
Selected Station(s): All
Incident
Tvne Description Count
Station: EMS
321 - EMS call,excluding vehicle accident with inion 36 39.13%
Total-Rescue& Emergency Medical Sen ice Incidents 36 100.00%
Total for Station 36 39.13%
Station: HO
113 -Cooking fire,confined to container I 1.09%
Total-Fires 1 1.85%
322F-Vehicle accident with injuries 6 6.52%
Total-Rescue& Emergency Medical Sen ice Incidents 6 11.11%
412-Gas leak(natural gas or LPG) 5 5.43%
440-Electrical wiring/equipment problem,other 2 2.17%
444-Power line down 2 2.17%
463-Vehicle accident,general cleanup I 1 O o
Total-Hazardous Conditions(No fire) 10 18.52%
520-Water problem,other I 1.09%
531 -Smoke or odor removal 2 2.17%
571 -Cover assignment,standby,moveup I 1.09%
Total-Service Call 4 7.41%
622-No incident found on arrival at dispatch address 1 1.09%
651 -Smoke scare,odor of smoke 3 3.26%
652-Steam,vapor,fog or dust thought to be smoke I 1.09%
671 -Hazmat release investigation w/no hazmat I 1.09%
Total-Good Intent Call 6 11.11%
700-False alarm or false call,other 2 2.17%
733-Smoke detector activation due to malfunction 1 1.09%
735-Alarm system sounded due to malfunction 2 2.17%
736-CO detector activation due to malfunction 2 2.17%
743-Smoke detector activation,no fire-unintentional 6 6.52%
744-Detector activation,no fire-unintentional 3 3.26%
745-Alarm system sounded,no fire-unintentional 9 9.78%
746-Carbon monoxide detector activation,no CO 2 2.17°o
Total-Fals Alarm& False Call 27 50.00%
Total for Station 54 58.70%
Station: STIL
571 -Cover assignment,standby,moveup I 1.09%
Total-Service Call 1 50.00%
611 -Dispatched&cancelled en route I 1.09%
Total-Good Intent Call 1 50.00%
Total for Station 2 2.17%
92 100.00%
Panic 1 of I Printed 07/01/2017 09:43:47
•
Town of Mamaroneck, NY
Town Board Agenda Memorandum
To: Town Administrator
Stephen Altieri
From: Anna Danoy
Date: 7/5/17
Meeting Date: 7/17/17
Subject: Westchester County Wellness In Nutrition (WIN) Contract 2017-2018
The Westchester County Department of Senior Programs and Services contract offering New York
State funding to the Town of Mamaroneck under the Wellness in Nutrition program has been
received and completed for your review.
Wellness in Nutrition funding provided by the New York State Office for the Aging(NYSOFA)is
intended to supplement the Title IIIC-2 Home Delivered Meals program"to improve the well-being
of elderly person who are at high nutritional risk."This grant enables the Town of Mamaroneck to
offer to those seniors deemed "at risk"a cold meal consisting of a sandwich, milk,juice and fruit in
addition to the hot meal they receive each weekday.
State Funds: Town Match:
Wellness in Nutrition Program (WIN) $6,225 $0
Nutrition Services Incentive Program (NSIP) $2,011* $ 0
*this funding is performance-based state-wide and is not guaranteed
I am requesting that you review the required documents,and request that the Town Board authorize
you to execute the contracts for the period 4/1/2017-3/31/2018.
pester
:•:K. ..,. 0 )\:(0111
Robert P.Astorino
County Executive
Department of Serum {'n)rnmw and MIA*
Nine Carpenter
Commissioner
June 26,2017
Ms. Anna Danoy
Director, Community Services & Housing
Town of Mamaroneck
740 West Boston Post Road
Mamaroneck, NY 10543
RE Title Wellness in Nutrition Program (WIN)and
Nutrition Services Incentive Program (NSIP) Contract, PY 2017-2018
Dear Ms. Danoy:
Enclosed is one blank copy of the WIN and NSIP contract for Nutrition Services to be provided by the Town
of Mamaroneck The contract is comprised of an Agreement and Schedules''A", "B"and "C and will cover
the program period commencing on April 1, 2017 and continuing through March 31,2018. State funding for
the 2017—2018 program year will be in an aggregate amount not-to-exceed $8,236, comprised of the
following:
• $6,225 in funding for the WIN program, and
• $2,011 in estimated funding for the NSIP program
The Department may reduce the amount payable to its contractors if the New York State Office for the
Aging reduces the Department's Federal and/or State funding. in which case you will be notified. Please be
aware that the NSIP funding listed on the allocation are high estimates to cover your program for the
projected annual NSIP allocation
Additionally, we are now e-mailing contracts in an effort to expedite the delivery of contracts to our
contractors. This allows you to have an electronic copy on hand in the event that you need to reprint a page
without having to wait for it to be sent through the postal service. You MUST use the original contract
documents that we have provided. NO ALTERATIONS may be made to the contract without the prior
consent of the Dept. With the exception of the applicable Excel Pages. +ill out ;i t
electronically t: Hent to ri , al ity ci , ._,ncompllance with these
requests will result in the contract returned to your agency
9 South First Avenue.10"Floor
Mount Vernon,New York 10550-3411 Telephone: (914)813-6100 Fax: (914)813-6399 Wehxite: www.westchestergov.com
Please printout a hard copy of the contract and fill it out making sure that where signatures are required
on all documents that they are original. ONLY return the ENTIRE originally signed contract to me at the
address in the footer on the first page. Contracts with COPIED signatures are unacceptable.
Please refer to the"Standard Insurance Provisions"on pages 1 and 2 of Schedule"A"for detailed information
regarding ALL required insurances. Contracts will be on hold pending receipt of any missing insurance form.
Remember to list Westchester County as an Additional Insured on the Certificate of Liability Insurance.
All Nutrition Program Contractors are required to mail in the completed PeerPlace MONTHLY NUTRITION
REPORT 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, The County reserves the right to withhold
payment to Contractor for its failure to submit the monthly report by the deadline, until the monthly report is
received by the County.
Please direct program-related questions to your program liaison Patricia Szeliga at 914-813-6432. You may
also contact me at 914-813-6058 or via e-mail at ssj3@westchestergov.com for questions pertaining to the
processing of the contract.
Sincerely,
Sharon Johnson
Program Administrator
Encl.
THIS AGREEMENT made this day SSof .AO, I 1 , 20j]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
tkJ. CL nc l(-1a1,41kirk
a municipal corporation organized under the laws of the State of New York,
having an office and principal place of business at—440 idl '1 1)c14i
tL4Au4L iV CI< ray u5
(hereinafter referred to as the "Contractor")
WHEREAS, the County has been awarded grants by the New York State Office
for the Aging ("NYSOFA") pursuant to the Wellness In Nutrition Program (WIN")
formerly known as the Supplemental Nutrition Assistance Program ("SNAP"), and the
Nutrition Services Incentive Program ('NSIP") of the Older Americans Act to provide
nutrition services to improve the well-being of those elderly persons who are at high
nutritional risk (referred to herein as the "Programs"), and
WHEREAS, the Contractor desires to provide Program services upon the terms
and conditions hereinafter set forth, and the County desires the Contractor to provide
such Program services upon such terms and conditions.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and
agreements contained herein, the parties hereto agree as follows:
1. The Contractor shall provide the Program services in accordance with and
shall comply with the terms and conditions set forth in Schedules "A", "B" and "C", which
are annexed hereto and made a part hereof(collectively, the "Work"). All Work must be
performed in accordance with the terms of the Standard Assurances in the approved
Four Year Plan and Annual Update to the 2016-20 Plan (collectively the "Plan')
attached hereto and made a part hereof in the form of Schedule "C". 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 NYSOFA, and the County if required.
2. The term of this Agreement shall commence on April 1, 2017 and expire on
March 31, 2018, unless terminated sooner pursuant to the provisions hereof.
3. The County shall reimburse the Contractor for the operation of the Program
described in Paragraph 1 hereof, in the amount not to exceed set forth in Schedule "B".
Payment for services provided hereunder shall be made only for expenses
actually incurred and paid by the Contractor, which sums shall be subject to downward
adjustment by the County based upon actual Program services rendered by the
Contractor during the term of this Agreement, at the rate of not greater than $ N/A per
congregate meal and at the rate of not greater than $5.00 per home delivered meal.
The foregoing obligation of the County to make payment is expressly conditioned upon
the County's receipt of the Notification of Grant Award Letter from NYSOFA and upon
compliance by the Contractor with all the terms and conditions contained in this
Agreement.
The amount set forth in Schedule "B" for congregate meals
shall not exceed $ N/A
The amount set forth in Schedule "B" for home delivered meals
shall not exceed $
The amount set forth in Schedule "B" for NSIP shall not exceed
$ .,�� C211
The total amount to be paid to the Contractor under this Agreement
shall not exceed the sum of $ 0.�co •
The parties recognize and acknowledge that the obligations of the County
under this Agreement are subject to the County's receipt of the Notification of Grant
Award letter from NYSOFA to operate WIN and NSIP of the Older Americans Act.
2
If, for any reason, the Notification of Grant Award Letter is not received by
the County from NYSOFA, the County may terminate this Agreement immediately or
reduce the amount payable to the Contractor, in the sole and complete 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.
3
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.
The distribution of NSIP funds shall be 1) subject to the County's receipt of the
Notification of the Grant Award Letter, as hereinabove provided; and 2) accomplished
by written confirmation sent by the Department of Senior Programs and Services to the
Contractor, without the need to enter into supplemental agreements.
The Contractor shall advise the participant that he or she may make a money
contribution toward each meal received by participant pursuant to this Agreement. The
amount of such contribution shall be suggested and posted by the Nutrition Site Council
for the Contractor. The Contractor shall not however, deny a meal to a participant who
does not make such contribution.
The County shall not be obligated to make any payment to the Contractor
hereunder unless and until the Contractor has complied with all of the terms and
conditions contained in this Agreement.
4. The Contractor shall be reimbursed by the County only for expenses
actually incurred and paid by the Contractor after the County has received approval
from the NYSOFA. Payment shall be made on a monthly basis, upon submission by
the Contractor of claims or vouchers and such supporting documentation as the County
may require, and subject to the County's receipt of the Notification of Grant Award
Letter from NYSOFA as described above and subject to the approval of same by the
4
Commissioner of the Westchester County Department of Senior Programs and
Services or her duly authorized designee (hereinafter, "Commissioner").
Expenditures will be made only for authorized items of expense contained in the
budget set forth in Schedule "B". If and when expenditures for other than authorized
items become necessary, the Contractor will request approval for such additional
expenditures from the County in writing. The County, in its sole and complete
discretion, shall decide whether to grant approval for such additional expenditures. The
Contractor understands and agrees that it shall be solely responsible for any over
expenditure of funds and the County shall have no liability whatsoever therefore.
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
thereof from 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 immediately reimburse the County for such payment
made to the Contractor, or, the County, in its sole discretion, may deduct such amount
from future payments due and owing the Contractor under this Agreement or other
agreements the County may have with the Contractor, in the sole discretion of the
County. In no event shall final payment be made to the Contractor prior to completion
of all services, the submission of reports and the approval of same by the County.
5. 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, including, but not limited to the laws, rules and regulations detailed in Schedule
"C", which is attached hereto and made a part hereof.
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:
5
"In compliance with 29 U.S.C. § 794 (Section 504 of the
Rehabilitation Act of 1973, as amended) and 42 U.S.C. §
2000d et. seq. (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."
6. The Contractor hereby expressly agrees that 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. 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.
7. (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 ensure that any services to be provided under this
Application 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.
8 Except for subcontracts specifically provided for in Schedule B, the
Contractor shall not assign, transfer, subcontract, or otherwise dispose of this
6
Agreement or any right, duty or interest herein, without the prior express written
approval of the County. Any attempted assignment, transfer, subcontract or other
disposal of any right, duty or interest under this Agreement not in compliance with this
section shall be void ab initio.
All subcontracts for which the Contractor has obtained such prior written
approval shall provide that subcontractors are subject to all terms and conditions set
forth in the contract documents. All work performed by an approved subcontractor shall
be deemed work performed by the Contractor.
9. The Contractor must attempt to provide service to low income minority older
individuals in at least the same proportion as the population of low income minority
older individuals bears to the population of older individuals of the area served by such
Contractor. As a material element of this Agreement, Contractor agrees to fully comply
with the provisions required by the Office for the Aging concerning equal access to
services, non-discrimination and concentration of services on target populations, as
more fully set forth in Schedule "C", attached hereto and made a part hereof.
10. Statistical information and supporting documentation concerning the
Program conducted hereunder shall be provided to the County by the Contractor on
request of the County.
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.
The Programmatic monthly reporting system for Service Delivery Information and
Service Recipient Information must be submitted electronically in the NYSOFA'S Client
Statewide Data System (PeerPlace). The Department 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
7
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
service provided by the Contractor hereunder.
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 negligence of the County, the Contractor 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, attorneys' 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.
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
8
NYS Wellness in Nutrition Program funds will give due recognition to NYSOFA and the
Westchester County Department of Senior Programs and Services and as appropriate
the Administration on Aging/Administration for Community Living (AoA/ACL) of the
United States Department of Health and Human Services ("HHS').
13. 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 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 will be returned.
All records compiled by the Contractor in completing the work described in this
Agreement, including but not limited to written reports, studies, drawings, negatives of
photographs, 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.
14. If equipment costing One Thousand Dollars ($1,000) or more is purchased
with state funds under this Agreement, and the equipment is no longer needed for
activities supported under the Program, NYSOFA reserves the right to select a recipient
for and approve the transfer to such recipient of such equipment, which must be used
for services to older adults.
9
15. The Contractor shall provide adequate qualified and trained personnel for
supervision and fiscal management of the Program.
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 set forth herein. 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 services rendered by the
Contractor prior to the date of termination, it is understood and agreed that the County
Attorney shall determine the value of such services rendered by the Contractor. Such
reasonable and good faith determination shall be accepted by the Contractor 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 services provided for in this Agreement, or contract for their completion,
and any additional expense or cost of such completion shall be charged to and paid by
the Contractor. Notice shall be effective on the date of receipt. Without limiting the
foregoing, upon written notice to the Contractor, repeated breaches by Contractor of
any particular duty or obligation under this Agreement shall be deemed a material
breach of this Agreement justifying termination for cause hereunder without
requirement for further opportunity to cure. Notice shall be effective on the date of
receipt.
10
17. The failure of the County to insist, in any one or more instances, upon a
strict performance of any of the terms, covenants, agreements and conditions of this
Agreement, shall not be considered as a waiver or relinquishment for the future of such
covenant, but the same shall continue and remain in full force and effect.
18. 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
couner, or sent by facsimile (with acknowledgment received and a copy of the notice
sent by registered or certified mail postage pre-paid), to the addresses 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:
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:
-FORA Di AA 0,1_1601)6a
.44 0 . PY,Y:51-1 i'1 51 �k
Pilum ,u. i( N\) I0,5e)
19. 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
11
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.
20. The Contractor agrees, as a material element of this agreement, that no
information about an elderly person, or obtained from such elderly person, shall be
disclosed by the Contractor to a third party in a form that identifies such elderly person,
unless the disclosure is specifically required by court order, program monitoring by
authorized Federal, State or local monitoring agencies, or by actual or immediate
danger to the health, safety or welfare of such elderly person.
21. Attached hereto and forming a part hereof as Schedule "A" is a
questionnaire entitled "Required Disclosure of Relationships to County." The
Contractor agrees to complete said questionnaire as part of this Agreement. In the
event that any information provided in the completed questionnaire changes during the
term of this Agreement, Contractor agrees to notify County in writing within ten (10)
business days of such event.
22. Pursuant to Section 308.01 of the Laws of Westchester County, it is the
goal of the County to encourage, promote and increase participation of business
enterprises which are owned and controlled by persons of color or women in contracts
and projects funded by the County, and to monitor such participation. In furtherance of
this goal, the Contractor hereby agrees to complete the questionnaire attached as part
of Schedule A. This requirement does not apply to municipalities.
23. VENDOR DIRECT PAYMENT: 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. Successful Contractors doing business with Westchester
County, who are not already enrolled in the Vendor Direct Program, will be required to
fill out and submit an EFT Authorization Form prior to receiving an award or purchase
12
order. The EFT Authorization Form, Instructions and related information are annexed
hereto as part of Schedule LA". Payments will be automatically credited to the
Contractor's designated bank account at the Contractor's financial institution.
Payments are anticipated to be deposited two business days after the voucher/invoice
is processed for payment. Saturdays, Sundays, and legal holidays are not considered
business days. Under the Vendor Direct program you will receive an e-mail notification
two days prior to the day the payment will be credited to your designated account. The
e-mail notification will come in the form of a remittance advice with the same
information that currently appears on County check stubs and will contain the date that
the funds will be credited to your account. All information received will be treated and
handled as strictly confidential. The completed Authorization Form must be returned by
the Contractor to the Department of Finance prior to execution of the contract. In rare
cases, a hardship waiver may be granted. For a Hardship Waiver Request Form,
please contact the Finance Department. Any successful Contractor that fails to return
the completed authorization form(s) prior to execution of the contract may be
considered non-responsive and the contract may be rejected.
24. This Agreement may not be modified or amended unless done so in writing
and signed by both parties herein, subject to all necessary County legal approvals.
25. This Agreement shall be governed by the laws of New York State.
26. 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.
27. This Agreement shall not be enforceable until signed by all parties and
approved by the Office of the County Attorney.
13
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
THE COUNTY OF WESTCHESTER
By
Mae Carpenter, Commissioner
Department of Senior Programs
and Services
CONTRACTOR:
By
(Signature)
(Name)
To Mdyndustr ta(
(Title)
Approved by the Westchester County Board of Legislators pursuant to Act
78-2014 adopted on May 5, 2014.
Approved by the Board of Acquisition and Contract of the County of Westchester on
the 18`h May, 2017
Approved as to form and manner of execution:
Sr. Assistant County Attorney
The County of Westchester
14
ACKNOWLEDGMENT
STATE OF NEW YORK
ss.:
COUNTY OF WESTCHESTER )
On the day of in the year 2017 before me,
the undersigned, a Notary Public in and for said State, personally appeared
personally known to me or proved to me
on the basis of satisfactory evidence to be the individual whose name is subscribed to the
within instrument and acknowledged to me that he/she executed the same in his/her
capacity, and that by his/her signature on the instrument, the individual, or the person upon
behalf of which the individual acted, executed the instrument; and, acknowledged if
operating under any trade name, that the certificate required by the New York State
General Business Law Section 130 has been filed as required therein.
Signature and Office of individual
taking acknowledgement
CERTIFICATE OF AUTHORITY
(MUNICIPALITY)
(Official other than official signing contract)
certify that I am the of
(Title)
the
(Name of Municipality)
a Municipal Corporation duly organized and in good standing under the laws of the
State of New York that
(Person executing agreement)
who signed said agreement on behalf of the
(Name of Municipality)
was, at the time of execution
(Title of such person)
of the Municipal Corporation and that said agreement was duly signed for and on behalf
of said Municipal Corporation by authority of its governing board, thereunto duly
authorized and that such authority is in full force and effect at the date hereof.
(Signature)
STATE OF NEW YORK
ss.:
COUNTY OF
On the day of in the year 2017 before me, the
undersigned, a Notary Public in and for said State,
personally appeared, personally known to me or proved to me on the basis of
satisfactory evidence to be the officer described in and who executed the above
certificate, who being by me duly sworn did depose and say that he/she resides at
, and he/she is an
officer of said municipal corporation: that he/she is duly authorized to execute said
certificate on behalf of said corporation, and that he/she signed his/her name thereto
pursuant to such authority.
Notary Public
Date:
2