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HomeMy WebLinkAbout2022_05_04 Town Board Meeting PacketTOWN OF MAMARONECK TOWN BOARD AGENDA Wednesday, May 4, 2022 5:OOPM THE TOWN BOARD WORK SESSION: The Work Session will convene in Conference Room C located on the ground floor at the Town Center. 1 Discussion - Community Development Block Grant ("CDBG") - New Harmon Drive Sidewalk Improvement 2 Discussion - Community Development Block Grant ("CDBG") - Senior Center Parking Lot Improvements Discussion - Revised Sustainable Westchester Memorandum of Understanding for Participation 3. in the Short -Term Westchester Power Extension Contract for Communities in the Con Edison Service Territory 4. Discussion - Proposed Town Center Signage 5. 2022 Operating Budget Amendments 6. 2022 Capital Budget Amendments 7. Operating Budget Report - Q1 2022 8. Capital Budget Report - Q1 2022 9. Presentation - Comprehensive Plan Update 10. Updates 11. Request for Executive Session 8:OOPM TOWN BOARD REGULAR MEETING: The Town Board meeting will convene in the Courtroom located on the second floor at the Town Center. The public is able to view the meeting on cable access television (Optimum 76/ Fios 35) or on LMCMedia.org. SUPERVISOR'S REPORT PUBLIC HEARING CITIZEN COMMENTS STAFF COMMENTS/ PRESENTATIONS 1. Larchmont Volunteer Ambulance Corp ("LVAC") Proclamation 2. Senator Shelley Mayer - EMS Legislation Presentation 3. Chief Creazzo - Quarterly Update BOARD OF FIRE COMMISSIONERS 1. Fire Claims Pagel of 145 AFFAIRS OF THE TOWN OF MAMARONECK Approval - Community Development Block Grant ("CDBG") - New Harmon Drive Sidewalk Improvements 2 Approval - Community Development Block Grant ("CDBG") - Senior Center Parking Lot Improvements Adoption - Revised Sustainable Westchester Memorandum of Understanding for Participation in 3. the Short -Term Westchester Power Extension Contract for Communities in the Con Edison Service Territory 4. Certiorari REPORT OF MINUTES REPORTS OF THE COUNCIL TOWN CLERK'S REPORT TOWN ATTORNEY'S REPORT NEXT REGULARLY SCHEDULED MEETING - Wednesday, May 18, 2022 Any physically handicapped person needing special assistance in order to attend the meeting should contact the Town Administrator's office at 381-7810. Page 2 of 145 • Town of Mamaroneck ` Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 MRobson@TownofMamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Community Development Block Grant ("CDBG") — New Harmon Drive Sidewalk Improvements Date: April 28, 2022 Attached is the agreement with Westchester County for the Community Development Block Grant ("CDBG") for the New Harmon Drive Sidewalk Improvements. We are respectfully requesting the following action by the Board: Resolved that the Town Board hereby approves the agreement with Westchester County for the Community Block Development Grant and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 3 of 145 and Contract Number: C -67-21-U24 THIS INTERMUNICIPAL AGREEMENT made this day of 2022, by and between: THE COUNTY OF WESTCHESTER, a municipal corporation organized and existing under the laws of the State of New York, having its offices in the Michaelian Office Building, 148 Martine Avenue, White Plains, New York, 10601 (the "County") THE TOWN OF MAMARONECK, a municipal corporation organized and existing under the laws of the State of New York, having its offices at 740 West Boston Road, Mamaroneck, New York 10543 (the "Municipality") WITNESSETH: WHEREAS, the County, in cooperation and agreement with the Municipality, has applied for and has been awarded a grant from the United States Department of Housing and Urban Development ("HUD") under Title 1 of the Housing and Community Development Act of 1974, as amended 42 USC § 5301 et seq. (the "Act"), with the eligibility of the County for such grant based, in part, on its status as an "Urban County" as defined under 24 CFR Part 570.307 of the Community Development Block Grant ("CDBG") Regulations as may be amended from time to time. WHEREAS, the County achieved its "Urban County" status as a result of entering into cooperation agreements (the "Urban County Cooperation Agreement(s)") with that number of other municipalities in Westchester County whose combined population exceeds 200,000 in number; and WHEREAS, said Urban County Cooperation Agreement(s) are required because the County, under applicable law, is not authorized to exercise the full complement of powers necessary or appropriate to carry out all the requirements or achieve all the goals of the Act and CDBG Regulations. Page 4 of 145 WHEREAS, pursuant to the Urban County Cooperation Agreement(s) each municipality has agreed, among other things, to exercise its powers to carry out projects/programs under the Act and CDBG Regulations (24 CFR Part 570); and WHEREAS, the Municipality is one of such cooperating municipalities, and as such has executed an Urban County Cooperation Agreement with the County under the Act and CDBG Regulations and a copy of such agreement is on file with the County; and WHEREAS, it is acknowledged and agreed that the municipality is obligated pursuant to the Urban County Cooperation Agreement to comply with the provisions of Title VI of the Civil Rights Act of 1964, the Fair Housing Act of 1968 and the Americans with Disabilities Act of 1990 and to do what is necessary, as determined by the County, to comply with each of the above referenced Acts, the rules and regulations thereunder, and the undertakings and assurances in the application form insofar as they relate to the activities and programs conducted by the municipality pursuant to this grant, including to affirmatively further fair housing within its own jurisdiction and not impede the County's action to comply with its fair housing certifications; and WHEREAS, the Municipality has submitted a grant application to the County for performing a project or conducting a program, using CDBG funds and the County has concurred with the validity of the project or program through a grant application process; and WHEREAS, in connection with the aforementioned grant, the County has received and/or will receive grant funds and desires to provide such funds to the Municipality to provide the project or program as more fully set forth in Schedule "A"; and WHEREAS, the Municipality acknowledges that the County's receipt of the aforementioned grant funding is conditioned, inter alia, on compliance with the provisions of the Act, including the requirement that it affirmatively further fair housing ("AFFH") as set forth in 42 U.S.C. §5304(b)(2); and Page 5 of 145 WHEREAS, the Municipality acknowledges that the County signed a stipulation and order of settlement and dismissal in connection with United States of America ex rel. Anti -Discrimination Center of Metro New York, Inc., v. Westchester County, New York, No. 06 Civ. 2860 (DLC) (the "Settlement Agreement") and that paragraph 25(d) thereof requires that agreements for the use of public funds and resources, including but not limited to, agreements for Community Development Block Grant ("CDBG") funds contain certain minimum commitments by eligible municipalities; and WHEREAS, the County has submitted a plan entitled the "Westchester County Fair and Affordable Housing Implementation Plan," dated August 9, 2010 (the "IP"), outlining the County's proposed plan to develop fair and affordable housing as required by the Settlement Agreement, which Plan may be amended from time to time; WHEREAS, the Municipality desires to receive such grant funds and to provide such projects and programs upon the terms and conditions contained herein; and NOW, THEREFORE, in consideration of the terms and conditions herein contained, the County and the Municipality agree as follows: FIRST: (a) The Municipality shall perform a project or conduct a program, as follows; for a New Harmon Drive Sidewalk Project in the Town of Mamaroneck in accordance with the terms as contained in and as more particularly described in the Scope of Services, which is attached hereto and made a part hereof as Schedule "A" (hereinafter referred to as the "Work"). The Work includes, without limitation, services provided directly by the Municipality and by any approved contractor, subcontractor or consultant (together the "Contractor(s)"). The Municipality agrees, and shall cause any Contractor(s) to agree, that the Work shall be carried out in accordance with all Federal, State, and local laws, including, but not limited to, the Act and its implementing regulations, (24 CFR 570) and any applicable rules issued thereunder and agrees to comply with all applicable CDBG Regulations set forth in 24 CFR Part 570, including without limitation those set forth in 24 CFR 135 (the "Part 135 Regulations"). Page 6 of 145 (b) Pursuant to the Part 135 Regulations, where applicable the Municipality agrees, and shall cause all Contractor(s) to agree, to comply with the "Section 3 Clause," as maybe amended from time to time, and as set forth in Section 1 of Schedule "D," which is attached hereto and forms a part hereof. The Municipality further agrees to include said Section 3 Clause in any section 3 covered subcontract. SECOND: The term of this Agreement shall commence on February 15, 2022, and shall terminate on February 14, 2023, unless terminated sooner in accordance with the terms herein. Any extension of the term must be requested by the Municipality in writing and signed off and approved by the County Commissioner of Planning or her duly authorized designee (the "Commissioner"), subject to the receipt of all applicable approvals, including without limitation, the County Board of Acquisition and Contract. The Municipality shall report to the Commissioner on its progress at least once a month, or more frequently 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. The Municipality shall be responsible for submitting certain forms and reports as required by the Act and the County. For all projects and programs, a County payment voucher and invoice detailing the work completed shall be submitted, as directed herein, on an agreed upon incremental basis. Where applicable, the Municipality shall submit a sub -recipient report, in the format directed by the County. For construction projects, the Municipality shall submit monthly work progress reports including: 1. Certified Invoice — AIA G702 Form. 2. Progress Schedule as agreed upon by the Municipality and the Contractor(s). 3. Section 3 and Davis Bacon compliance certification forms as described in Section D. 4. Weekly interview reports and payroll records, as described in Schedule E. The Municipality shall complete those specific Work items identified in Schedule "A" by the interim deadlines set forth therein, if any, unless an interim deadline is extended by the Commissioner in writing. Page 7 of 145 THIRD: For the services provided by the Municipality pursuant to Paragraph "FIRST" hereof, the Municipality shall be paid in an amount not to exceed ONE HUNDRED THOUSAND DOLLARS ($100,000), pursuant to the approved budget set forth in Schedule "A". Except as otherwise expressly stated in this Agreement, no payment shall be made by the County to the Municipality for out-of-pocket expenses or disbursements made in connection with the services rendered or the work to be performed hereunder. Any and all requests for payment to be made, including any request for partial payment, shall be submitted by the Municipality 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 must contain the dates that the invoiced work commenced and terminated. 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 Municipality prior to completion of all Work and the approval of same by the Commissioner. The Municipality shall, at no additional charge, furnish all labor, services, materials, tools, equipment and other appliances 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 Municipality exceed the not -to -exceed amount set forth above. FOURTH: Prior to the making of any payments hereunder, the County or HUD may audit such books and records of the Municipality as are reasonably pertinent to this Agreement to substantiate the basis for payment. The Municipality will, and will require any approved Contractor(s) to make their books and records available to the County or HUD for audit and inspection. 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 or HUD shall find cause to withhold payment in the course of such review or the Municipality and/or any approved Contractor(s) fails to cooperate with such audit. Page 8 of 145 It is recognized and understood by the Municipality that as part of the County's right to audit the Municipality and/or any approved Contractor(s) to substantiate the basis for payment, the County and/or HUD has the right to audit the performance of the terms of this Agreement by the Municipality and/or an approved Contractor(s). Towards this end, the County and/or HUD may request documentation from the Municipality and/or any approved Contractor(s) to verify performance of the terms of this Agreement, which the Municipality shall provide or cause to be provided. The County and/or HUD may also make site visits to the location(s) where the work is being performed to both review the Municipality's and/or Contractor's records and observe the performance of the Work. In addition, the County and/or HUD shall have the right to audit the books and records of the Municipality and/or any Contractor(s) in connection herewith, and the Municipality shall, and shall require its Contractor(s) to make its books and records available to the County and/or HUD for audit and inspection at any time during the one year period following termination of this Agreement. All of the provisions of this Section FOURTH will survive for a period of six (6) years following the later of termination of this Agreement or completion of the Work. FIFTH: The parties hereto acknowledge and agree that, in accordance with paragraph 25(d) of the Settlement Agreement, the grant of funds authorized hereunder is specifically conditioned upon the Municipality's commitment to affirmatively further fair housing ("AFFH") within its borders. Municipality hereby agrees, on a going forward basis, to: 1. Ban local residency requirements and preferences and other selection preferences that do not AFFH for all housing developments approved after the date of this agreement unless such requirements or preferences receive prior approval in accordance with paragraph 25(d) of the Settlement Agreement for the Section Fifth Duration (defined below); 2. Offer the County a "Right of First Refusal" to retain and/or purchase any and all land acquired in rem to be used for housing that AFFH; and Page 9 of 145 3. Use reasonable efforts to AFFH through the Municipality's land use regulations and other affirmative measures to assist development of affordable housing, such as promotion of inclusionary zoning. The County's audit rights, as referenced in FOURTH, above, shall extend to all documents, reports, and records which relate to the Municipality's commitment to AFFH as described herein. All of the provisions of this Section FIFTH will survive until the expiration of the HUD grant which funds the project or program described herein (the "Section Fifth Duration"). SIXTH: (a) The parties acknowledge and agree that the obligations of the County hereunder are subject to the County's receipt of all appropriate grant funds as detailed in Schedule "A" which is attached hereto and made a part hereof including without limitation, grant funds from New York State, HUD, etc. If for any reason whatsoever, the full amount of grant funds anticipated to be received pursuant to the CDBG or applicable program, or any portion thereof, are not received by the County for any reason whatsoever or are reduced, denied or fail to be approved in full for payments due the Municipality, the County shall have the right to either terminate this Agreement or to renegotiate the amounts and rates as 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 Agreement upon reasonable prior written notice. (b) The parties further acknowledge and agree that the obligations of the County hereunder with respect to funds, if any, not received pursuant to a grant (the "Non Grant Funds") are 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 Municipality, Page 10 of 145 then the Municipality shall have the right to terminate this Agreement upon reasonable prior written notice. (c) The parties further acknowledge and agree that the obligations of the County under this Agreement with respect to any Non Grant Funds 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 such monies being 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 Municipality, then the Municipality shall have the right to terminate this Agreement upon reasonable prior written notice. SEVENTH: (a) The County, upon ninety (90) days notice to the Municipality, may terminate this Agreement 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 services already rendered under this Agreement prior to the effective date of termination at the rates specified in Schedule "A". Upon receipt of notice that the County is terminating this Agreement in its best interests, the Municipality shall stop work immediately and incur no further costs in furtherance of this Agreement without the express approval of the Commissioner, and the Municipality shall direct any approved Contractor(s) to do the same. Page 11 of 145 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. The Municipality shall accept such reasonable and good faith determination as final. (b) Except as may be set forth in this Agreement; in the event the County determines that there has been a material breach by the Municipality of any of the terms of the Agreement 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 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 Municipality. Without limiting the foregoing, upon written notice to the Municipality, repeated breaches by the Municipality 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. EIGHTH: The Municipality agrees to procure and maintain insurance naming the County as additional insured, as provided and described in Schedule "B", 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 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, elected officials, 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 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 Agreement and to bear all other costs and expenses related thereto. Page 12 of 145 (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. NINTH: The Municipality 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 Municipality 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 Municipality) 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. TENTH: (a) The Municipality agrees that neither it nor any Contractor(s), employees 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 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. (b) The Municipality hereby acknowledges and agrees: A. That in the hiring of employees for the performance of work under this contract or subcontract hereunder, no Municipality, Contractor(s), nor any person acting on behalf of such Page 13 of 145 Municipality, Contractor(s), shall by reason of race, creed, color, religion, gender, age, ethnicity, disability, sex, alienage or citizen status, national origin, marital status, sexual orientation, familial status, genetic predisposition or carrier status discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; B. That neither the Municipality, nor any Contractor(s), nor any person on their behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, creed, color, religion, gender, age, ethnicity, disability, sex, alienage or citizen status, national origin, marital status, sexual orientation, familial status, genetic predisposition or carrier status; C. That there may be deducted from the amount payable to the Municipality by the County, under this contract, a penalty of fifty (50) dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; D. That the Agreement may be cancelled or terminated by the County, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement; and E. The aforesaid provisions of this section covering every contract for or on behalf of the County, for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. ELEVENTH: Notwithstanding the foregoing, the Municipality shall, and shall ensure that all third parties under its direction and control, (i) comply, at it's own expense, with the provisions of all applicable local, state and federal laws, rules and regulations, including, but not limited to the Federal and State Labor laws, the State Worker's Compensation Law, the State Unemployment Insurance Law, State Environmental Quality Review Act, the Federal Social Security Law, the Community Development Act, Section 3 of the Housing and Urban Development Act of 1968, the Civil Rights Act of 1964, the Fair Housing Act of 1968, the Americans with Disabilities Act, Executive Order 11246, Page 14 of 145 the Clean Air Act, the Water Pollution Control Act, and all HUD regulations and directives; and (ii) design and construct, at no expense to the County, all new and gut rehab residential buildings up to three stories to meet the standard for Energy Star Qualified New Homes (< [85 for South]) on the HERS Rating Scale, including that all procedures used for this rating shall comply with National Home Energy Rating System guidelines. TWELVETH: The Municipality acknowledges that to the extent the County provides any deliverables hereunder, including without limitation, written reports, studies, construction and detail drawings, blueprints, computer printouts, graphs, charts, plans, and specifications, all rights, title and interest (including ownership of copyright) in the foregoing shall be retained by the County. The Municipality shall not use such deliverables other than to perform its obligations as stated in this Agreement and shall not distribute the deliverables to third parties without the County's express written consent except as may be necessary in connection herewith. Moreover, all records or recorded data of any kind (together the "Records") compiled by the Municipality and/or any Contractor(s) in completing the Work described in this Agreement shall become and remain the property of the County. The term "Records" shall be deemed to include, but not be limited to, written reports, studies, construction and detail drawings, blueprints, computer printouts, graphs, charts, plans, specifications. 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, if any, created under this Agreement by the Municipality, County and/or any Contractor(s) 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 rights, 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 original of each deliverable. Page 15 of 145 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 it. If the County determines that none of these alternatives is reasonably available, the deliverable may be returned. Notwithstanding the foregoing the parties hereto acknowledge that they are both subject to the New York State Freedom of Information Law, as set forth in Public Officers Law, Article 6, which mandates public access to government records. The parties hereby acknowledge and agree that they shall have the right to disclose such information as is required by law and that any such disclosure will be limited to the extent that the applicable party considers proper under the law; however, such party will assert any exemptions or exclusions if applicable, if confidential information is sought pursuant to such law or regulation. If either party is directed or ordered to provide or disclose any information or otherwise required to do so by law, such party shall promptly notify the other that the information is being provided or disclosed. THIRTEENTH: The Municipality shall not delegate any duties or assign any of its rights under this Agreement 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. The Municipality shall ensure that all such County -approved subcontracts provide that Contractor(s) are subject to all terms and conditions set forth in this Agreement. It is recognized and understood by the Municipality that for the purposes of this Agreement, all Work performed by a County -approved Contractor(s) shall be deemed Work performed by the Municipality. The Municipality shall ensure that all subcontracts for the Work shall expressly provide that Contractor(s) are subject to all terms and conditions set forth in this Agreement. notwithstanding the foregoing, the Municipality shall remain liable to the County for the performance of all obligations under this Agreement. FOURTEENTH: The Municipality acknowledges and agrees that the Municipality and its officers, employees, agents, Contractor(s) and/or consultants are independent contractors and not Page 16 of 145 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, Contractor(s) and/or consultants will hold themselves out as, or claim to be, officers or employees of the County or any department, agency or unit thereof. FIFTEENTH: 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 Work or the payment of any invoice or 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. SIXTEENTH: 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 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: Commissioner Department of Planning Michaelian Office Building 148 Martine Avenue White Plains, New York 10601 with a copy to: County Attorney Michaelian Office Building 148 Martine Avenue White Plains, New York 10601 Page 17 of 145 To the Municipality: Town of Mamaroneck 740 West Boston Road Mamaroneck, NY 10543 Att. Meredith S. Robson, Town Administrator SEVENTEENTH: 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, agreements 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. In the event of any conflict between the terms of this Agreement and the terms of any schedule or attachment hereto, it is understood that the terms of this Agreement shall be controlling. EIGHTEENTH: 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. NINETEENTH: The Municipality recognizes that this Agreement does not grant the Municipality the exclusive right to perform the Work for the County and that the County may enter into similar agreements with other recipients on an "as needed" basis and the County may contact and direct any Contractor(s) and delegate any and/or all portions of the Work herein to either the Municipality and/or Contractor(s) at its sole discretion. However, all billing and payments shall be administered through the Municipality and it shall be Municipality's sole responsibility to tender payments to any Contractor(s). TWENTIETH: 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. Page 18 of 145 In addition, the parties hereby agree that for 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. TWENTY- FIRST: The Municipality shall use all reasonable means to avoid any conflict of interest with the County and shall immediately notify the County in the event of a conflict of interest. The Municipality shall also use all reasonable means to avoid any appearance of impropriety. TWENTY—SECOND: All payments made by the County to the Municipality will be made by electronic funds transfer ("EFT") pursuant to the County's Vendor Direct program. Any Municipality or Contractor(s) 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 in order to receive payment. The EFT Authorization Form and related information are annexed hereto as Schedule "C". The completed Authorization Form must be returned by the Municipality to the Commissioner prior to execution of the contract. In rare cases, a hardship waiver may be granted. For a Hardship Waiver Request Form, please contact the Westchester County Finance Department. TWENTY-THIRD: The Municipality agrees to comply with, and where applicable complete, all attached the schedules to this Agreement, including without limitation the following which are attached hereto and made a part hereof: "Other Federal Requirements" (Schedule "D"); the "Federal Labor Standards Provisions" (Schedule "E"); "Certification Regarding Lobbying" (Schedule "F"); the "Certification Regarding Drug Free Workplace Requirements" (Schedule "G"); and "Certification Regarding Debarment and Suspension" (Schedule "H"). Page 19 of 145 TWENTY-FOURTH: The recitals preceding the body of this Agreement are hereby incorporated by reference into the body of this Agreement. TWENTY-FIFTH: This Agreement shall not be enforceable until it is signed by the parties and approved by the Office of the County Attorney. IN WITNESS WHEREOF, The County of Westchester and the Municipality have caused this Agreement to be executed. THE COUNTY OF WESTCHESTER IM Name: Norma V. Drummond Title: Commissioner of Planning THE TOWN OF MAMARONECK 0 Name: Title: Approved by the Board of Acquisition and Contract of the County of Westchester on the 31st day of March, 20221 Approved as to form and manner of execution County Attorney The County of Westchester Page 20 of 145 MUNICIPALITY'S ACKNOWLEDGMENT STATE OF NEW YORK RIM COUNTY OF WESTCHESTER) On the day of in the year 2022 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 acknowledgment Page 21 of 145 CERTIFICATE OF AUTHORITY I, , (Officer other than officer signing contract) certify that I am the of (Title) the (the "Municipality") a municipal corporation duly organized and in good standing under laws of the State of New York named in the foregoing agreement; that (Person executing agreement) who signed said agreement on behalf of the Municipality was, at the time of execution (Title of such person) of the Municipality and that said agreement was duly signed for and on behalf of said Municipality by authority of its Board of , thereunto duly authorized and that such authority is in full force and effect at the date hereof STATE OF NEW YORK ss.: COUNTY OF WESTCHESTER) (Signature) On this day of 2022, before me personally came , whose signature appears above, to me known, and known to me to be the of (Title) , the Municipality described in and which executed the above certificate, who being by me duly sworn did depose and say that he/she, signed his/her name hereto by order of the Board of of said Municipality. Notary Public Page 22 of 145 C -67-21-U24 SCHEDULE "A" SCOPE OF SERVICES BETWEEN THE COUNTY OF WESTCHESTER AND THE TOWN OF MAMARONECK FOR A SIDEWALK REPLACMENT PROJECT ON NEW HARMON DRIVE IN THE TOWN OF MAMARONECK. A. PURPOSE The Town of Mamaroneck will use the Community Development Block Grant funds to replace the sidewalks on New Harmon Drive. This project will include, but not be limited to, the removal of the current sidewalks and installation of new sidewalks on Harmon Drive and other miscellaneous work in this low to moderate income area in the Town. B. SCOPE OF SERVICES/BUDGET FOR PROJECT SITE WORK ITEM AMOUNT Site Preparation $120,000.00 Site Restoration $120,000.00 GRAND TOTAL $240,000.00 Total CDBG Contribution $100,000.00 The Municipality is responsible for all costs above the CDBG contribution of $100,000. C. TIME OF PERFORMANCE The contract between the County of Westchester and the Town of Mamaroneck will begin on February 15, 2022, and end on February 14, 2023. D. PAYMENT The County of Westchester will reimburse the Municipality for expenses incurred in connection with the Project in an amount not to exceed $100,000.00. The Catalog of Federal Domestic Assistance (CFDA) Number for the Community Development Block Grant (CDBG) Program is 14.218. Any and all requests for payment to be made, including any partial payment made in proportion to the work completed, shall be submitted on properly executed payment Page 23 of 145 vouchers of the County and paid only after approval by the Commissioner of Planning of the County of Westchester or her duly authorized designee (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 sequential numbering and be non -repeating. The Municipality, as a subrecipient must submit a "CDBG Subrecipient Report" with each voucher. The CDBG Subrecipient Report must include accomplishment data as per the scope of services. It is understood that the Municipality will comply with the federal regulations for equal employment opportunity, labor, and Section 3 as specified in the Community Development Act. Failure to comply will result in the withholding of payment by the Westchester County Department of Planning. It is also understood that the Department of Planning staff will visit the site during construction and will inspect the project for substantial completion. It is also understood that the Municipality will comply with all requirements and provisions under the Americans with Disabilities Act as it may be amended from time to time, with regard to the work under this contract. The Municipality fully understands and acknowledges its responsibility to comply with the Americans with Disabilities Act ("ADA"), the rules and regulations thereunder, and that nothing contained herein shall be construed to absolve the Municipality from these obligations. It is further understood that all ADA work must be performed pursuant to the United States Department of Housing and Urban Development Rule 24, CFR Part 9. The Municipality further acknowledges and agrees that if, in order to comply with the ADA, it should become necessary to perform certain work not covered in the terms of this Agreement, or if it should become necessary to modify or redo work already performed pursuant to the terms of this Agreement, then such work will be the sole responsibility of the Municipality to perform and the County will not be obligated, in any way, to further compensate the Municipality. As of July 1, 1996, all recipients of grants in amounts of $300,000.00 annually or more of direct federal financial assistance, including awards received indirectly from the state and which may contain a mix of federal and state funds, must provide the County of Westchester with an annual audit performed at the recipient's expense. As a subrecipient, the Municipality, at its sole cost and expense, shall submit each year hereunder to the Commissioner no later than ninety days following the conclusion of each fiscal year of the subrecipient an audited statement of its operations in accordance with the terms of the contract. Submission of the audited statement shall not limit the County's right to inspect and audit the subrecipient records and books of account. Such statement shall comply with respective federal or state grant compliance requirements Page 24 of 145 and governmental auditing standards applicable to the program and shall be prepared by a public accountant meeting the independence standards included in generally accepted government auditing standards. The subrecipient further agrees to furnish all reports and materials necessary to permit the County to fulfill its reporting requirements to state and federal authorities. The subrecipient shall include in its Agreement with an independent auditor selected to perform the audit required hereunder a provision providing the County, state and federal authorities with access to the auditor's work papers. Unless the County, state or federal authorities shall advise the subrecipient in writing to the contrary, the subrecipient and its independent auditor shall retain all financial records and work papers for a period of three years after the expiration or termination of this Agreement. All publicity and press releases regarding the project will include details regarding the funds provided by the Westchester County Community Development Block Grant Program. The County of Westchester requires that bid specifications for this project include the clause: Pursuant to Section 308.01 of the Laws of Westchester County, the policy of the County is to encourage the meaningful and significant participation on County contracts for business enterprises owned by persons of color and women - Minority Business Enterprise (MBE) and Women Business Enterprise (WBE). A business owned and controlled by women or persons of color is defined as a business enterprise including a sole proprietorship, partnership or corporation that is: At least 51 % owned by one or more persons of color or women; b. An enterprise in which such ownership by persons of color or women is real, substantial and continuing; C. An enterprise authorized to do business in this state which is independently owned and operated. In addition, any business enterprise certified as an MBE or WBE pursuant to Article 15-a of the New York State Executive Law and the implementing regulations, 9 NYCRR subtitle N part 540 et seq., or as a small disadvantaged business concern pursuant to the Small Business Act, 15 U.S.C. 631 et seq., automatically qualifies. The Municipality must provide statistics to the Department of Planning on the participation of MBE/WBE. The records must indicate the type and amount of each prime contract, and indicate whether the business is owned by someone who is African- American, Hispanic, Asian -American, American Indian or Alaskan Native. Page 25 of 145 SCHEDULE`B" STANDARD INSURANCE PROVISIONS (Municipality) 1. Prior to commencing work, and throughout the term of the Agreement, the Municipality shall obtain at its own cost and expense the required insurance as delineated below from insurance companies licensed in the State of New York, carrying a Best's financial rating of A or better. Municipality shall provide evidence of such insurance to the County of Westchester ("County"), either by providing a copy of policies and/or certificates as may be required and approved by the Director of Risk Management of the County ("Director"). The policies or certificates thereof shall provide that ten (10) days prior to cancellation or material change in the policy, notices of same shall be given to the Director either by overnight mail or personal delivery for all of the following stated insurance policies. All notices shall name the Municipality and identify the Agreement. If at any time any of the policies required herein shall be or become unsatisfactory to the Director, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the Director, the Municipality shall upon notice to that effect from the County, promptly obtain a new policy, and submit the policy or the certificate as requested by the Director to the Office of Risk Management of the County for approval by the Director. Upon failure of the Municipality to furnish, deliver and maintain such insurance, the Agreement, at the election of the County, may be declared suspended, discontinued or terminated. Failure of the Municipality to take out, maintain, or the taking out or maintenance of any required insurance, shall not relieve the Municipality from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the contractual obligations of the Municipality concerning indemnification. All property losses shall be made payable to the "County of Westchester" and adjusted with the appropriate County personnel. In the event that claims, for which the County may be liable, in excess of the insured amounts provided herein are filed by reason of Municipality's negligent acts or omissions under the Agreement or by virtue of the provisions of the labor law or other statute or any other reason, the amount of excess of such claims or any portion thereof, may be withheld from payment due or to become due the Municipality until such time as the Municipality shall furnish such additional security covering such claims in form satisfactory to the Director. In the event of any loss, if the Municipality maintains broader coverage and/or higher limits than the minimums identified herein, the County shall be entitled to the broader coverage and/or higher limits maintained by the Municipality. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County. Page 26 of 145 2 The Municipality shall provide proof of the following coverage (if additional coverage is required for a specific agreement, those requirements will be described in the Agreement): a) Workers' Compensation and Employer's Liability. Certificate form C-105.2 or State Fund Insurance Company form U-26.3 is required for proof of compliance with the New York State Workers' Compensation Law. State Workers' Compensation Board form DB -120.1 is required for proof of compliance with the New York State Disability Benefits Law. Location of operation shall be "All locations in Westchester County, New York." Where an applicant claims to not be required to carry either a Workers' Compensation Policy or Disability Benefits Policy, or both, the employer must complete NYS form CE - 200, available to download at: http://www.wcb.ny_gov. If the employer is self-insured for Workers' Compensation, he/she should present a certificate from the New York State Worker's Compensation Board evidencing that fact (Either SI -12, Certificate of Workers' Compensation Self -Insurance, or GSI -105.2, Certificate of Participation in Workers' Compensation Group Self -Insurance). b) Commercial General Liability Insurance with a combined single limit of $1,000,000 (c.s.1) per occurrence and a $2,000,000 aggregate limit naming the "County of Westchester" as an additional insured on a primary and non-contributory basis. This insurance shall include the following coverages: i.Premises - Operations. ii.Broad Form Contractual. iii.Independent Contractor and Sub -Contractor. iv.Products and Completed Operations. c) Commercial Umbrella/Excess Insurance: $2,000,000 each Occurrence and Aggregate naming the "County of Westchester" as additional insured, written on a "follow the form" basis. NOTE: Additional insured status shall be provided by standard or other endorsement that extends coverage to the County of Westchester for both on-going and completed operations. d) Automobile Liability Insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and a minimum limit of $100,000 per occurrence for property damage or a combined single limit of $1,000,000 unless otherwise indicated in the contract specifications. This insurance shall include for bodily injury and property damage the following coverages and name the "County of Westchester" as additional insured: (i) Owned automobiles. (ii) Hired automobiles. (iii) Non -owned automobiles. Page 27 of 145 3. All policies of the Municipality shall be endorsed to contain the following clauses: (a) Insurers shall have no right to recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the above-described insurance. (b) The clause "other insurance provisions" in a policy in which the County is named as an insured, shall not apply to the County. (c) The insurance companies issuing the policy or policies shall have no recourse against the County (including its agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy. (d) Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of, and at the sole risk of, the Municipality. Page 28 of 145 SCHEDULE "C" Westchester County Vendor Direct Program Frequently Asked Questions 1. WHAT ARE THE BENEFITS OF THE ELECTRONIC FUNDS TRANSFER (EFT) ASSOCIATED WITH THE VENDOR DIRECT PROGRAM? There are several advantages to having your payments automatically deposited into your designated bank account via EFT: Payments are secure — Paper checks can be lost in the mail or stolen, but money deposited directly into your bank account is more secure. You save time — Money deposited into your bank account is automatic. You save the time of preparing and delivering the deposit to the bank. Additionally, the funds are immediately available to you. 2. ARE MY PAYMENTS GOING TO BE PROCESSED ON THE SAME SCHEDULE AS THEY WERE BEFORE VENDOR DIRECT? Yes. 3. HOW QUICKLY WILL A PAYMENT BE DEPOSITED INTO MY ACCOUNT? Payments are deposited two business days after the voucher/invoice is processed. Saturdays, Sundays, and legal holidays are not considered business days. 4. HOW WILL I KNOW WHEN THE PAYMENT IS IN MY BANK ACCOUNT AND WHAT IT IS FOR? 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 your check stub, and will contain the date that the funds will be credited to your account. 5. WHAT IF THERE IS A DISCREPANCY IN THE AMOUNT RECEIVED? Please contact your Westchester County representative as you would have in the past if there were a discrepancy on a check received. 6. WHAT IF I DO NOT RECEIVE THE MONEY IN MY DESIGNATED BANK ACCOUNT ON THE DATE INDICATED IN THE E-MAIL? In the unlikely event that this occurs, please contact the Westchester County Accounts Payable Department at 914-995-4708. 7. WHAT MUST I DO IF I CHANGE MY BANK OR MY ACCOUNT NUMBER? Whenever you change any information or close your account a new Vendor Direct Payment Authorization Form must be submitted. Please contact the Westchester County Accounts Payable Department at 914-995-4708 and we will e-mail you a new form. 8. WHEN COMPLETING THE PAYMENT AUTHORIZATION FORM, WHY MUST I HAVE IT SIGNED BY A BANK OFFICIAL IF I DON'T INCLUDE A VOIDED CHECK? This is to ensure the authenticity of the account being set up to receive your payments. Page 29 of 145 Westchester govcom Westchester County - Department .f Finance - Treasury Division Authorization is: (check one) ❑ New ❑ Change Electronic Funds Transfer (EFT) Vendor Direct Payment Authorization Form INSTRUCTIONS: Please complete both sections of this Authorization Form and attach a voided check. See the reverse side for more information and instructions. Mail to: Westchester County, Department of Finance, Treasury Division, 148 Martine Avenue, White Plains, NY 10601 Attention: Vendor Direct Section.• • • 1. Vendor Name: 2.Taxpayer ID Number or Social Security Number: 3. Vendor Primary Address 4.Contact Person Name: Contact Person Telephone Number: 5. Vendor E -Mail Addresses for Remittance Notification: 6. Vendor Certification: 1 have read and understand the Vendor Direct Payment Program and hereby authorize payments to be received by electronic funds transfer into the bank that I designate in Section 11. 1 further understand that in the event that an erroneous electronic payment is sent, Westchester County reserves the right to reverse the electronic payment. In the event that a reversal cannot be implemented, Westchester County will utilize any other lawful means to retrieve payments to which the payee was not entitled. Authorized Signature Print Name/Title Date Section• • • 7. Bank Name: 8. Bank Address: 9. Routing Transit Number: 10.Account Type: (check one ❑ Checking ❑Savings 11. Bank Account Number: 12. Bank Account Title: 13. Bank Contact Person Name: Telephone Number: 14. FINANCIAL INSTITUTION CERTIFICATION (required ONLY if directing funds into a Savings Account OR if a voided check is not attached to this form): I certify that the account number and type of account is maintained in the name of the vendor named above. As a representative of the named financial Institution, I certify that this financial Institution is ACH capable and agrees to receive and deposit payments to the account shown. Authorized Signature Print Name / Title Date Page 30 of 145 Schedule "D" Other Federal Requirements 1. (i) Compliance with Title 1 of the Housing and Community Development Act of 1974, as amended 42 USC � 5301 et seq. The County has applied for and has been awarded a grant from the United States Department of Housing and Urban Development ("HUD") under Title 1 of the Housing and Community Development Act of 1974, as amended 42 USC § 5301 et seq. (the "Act"). The Municipality acknowledges that the County's receipt of the aforementioned grant funding, including the CDBG Funds, is conditioned, inter alia, on compliance with the provisions of the Act, including the requirement that it affirmatively further fair housing ("AFFH") as set forth in 42 U.S.C. §5304(b)(2) and its implementing regulations, 24 CFR Part 570 and any applicable rules issued thereunder (the collectively the "CDBG Regulations"), including without limitation those set forth in 24 CFR 135 (the "Part 135 Regulations"), the procurement standards set forth in 24 CFR 85 ("Part 85") and such guidance as may be issued by HUD from time to time. The Municipality, as sub -recipient of the CDBG Funds, represents that the improvements are eligible improvements under the Act and CDBG Regulations. The Municipality expressly agrees, and will cause any contractors or subcontractors, to agree, to comply with 24 CFR Part 85. The Municipality will cause procurement of the work to be carried out in accordance with 24 CFR 85.36. Pursuant to 24 CFR Part 85.35, the Municipality shall not contract with, or permit any subcontract to be made, with a debarred party. The below items are included in accordance with Section 24 CFR 570.503. The Municipality must comply with all applicable requirements of 24 CFR Part 85.40, 85.41 and 85.42, with respect to reports, records, and retention, and will furnish, such reports as deemed necessary by the Commissioner and as required by HUD. The Municipality and the Developer will prepare, or will cause to be prepared, a final report describing the work performed, together with such supporting information and documentation in such form and at such times as the County may reasonably require. The Municipality must comply with applicable uniform administrative requirements, as described in 24 CFR 570.502. The provisions of this Schedule "D" shall, in accordance with 24 CFR 570.503(a), survive Closing and shall remain in effect until the later of termination of the agreement or such some as the Municipality no long has control over the CDBG funds, including without limitation program income, if applicable. Page 31 of 145 To the extent any specific requirement of the CDBG Regulations is not set forth herein it is deemed incorporated herein by reference. 1 (ii). "Section 3" Compliance in the Provision of Training, Employment and Business Opportunities: The work to be performed hereunder is on a project assisted under a program providing direct Federal financial assistance from the HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (Section 3). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part, by persons residing in the area of the project. All parties hereto will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. All parties hereto certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. The requirements of Section 3 apply to recipients of Housing and Community Development Assistance that invest in $200,000 or more into projects/programs; involving housing construction, rehabilitation or other public construction. All contractors ( subcontractors) receiving covered funds in excess of $100,000 to complete projects involving housing construction, rehabilitation, or other public construction are required to comply with all requirements of set forth in Section 3 The Municipality acknowledges that it is their sole responsibility to determine whether it or its sub -contractors are in compliance with all terms and conditions of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (Section 3). The recipients of these funds shall adhere to the following, and, pursuant to § 135.38, all section 3 covered contracts and subcontracts shall include the following clause (referred to as the "Section 3 Clause"): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties Page 32 of 145 to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). The recipient shall provide such copies of 24 CFR Part 135 as may be necessary for the information of parties to contracts required to contain the Section 3 clause. 2. Flood Disaster Protection: Page 33 of 145 This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (P.L. 93-234). No portion of the assistance provided under this Agreement is approved for acquisition or construction purposes as defined under Section 3(a) of said Act, for use in an area identified by the Secretary as having special flood hazards which is located in a community not then in compliance with the requirements for participation in the national flood insurance program pursuant to Section 201(d) of said Act; and the use of any assistance provided under this Agreement for such acquisition or construction in such identified areas in communities then participating in the national flood insurance program shall be subject to the mandatory purchase of flood insurance requirements of Section 102(a) of said Act. Any contract or agreement for the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement shall contain, if such land is located in an area identified by the Secretary of HUD as having special flood hazards and in which three sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended, 24 U.S.C. 4001 et seq., provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be required notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Agreement. 3. Equal Employment Opportunity: (a) Minority and Woman Business Outreach Programs: The Municipality agrees to be bound by and comply with any policies and procedures established by any controlling jurisdiction, including but not limited to the State of New York or the County, regarding any outreach programs for woman and minority owned business required by Section 281 of the National Affordable Housing Act, as amended. (b) Activities and contracts not subject to Executive Order 11246, as amended. In carrying out the program, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment; without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the County setting forth the provisions of this nondiscrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The Contractor shall incorporate the foregoing requirements of this paragraph (a) in all of its contracts for program work, except contracts governed by paragraph (b) of this section, and will require all of its contractors for such work to incorporate such requirements in all subcontracts for program work. Page 34 of 145 (c) Contracts subject to Executive Order 11246 as amended. Such contracts shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130, applicable to HUD assisted construction contracts. The Contractor shall cause or require to be inserted in full in any nonexempt contract and subcontract for construction work, for modification thereof, as defined in said regulations, which is paid for in whole or in part with the assistance provided under this Agreement, the following equal opportunity clause: During the performance of this contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the County setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract of understanding, a notice to be provided by the County advising the said labor union or workers' representatives of the contractor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Executive Order 11246 of February 24, 1963, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order 11246 of February 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by HUD and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared Page 35 of 145 ineligible for further Government contracts or federally assisted construction contract procedures authorized in Executive Order 11246 of February 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of February 25, 1965, so that such provisions will be binding upon each sub -contractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as HUD or the County may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontract or vendor as a result of such direction by HUD or the County, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. The Contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the Contractor so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Contractor agrees that it will assist and cooperate actively with HUD and the Secretary of Labor in obtaining the compliance of contractors and sub -contractors with the equal opportunity clause and the rules, regulations, and relevant order of the Secretary of Labor; that it will furnish HUD and the Secretary of Labor such information as they might require for the supervision of such compliance; and that it will otherwise assist HUD in the discharge of its primary responsibility for securing compliance. The Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of February 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and sub -contractors by HUD or the Secretary of Labor pursuant to Part 11, Subpart D of the executive order. In addition, the Contractor agrees that if it fails or refuses to comply with these undertakings, HUD or the County may take any or all of the following actions: Cancel, terminate or suspend in whole or in part the grant or loan guarantee or this contract; refrain from extending any further assistance to the Contractor under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Contractor; and refer the case to the Department of Justice for appropriate legal proceedings. 4. Lead -Based Paint Hazards Page 36 of 145 The construction or rehabilitation of residential structures with assistance provided under this Agreement is subject to the HUD Lead -Based Paint Regulations, 24 CFR Part 35, as modified by Section 570.608 of Subpart K. Any grants or loans made by the Contractor for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of lead-based paint hazards under Sub -Part B of said regulations, and the Contractor shall be responsible for the inspections and certifications required under Section 35.14(f) thereof. 5. Compliance with Air and Water Acts: This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et. seq. and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. In compliance with said regulations, the Contractor shall cause or require to be inserted in full in all contracts and subcontracts with respect to any nonexempt transaction thereunder funded with assistance provided under this Agreement, the following requirements: (1) A stipulation by the Contractor or Sub -contractor that any facility to be utilized in the performance of any nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. (2) Agreement by the contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857-c-8) and Section 308 of the Federal Water Pollution Control Act, as amended (33 USC 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. (3) A stipulation that as a condition for the award of the contract prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. (4) Agreement by the contractor that he will include or cause to be included the criteria and requirements in Paragraph (1) through (4) of this section in every nonexempt subcontract and requiring that the contractor will take such action as HUD and/or the County may direct as a means of enforcing such provisions. In no event shall any amount of the assistance provided under this Agreement be utilized with respect to a facility which has given rise to a conviction under Section 113(c)(1) of the Clean Air Act or Section 309 (c) of the Federal Water Pollution Control Act. Page 37 of 145 6. Federal Labor Standards Provisions: Except with respect to the rehabilitation of residential property designed for residential use for less than eight families, the Contractor and all Contractors engaged under contracts in excess of $2,000.00 for the construction prosecution, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement, shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3, 5 and 5a, governing the payment of wages and the ratio of apprentices and trainees to journeymen: Provided, that if wage rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve the Contractor of its obligation, if any, to require payment of the higher rates. The Contractor shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5 and, for such contracts in excess of $10,000, 29 CFR 5a.3. No award of the contracts covered under this section of the Agreement shall be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract. 7. Nondiscrimination Under Title VI of the Civil Rights Act of 1964 This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto, including the regulations under 24 CFR Part I. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Contractor shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex, or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the Contractor, the United States, and the County are beneficiaries of and entitled to enforce such covenant. The Contractor in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 8. Obligations of Contractor with respect to Certain Third Party Relationships: The Contractor shall remain fully obligated under the provisions of the Agreement notwithstanding its designation of a third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement to the Municipality. The Contractor shall comply with all lawful requirements of the County necessary to insure that the program with respect to which assistance is being provided under this Agreement to the Contractor is carried out in accordance with the County's Assurances and Certifications to HUD, including those with respect to the assumption of environmental responsibilities of the Applicant under Section 104(h) of the Housing and Community Development Act of 1974. Page 38 of 145 9. Interest of Certain Federal Officials: No member of or Delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. 10. Interest of Members, Officers, or Employees of Contractor, Members, of Local Governing Board, or Other Public Officials: No Member, officer, or employee of the Contractor, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. The Contractor shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section. 11. Prohibition Against Payments of Bonus or Commission: The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval of applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974, or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical Contractor, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as a program cost. 12. Debarment: The Municipality further agrees to comply with the requirements set forth in 24 CFR part 85 that assistance under this part shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the services of, or fund any contractor or sub recipient during any period of debarment, suspension, or placement in ineligibility status under the provisions of 24 CFR part 24. 13. Conflicts of Interest: The Municipality further agrees with the conflict of interest provisions in 24 CFR 85.36 and 84.42, respectively, shall apply and that the Municipality shall fully comply with same. In all cases not governed by 24 CFR 85.36 and 84.42, the provisions of this section, Part 570.611 (a)(2) shall apply. Such cases include the acquisition and disposition of real property and the provision of assistance by the recipient or by its sub recipients to individuals, businesses or other private entities under eligible CDBG activities that authorize such assistance (e.g. rehabilitation, preservation, and other improvements of private properties or facilities pursuant to §570.202; or grants, loans, and other assistance to businesses, individuals, and other private entities pursuant to §§570.203, 570.204, 570.455, or 570.703(i) shall apply. Page 39 of 145 14. Miscellaneous: The parties represent that none of them has, nor will have any understanding, oral or written, with any other person or party relating to the misuse, misappropriation, or "kickback" of any of three federal monies paid or to be paid hereunder. The parties agree to comply with all applicable federal, state and local laws, codes, ordinances, rules, and regulations including, but not limited to, the Housing and Community Development Act of 1974 and the rules and regulations thereunder, as the same may be amended. Without limiting the generality of the foregoing, the parties will comply with 24 CFR Part 35 regarding elimination of lead based paint hazards, with 24 CFR Part 15 regarding the requirements of the Clean Air Act and Federal Water Pollution Act, and with Title VI of the Civil Rights Act of 1964 together with 24 CFR Part 570.601, 24 CFR Part 1 and Executive Order 11246, to the effect that no person in the United States shall, on the ground of race, color, national origin or sex, be excluded for participation in, denied the benefits of, or be otherwise subjected to, discrimination under any activity involving federal assistance. The Owner (but not any of the Contractors) agrees to cause to be included in any instrument of sale, lease, or conveyance of the property improved with federal assistance hereunder, a clause obligating the transferee and successors to observe the requirements of Title VI of the Civil Rights Act of 1964. Where applicable, the Municipality shall comply with the conditions prescribed by HUD for the use of CDBG funds by religious organizations 15. Exhibit 1 Where applicable, attached hereto and made a part hereof is Exhibit 1, which exhibit contains certain of the regulations referred to in this agreement. 16. Subpart K— Other Program Requirements: The recipient agrees to comply in all respects with the program requirements set forth in Subpart K of Part 570 of the Federal Regulation (24 CFR 570.600 et seq.), including without limitation, 570.610 Uniform administrative requirements and cost principles. Additional guidance on this subject can be found in OMB circular No. A-87 "Cost Principles for State, Local and Indian Tribal Governments"; OMB Circular A-128 "Audits for State, Local and Tribal Governments" and 24 CFR Part 85 "Uniform Administrative Requirements". Further, the recipient will comply with 570.613 Eligibility restrictions for certain resident aliens as described in 24 CFR Part 49, as well as the Architectural Barriers Act and the Americans Disabilities Act as set forth in 570.614 of the CDBG Regulations. The subrecipient must carry out construction of the Improvements in compliance with all Federal laws and regulations described in Subpart K of the regulations, except that: (i) The subrecipient does not assume the recipient's environmental responsibilities described at 24 CFR 570.604; and (ii) The subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. Page 40 of 145 17. Program Income: Prior to the disbursement of any funds pursuant to this agreement, the recipient shall execute and deliver to the county either (1) a written statement by the Public Officer of the municipality, Officer of the authorized representative of the recipient that there will be any "program income" as that term is defined pursuant to 24 CFR 530.3; or (2) a program income agreement between the County and the recipient regarding the disposition of program income prepared in the form specified pursuant to 24 CFR 504.(c). 18. Reversion of Assets: The Municipality accepts all terms and provisions of 24 CFR 85.43 ("Enforcement") if the Municipality fails to comply with any term of the award, and that the award may be terminated for convenience in accordance with 24 CFR 85.44. The recipient agrees that upon the expiration of this agreement with the County, that any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds shall be transferred to the County, for recommital to the CDBG program. The recipient further agrees that it will ensure that any real property under the recipient's control that has been acquired or improved in whole or in part by CDBG funds in excess of $25,000 is either: 1) Used to meet one of the National Objectives in s. 570.208 until five years after expiration of the agreement, or such longer period of time as determined appropriate by the County; or 2) Is disposed of in a manner which results in the County being reimbursed in the amount of the Fair Market value of the property less any portion thereof attributable to expenditures of non- CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is not required after the period of time specified in accordance with 1) above. Page 41 of 145 Schedule "E" Federal Labor Standards Provisions Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United Slates of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (1) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained In the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section I(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1 )(iv); also, regular contributions made or costs Incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rales conformed under 29 CFR 5.5(a)(1)(ii) and the Davis -Bacon poster (WH - 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: U.S. Department of Housing and Urban Development Office of Labor Relations (1) The work to be performed by the classification requested is not performed by a classification in the wage determination, and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or Its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or Its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will Issue a determination within 30 days of receipt and so advise HUD or Its designee or will notify HUD or Its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (111) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics Includes a fringe benefit which Is not expressed as an hourly rate, the contractor shalt either pay the benefit as slated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part form HUD -4010 (0612009) Previous editions are obsolete Page 1 of 5 ref. Handbook 1344.1 Page 42 of 145 of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis - Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140 ) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same pr•me contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (1) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section I(b)(2)(B) of the Davis -bacon Act) daily and communicated in writing to the laborers or mechanics affected, and records wh ch show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor or owner, as the case may be, for transmission to HUD or Its designee. The payrolls submitted shall set out accurately and completely all of the Information required to be maintained under 29 CFR 5.5(a)(3)(I) except that full social security numbers and home addresses shall not be Included on weekly transmittals. Instead the payrolls shall only need to include an individually Identifying number for each employee (e g., the last four digits of the employee's social security number). The required weekly payroll Information may be submitted in any form desired, Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at hffp 1/www dol aov/esa1whd/forms/wh347instr htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or Its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an Investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) weekly number of hours worked, deductions made and (b) Each payroll submitted shall be accompanied by a actual wages paid. Whenever the Secretary of Labor has "Statement of Compliance," signed by the contractor or found under 29 CFR 5.5 (a)(1)(iv) that the wages of any subcontractor or his or her agent who pays or supervises laborer or mechanic include the amount of any costs the payment of the persons employed under the contract reasonably anticipated in providing benefits under a plan and shall certify the following; or program described in Section I(b)(2)(B) of the Davis- (1) That the payroll for the payroll period contains the Bacon Act, the contractor shall maintain records which information required to be provided under 29 CFR 5.5 show that the commitment to provide such benefits is (a)(3)(ii), the appropriate information is being maintained enforceable, that the plan or program is financially under 29 CFR 5.5(a)(3)(i), and that such information is responsible, and that the plan or program has been correct and complete; Previous editions are obsolete form HUD -4010 (0612009) Page 2 of 5 ref. Handbook 1344.1 Page 43 of 145 (2) That each laborer or mechanic (Including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or Indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph A.3.(11)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (tit) The contractor or subcontractor shall make the records required under subparagraph A.3.(€) available for inspection, copying, or transcription by authorized representatives of HUD or Its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on aa roll at an a Prentice wa a rate who is not registered or otherwise employed as slated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rale on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed In percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification, If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (it) Trainees. Except as provided in 29 CFR 6.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant %to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rale specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination, Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not p y p g registered and participating In a training plan approved by Previous editions are obsolete form HUD -4010 (0612009) Page 3 of 5 ref. Handbook 1344.1 Page 44 of 145 the Employment and Training Administration shall be pard not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (Iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will Insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate Instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (t) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24 (II) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (III) The penalty for making false statements is prescribed in the U S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title i6, U.S.C., "Federal Hous,ng Administration transactions", provides in part. "Whoever, for the purpose of . .. influencing in any way the action of such Administration .... makes, utters or publishes any statement knowing the same to be false.... shall be fined not more than $5,000 or Imprisoned not more than two years, or both " 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or Instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics"include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, In the sum of $10 foreach calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. Previous editions are obsolete form HUD -4010 (0612009) Page 4 of 5 ref. Handbook 1344.1 Page 45 of 145 (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph, (4) Subcontracts. The contractor or subcontractor shall Insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses In any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work In surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 at sea. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete form HUD -4010 (0612009) Page 5 of 5 ret. Handbook 1344.1 Page 46 of 145 Schedule "F" Certification Regarding Lobbying Certification for Contracts, Grants, Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. 2) If any funds other than the Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (Name of Organization) (Signature of Responsible Official) (Grant Number) (Date) Page 47 of 145 Schedule "G" Certification Regarding Drug Free Workplace Requirements GRANTEES OTHER THAN INDIVIDUALS This certification is required by regulations implementing Sections 5151-5160 of the Drug -Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701 et seq.), 7 CFR Part 3017, Subpart F, Section 3017.699 and 45 CFR Part 76, Subpart F. The January 31, 1989 regulations were amended an published as Part II of the May 25, 1990 Federal Register (Pages 21681-21691). The grantee certifies that it will provide a drug-free workplace by: a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition: b) Establishing a drug-free awareness program to inform employees about: 1) The dangers of drug abuse in the workplace; 2) The grantee's policy of maintaining a drug-free workplace; 3) Any available drug counseling, rehabilitation, and employee assistance programs; and 4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: 1) Abide by the terms of the statement; and 2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; e) Notifying the agency within ten days of receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2) with respect to any employee who is so convicted: 1) Taking appropriate personnel action against such an employee, up to and including termination; or 2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement or other appropriate agency; g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). (Organization) (Authorized Signature) Page 48 of 145 Schedule "H" Certification Regarding Debarment and Suspension 1) As required by Federal Executive Order 12549, and prescribed by federal regulations, including 40 CRF Part 32, the contractor certifies that it, and its principals: (a) Are not presently disbarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any Federal department or agency; (b) Have not within a 3 -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction, including any violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a Government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (b) above; and (d) Have not within a 3 -year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2) Where the Contractor is unable to certify to any of the statements in this paragraph, the Contractor shall attach an explanation to this certification. Date: Authorized Signature Title Organization Page 49 of 145 • Town of Mamaroneck ` Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 MRobson@TownofMamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Senior Center Parking Lot Improvements Date: April 28, 2022 Action requested: Attached please find a memo from Robert Wasp regarding the Community Block Development Grant ("CBDG") for the Senior Center Parking Lot Improvements. We are respectfully requesting the following action by the Board: Resolved that the Town Board hereby approves the agreement with Westchester County for the Community Block Development Grant and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 50 of 145 Town of Mamaroneck TEL: 914/381-7835 Engineering Department, Town Center FAX: 914/381-8473 740 West Boston Post Road, Mamaroneck, NY 10543-3353 Robert P. Wasp, P. E., C.D.T. rwasp@townofmamaroneckNY.org Town Engineer INTERDEPARTMENT MEMORANDUM DATE: April 29, 2022 TO: Meredith Robson, Town Administrator CC: Tracy Yogman, Town Comptroller FROM: Robert Wasp, P.E., Town Engineer SUBJECT: Recommendation of Contract Authorization TA -22-05 — Town Senior Center Parking Lot Improvements GENERAL: Bid procurement was recently completed for the Senior Center Parking Lot Improvements. On March 25th, 2022, six (6) bid proposals were received as summarized on the attached bid tabulation table. Bid proposals were reviewed for completeness and contractor's project qualifications by Town staff with support from the Westchester County Department of Planning. As outlined in the enclosed memorandum prepared by Suzette Lopane, RLA, the proposal received from "Peter J. Landi, Inc" is recommended as the lowest responsive bidder for Town Board consideration of award. Bid proposals were structured with "add -alternates" to coincide with specific components of the project that are beyond the base bid scope of work. These alternates include construction of a new ADA compliant ramp, new timber guide rail, site landscaping and pathway to the bocce court on the property. Peter J. Landi's base bid amount of $500,212.00 increases to $612,107.00 if all four add -alternates are included in the project award. The project was originally awarded $100,000 in CDBG funding allocated through the 2021 FY program. Reallocation of an additional $125,000 in CDBG funding originally intended for the 2023 FY interior renovation of the Senior Center Activity Room, Foyer and Front Porch has been requested from Westchester County. The request would increase the CDBG fund contribution to the parking lot project to $225,000.00. The Town's original budget contribution of $162,000.00 was planned through capital project CP - 2021 -48. Contributions from the CDBG program and Larchmont Garden Club offer additional funding in the amounts of $225,000.00 and $12,000, respectively. Contingency budget in the amount of $61,000 for potential unforeseen additional work is recommended for inclusion. Overall costs of $673,107.00 create a budget shortfall balance of $274,107.00 as necessary to fully fund the project. Please feel free to contact me with any questions Page 51 of 145 Westchester go v. coo George Latimer County Executive Department of Planning Norma V. Drummond Commissioner March 28, 2022 Robert P. Wasp, P.E., C.D.T. Town Engineer Town of Mamaroneck 740 West Boston Post Road Mamaroneck, New York 10543 Re: Town Senior Center Parking Lot TA -22-05 Dear Mr. Wasp; Enclosed for your review is an analysis of the bids submitted on Friday, March 25, 2022, for the Town Senior Center Parking Lot. All of the bid proposals received have been checked for mathematical accuracy and the totals shown on the spreadsheet represent correct amounts. In addition, as per the latest `NYSDOL List of Employers Ineligible to Bid on or be Awarded any Public Work Contract', this Contractor is eligible for award. The low responsible bidder is Peter J. Landi, Inc. This contractor has worked on various other projects of similar scope, including Ridge Road Park in the Town of Greenburgh where they rehabilitated an existing parking lot. We recommend the Town award the bid to Peter J. Landi, Inc. at the next Town Board meeting. Please notify us once the bid has been awarded so that we can schedule a pre -construction conference. I look forward to working with you in completing this project. Sincerely, �� -Lp? �qm' �-. t. A , Suzette Lopane, R.L.A. Principal Planner (Urban Design) Cc: Blanca Lopez, Commissioner Michaelian Office Building 148 Martine Avenue, Room 432 White Plains, New York 10601 Telephone: (914) 995-4400 Fax: (914) 995-9093 Website: westchestergov.com Page 52 of 145 c0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O W 0 0 0 0 0 0 0 d) o o o o o o 0 0 o 0 0 0 0 0 o o o 0 o o o o o o 0 0 0 o o o o o o o 0 o o o o o 0 0 0 0 0 0 0 D mOOOOOOOOoOOOOOoOOOOOOONOOOOOOOOOOOOOOOOO OoOOO O O m I— O O V m O F I� 0 CO M 0 0 O d) O O V O O O (O M O N N, 0 W LO LO O O CO LO O r (O W O , 0 O Ln 0 , V N N V O W M Ln W COM O M M (O V M O, Cl)M N (O O LO LO (O I— V N N c0 Cl)M —7 O N N c� N_ N LO N c0 I1- O W M O ZO N N N I— Cl) (O M M N M LO i O 7 O G g g Q C o O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O o o o o o o a o O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O o o o o o o O WLriocovo c0000000vvoo o O O m m O O Ln 0000000000000c000i O m o coW o r O O O O o N O V c0 iooc0000couio000m c0 o o c0 M O O V O O M co O M O) O U N Ln N O N N co N LO O co M N N W W O N_ N co LO K- co co (O LO co CL N F Z 7 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o 6 o o o o o o m o o o o o o o o o o o o o o o o co o o o o o o o o o o o 0 0 0 0 o 6 6666666, m o o O) N O O o O o O N O O o V o O O O O O I -- o c0 O O M O O O O c0 r O c0 O O o O O O O (O O o O N o) o N co o O V O O m N I� o r co co O O O Ln O o O V V LO LO M O c0 c0 m O N W O M o O O c0 o W O M N N O FI I O o N LO N N V I c0 V o o o c0 o— N o m O o I— N o m N N V— N O N d) M c0 o Z 7 O N N co co co M co c0 V Ln N LO O Q (� 69 Efl Efl Efl Efl Efl Efl 69 69169169169 69169169 Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl ea I ea 1 69169169169169 69169169 69 69 69 69 69 69 69 69 1-1-1- Efl 69 Wo o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o W o o o o o o o m co o o o o o o o o o o 0 o o o o m o o o o Lr co o o o co m o o o o m o � o V co o U _ M o (O N_ O o o LO O N_ O N O O LO N c0 O (O Il - O O O O N r O O_ N N N M c0 m O (O N N d) N O O o r co N V M O (O c0 r_ O c0 I- O V N K V LO co N a o z ea ea I ea 1 69169 69169169 Efl Efl Efl Efl Efl Efl Efl 69 691691 ea I ea 1 69169 Efl Efl Efl Efl Efl Efl Efl 69 691691691691 9696969 69 ea ea 69 69 69 69 Efl Efl Efl Efl Efl Efl o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o Q o o o o o o o D 0 o o o o o o o o o o o o o o o o o o o o o o I -- o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o 0 0 o o 0 0 o Ln o No o o o o o o o o o o o o o m o O N O o O O O o O N M N O O I -- O O o N O o O V d) O O O O O r V O o o o o o O o- N r O O O O m F V o N V o o t O O V O V c0 M N O V— c0 M M o I— o m r O Ln o co O t V O T o Ln O o M N(O V— c0 O o o O (O M N I— N N O O o (D o) (O co I— Ln M N co O �_ N o O I� o) c0 o) I— c0 V Z 7 c0 r LO M LO N M to N Ln 2 a' Q Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl M Efl 69 69 Efl Efl Efl Efl Efl Efl 69 J o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o oo o o o o o o o o o o o o i W O O Ln O LO LO c0 V O O m O O LO O c0 O O LO (O V LO LO r r LO O r r LO O r O O O O o O O V O LO O I: O LO LO M c0 O (O O O O o o N O m O O m O (o (o O O O O O O Ln O o 00 c0 c0 O O O 00 M O O WU _ LO N N N LO O M O M LO N O M N o LO M N KN M LO I� N N a a m z 69 69 69 69 69 69 69 69 69 69 69 69 ea ea ea ea ea ea 69 69 69 69 69 69 69 69 69 69 69 ea ea ea ea ea ea ea ea ea ffl ffl ffl 69 69 69 69 69 69 N O F N N F Z M O O O O LO O O N (O O O LO LO LO co I� M O O O O O M LO V N LO c0 (O co co V V V V O O O O O N M LO N M (o M O O O LO N LO I� O r V LO O O O— O r Ln M N N M c0 N M (O M F F Z Q Q Q W Q Z Z WQ Q Q W p W Q Q W (n W W Q W Q (n W 07 W W W () () () () W Cl) J W Cl) Cl) () I--() J W W W J () � (n J b b w W W J O O J J J W w W J J () () () J J () R R Y O O m 7 7 o N N o m M W N 0 E 0 L ~ O W 5 p _6 U �_ E E _O C (6 O E p N m O a) (6 O W O N O N t/1 m C m L C N N O _ L O Q co F W .L-. 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O K � 0] QQQ C a a + + + -o-o z m mmm fA fA fA fA 69 69 69 69 69 69 69 6969 69mmmm m m m o N F o NZ O M CSO M V o m r r V O O F ' ~>- LL >- Q Q Q Q Q Q Q C %o J %o J j b b J b W W W W W W W bbl-- LL LL R R R V O O O m m co co N m m 06 U 0 L L m V m a a N L L L w m o o w p OL1 L1 N O O O L1 .per- Q N L N- N M Q Y m D F F L1 L1 2 'O 3 O J cL'o w w wQQ N F C � > > m U N 0 0 Q m _ w .O N m _6 _6 F (n (n F o O Q O D m d J Q m F O m = .m O v).o�eooam -o -o m a" w •. < Q m 0awn�� W -6 CO Q Lu _6 o a) N N o am 0 -0 0 DU) Z U p p L1 m O UL Q N _ :� (D Q om O Q o F -2 N J d N Z N f/1 L L C C C C C o .0 m tox o -Q N. M co w m U C E 2 C U m C C m m C C m m L 0 D a 0 w C 0 DSvF-v w as a s a=) te w Din= gy R (0 D a a a 07 w L!7 O o N N o O O C C N O w W V L!7 N O Z W O O) W N m V V I� r w 0 0 O L!7 2 J O rj J O O p 0 0 0 J N 0 co co F Q O L!7 N O N LJ CO Q CO Q O 0 N m 0 O o 0 LJ LJ Cp CO CO CO O o L o m m Q Q Q v V m a and Contract Number: C -67-21-U22 THIS INTERMUNICIPAL AGREEMENT made this day of 2020, by and between: THE COUNTY OF WESTCHESTER, a municipal corporation organized and existing under the laws of the State of New York, having its offices in the Michaelian Office Building, 148 Martine Avenue, White Plains, New York, 10601 (the "County") THE TOWN OF MAMARONECE, a municipal corporation organized and existing under the laws of the State of New York, having its offices at 740 West Boston Post Road, Mamaroneck, New York 10543 (the "Municipality"). WITNESSETH: WHEREAS, the County, in cooperation and agreement with the Municipality, has applied for and has been awarded a grant from the United States Department of Housing and Urban Development ("HUD") under Title 1 of the Housing and Community Development Act of 1974, as amended 42 USC § 5301 et seq. (the "Act"), with the eligibility of the County for such grant based, in part, on its status as an "Urban County" as defined under 24 CFR Part 570.307 of the Community Development Block Grant ("CDBG") Regulations as may be amended from time to time. WHEREAS, the County achieved its "Urban County" status as a result of entering into cooperation agreements (the "Urban County Cooperation Agreement(s)") with that number of other municipalities in Westchester County whose combined population exceeds 200,000 in number; and WHEREAS, said Urban County Cooperation Agreement(s) are required because the County, under applicable law, is not authorized to exercise the full complement of powers necessary or appropriate to carry out all the requirements or achieve all the goals of the Act and CDBG Regulations. Page 57 of 145 WHEREAS, pursuant to the Urban County Cooperation Agreement(s) each municipality has agreed, among other things, to exercise its powers to carry out projects/programs under the Act and CDBG Regulations (24 CFR Part 570); and WHEREAS, the Municipality is one of such cooperating municipalities, and as such has executed an Urban County Cooperation Agreement with the County under the Act and CDBG Regulations and a copy of such agreement is on file with the County; and WHEREAS, it is acknowledged and agreed that the municipality is obligated pursuant to the Urban County Cooperation Agreement to comply with the provisions of Title VI of the Civil Rights Act of 1964, the Fair Housing Act of 1968 and the Americans with Disabilities Act of 1990 and to do what is necessary, as determined by the County, to comply with each of the above referenced Acts, the rules and regulations thereunder, and the undertakings and assurances in the application form insofar as they relate to the activities and programs conducted by the municipality pursuant to this grant, including to affirmatively further fair housing within its own jurisdiction and not impede the County's action to comply with its fair housing certifications; and WHEREAS, the Municipality has submitted a grant application to the County for performing a project or conducting a program, using CDBG funds and the County has concurred with the validity of the project or program through a grant application process; and WHEREAS, in connection with the aforementioned grant, the County has received and/or will receive grant funds and desires to provide such funds to the Municipality to provide the project or program as more fully set forth in Schedule "A"; and WHEREAS, the Municipality acknowledges that the County's receipt of the aforementioned grant funding is conditioned, inter alia, on compliance with the provisions of the Act, including the requirement that it affirmatively further fair housing ("AFFH") as set forth in 42 U.S.C. §5304(b)(2); and Page 58 of 145 WHEREAS, the Municipality acknowledges that the County signed a stipulation and order of settlement and dismissal in connection with United States of America ex rel. Anti -Discrimination Center of Metro New York, Inc., v. Westchester County, New York, No. 06 Civ. 2860 (DLC) (the "Settlement Agreement") and that paragraph 25(d) thereof requires that agreements for the use of public funds and resources, including but not limited to, agreements for Community Development Block Grant ("CDBG") funds contain certain minimum commitments by eligible municipalities; and WHEREAS, the County has submitted a plan entitled the "Westchester County Fair and Affordable Housing Implementation Plan," dated August 9, 2010 (the "IP"), outlining the County's proposed plan to develop fair and affordable housing as required by the Settlement Agreement, which Plan may be amended from time to time; WHEREAS, the Municipality desires to receive such grant funds and to provide such projects and programs upon the terms and conditions contained herein; and NOW, THEREFORE, in consideration of the terms and conditions herein contained, the County and the Municipality agree as follows: FIRST: (a) The Municipality shall perform a project or conduct a program, as follows; for a Senior Center Parking Lot Renovations Project on Boston Post Road in the Town of Mamaroneck in accordance with the terms as contained in and as more particularly described in the Scope of Services, which is attached hereto and made a part hereof as Schedule "A" (hereinafter referred to as the "Work"). The Work includes, without limitation, services provided directly by the Municipality and by any approved contractor, subcontractor or consultant (together the "Contractor(s)"). The Municipality agrees, and shall cause any Contractor(s) to agree, that the Work shall be carried out in accordance with all Federal, State, and local laws, including, but not limited to, the Act and its implementing regulations, (24 CFR 570) and any applicable rules issued thereunder and agrees to comply with all applicable CDBG Regulations set forth in 24 CFR Part 570, including without limitation those set forth in 24 CFR 135 (the "Part 135 Regulations"). Page 59 of 145 (b) Pursuant to the Part 135 Regulations, where applicable the Municipality agrees, and shall cause all Contractor(s) to agree, to comply with the "Section 3 Clause," as maybe amended from time to time, and as set forth in Section 1 of Schedule "D," which is attached hereto and forms a part hereof. The Municipality further agrees to include said Section 3 Clause in any section 3 covered subcontract. SECOND: The term of this Agreement shall commence on October 15, 2021, and shall terminate on October 14, 2022, unless terminated sooner in accordance with the terms herein. Any extension of the term must be requested by the Municipality in writing and signed off and approved by the County Commissioner of Planning or her duly authorized designee (the "Commissioner"), subject to the receipt of all applicable approvals, including without limitation, the County Board of Acquisition and Contract. The Municipality shall report to the Commissioner on its progress at least once a month, or more frequently 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. The Municipality shall be responsible for submitting certain forms and reports as required by the Act and the County. For all projects and programs, a County payment voucher and invoice detailing the work completed shall be submitted, as directed herein, on an agreed upon incremental basis. Where applicable, the Municipality shall submit a sub -recipient report, in the format directed by the County. For construction projects, the Municipality shall submit monthly work progress reports including: 1. Certified Invoice — AIA G702 Form. 2. Progress Schedule as agreed upon by the Municipality and the Contractor(s). 3. Section 3 and Davis Bacon compliance certification forms as described in Section D. 4. Weekly interview reports and payroll records, as described in Schedule E. The Municipality shall complete those specific Work items identified in Schedule "A" by the interim deadlines set forth therein, if any, unless an interim deadline is extended by the Commissioner in writing. Page 60 of 145 THIRD: For the services provided by the Municipality pursuant to Paragraph "FIRST' hereof, the Municipality shall be paid in an amount not to exceed ONE HUNDRED THOUSAND DOLLARS ($100,000), pursuant to the approved budget set forth in Schedule "A". Except as otherwise expressly stated in this Agreement, no payment shall be made by the County to the Municipality for out-of-pocket expenses or disbursements made in connection with the services rendered or the work to be performed hereunder. Any and all requests for payment to be made, including any request for partial payment, shall be submitted by the Municipality 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 must contain the dates that the invoiced work commenced and terminated. 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 Municipality prior to completion of all Work and the approval of same by the Commissioner. The Municipality shall, at no additional charge, furnish all labor, services, materials, tools, equipment and other appliances 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 Municipality exceed the not -to -exceed amount set forth above. FOURTH: Prior to the making of any payments hereunder, the County or HUD may audit such books and records of the Municipality as are reasonably pertinent to this Agreement to substantiate the basis for payment. The Municipality will, and will require any approved Contractor(s) to make their books and records available to the County or HUD for audit and inspection. 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 or HUD shall find cause to withhold payment in the course of such review or the Municipality and/or any approved Contractor(s) fails to cooperate with such audit. Page 61 of 145 It is recognized and understood by the Municipality that as part of the County's right to audit the Municipality and/or any approved Contractor(s) to substantiate the basis for payment, the County and/or HUD has the right to audit the performance of the terms of this Agreement by the Municipality and/or an approved Contractor(s). Towards this end, the County and/or HUD may request documentation from the Municipality and/or any approved Contractor(s) to verify performance of the terms of this Agreement, which the Municipality shall provide or cause to be provided. The County and/or HUD may also make site visits to the location(s) where the work is being performed to both review the Municipality's and/or Contractor's records and observe the performance of the Work. In addition, the County and/or HUD shall have the right to audit the books and records of the Municipality and/or any Contractor(s) in connection herewith, and the Municipality shall, and shall require its Contractor(s) to make its books and records available to the County and/or HUD for audit and inspection at any time during the one year period following termination of this Agreement. All of the provisions of this Section FOURTH will survive for a period of six (6) years following the later of termination of this Agreement or completion of the Work. FIFTH: The parties hereto acknowledge and agree that, in accordance with paragraph 25(d) of the Settlement Agreement, the grant of funds authorized hereunder is specifically conditioned upon the Municipality's commitment to affirmatively further fair housing ("AFFH") within its borders. Municipality hereby agrees, on a going forward basis, to: 1. Ban local residency requirements and preferences and other selection preferences that do not AFFH for all housing developments approved after the date of this agreement unless such requirements or preferences receive prior approval in accordance with paragraph 25(d) of the Settlement Agreement for the Section Fifth Duration (defined below); 2. Offer the County a "Right of First Refusal" to retain and/or purchase any and all land acquired in rem to be used for housing that AFFH; and Page 62 of 145 3. Use reasonable efforts to AFFH through the Municipality's land use regulations and other affirmative measures to assist development of affordable housing, such as promotion of inclusionary zoning. The County's audit rights, as referenced in FOURTH, above, shall extend to all documents, reports, and records which relate to the Municipality's commitment to AFFH as described herein. All of the provisions of this Section FIFTH will survive until the expiration of the HUD grant which funds the project or program described herein (the "Section Fifth Duration"). SIXTH: (a) The parties acknowledge and agree that the obligations of the County hereunder are subject to the County's receipt of all appropriate grant funds as detailed in Schedule "A" which is attached hereto and made a part hereof including without limitation, grant funds from New York State, HUD, etc. If for any reason whatsoever, the full amount of grant funds anticipated to be received pursuant to the CDBG or applicable program, or any portion thereof, are not received by the County for any reason whatsoever or are reduced, denied or fail to be approved in full for payments due the Municipality, the County shall have the right to either terminate this Agreement or to renegotiate the amounts and rates as 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 Agreement upon reasonable prior written notice. (b) The parties further acknowledge and agree that the obligations of the County hereunder with respect to funds, if any, not received pursuant to a grant (the "Non Grant Funds") are 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 Municipality, Page 63 of 145 then the Municipality shall have the right to terminate this Agreement upon reasonable prior written notice. (c) The parties further acknowledge and agree that the obligations of the County under this Agreement with respect to any Non Grant Funds 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 such monies being 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 Municipality, then the Municipality shall have the right to terminate this Agreement upon reasonable prior written notice. SEVENTH: (a) The County, upon ninety (90) days notice to the Municipality, may terminate this Agreement 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 services already rendered under this Agreement prior to the effective date of termination at the rates specified in Schedule "A". Upon receipt of notice that the County is terminating this Agreement in its best interests, the Municipality shall stop work immediately and incur no further costs in furtherance of this Agreement without the express approval of the Commissioner, and the Municipality shall direct any approved Contractor(s) to do the same. Page 64 of 145 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. The Municipality shall accept such reasonable and good faith determination as final. (b) Except as may be set forth in this Agreement; in the event the County determines that there has been a material breach by the Municipality of any of the terms of the Agreement 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 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 Municipality. Without limiting the foregoing, upon written notice to the Municipality, repeated breaches by the Municipality 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. EIGHTH: The Municipality agrees to procure and maintain insurance naming the County as additional insured, as provided and described in Schedule "B", 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 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, elected officials, 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 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 Agreement and to bear all other costs and expenses related thereto. Page 65 of 145 (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. NINTH: The Municipality 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 Municipality 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 Municipality) 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. TENTH: (a) The Municipality agrees that neither it nor any Contractor(s), employees 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 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. (b) The Municipality hereby acknowledges and agrees: A. That in the hiring of employees for the performance of work under this contract or subcontract hereunder, no Municipality, Contractor(s), nor any person acting on behalf of such Page 66 of 145 Municipality, Contractor(s), shall by reason of race, creed, color, religion, gender, age, ethnicity, disability, sex, alienage or citizen status, national origin, marital status, sexual orientation, familial status, genetic predisposition or carrier status discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; B. That neither the Municipality, nor any Contractor(s), nor any person on their behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, creed, color, religion, gender, age, ethnicity, disability, sex, alienage or citizen status, national origin, marital status, sexual orientation, familial status, genetic predisposition or carrier status; C. That there may be deducted from the amount payable to the Municipality by the County, under this contract, a penalty of fifty (50) dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; D. That the Agreement may be cancelled or terminated by the County, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement; and E. The aforesaid provisions of this section covering every contract for or on behalf of the County, for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. ELEVENTH: Notwithstanding the foregoing, the Municipality shall, and shall ensure that all third parties under its direction and control, (i) comply, at it's own expense, with the provisions of all applicable local, state and federal laws, rules and regulations, including, but not limited to the Federal and State Labor laws, the State Worker's Compensation Law, the State Unemployment Insurance Law, State Environmental Quality Review Act, the Federal Social Security Law, the Community Development Act, Section 3 of the Housing and Urban Development Act of 1968, the Civil Rights Act of 1964, the Fair Housing Act of 1968, the Americans with Disabilities Act, Executive Order 11246, Page 67 of 145 the Clean Air Act, the Water Pollution Control Act, and all HUD regulations and directives; and (ii) design and construct, at no expense to the County, all new and gut rehab residential buildings up to three stories to meet the standard for Energy Star Qualified New Homes (<[85 for South]) on the HERS Rating Scale, including that all procedures used for this rating shall comply with National Home Energy Rating System guidelines. TWELVETH: The Municipality acknowledges that to the extent the County provides any deliverables hereunder, including without limitation, written reports, studies, construction and detail drawings, blueprints, computer printouts, graphs, charts, plans, and specifications, all rights, title and interest (including ownership of copyright) in the foregoing shall be retained by the County. The Municipality shall not use such deliverables other than to perform its obligations as stated in this Agreement and shall not distribute the deliverables to third parties without the County's express written consent except as may be necessary in connection herewith. Moreover, all records or recorded data of any kind (together the "Records") compiled by the Municipality and/or any Contractor(s) in completing the Work described in this Agreement shall become and remain the property of the County. The term "Records" shall be deemed to include, but not be limited to, written reports, studies, construction and detail drawings, blueprints, computer printouts, graphs, charts, plans, specifications. 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, if any, created under this Agreement by the Municipality, County and/or any Contractor(s) 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 rights, 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 original of each deliverable. Page 68 of 145 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 it. If the County determines that none of these alternatives is reasonably available, the deliverable may be returned. Notwithstanding the foregoing the parties hereto acknowledge that they are both subject to the New York State Freedom of Information Law, as set forth in Public Officers Law, Article 6, which mandates public access to government records. The parties hereby acknowledge and agree that they shall have the right to disclose such information as is required by law and that any such disclosure will be limited to the extent that the applicable party considers proper under the law; however, such party will assert any exemptions or exclusions if applicable, if confidential information is sought pursuant to such law or regulation. If either party is directed or ordered to provide or disclose any information or otherwise required to do so by law, such party shall promptly notify the other that the information is being provided or disclosed. THIRTEENTH: The Municipality shall not delegate any duties or assign any of its rights under this Agreement 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. The Municipality shall ensure that all such County -approved subcontracts provide that Contractor(s) are subject to all terms and conditions set forth in this Agreement. It is recognized and understood by the Municipality that for the purposes of this Agreement, all Work performed by a County -approved Contractor(s) shall be deemed Work performed by the Municipality. The Municipality shall ensure that all subcontracts for the Work shall expressly provide that Contractor(s) are subject to all terms and conditions set forth in this Agreement. notwithstanding the foregoing, the Municipality shall remain liable to the County for the performance of all obligations under this Agreement. FOURTEENTH: The Municipality acknowledges and agrees that the Municipality and its officers, employees, agents, Contractor(s) and/or consultants are independent contractors and not Page 69 of 145 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, Contractor(s) and/or consultants will hold themselves out as, or claim to be, officers or employees of the County or any department, agency or unit thereof. FIFTEENTH: 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 Work or the payment of any invoice or 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. SIXTEENTH: 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 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: Commissioner Department of Planning Michaelian Office Building 148 Martine Avenue White Plains, New York 10601 with a copy to: County Attorney Michaelian Office Building 148 Martine Avenue White Plains, New York 10601 Page 70 of 145 To the Municipality: Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10543 Att. Meredith S. Robson SEVENTEENTH: 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, agreements 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. In the event of any conflict between the terms of this Agreement and the terms of any schedule or attachment hereto, it is understood that the terms of this Agreement shall be controlling. EIGHTEENTH: 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. NINETEENTH: The Municipality recognizes that this Agreement does not grant the Municipality the exclusive right to perform the Work for the County and that the County may enter into similar agreements with other recipients on an "as needed" basis and the County may contact and direct any Contractor(s) and delegate any and/or all portions of the Work herein to either the Municipality and/or Contractor(s) at its sole discretion. However, all billing and payments shall be administered through the Municipality and it shall be Municipality's sole responsibility to tender payments to any Contractor(s). TWENTIETH: 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. Page 71 of 145 In addition, the parties hereby agree that for 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. TWENTY- FIRST: The Municipality shall use all reasonable means to avoid any conflict of interest with the County and shall immediately notify the County in the event of a conflict of interest. The Municipality shall also use all reasonable means to avoid any appearance of impropriety. TWENTY—SECOND: All payments made by the County to the Municipality will be made by electronic funds transfer ("EFT") pursuant to the County's Vendor Direct program. Any Municipality or Contractor(s) 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 in order to receive payment. The EFT Authorization Form and related information are annexed hereto as Schedule "C". The completed Authorization Form must be returned by the Municipality to the Commissioner prior to execution of the contract. In rare cases, a hardship waiver may be granted. For a Hardship Waiver Request Form, please contact the Westchester County Finance Department. TWENTY-THIRD: The Municipality agrees to comply with, and where applicable complete, all attached the schedules to this Agreement, including without limitation the following which are attached hereto and made a part hereof: "Other Federal Requirements" (Schedule "D"); the "Federal Labor Standards Provisions" (Schedule "E"); "Certification Regarding Lobbying" (Schedule "F"); the "Certification Regarding Drug Free Workplace Requirements" (Schedule "G"); and "Certification Regarding Debarment and Suspension" (Schedule "H"). Page 72 of 145 TWENTY-FOURTH: The recitals preceding the body of this Agreement are hereby incorporated by reference into the body of this Agreement. TWENTY-FIFTH: This Agreement shall not be enforceable until it is signed by the parties and approved by the Office of the County Attorney. IN WITNESS WHEREOF, The County of Westchester and the Municipality have caused this Agreement to be executed. THE COUNTY OF WESTCHESTER IM Name: Norma V. Drummond Title: Commissioner of Planning THE TOWN OF MAMARONECK 0 Name: Meredith S. Robson Title: Town Administrator Approved by the Board of Acquisition and Contract of the County of Westchester on the 30th day of September, 2021 Approved as to form and manner of execution County Attorney The County of Westchester Page 73 of 145 MUNICIPALITY'S ACKNOWLEDGMENT STATE OF NEW YORK RIM COUNTY OF WESTCHESTER) On the day of in the year 2021 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 acknowledgment Page 74 of 145 CERTIFICATE OF AUTHORITY I, , (Officer other than officer signing contract) certify that I am the of (Title) the (the "Municipality") a municipal corporation duly organized and in good standing under laws of the State of New York named in the foregoing agreement; that (Person executing agreement) who signed said agreement on behalf of the Municipality was, at the time of execution (Title of such person) of the Municipality and that said agreement was duly signed for and on behalf of said Municipality by authority of its Board of , thereunto duly authorized and that such authority is in full force and effect at the date hereof STATE OF NEW YORK ss.: COUNTY OF WESTCHESTER) (Signature) On this day of , 2021, before me personally came , whose signature appears above, to me known, and known to me to be the of (Title) , the Municipality described in and which executed the above certificate, who being by me duly sworn did depose and say that he/she, signed his/her name hereto by order of the Board of of said Municipality. Notary Public Page 75 of 145 C -67-21-U22 SCHEDULE "A" SCOPE OF SERVICES BETWEEN THE COUNTY OF WESTCHESTER AND THE TOWN OF MAMARONECK FOR A SENIOR CENTER PARKING LOT RENOVATIONS PROJECT ON BOSTON POST ROAD IN THE TOWN. A. PURPOSE The Town of Mamaroneck will use the Community Development Block Grant funds to renovate the parking lot at the Senior Center in order to make it ADA accessible. B. SCOPE OF SERVICES/BUDGET FOR PROJECT Item Cost Site Preparation & Restoration $100,000 Total $100,000 The Contractor is responsible for all costs above the CDBG contribution of $100,000. C. TIME OF PERFORMANCE The contract between the County of Westchester and the Town of Mamaroneck will begin on October 15, 2021, and end on October 14, 2022. D. PAYMENT The County of Westchester will reimburse the Municipality for expenses incurred in connection with the Project in an amount not to exceed $100,000. The Catalog of Federal Domestic Assistance (CFDA) Number for the Community Development Block Grant (CDBG) Program is 14.218. Any and all requests for payment to be made, including any partial payment made in proportion to the work completed, shall be submitted on properly executed payment vouchers of the County and paid only after approval by the Commissioner of Planning of the County of Westchester or her duly authorized designee (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 Page 76 of 145 utilize sequential numbering and be non -repeating. The Municipality, as a subrecipient must submit a "CDBG Subrecipient Report" with each voucher. The CDBG Subrecipient Report must include accomplishment data as per the scope of services. It is understood that the Municipality will comply with the federal regulations for equal employment opportunity, labor, and Section 3 as specified in the Community Development Act. Failure to comply will result in the withholding of payment by the Westchester County Department of Planning. It is also understood that the Department of Planning staff will visit the site during construction and will inspect the project for substantial completion. It is also understood that the Municipality will comply with all requirements and provisions under the Americans with Disabilities Act as it may be amended from time to time, with regard to the work under this contract. The Municipality fully understands and acknowledges its responsibility to comply with the Americans with Disabilities Act ("ADA"), the rules and regulations thereunder, and that nothing contained herein shall be construed to absolve the Municipality from these obligations. It is further understood that all ADA work must be performed pursuant to the United States Department of Housing and Urban Development Rule 24, CFR Part 9. The Municipality further acknowledges and agrees that if, in order to comply with the ADA, it should become necessary to perform certain work not covered in the terms of this Agreement, or if it should become necessary to modify or redo work already performed pursuant to the terms of this Agreement, then such work will be the sole responsibility of the Municipality to perform and the County will not be obligated, in any way, to further compensate the Municipality. As of July 1, 1996, all recipients of grants in amounts of $300,000.00 annually or more of direct federal financial assistance, including awards received indirectly from the state and which may contain a mix of federal and state funds, must provide the County of Westchester with an annual audit performed at the recipient's expense. As a subrecipient, the Municipality, at its sole cost and expense, shall submit each year hereunder to the Commissioner no later than ninety days following the conclusion of each fiscal year of the subrecipient an audited statement of its operations in accordance with the terms of the contract. Submission of the audited statement shall not limit the County's right to inspect and audit the subrecipient records and books of account. Such statement shall comply with respective federal or state grant compliance requirements and governmental auditing standards applicable to the program and shall be prepared by a public accountant meeting the independence standards included in generally accepted government auditing standards. The subrecipient further agrees to furnish all reports and materials necessary to permit the County to fulfill its reporting requirements to state and Page 77 of 145 federal authorities. The subrecipient shall include in its Agreement with an independent auditor selected to perform the audit required hereunder a provision providing the County, state and federal authorities with access to the auditor's work papers. Unless the County, state or federal authorities shall advise the subrecipient in writing to the contrary, the subrecipient and its independent auditor shall retain all financial records and work papers for a period of three years after the expiration or termination of this Agreement. All publicity and press releases regarding the project will include details regarding the funds provided by the Westchester County Community Development Block Grant Program. The County of Westchester requires that bid specifications for this project include the clause: Pursuant to Section 308.01 of the Laws of Westchester County, the policy of the County is to encourage the meaningful and significant participation on County contracts for business enterprises owned by persons of color and women - Minority Business Enterprise (MBE) and Women Business Enterprise (WBE). A business owned and controlled by women or persons of color is defined as a business enterprise including a sole proprietorship, partnership or corporation that is: a. At least 51 % owned by one or more persons of color or women; b. An enterprise in which such ownership by persons of color or women is real, substantial and continuing; C. An enterprise authorized to do business in this state which is independently owned and operated. In addition, any business enterprise certified as an MBE or WBE pursuant to Article 15-a of the New York State Executive Law and the implementing regulations, 9 NYCRR subtitle N part 540 et seq., or as a small disadvantaged business concern pursuant to the Small Business Act, 15 U.S.C. 631 et seq., automatically qualifies. The Municipality must provide statistics to the Department of Planning on the participation of MBE/WBE. The records must indicate the type and amount of each prime contract, and indicate whether the business is owned by someone who is African- American, Hispanic, Asian -American, American Indian or Alaskan Native. Page 78 of 145 SCHEDULE`B" STANDARD INSURANCE PROVISIONS (Municipality) 1. Prior to commencing work, and throughout the term of the Agreement, the Municipality shall obtain at its own cost and expense the required insurance as delineated below from insurance companies licensed in the State of New York, carrying a Best's financial rating of A or better. Municipality shall provide evidence of such insurance to the County of Westchester ("County"), either by providing a copy of policies and/or certificates as may be required and approved by the Director of Risk Management of the County ("Director"). The policies or certificates thereof shall provide that ten (10) days prior to cancellation or material change in the policy, notices of same shall be given to the Director either by overnight mail or personal delivery for all of the following stated insurance policies. All notices shall name the Municipality and identify the Agreement. If at any time any of the policies required herein shall be or become unsatisfactory to the Director, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the Director, the Municipality shall upon notice to that effect from the County, promptly obtain a new policy, and submit the policy or the certificate as requested by the Director to the Office of Risk Management of the County for approval by the Director. Upon failure of the Municipality to furnish, deliver and maintain such insurance, the Agreement, at the election of the County, may be declared suspended, discontinued or terminated. Failure of the Municipality to take out, maintain, or the taking out or maintenance of any required insurance, shall not relieve the Municipality from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the contractual obligations of the Municipality concerning indemnification. All property losses shall be made payable to the "County of Westchester" and adjusted with the appropriate County personnel. In the event that claims, for which the County may be liable, in excess of the insured amounts provided herein are filed by reason of Municipality's negligent acts or omissions under the Agreement or by virtue of the provisions of the labor law or other statute or any other reason, the amount of excess of such claims or any portion thereof, may be withheld from payment due or to become due the Municipality until such time as the Municipality shall furnish such additional security covering such claims in form satisfactory to the Director. In the event of any loss, if the Municipality maintains broader coverage and/or higher limits than the minimums identified herein, the County shall be entitled to the broader coverage and/or higher limits maintained by the Municipality. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County. Page 79 of 145 2 The Municipality shall provide proof of the following coverage (if additional coverage is required for a specific agreement, those requirements will be described in the Agreement): a) Workers' Compensation and Employer's Liability. Certificate form C-105.2 or State Fund Insurance Company form U-26.3 is required for proof of compliance with the New York State Workers' Compensation Law. State Workers' Compensation Board form DB -120.1 is required for proof of compliance with the New York State Disability Benefits Law. Location of operation shall be "All locations in Westchester County, New York." Where an applicant claims to not be required to carry either a Workers' Compensation Policy or Disability Benefits Policy, or both, the employer must complete NYS form CE - 200, available to download at: http://www.wcb.ny_gov. If the employer is self-insured for Workers' Compensation, he/she should present a certificate from the New York State Worker's Compensation Board evidencing that fact (Either SI -12, Certificate of Workers' Compensation Self -Insurance, or GSI -105.2, Certificate of Participation in Workers' Compensation Group Self -Insurance). b) Commercial General Liability Insurance with a combined single limit of $1,000,000 (c.s.1) per occurrence and a $2,000,000 aggregate limit naming the "County of Westchester" as an additional insured on a primary and non-contributory basis. This insurance shall include the following coverages: i.Premises - Operations. ii.Broad Form Contractual. iii.Independent Contractor and Sub -Contractor. iv.Products and Completed Operations. c) Commercial Umbrella/Excess Insurance: $2,000,000 each Occurrence and Aggregate naming the "County of Westchester" as additional insured, written on a "follow the form" basis. NOTE: Additional insured status shall be provided by standard or other endorsement that extends coverage to the County of Westchester for both on-going and completed operations. d) Automobile Liability Insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and a minimum limit of $100,000 per occurrence for property damage or a combined single limit of $1,000,000 unless otherwise indicated in the contract specifications. This insurance shall include for bodily injury and property damage the following coverages and name the "County of Westchester" as additional insured: (i) Owned automobiles. (ii) Hired automobiles. (iii) Non -owned automobiles. Page 80 of 145 3. All policies of the Municipality shall be endorsed to contain the following clauses: (a) Insurers shall have no right to recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the above-described insurance. (b) The clause "other insurance provisions" in a policy in which the County is named as an insured, shall not apply to the County. (c) The insurance companies issuing the policy or policies shall have no recourse against the County (including its agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy. (d) Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of, and at the sole risk of, the Municipality. Page 81 of 145 SCHEDULE "C" Westchester County Vendor Direct Program Frequently Asked Questions 1. WHAT ARE THE BENEFITS OF THE ELECTRONIC FUNDS TRANSFER (EFT) ASSOCIATED WITH THE VENDOR DIRECT PROGRAM? There are several advantages to having your payments automatically deposited into your designated bank account via EFT: Payments are secure — Paper checks can be lost in the mail or stolen, but money deposited directly into your bank account is more secure. You save time — Money deposited into your bank account is automatic. You save the time of preparing and delivering the deposit to the bank. Additionally, the funds are immediately available to you. 2. ARE MY PAYMENTS GOING TO BE PROCESSED ON THE SAME SCHEDULE AS THEY WERE BEFORE VENDOR DIRECT? Yes. 3. HOW QUICKLY WILL A PAYMENT BE DEPOSITED INTO MY ACCOUNT? Payments are deposited two business days after the voucher/invoice is processed. Saturdays, Sundays, and legal holidays are not considered business days. 4. HOW WILL I KNOW WHEN THE PAYMENT IS IN MY BANK ACCOUNT AND WHAT IT IS FOR? 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 your check stub, and will contain the date that the funds will be credited to your account. 5. WHAT IF THERE IS A DISCREPANCY IN THE AMOUNT RECEIVED? Please contact your Westchester County representative as you would have in the past if there were a discrepancy on a check received. 6. WHAT IF I DO NOT RECEIVE THE MONEY IN MY DESIGNATED BANK ACCOUNT ON THE DATE INDICATED IN THE E-MAIL? In the unlikely event that this occurs, please contact the Westchester County Accounts Payable Department at 914-995-4708. 7. WHAT MUST I DO IF I CHANGE MY BANK OR MY ACCOUNT NUMBER? Whenever you change any information or close your account a new Vendor Direct Payment Authorization Form must be submitted. Please contact the Westchester County Accounts Payable Department at 914-995-4708 and we will e-mail you a new form. 8. WHEN COMPLETING THE PAYMENT AUTHORIZATION FORM, WHY MUST I HAVE IT SIGNED BY A BANK OFFICIAL IF I DON'T INCLUDE A VOIDED CHECK? This is to ensure the authenticity of the account being set up to receive your payments. Page 82 of 145 Westchester govcom Westchester County - Department .f Finance - Treasury Division Authorization is: (check one) ❑ New ❑ Change Electronic Funds Transfer (EFT) Vendor Direct Payment Authorization Form INSTRUCTIONS: Please complete both sections of this Authorization Form and attach a voided check. See the reverse side for more information and instructions. Mail to: Westchester County, Department of Finance, Treasury Division, 148 Martine Avenue, White Plains, NY 10601 Attention: Vendor Direct Section.• • • 1. Vendor Name: 2.Taxpayer ID Number or Social Security Number: 3. Vendor Primary Address 4.Contact Person Name: Contact Person Telephone Number: 5. Vendor E -Mail Addresses for Remittance Notification: 6. Vendor Certification: 1 have read and understand the Vendor Direct Payment Program and hereby authorize payments to be received by electronic funds transfer into the bank that I designate in Section 11. 1 further understand that in the event that an erroneous electronic payment is sent, Westchester County reserves the right to reverse the electronic payment. In the event that a reversal cannot be implemented, Westchester County will utilize any other lawful means to retrieve payments to which the payee was not entitled. Authorized Signature Print Name/Title Date Section• • • 7. Bank Name: 8. Bank Address: 9. Routing Transit Number: 10.Account Type: (check one ❑ Checking ❑Savings 11. Bank Account Number: 12. Bank Account Title: 13. Bank Contact Person Name: Telephone Number: 14. FINANCIAL INSTITUTION CERTIFICATION (required ONLY if directing funds into a Savings Account OR if a voided check is not attached to this form): I certify that the account number and type of account is maintained in the name of the vendor named above. As a representative of the named financial Institution, I certify that this financial Institution is ACH capable and agrees to receive and deposit payments to the account shown. Authorized Signature Print Name / Title Date Page 83 of 145 Schedule "D" Other Federal Requirements 1. (il Compliance with Title 1 of the Housing and Community Development Act of 1974, as amended 42 USC � 5301 et seq. The County has applied for and has been awarded a grant from the United States Department of Housing and Urban Development ("HUD") under Title 1 of the Housing and Community Development Act of 1974, as amended 42 USC § 5301 et seq. (the "Act"). The Municipality acknowledges that the County's receipt of the aforementioned grant funding, including the CDBG Funds, is conditioned, inter alia, on compliance with the provisions of the Act, including the requirement that it affirmatively further fair housing ("AFFH") as set forth in 42 U.S.C. §5304(b)(2) and its implementing regulations, 24 CFR Part 570 and any applicable rules issued thereunder (the collectively the "CDBG Regulations"), including without limitation those set forth in 24 CFR 135 (the "Part 135 Regulations"), the procurement standards set forth in 24 CFR 85 ("Part 85") and such guidance as may be issued by HUD from time to time. The Municipality, as sub -recipient of the CDBG Funds, represents that the improvements are eligible improvements under the Act and CDBG Regulations. The Municipality expressly agrees, and will cause any contractors or subcontractors, to agree, to comply with 24 CFR Part 85. The Municipality will cause procurement of the work to be carried out in accordance with 24 CFR 85.36. Pursuant to 24 CFR Part 85.35, the Municipality shall not contract with, or permit any subcontract to be made, with a debarred party. The below items are included in accordance with Section 24 CFR 570.503. The Municipality must comply with all applicable requirements of 24 CFR Part 85.40, 85.41 and 85.42, with respect to reports, records, and retention, and will furnish, such reports as deemed necessary by the Commissioner and as required by HUD. The Municipality and the Developer will prepare, or will cause to be prepared, a final report describing the work performed, together with such supporting information and documentation in such form and at such times as the County may reasonably require. The Municipality must comply with applicable uniform administrative requirements, as described in 24 CFR 570.502. The provisions of this Schedule "D" shall, in accordance with 24 CFR 570.503(a), survive Closing and shall remain in effect until the later of termination of the agreement or such some as the Municipality no long has control over the CDBG funds, including without limitation program income, if applicable. Page 84 of 145 To the extent any specific requirement of the CDBG Regulations is not set forth herein it is deemed incorporated herein by reference. 1 (ii). "Section 3" Compliance in the Provision of Training, Employment and Business Opportunities: The work to be performed hereunder is on a project assisted under a program providing direct Federal financial assistance from the HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (Section 3). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part, by persons residing in the area of the project. All parties hereto will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. All parties hereto certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. The requirements of Section 3 apply to recipients of Housing and Community Development Assistance that invest in $200,000 or more into projects/programs; involving housing construction, rehabilitation or other public construction. All contractors ( subcontractors) receiving covered funds in excess of $100,000 to complete projects involving housing construction, rehabilitation, or other public construction are required to comply with all requirements of set forth in Section 3 The Municipality acknowledges that it is their sole responsibility to determine whether it or its sub -contractors are in compliance with all terms and conditions of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (Section 3). The recipients of these funds shall adhere to the following, and, pursuant to § 135.38, all section 3 covered contracts and subcontracts shall include the following clause (referred to as the "Section 3 Clause"): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties Page 85 of 145 to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). The recipient shall provide such copies of 24 CFR Part 135 as may be necessary for the information of parties to contracts required to contain the Section 3 clause. 2. Flood Disaster Protection: Page 86 of 145 This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (P.L. 93-234). No portion of the assistance provided under this Agreement is approved for acquisition or construction purposes as defined under Section 3(a) of said Act, for use in an area identified by the Secretary as having special flood hazards which is located in a community not then in compliance with the requirements for participation in the national flood insurance program pursuant to Section 201(d) of said Act; and the use of any assistance provided under this Agreement for such acquisition or construction in such identified areas in communities then participating in the national flood insurance program shall be subject to the mandatory purchase of flood insurance requirements of Section 102(a) of said Act. Any contract or agreement for the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement shall contain, if such land is located in an area identified by the Secretary of HUD as having special flood hazards and in which three sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended, 24 U.S.C. 4001 et seq., provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be required notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Agreement. 3. Equal Employment Opportunity: (a) Minority and Woman Business Outreach Programs: The Municipality agrees to be bound by and comply with any policies and procedures established by any controlling jurisdiction, including but not limited to the State of New York or the County, regarding any outreach programs for woman and minority owned business required by Section 281 of the National Affordable Housing Act, as amended. (b) Activities and contracts not subject to Executive Order 11246, as amended. In carrying out the program, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment; without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the County setting forth the provisions of this nondiscrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The Contractor shall incorporate the foregoing requirements of this paragraph (a) in all of its contracts for program work, except contracts governed by paragraph (b) of this section, and will require all of its contractors for such work to incorporate such requirements in all subcontracts for program work. Page 87 of 145 (c) Contracts subject to Executive Order 11246 as amended. Such contracts shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130, applicable to HUD assisted construction contracts. The Contractor shall cause or require to be inserted in full in any nonexempt contract and subcontract for construction work, for modification thereof, as defined in said regulations, which is paid for in whole or in part with the assistance provided under this Agreement, the following equal opportunity clause: During the performance of this contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the County setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract of understanding, a notice to be provided by the County advising the said labor union or workers' representatives of the contractor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1963, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by HUD and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared Page 88 of 145 ineligible for further Government contracts or federally assisted construction contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 25, 1965, so that such provisions will be binding upon each sub -contractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as HUD or the County may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontract or vendor as a result of such direction by HUD or the County, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. The Contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the Contractor so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Contractor agrees that it will assist and cooperate actively with HUD and the Secretary of Labor in obtaining the compliance of contractors and sub -contractors with the equal opportunity clause and the rules, regulations, and relevant order of the Secretary of Labor; that it will furnish HUD and the Secretary of Labor such information as they might require for the supervision of such compliance; and that it will otherwise assist HUD in the discharge of its primary responsibility for securing compliance. The Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and sub -contractors by HUD or the Secretary of Labor pursuant to Part II, Subpart D of the executive order. In addition, the Contractor agrees that if it fails or refuses to comply with these undertakings, HUD or the County may take any or all of the following actions: Cancel, terminate or suspend in whole or in part the grant or loan guarantee or this contract; refrain from extending any further assistance to the Contractor under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Contractor; and refer the case to the Department of Justice for appropriate legal proceedings. 4. Lead -Based Paint Hazards Page 89 of 145 The construction or rehabilitation of residential structures with assistance provided under this Agreement is subject to the HUD Lead -Based Paint Regulations, 24 CFR Part 35, as modified by Section 570.608 of Subpart K. Any grants or loans made by the Contractor for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of lead-based paint hazards under Sub -Part B of said regulations, and the Contractor shall be responsible for the inspections and certifications required under Section 35.14(f) thereof. 5. Compliance with Air and Water Acts: This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et. seq. and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. In compliance with said regulations, the Contractor shall cause or require to be inserted in full in all contracts and subcontracts with respect to any nonexempt transaction thereunder funded with assistance provided under this Agreement, the following requirements: (1) A stipulation by the Contractor or Sub -contractor that any facility to be utilized in the performance of any nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. (2) Agreement by the contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857-c-8) and Section 308 of the Federal Water Pollution Control Act, as amended (33 USC 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. (3) A stipulation that as a condition for the award of the contract prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. (4) Agreement by the contractor that he will include or cause to be included the criteria and requirements in Paragraph (1) through (4) of this section in every nonexempt subcontract and requiring that the contractor will take such action as HUD and/or the County may direct as a means of enforcing such provisions. In no event shall any amount of the assistance provided under this Agreement be utilized with respect to a facility which has given rise to a conviction under Section 113(c)(1) of the Clean Air Act or Section 309 (c) of the Federal Water Pollution Control Act. Page 90 of 145 6. Federal Labor Standards Provisions: Except with respect to the rehabilitation of residential property designed for residential use for less than eight families, the Contractor and all Contractors engaged under contracts in excess of $2,000.00 for the construction prosecution, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement, shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3, 5 and 5a, governing the payment of wages and the ratio of apprentices and trainees to journeymen: Provided, that if wage rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve the Contractor of its obligation, if any, to require payment of the higher rates. The Contractor shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5 and, for such contracts in excess of $10,000, 29 CFR 5a.3. No award of the contracts covered under this section of the Agreement shall be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract. 7. Nondiscrimination Under Title VI of the Civil Rights Act of 1964 This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto, including the regulations under 24 CFR Part I. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Contractor shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex, or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the Contractor, the United States, and the County are beneficiaries of and entitled to enforce such covenant. The Contractor in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 8. Obligations of Contractor with respect to Certain Third Party Relationships: The Contractor shall remain fully obligated under the provisions of the Agreement notwithstanding its designation of a third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement to the Municipality. The Contractor shall comply with all lawful requirements of the County necessary to insure that the program with respect to which assistance is being provided under this Agreement to the Contractor is carried out in accordance with the County's Assurances and Certifications to HUD, including those with respect to the assumption of environmental responsibilities of the Applicant under Section 104(h) of the Housing and Community Development Act of 1974. Page 91 of 145 9. Interest of Certain Federal Officials: No member of or Delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. 10. Interest of Members, Officers, or Employees of Contractor, Members, of Local Governing Board, or Other Public Officials: No Member, officer, or employee of the Contractor, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. The Contractor shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section. 11. Prohibition Against Payments of Bonus or Commission: The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval of applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974, or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical Contractor, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as a program cost. 12. Debarment: The Municipality further agrees to comply with the requirements set forth in 24 CFR part 85 that assistance under this part shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the services of, or fund any contractor or sub recipient during any period of debarment, suspension, or placement in ineligibility status under the provisions of 24 CFR part 24. 13. Conflicts of Interest: The Municipality further agrees with the conflict of interest provisions in 24 CFR 85.36 and 84.42, respectively, shall apply and that the Municipality shall fully comply with same. In all cases not governed by 24 CFR 85.36 and 84.42, the provisions of this section, Part 570.611 (a)(2) shall apply. Such cases include the acquisition and disposition of real property and the provision of assistance by the recipient or by its sub recipients to individuals, businesses or other private entities under eligible CDBG activities that authorize such assistance (e.g. rehabilitation, preservation, and other improvements of private properties or facilities pursuant to §570.202; or grants, loans, and other assistance to businesses, individuals, and other private entities pursuant to §§570.203, 570.204, 570.455, or 570.703(i) shall apply. Page 92 of 145 14. Miscellaneous: The parties represent that none of them has, nor will have any understanding, oral or written, with any other person or party relating to the misuse, misappropriation, or "kickback" of any of three federal monies paid or to be paid hereunder. The parties agree to comply with all applicable federal, state and local laws, codes, ordinances, rules, and regulations including, but not limited to, the Housing and Community Development Act of 1974 and the rules and regulations thereunder, as the same may be amended. Without limiting the generality of the foregoing, the parties will comply with 24 CFR Part 35 regarding elimination of lead based paint hazards, with 24 CFR Part 15 regarding the requirements of the Clean Air Act and Federal Water Pollution Act, and with Title VI of the Civil Rights Act of 1964 together with 24 CFR Part 570.601, 24 CFR Part 1 and Executive Order 11246, to the effect that no person in the United States shall, on the ground of race, color, national origin or sex, be excluded for participation in, denied the benefits of, or be otherwise subjected to, discrimination under any activity involving federal assistance. The Owner (but not any of the Contractors) agrees to cause to be included in any instrument of sale, lease, or conveyance of the property improved with federal assistance hereunder, a clause obligating the transferee and successors to observe the requirements of Title VI of the Civil Rights Act of 1964. Where applicable, the Municipality shall comply with the conditions prescribed by HUD for the use of CDBG funds by religious organizations 15. Exhibit 1 Where applicable, attached hereto and made a part hereof is Exhibit 1, which exhibit contains certain of the regulations referred to in this agreement. 16. Subpart K— Other Program Requirements: The recipient agrees to comply in all respects with the program requirements set forth in Subpart K of Part 570 of the Federal Regulation (24 CFR 570.600 et seq.), including without limitation, 570.610 Uniform administrative requirements and cost principles. Additional guidance on this subject can be found in OMB circular No. A-87 "Cost Principles for State, Local and Indian Tribal Governments"; OMB Circular A-128 "Audits for State, Local and Tribal Governments" and 24 CFR Part 85 "Uniform Administrative Requirements". Further, the recipient will comply with 570.613 Eligibility restrictions for certain resident aliens as described in 24 CFR Part 49, as well as the Architectural Barriers Act and the Americans Disabilities Act as set forth in 570.614 of the CDBG Regulations. The subrecipient must carry out construction of the Improvements in compliance with all Federal laws and regulations described in Subpart K of the regulations, except that: (i) The subrecipient does not assume the recipient's environmental responsibilities described at 24 CFR 570.604; and (ii) The subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. Page 93 of 145 17. Program Income: Prior to the disbursement of any funds pursuant to this agreement, the recipient shall execute and deliver to the county either (1) a written statement by the Public Officer of the municipality, Officer of the authorized representative of the recipient that there will be any "program income" as that term is defined pursuant to 24 CFR 530.3; or (2) a program income agreement between the County and the recipient regarding the disposition of program income prepared in the form specified pursuant to 24 CFR 504.(c). 18. Reversion of Assets: The Municipality accepts all terms and provisions of 24 CFR 85.43 ("Enforcement") if the Municipality fails to comply with any term of the award, and that the award may be terminated for convenience in accordance with 24 CFR 85.44. The recipient agrees that upon the expiration of this agreement with the County, that any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds shall be transferred to the County, for recommital to the CDBG program. The recipient further agrees that it will ensure that any real property under the recipient's control that has been acquired or improved in whole or in part by CDBG funds in excess of $25,000 is either: 1) Used to meet one of the National Objectives in s. 570.208 until five years after expiration of the agreement, or such longer period of time as determined appropriate by the County; or 2) Is disposed of in a manner which results in the County being reimbursed in the amount of the Fair Market value of the property less any portion thereof attributable to expenditures of non- CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is not required after the period of time specified in accordance with 1) above. Page 94 of 145 Schedule "E" Federal Labor Standards Provisions Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United Slates of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (1) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained In the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section I(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1 )(iv); also, regular contributions made or costs Incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rales conformed under 29 CFR 5.5(a)(1)(ii) and the Davis -Bacon poster (WH - 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: U.S. Department of Housing and Urban Development Office of Labor Relations (1) The work to be performed by the classification requested is not performed by a classification in the wage determination, and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or Its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or Its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will Issue a determination within 30 days of receipt and so advise HUD or Its designee or will notify HUD or Its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (111) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics Includes a fringe benefit which Is not expressed as an hourly rate, the contractor shalt either pay the benefit as slated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part form HUD -4010 (0612009) Previous editions are obsolete Page 1 of 5 ref. Handbook 1344.1 Page 95 of 145 of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis - Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140 ) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same pr•me contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (1) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section I(b)(2)(B) of the Davis -bacon Act) daily and communicated in writing to the laborers or mechanics affected, and records wh ch show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor or owner, as the case may be, for transmission to HUD or Its designee. The payrolls submitted shall set out accurately and completely all of the Information required to be maintained under 29 CFR 5.5(a)(3)(I) except that full social security numbers and home addresses shall not be Included on weekly transmittals. Instead the payrolls shall only need to include an individually Identifying number for each employee (e g., the last four digits of the employee's social security number). The required weekly payroll Information may be submitted in any form desired, Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at hffp 1/www dol aov/esa1whd/forms/wh347instr htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or Its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an Investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) weekly number of hours worked, deductions made and (b) Each payroll submitted shall be accompanied by a actual wages paid. Whenever the Secretary of Labor has "Statement of Compliance," signed by the contractor or found under 29 CFR 5.5 (a)(1)(iv) that the wages of any subcontractor or his or her agent who pays or supervises laborer or mechanic include the amount of any costs the payment of the persons employed under the contract reasonably anticipated in providing benefits under a plan and shall certify the following; or program described in Section I(b)(2)(B) of the Davis- (1) That the payroll for the payroll period contains the Bacon Act, the contractor shall maintain records which information required to be provided under 29 CFR 5.5 show that the commitment to provide such benefits is (a)(3)(ii), the appropriate information is being maintained enforceable, that the plan or program is financially under 29 CFR 5.5(a)(3)(i), and that such information is responsible, and that the plan or program has been correct and complete; Previous editions are obsolete form HUD -4010 (0612009) Page 2 of 5 ref. Handbook 1344.1 Page 96 of 145 (2) That each laborer or mechanic (Including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or Indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph A.3.(11)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (tit) The contractor or subcontractor shall make the records required under subparagraph A.3.(€) available for inspection, copying, or transcription by authorized representatives of HUD or Its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on aa roll at an a Prentice wa a rate who is not registered or otherwise employed as slated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rale on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed In percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification, If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (it) Trainees. Except as provided in 29 CFR 6.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant %to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rale specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination, Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not p y p g registered and participating In a training plan approved by Previous editions are obsolete form HUD -4010 (0612009) Page 3 of 5 ref. Handbook 1344.1 Page 97 of 145 the Employment and Training Administration shall be pard not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (Iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will Insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate Instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (t) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24 (II) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (III) The penalty for making false statements is prescribed in the U S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title i6, U.S.C., "Federal Hous,ng Administration transactions", provides in part. "Whoever, for the purpose of . .. influencing in any way the action of such Administration .... makes, utters or publishes any statement knowing the same to be false.... shall be fined not more than $5,000 or Imprisoned not more than two years, or both " 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or Instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics"include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, In the sum of $10 foreach calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. Previous editions are obsolete form HUD -4010 (0612009) Page 4 of 5 ref. Handbook 1344.1 Page 98 of 145 (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph, (4) Subcontracts. The contractor or subcontractor shall Insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses In any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work In surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 at sea. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete form HUD -4010 (0612009) Page 5 of 5 ret. Handbook 1344.1 Page 99 of 145 Schedule "F" Certification Regarding _ _ Lobby Certification for Contracts, Grants, Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. 2) If any funds other than the Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (Name of Organization) (Signature of Responsible Official) (Grant Number) (Date) Page 100 of 145 Schedule "G" Certification Regarding Drug Free Workplace Requirements GRANTEES OTHER THAN INDIVIDUALS This certification is required by regulations implementing Sections 5151-5160 of the Drug -Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701 et seq.), 7 CFR Part 3017, Subpart F, Section 3017.699 and 45 CFR Part 76, Subpart F. The January 31, 1989 regulations were amended an published as Part II of the May 25, 1990 Federal Register (Pages 21681-21691). The grantee certifies that it will provide a drug-free workplace by: a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition: b) Establishing a drug-free awareness program to inform employees about: 1) The dangers of drug abuse in the workplace; 2) The grantee's policy of maintaining a drug-free workplace; 3) Any available drug counseling, rehabilitation, and employee assistance programs; and 4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: 1) Abide by the terms of the statement; and 2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; e) Notifying the agency within ten days of receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2) with respect to any employee who is so convicted: 1) Taking appropriate personnel action against such an employee, up to and including termination; or 2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement or other appropriate agency; g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). (Organization) (Authorized Signature) Page 101 of 145 Schedule "H" Certification Regarding Debarment and Suspension 1) As required by Federal Executive Order 12549, and prescribed by federal regulations, including 40 CRF Part 32, the contractor certifies that it, and its principals: (a) Are not presently disbarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any Federal department or agency; (b) Have not within a 3 -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction, including any violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a Government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (b) above; and (d) Have not within a 3 -year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2) Where the Contractor is unable to certify to any of the statements in this paragraph, the Contractor shall attach an explanation to this certification. Date: Authorized Signature Title Organization Page 102 of 145 • Town of Mamaroneck ` Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 MRobson@TownofMamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Amended Memorandum of Understanding for Participation in the Short -Term Westchester Power Extension Contract For Communities in the Con Edison Service Territory Date: April 25, 2022 Sustainable Westchester has informed the Town of Mamaroneck that because the energy market has continued to be volatile and the bids hit a high of almost 15 cents, they are requesting that the Town will increase their original price -not -to - exceed of 12.50 cents to price -not -to -exceed 13.90 cents. Increasing the price -not -to - exceed will provide more flexibility and increase the likelihood of the continuation of the program. Attached please find an email from Sustainable Westchester's Program Director explaining the change and the revised Memorandum of Understanding for Participation in the Short -Term Westchester Power Extension Contract For Communities in the Con Edison Service Territory. We are respectfully requesting the following action by the Board: Resolved that the Town Board hereby authorizes the Town Administrator to sign the revised Memorandum of Understanding for Participation in the Short - Term Westchester Power Extension Contract For Communities in the Con Edison Service Territory subject to a compliant offer being received and an award being made with the price -not -to -exceed 13.90 cents. Page 103 of 145 From: Subject: Westchester Power Update and Action Required Date: Friday, April 22, 2022 1:43:02 PM Attachments: 2022 Westchester Power Con Ed Extension MOU Revised 20220422 - renewable.docx Dear Westchester Power Chief Electeds & Admins: We had hoped to be reporting a contract extension award made and alerting you all to impending digital contract signings. Unfortunately the energy market has continued its volatility as we collected the last MOUs. As seen in the chart below, the bids hit a high of almost 15 cents, significantly beyond our price -not -to -exceed target of 12.5 cents, Summary: 100% renewable (supply + RECs) cents/kilowatt-hour prices Bid # Pricing Date 3 Mo 4 Mo 5 Mo 6Mo 1 3/23/2022 11.64 11.76 2 3/30/2022 11.64 12.13 3 4/5/2022 12.86 13.08 14.01 4 4/6/2022 13.29 13.5 5 4/19/2022 14.99 We are checking day by day for favorable movement that would bring rates down into range however we have been advised that the market pricing is not likely to come down to our original price -not -to -exceed level. For this reason, we are requesting a revised MOU from each municipality with a new price -not -to -exceed 13.9 cents (please see attached). This higher price -not -to -exceed would provide more flexibility and increase the likelihood of continuity of service in the program while still allowing us to try to take advantage of any downturn in market pricing over the next two weeks. As we have noted, high natural gas prices are driving the market. The news continues to suggest nothing but upward pressure, but there can be movements within the larger pattern that might offer opportunities. There has been a modest downturn from a very extreme high in gas prices recently, as you can see in the graph below. Page 104 of 145 To increase the likelihood of program continuity, we are submitting to you an updated MOU with a new priice-not-to-exceed that gives us a better chance to reach an extension contract with no disruption in the program. Switching over to this alternative plan and staying on schedule would require that actions be taken within a tight timeframe, with all modified MOUs executed by May 5. Looking at municipal schedules as posted, it appears that all but perhaps one participating municipality willl have meetings between now and then and we ask that action be taken at the first available opportunity. If, during this period while municipalities are taking action on the revised MOU and before they are all executed, market movements bring prices down within our original price -not -to - exceed, we are prepared to execute on the original MOU immediately. Assuming that doesn't happen, we would then be positioned with this backup. We feel that this backup mechanism is prudent and provides the best route to maintaining program momentum and carrying us through to our next, enhanced auction event. There still would not be a guarantee of market rates being within this new target of course, but our chances improve. The proposed new price not to exceed is higher of course versus past rates, but currently ESCO renewable rates are tracking into the 15 cent range and of course there is no guarantee that residents will fare better with Con Ed in these turbulent times. As always, residents will have the option of changing to the standard (non- renewable) supply or exiting the program. Because the timing for this approach is so compressed, we would like to ask you all to Page 105 of 145 confirm your support for taking the MOU with the proposed 13.9 cent not -to -exceed rate to your board. We anticipate that it won't be necessary for us to return to your boards to make presentations and that we can instead provide concise information to share with the boards, but if that is not the case, please let us know as well so that we can plan to join you. We are scheduling two zoom sessions to provide opportunities to ask questions and discuss these plans. Please put the one of these on your calendar: Session 1: Monday, April 25, 12 Noon. Zoom: https://link.zixcentral.com/u/89e5653a/JtKdpWPC7BGHDB5ZBW1 nPA? u=https%3A%2F%2Fus02web.zoom.us%2Fj%2F87353829490 or https://Iink.zixcentral.com/u/b6b3lO5f/emKepWPC7BGHDB5ZBW1 nPA? u=https%3A%2F%2Ftinyurl.com%2FContractExtensionUpdate1 Session 2: Wednesday, April 27, 7:00 PM. Zoom: https://Iink.zixcentral.com/u/ea9598a6/NlKepWPC7BGHDB5ZBW1 nPA? u=https%3A%2F%2Fus02web.zoom.us%2Fj%2F85024416592 or https://Iink.zixcentral.com/u/144636cl/Gt2epWPC7BGHDB5ZBWlnPA? u=https%3A%2F%2Ftinyurl.com%2FContractExtensionUpdate2 As always, let us know if you have questions - email or phone us as you find convenient. We will of course update you all as things progress, or if there are any changes. Thanks for your attention and support, Attached: Revised MOU with appropriate default product for your municipality pre -selected in 5a. Dan Welsh Program Director Westchester Power A Pro ram o Sustainable Westchester iiii Con Ed Customers: Earn cash for saving electricity with GrldRewardsI Average households can earn around $100/year by reducing electricity at peak times. Sign up today to participate this summerl Page 106 of 145 CCA MOU - CON ED 2022-04-22 MEMORANDUM OF UNDERSTANDING For Participation in the Short -Term Westchester Power Extension Contract For Communities in the Con Edison Service Territory This Memorandum of Understanding is entered into by and between: Sustainable Westchester, Inc., a New York non-profit corporation ("Sustainable Westchester"), and the City / Town / Village of (the "Municipality"), a local government member of Sustainable Westchester (each a "Party" and collectively, the "Parties"). Background: a. In February 2015, the New York Public Service Commission ("PSC") issued an Order for Case 14-M-0564 as follows: "The Petition of Sustainable Westchester is granted to the extent that its municipal members are authorized to undertake a Community Choice Aggregation demonstration project consistent with the discussion in the body of this Order..." b. The PSC subsequently issued an Order for Case 14-M-0224 on April 21, 2016, which authorized Community Choice Aggregation ("CCA") throughout New York State (the "CCA Order") and on November 15, 2018 issued the "Order Approving Renewal of the Sustainable Westchester Community Choice Aggregation Program" reauthorizing the Sustainable Westchester CCA program under a Master Implementation Plan. c. Sustainable Westchester's CCA Program enrolled Participating Customers from an initial group of 20 participating municipalities in April 2016. Since then, nine additional municipalities have joined and several other municipalities are actively working towards participation. d. For participating municipalities in the Con Edison utility territory, the current Electric Service Agreement for the Sustainable Westchester CCA Program will terminate on the first meter read date after June 30, 2022 e. In compliance with the PSC CCA Orders, the Municipality has adopted local legislation to enable Community Choice Aggregation. f. As a member of Sustainable Westchester in good standing and participant in the Sustainable Westchester CCA Program, the Municipality wishes to continue to engage the services of Sustainable Westchester as the Program Manager for Community Choice Aggregation for the Operation and Maintenance of the Program. 2.Definitions: a. 2021 ESA: The ESA which implemented the Sustainable Westchester CCA Program during the period from January 1, 2021 to the first meter read date after June 30, 2022. b. 2022 Extension ESA: The ESA which will implement Sustainable Westchester CCA Program commencing on the first meter read date after July 1, 2022 for the Con Edison service territory. The 2022 Extension ESA shall have substantially the same terms outlined in the attached 2022 Extension ESA Template (Attached as Exhibit 1) and shall have a term of no longer than six months. The 2022 Extension ESA Page 1 of 4 Page 107 of 145 CCA MOU - CON ED 2022-04-22 Template sets out the new prices and terms, as well as any items which require clarification in the context of the extension c. CCA Orders: Collectively, the February 26, 2015 "Order Granting Petition in Part" issued by the PSC in Case 14-M-0564; the April 21, 2016 "Order Authorizing Framework for Community Choice Aggregation Opt -out Program" issued by the PSC in Case 14-M-0224 (the "CCA Framework Order"), which sets forth the requirements, terms, and conditions under which CCA programs can proceed through implementation; and the November 15, 2018 "Order Approving Renewal of the Sustainable Westchester Community Choice Aggregation Program" issued by the PSC in Case 14-M-0564, which reauthorizes the Sustainable Westchester CCA program under a Master Implementation Plan. d. Community Choice Aggregation Program or CCA Program or Program— A municipal energy procurement program, which replaces the incumbent utility as the default supplier for all Eligible Consumers within the Participating Municipality, as defined in the PSC CCA Orders. Competitive Supplier: An entity duly authorized to conduct business in the State of New York as an energy service company ("ESCO") that procures electric power for Eligible Consumers in connection with this CCA Program. Compliant Offer: Electric power supply offer from a Competitive Supplier that meets the requirements specified in this MOU and the 2022 Extension ESA. A Compliant Offer price must be inclusive of fees owed to Program Manager and be less than: i. Residential accounts: 13.90 cents/kwh; ii. Small commercial accounts: 13.90 cents/kwh g. Default Product: The product selected by the Municipality for supply to its Eligible Consumers upon enrollment, unless they take action to select a different product or Opt out. h. Distribution Utility: Owner or controller of the means of distribution of the natural gas or electricity that is regulated by the Public Service Commission in the Participating Municipality. i. Electric Service Agreement ("ESA"): An agreement that implements a CCA Program and contains all the terms and conditions of the Program. j. Eligible Consumers — Residential and small commercial consumers of electricity who have been served by the program under the 2021 ESA and have not opted out. For the avoidance of doubt, all Eligible Consumers must reside or be otherwise located at one or more locations within the geographic boundaries of the Municipality, as such boundaries exist on the Effective Date of the 2021 ESA. the 2022 Extension ESA. k. Participating Municipality: A dues -paying municipal member of Sustainable Westchester, which has adopted the applicable local legislation for the Community Choice Aggregation Program. 1. Participating Customers: Eligible Consumers enrolled in the Program, including Opt -out Eligible Consumers who have been enrolled subsequent to the opt -out process and other customers who have opted in. m. Program Manager: Sustainable Westchester, a non-profit corporation of which the Participating Municipality is a member. Page 2 of 4 Page 108 of 145 CCA MOU - CON ED 2022-04-22 n. Public Service Commission ("PSC"): The New York State Public Service Commission or the New York State Department of Public Service acting as staff on behalf of the Public Service Commission. o. Qualifications Review: A verification of the status of the Competitive Supplier as an electricity supplier in the Distribution Utility's service territory. A precondition for attaining such status is that Competitive Supplier has met the credit requirements established by the New York Independent Systems Operator. 3. Purpose: The purpose of the Memorandum of Understanding is as follows: a. To establish participation by The Municipality (hereafter, the "Participating Municipality") in a Community Choice Aggregation Program (hereafter, the "Program") that will be managed on its behalf by Sustainable Westchester, (hereafter, the "Program Manager") under the 2022 Extension ESA. b. To affirm that the Participating Municipality and Program Manager agree to adhere to the terms and conditions of the 2022 Extension ESA in the event they execute it. c. To affirm that the Participating Municipality and Program Manager agree to execute the 2022 Extension ESA, subject to the conditions of review and approval outlined in 4(c) and 5(a), below. 4. Roles and responsibilities of the Program Manager: As Program Manager, Sustainable Westchester agrees to perform all duties outlined in the 2022 Extension ESA and, prior to execution of that agreement, Program Manager agrees to: a. Provide the involved agencies and parties to the PSC CCA Orders, including, but not limited to, the Public Service Commission and Distribution Utility, requested information about and documentation of the actions undertaken by the Participating Municipality in furtherance of enabling participation in the Program; b. Manage the contract extension process including: i. the collection of indicative pricing and other inputs against which to evaluate the 2022 Extension ESA offers, ii. the preparation of the 2022 Extension ESA, iii. the acceptance, secure opening, and review of the indicative pricing and 2022 Extension ESA offers, and iv. the organization of the Qualifications Review, offer evaluation, and selection of a Competitive Supplier, all in a manner that is transparent to the Participating Municipality and firms seeking to be the Competitive Supplier; c. Sign the 2022 Extension ESA in a timely fashion subject to the conditions that: i. the Competitive Supplier is deemed qualified for the duration of the 2022 Extension ESA by the Qualifications Review, and ii. such Competitive Supplier's offer is deemed by the Program Manager to be a Compliant Offer as defined in Section 2 above. d. Fulfill any other responsibilities as may reasonably adhere to facilitating the implementation of the Program, subject to the Program Manager's inherent and original role as an organization driven by the deliberated priorities of its constituent member municipalities. 5. Roles and responsibilities of the Participating Municipality: The Participating Municipality agrees to: Page 3 of 4 Page 109 of 145 CCA MOU - CON ED 2022-04-22 a. Sign the 2022 Extension ESA, selecting the 100% Renewable Clean Power Product as the Default Product for its Eligible Consumers, in a timely fashion, subject to the conditions that: i. the Competitive Supplier is deemed qualified for the duration of the 2022 Extension ESA by the Qualifications Review, and ii. such Competitive Supplier's offer is deemed by the Program Manager to be a Compliant Offer as defined in Section 2 above. 6. Term and Termination: Memorandum of Understanding shall expire on the earlier of June 30, 2022 or the date on which the 2022 Extension ESA is signed by the Participating Municipality, the Program Manager, and the selected Competitive Supplier. Participating Municipality shall have the right to terminate this Memorandum of Understanding for any of the reasons set forth in the Termination section of the 2021 ESA attached hereto as Exhibit 2. IN WITNESSETH WHEREOF, the Parties have signed this MEMORANDUM OF UNDERSTANDING on the day and year appearing below their respective signatures. City/TownNillage of Authorized Official Name and Title: Signature: Address: Telephone(s): E -Mail Address: Address for Notices: Sustainable Westchester, Inc. Authorized Official Name and Title: Nina Orville, Executive Director Signature: Address: 40 Green Street, Mount Kisco, NY 10549 Telephone(s): (914) 242-4725 E -Mail Address:nina@sustainablewestchester.org Address for Notices: 40 Green Street, Mount Kisco, NY 10549 Attachments: Exhibit 1, 2022 Extension ESA Template Exhibit 2, 2021 ESA Page 4 of 4 Page 110 of 145 • Town of Mamaroneck ` Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 MRobson@TownofMamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Proposed Town Center Signage Date: April 29, 2022 For some months now, staff has been working with a vendor to design new signs for the Town Center to make it easier for members of the public to find the offices they are looking for in order to conduct business. Attached please find a quote we received for new Town Center signage that we'd like to discuss with you. Also attached is a breakdown of the options for "staffing" the entrance to the building if you would still like to have an individual at that location all day and for evening meetings. I would respectfully request that you consider whether or not you'd like to continue that practice once new signage is in place that better directs the public to the appropriate location. Feel free to contact me with any questions. Page 111 of 145 H w N O N Q) Q) Q v 3 E E $ E EaT a�o- �. 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Consultant Services -Grant Writer The 2022 Adopted Operating Budget included approximately half of the funding for a contracted grant writer who will seek and apply for grants for the Town. A budget transfer from contingency is recommended for the additional funds needed for the annual cost. 2. Consultant Service -Traffic The Town has contracted with a consultant for pedestrian improvements at New Jefferson St at N. Chatsworth Avenue. A budget transfer from contingency is recommended for the additional funds needed for the annual cost. 2022 OPERATING BUDGET AMENDMENTS GENERAL TOWN WIDE FUND (FUND A): 1 Revenue A.1221.4035 Consultant Ser ices- Grant Writer Expense A.1900.4050 Contingency PART TOWN (FUND B) 2 Expense B.3310.4035 Consultant Ser\ices Expense B.1900.4050 Contingency Page 118 of 145 Amount Increase $ 22,000 Decrease (22,000) Increase $ 9,550 Decrease $ (9,550) Page 118 of 145 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 Office of the Comptroller Memorandum To: Town Board Members From: Tracy Yogman, Town Comptroller Date: May 4, 2022 Re: Q1 2022 Capital Budget Amendments TEL: 914/381-7850 FAX: 914/381-7809 towncomptroller@townofmamaroneck.org In accordance with best practices, this year's budget began the transition of the use of fund balance from operating to one-time expenses such as capital projects. A review of fund balances has been completed and there is sufficient funding for projects totaling a little over $1 million. Fund balances will remain healthy and in compliance with the Town Fund Balance Policy. The following budget amendments are recommended to amend the 2022 capital projects as follows: 1. Purchase Booster Pump Station (Proiect 1373-12) Due to changes in scope and duration of the project, the project will need an additional $100,000 to complete. There is approximately $14k remaining in the project budget. A budget amendment is recommended below to increase the budget. 2. Pryer Manor Bridge (Proiect 2017-14) This joint project to repair the Pryer Manor Bridge with the City New Rochelle has been completed. A budget amendment is recommended below to reflect the transfer of remaining funds back to the General Fund. 3. Town Center Improvements (Proiect 2019-14) This project for small improvements has been completed. A budget amendment is recommended below to reflect the transfer of remaining funds back to the General Fund. 4. Senior Center Building Improvements (Proiect 2019-58) This project for the renovation of the banquet room at the Senior Center has been completed. A budget amendment is recommended below to reflect the transfer of remaining funds back to the General Fund. 5. East Hickory Grove Sidewalks (Proiect 2019-64) This project has been completed. A budget amendment is recommended below to reflect the transfer of remaining funds back to the Highway Fund. Page 119 of 145 6. Senior Center Improvements (Proiect 2020-58) The 2020 adopted budget included funding for the renovation of the activity room (yellow room), enclosed porch, IT upgrades, HVAC and radiator for porch/activity room and lighting. The Town has been awarded a Community Development Fund for Economic Development Initiatives (EDI) through Congressman Bowman for the total cost of the project. A budget amendment is recommended below to reflect the current project cost and the funding received. 7. Vehicles (Proiect 2020-06) The 2022 Adopted Budget included funding for the vehicles listed below. However based on increased costs and supply issues, additional funding is needed. A budget amendment is recommended to increase the vehicle budgets for the anticipated purchase. Vehicle Budget Code 2022 Budget Price Increase Updated Budget Dump truck body 2020-06 $30,000 $5,000 $35,000 Black top roller 2020-06 $50,000 $7,000 $57,000 Hybrid Escape- IT 2020-72 $30,000 $3,000 $33,000 Hybrid Escape -Community Svcs 2020-72 $30,000 $3,000 $33,000 Ford Pickup Truck 2020-72 $50,000 $5,000 $55,000 8. Security Cameras- Ice Rink (Proiect 2022-94) The 2022 Adopted Capital Budget included funding for security cameras at the ice rink. A bond was planned to fund the project. The fund balance in the General Fund is sufficient to fund the project. A budget amendment is recommended below to update the funding source. 9. Server/Laptops (Proiect 2020-20) The 2022 Adopted Capital Budget included funding for technology equipment. A bond was planned to fund the project. The fund balance in the General Fund is sufficient to fund the project. A budget amendment is recommended below to update the funding source. 10. Police Mobile Technology (Proiect 2021-20) The 2022 Adopted Capital Budget included funding for technology equipment in the police vehicles. A bond was planned to fund the project. The fund balance in the Part Town Fund is sufficient to fund the project. A budget amendment is recommended below to update the funding source and increase based on current quotes. 11. LVAC Improvements (Proiect 2019-59) The 2022 Adopted Capital Budget included funding for painting and exterior door replacement at the LVAC facility. A bond was planned to fund the project. The fund balance in the Ambulance District is sufficient to fund the project. A budget amendment is recommended below to update the funding source. 12. Pavement Evaluation (Proiect 2020-75) This evaluation has been completed and a budget amendment is recommended below to transfer remaining funds back to Highway. 13. Rye Lake Filtration Facility (Proiect 1364-12) The Town's share of the $108,000,000 project to reconstruct the filtration plant to comply with EPA surface water treatment regulations and to provide for future demand is $18,196,000. The Town has approved bonding of $1,152,000 in 2020/21. The balance of the project will be bonded on an annual basis until the project is completed based on a cash flow need provided by the Westchester Joint Water Works. A budget amendment is recommended to budget the balance of the current estimated cost of the project. A bond resolution will be provided for the balance of the project however bonds will be issued annually on a cash flow basis. Page 120 of 145 14. Town Center Flooring (Proiect 2020-14) The 2022 Adopted Capital Budget included funding for flooring in Town Center for first and second floor hallways and in two offices. A bond was planned to fund the project. The fund balance in the General Fund is sufficient to fund the project. A budget amendment is recommended below to update the funding source and increase based on current quotes. 15. Senior Center Improvements (Proiect 2021-48) The 2021 Adopted Capital Budget included funding for the Senior Center parking lot. A bond was planned to fund the project. The project was estimated at $263k however the actual bid price with additional scope items is $640k. We have $100k of 2021 CDBG funds and will be requesting a reallocation of the $125k of the 2022 CDBG funds toward this project. We will also be requesting an additional $75k. The Garden Club will be contributing $12,000 towards the project. As a result, the balance of $274,107 will be transferred from fund balance in the General Fund. A budget amendment is recommended below to update the funding source and increase the cost based on current quotes. 16. Parking Deck Improvements (Proiect 2018-48) The 2022 Adopted Capital Budget included funding for the Parking Deck Improvements. A bond was planned to fund the project. The fund balance in the Part Town Fund is sufficient to fund the project. A budget amendment is recommended below to update the funding source and increase based on current quotes. 17. Senior Passenger Bus (Proiect 2020-22) The senior passenger bus required striping and lettering. A budget amendment is recommended below to transfer funds from the fund balance for this additional cost. 18. Senior Center Exterior Improvements (Proiect 2020-58) The 2022 Adopted Budget included funding for the exterior work at the Senior Center that includes roofs and windows. It was originally planned as a CDBG funded project but will now be funded through Town fund balance. A budget amendment below is recommended to update the funding source for the project. 19. Town Center Flat Roofs (Proiect 2018-14) The 2022 Adopted Budget included funding to remove and replace flat rubber roofs on Town Center that are 40 years old and leaking. Based on current market pricing, additional funds of $80k will be needed to complete the project. A budget amendment below is recommended to increase the project budget and the bond amount needed. 20. Parks Building/Sign Shop (Proiect 2021-91) Storm Isaias caused a tree to fall on the parks building in Memorial Park and caused significant damage. The sign shop located on the second floor was relocated and is currently in a temporary trailer in the Highway yard. Insurance will be reimbursing the Town approximately $110k. Park equipment is stored and repaired in the lower level. The building is in very poor condition and will need a major renovation or reconstruction. A budget amendment for the current estimate is recommended so that expenses such as surveys and design can begin. It is anticipated that construction funds will be needed in 2023. Page 121 of 145 REQUESTED ACTION: It is recommended that the Town Board approve the following 2022 capital budget amendments: Page 122 of 145 2022 CAPITAL BUDGET AMENDMENTS Item # CAPITAL FUND (FUND H): Amount 1 Expense Purchase Booster Pump Station H.8340.0400.1373.12 Increase $ 86,000.00 Revenue Transfer from Water Fund H.0000.5038.1373.12 Increase 86,000.00 2 Expense Pry erManor Bridge H.5120.0400.2017.54 Decrease $ 29,467.54 Expense Transfer to General Fund H.9900.9901.2017.54 Increase 29,467.54 3 Expense Town Center Improvements H. 1620.0400.2019.14 Decrease (8,875.00) Expense Transfer to General Fund H.9900.9901.2019.14 Increase 8,875.00 4 Expense Town Center Improvements H.6772.0400.2019.58 Decrease (6,308.88) Expense Transfer to General Fund H.9900.9901.2019.58 Increase 6,308.88 5 Expense E. Hickory Grove Sidewalks H.5110.0400.2019.64 Decrease (101,265.65) Expense Transfer to Debt Fund H.9900.9980.2019.64 Increase 101,265.65 6 Revenue Fed Funds- CDBG Funds H.0000.4997.2020.58 Decrease (124,000.00) Revenue Serial Bonds H.0000.5710.2020.58 Decrease (124,000.00) Revenue Fed Funds- Comm Dev H.0000.4989.2020.58 Increase 308,000.00 Expense Senior Center Improvs H.6772.0400.2020.58 Increase 60,000.00 Item # GENERAL FUND (FUND A) Amount 2 Revenue Transfers from Capital A.0000.5040 Increase 29,467.54 Revenue Appropriated Fund Balance A.0000.5995 Decrease (29,467.54) 3 Revenue Transfers from Capital A.0000.5040 Increase 8,875.00 Revenue Appropriated Fund Balance A.0000.5995 Decrease (8,875.00) 4 Revenue Transfers from Capital A.0000.5040 Increase 6,308.88 Revenue Appropriated Fund Balance A.0000.5995 Decrease (6,308.88) Item # DEBT FUND (FUND V) Amount 5 Revenue Transfers from Capital V.0000.5040 Increase 101,265.65 Revenue Appropriated Fund Balance V.0000.5995 Decrease (101,265.65) Item # WATER FUND (FUND SW) Amount 1 Revenue Transfers to Capital SW.9900.9950 Increase 86,000.00 Revenue Appropriated Fund Balance SW.0000.5995 Increase 86,000.00 Page 122 of 145 2022 CAPITAL BUDGET AMENDMENTS Item # CAPITAL FUND (FUND H): Serial Bonds -Security Cameras H.0000.5710.2022.94 7 Revenue SerialBonds- Vehicles H.0000.5710.2020.06 Increase Revenue SerialBonds- Vehicles H.0000.5710.2020.72 Increase Expense Highway Vehicles H.5110.0400.2020.06 Increase Expense IT Vehicles H. 1680.0400.2020.72 Increase Expense Comm Svices Vehicles H.6772.0400.2020.72 Increase Expense Highway Vehicles H.5110.0400.2020.72 Increase 8 Revenue Serial Bonds -Security Cameras H.0000.5710.2022.94 Decrease Revenue Transfer from General Fund H.0000.5031.2022.94 Increase 9 Revenue Serial Bonds -Servers/laptops H.0000.5710.2020.20 Decrease Revenue Transfer from General Fund H.0000.5031.2020.20 Increase 10 Revenue Serial Bonds -Servers/laptops H.0000.5710.2021.20 Decrease Revenue Transfer from Part Town Fund H.0000.5032.2021.20 Increase Expense Mobile Comp Equipment H.3120.0400.2021.20 Increase 11 Revenue Serial Bonds -LVAC H.0000.5710.2019.59 Decrease Revenue Transfer from Ambulance H.0000.5039.2019.59 Increase 12 Expense Transfer to Highway Fund H.9900.9940.2020.75 Increase Expense Pavement Evaluation H.5110.0400.2020.75 Decrease Item # GENERAL FUND (FUND A) 8 Expense Transfer to Capital A.9900.9950 Increase Expense Contingency A.1900.4050 Decrease 9 Expense Transfer to Capital A.9900.9950 Increase Expense Contingency A.1900.4050 Decrease Item # PART TOWN (FUND B) 10 Expense Transfer to Capital B.9900.9950 Increase Expense Appropriated Fund Balance B.0000.5995 Increase Item # AMBULANCE (FUND SM) 11 Expense Transfer to Capital SM.9900.9950 Increase Expense Appropriated Fund Balance SM.0000.5995 Increase Item # HIGHWAY (FUND DB) 12 Expense Transfer from Capital D13.0000.5040 Increase Expense Appropriated Fund Balance D13.0000.5995 Decrease Amount $ 12,000.00 11,000.00 12,000.00 3,000.00 3,000.00 5,000.00 (60,000.00) 60,000.00 (51,000.00) 51,000.00 (65,000.00) 70,000.00 5,000.00 (48,110.00) 48,110.00 2,500.00 (2,500.00) Amount 60,000.00 (60,000.00) 51,000.00 (51,000.00) Amount 70,000.00 70,000.00 Amount 48,110.00 48,110.00 Amount 2,500.00 (2,500.00) Page 123 of 145 Page 124 of 145 2022 CAPITAL BUDGET AMENDMENTS Item # CAPITAL FUND (FUND H): Amount 13 Revenue Serial Bonds H.0000.5710.1364.12 Increase 16,855,000.00 Expense Rye Filtration Plant H.8340.0400.1364.12 Increase 16,700,000.00 Expense Bond Costs H.8340.4022.1364.12 Increase $ 155,000.00 14 Revenue Serial Bonds H.0000.5710.2020.14 Decrease (120,000.00) Expense Transfer from General Fund H.0000.5031.2020.14 Increase 120,000.00 15 Revenue Donations (Garden Club) H.0000.2705.2021.48 Increase 12,000.00 Revenue Federal Aid-CDBG H.0000.4089.2021.48 Increase 200,000.00 Revenue Transfer from General Fund H.0000.5031.2021.48 Increase 137,607.00 Expense Parking Lot Improvements H.6772.0400.2021.48 Increase 349,607.00 16 Revenue Serial Bonds H.0000.5710.2018.48 Decrease (445,300.00) Expense Transfer from Part Town Fund H.0000.5032.2018.48 Increase 445,300.00 17 Expense Sr Passenger Bus H.6772.0400.2020.22 Increase 1,950.28 Revenue Transfer from General Fund H.0000.5031.2020.22 Increase 1,950.28 18 Revenue Serial Bonds H.0000.5710.2020.58 Decrease (87,500.00) Revenue Transfer from General Fund H.0000.5031.2020.58 Increase 87,500.00 19 Revenue Serial Bonds H.0000.5710.2018.14 Increase 80,000.00 Expense Town Center Improvements - roofs H. 1620.0400.2018.14 Increase 80,000.00 20 Revenue Serial Bonds H.0000.5710.2021.91 Increase 900,000.00 Revenue Insurance Recovery H.0000.2680.2021.91 Increase 99,929.31 Expense Sign Shop Renovation H.5110.0400.2021.91 Increase 999,929.31 Item # GENERAL FUND (FUND A) Amount 14 Expense Transferto Capital A.9900.9950 Increase 120,000.00 Expense Appropriated Fund Balance A.0000.5995 Increase 120,000.00 15 Expense Transferto Capital A.9900.9950 Increase 137,607.00 Expense Appropriated Fund Balance A.0000.5995 Increase 137,607.00 18 Expense Transferto Capital A.9900.9950 Increase 87,500.00 Expense Appropriated Fund Balance A.0000.5995 Increase 87,500.00 17 Expense Transferto Capital A.9900.9950 Increase 1,950.28 Expense Contingency A.1900.4050 Decrease (1,950.28) Item # PART TOWN (FUND B) Amount 16 Expense Transferto Capital B.9900.9950 Increase 445,300.00 Expense Appropriated Fund Balance B.0000.5995 Increase 445,300.00 Page 124 of 145 o po 2 X 0 FOUNDED 1881 TOWN OF MAMARONECK OFFICE OF TOWN COMPTROLLER TO: SUPERVISOR AND TOWN BOARD MEMBERS FROM: TRACY YOGMAN- TOWN COMPTROLLER RE: FISCAL YEAR Q1 2022 OPERATING BUDGET REPORT DATE: MAY 4, 2022 The Town's financial performance for the first three months of the year is provided below by fund as compared to 2021 for the same period and includes an initial budget projection. All of the Town's programs are back up and running and are well attended as indicated by the increases in both revenues and expenses as compared to last year. The most significant revenues the Town relies upon are expected to meet or exceed budget that includes mortgage tax and sales tax. As inflation causes general prices to increase and home sales remain strong, we can anticipate continued increases. FINANCIAL SUMMARIES Overall, it is anticipated that fund balance of $2.9 million will be utilized in total as compared to the adjusted budget of $3.2 million. It is very early to project savings, but this year inflation will be a major factor in managing the Town's expenses. Fortunately, the 2022 budget was prepared with that in mind but the current inflation rate is climbing. Since it is early on in the fiscal year, you will note that projected expenses are at budget with some savings. Typically, the Town has significant cost savings as a result of conservative budget practices. The anticipated savings has not been projected as an offset to rising inflation. This will be refined as we move through the fiscal year. Fund balances will remain in compliance with the Town's fund balance policy with the exception of the Fire District and Garbage District. They will be monitored and will be replenished if needed in the 2023 budget. 1 Page 125 of 145 2021 SUMMARY ALL FUNDS YTD/ I Budget Y/Y Budgt Variance % % 100,000 112% 2022 100,000 81% 2% - 102% Adjusted Year -to -Date Year -to -Date Projected (40,000) - Budget @ 3/31/21 @ 3/31/22 @ 12/31/22 Revenues 107% 15% % of - 0% General Fund $ 912,665,723 $ 1,129,666 $ 1,269,928 $ 912,765,723 $ Part Town 52% 914,858,748 387,426 314,831 914,958,748 Housing Fund (1,108,051) 7,572,495 1,943,674 91,975,465 7,572,495 Highway 14,958,748 5,867,300 16,650 49,427 5,867,300 Fire Yes 4,442,400 2 61,941 4,442,400 Streetlighting - 274,900 - - 274,900 Ambulance 5,867,300 1,597,390 226,228 242,425 91,597,390 Garbage Yes 2,458,803 (20) - 2,458,803 Sewer (4,133) 673,000 - - 673,000 Water 274,900 664,107 119 149 664,107 Total Revenues $ 51,074,866 $ 3,703,745 $ 3,914,166 $ 51,274,866 $ $ (162,240) 518,000 29% Yes Expenses 300,601 2,458,803 2,458,803 $ - General Fund $ 914,111,381 $ 2,508,267 $ 2,403,627 $ 13,873,774 Part Town $ 916,085,528 3,264,120 3,575,530 916,085,528 Housing Fund 1,559,823 7,572,495 1,862,676 91,890,623 7,572,495 Highway 107%1 5,907,951 1,744,428 91,654,930 5,907,951 Fire 4,486,533 1,131,752 91,114,253 4,446,533 Streetlighting 274,900 48,204 34,777 274,900 Ambulance 1,759,630 412,990 415,806 1,759,630 Garbage 2,458,803 603,967 608,693 2,458,803 Sewer 675,840 116,112 59,120 675,840 Water 1,074,507 217,621 237,225 1,074,507 Total Expenses $ 54,407,568 $ 11,910,137 $ 11,994,584 $ 54,129,9691 $ Use of Fund Balanc $ (3,332,702) $ (8,206,392) $ (8,080,418) $ (2,855,095) $ YTD/ I Budget Y/Y Budgt Variance % % 100,000 112% 10% 100,000 81% 2% - 102% 26% 297% 1% (40,000) - 1% - 0% Projected 107% 15% % of - 0% 1/1/2022 - 0% - 125% 0% 200,000 52% 8% (237,607) 96% 17% 110% 22% 102% 25% 95% 28% (40,000) 98% 25% 72% 13% Projected 101% 24% % of 101% 25% 1/1/2022 51% 9% 109% 22% (277,607) 101% 22% (77,607) $ 12,765,723 $ 13,873,774 2 Page 126 of 145 Projected Fund Balances Unrestricted Projected Fund Fund Balance @ Projected Projected Projected Net Balance @ % of FB Policy FUND 1/1/2022 Revenue Expenses Results 12/31/22 Appr Compliant General Fund $ 7,659,162 $ 12,765,723 $ 13,873,774 $ (1,108,051) $ 6,551,111 47% Yes Part Town 6,645,781 14,958,748 16,085,528 $ (1,126,780) 5,519,001 34% Yes Housing 883,454 7,572,495 7,572,495 $ - 883,454 12% n/a Highway 983,692 5,867,300 5,907,951 $ (40,651) 943,041 16% Yes Fire 553,676 4,442,400 4,446,533 $ (4,133) 549,543 12% No Streetlighting 137,688 274,900 274,900 $ - 137,688 50% Yes Ambulance 680,240 1,597,390 1,759,630 $ (162,240) 518,000 29% Yes Garbage 300,601 2,458,803 2,458,803 $ - 300,601 12% No Sewer 173,902 673,000 675,840 $ (2,840) 171,062 25% Yes Water 1,559,823 664,107 1,074,507 $ (410,400) 1,149,423 107%1 Yes Total Revenues $ 19,578,019 $ 51,274,866 $ 54,129,961 $ (2,855,095) $ 16,722,924 31% 2 Page 126 of 145 REVENUES In total, revenues are collectively 6% higher in 2022 than 2021 for the first three months of the fiscal year. It is anticipated that revenues will be slightly higher than $51.0 million budget by $200k or .3%. It is early in the fiscal year and projections will be updated quarterly. Tax Collection The 2022 Town & County tax collection began on April 1st and collection is slightly below the same period last year. The Town has collected 99.6% of the 2021 Town & County levy as of today. Mort1!a1!e Tax Mortgage tax is based on an October- September fiscal year and is paid semi-annually in June and December of each year. The County Clerk has reported that the Town's mortgage tax for the first half (October 2021 - March 2022) is $850k as compared to the same period in 2021 of $884k. This is a 3.8% decline and represents 53% of the $1.6m budget. Overall, if the trend continues, it is estimated that revenue will exceed the budget by $100,000. Sales Tax Sales Tax is based on a calendar year and payments are made quarterly beginning in May 2022. The first quarter sales tax of $787k is 3% higher in 2022 as compared to the same quarter in 2021. If trends continue, it is projected that sales tax will exceed the $3.Om budget by $100,000. Recreation Income The recreation programs have been well attended and revenues are anticipated to meet or exceed the budget. EXPENSES As discussed above, since the inflation is expected to increase, expenses are projected at budget for the most part with some savings for a few vacant positions. The Capital Budget has been reviewed and the funding sources of projects totaling $1.0 million will now be funded through the use of fund balance savings interest expense. Budget amendments have been included in the packet and have been reflected in the projections. 3 Page 127 of 145 ■ Town of Mamaroneck }rf Town Center 740 West Boston Post Road, Mamaroneck, NY 10543-3353 Tracy Yogman TO: SUPERVISOR AND TOWN BOARD MEMBERS FROM: TRACY YOGMAN- TOWN COMPTROLLER RE: FISCAL YEAR Q1 2022 CAPITAL BUDGET REPORT DATE: MAY 4, 2022 TEL: 914.381.7851 FAX: 914.381.7809 A review of the status of capital projects is something we do with the Town Board on a quarterly basis. The attached report is a complete listing of all open capital projects. The listing has been divided by category of capital projects. Below are the project budget totals for each category and the percentage of the total for each. In total there are $57.5 million of open projects of which the Town has expended $21.8 or 38% of the total value of the open projects. For each project we have listed the original project budget, expenditures and encumbrances to date and the unexpended balance. There is also a brief status provided for each project. 1 Page 128 of 145 BUDGET % • Information Technology $1,474,224 2.6% • Other Projects 960,835 1.7 • Recreation Facilities 3,705,777 6.4 • Roadway and Highway 10,261,995 17.9 • Sanitary Sewer 5,954,318 10.4 • Storm Drainage 50,000 - • Town Building Improvements 9,028,419 15.8 • Vehicles and Equipment 4,204,525 7.3 • Water System Improvements 21,536,526 37.9 Total $57,176,620 100.0% In total there are $57.5 million of open projects of which the Town has expended $21.8 or 38% of the total value of the open projects. For each project we have listed the original project budget, expenditures and encumbrances to date and the unexpended balance. There is also a brief status provided for each project. 1 Page 128 of 145 As you review the list you will note in the comments that some of the projects listed are either completed or close to completion. The project remains on the list because there are funds remaining in the project budget. Our options going forward are either to close out the project, by either transferring unexpended bond funds to the debt fund, return funds to surplus, or expend the funds on a related expense for the original project. We have also reviewed the funding sources of the projects and have determined that fund balances are sufficient to fund many of the projects that were initially anticipated to be bonded. As a result, capital project budget amendments totaling $1 million to adjust the funding source from bonding to fund balance have been recommended in the packet. Using fund balance rather than issuing debt will save approximately $250k in interest over the life of a bond at low interest rates. The fund balances will remain in compliance as indicated in the 2022 Operating Budget Report. A schedule of projects that will be bonded in 2022 is provided for your review. If the Town Board agrees to these projects, bond counsel will prepare bond resolutions for adoption at the next Town Board meeting. 2 Page 129 of 145 LO O O M a) 0) Co 0- r_ N N zT O l0 O C C -4 M ++ N c -I l0 N O M M V�1 CG 2\ 0 r4 7 O v O O O O O O O O O O O O O O O N O O O O 00 O O O O O O O O O O O M zT O M O O O O O Ln O O O O N O 'O O L!1 M L!1 00 Il 00 N L!1 c -I 00 L!1 O L!1 c -I N r+ N ci Ln O ci M Ln 00 Il Ln Il ci Il Ln Ol ci N 3 l0 ci N zT Il l0 00 ci N � N O [O O O O O O O O O O O O O O O O N 'A O O O O 00 O O O O O O O O O O O O M O M O O O O O Ln O O O O N OL!1 M L!1 00 I� 00 N L!1 c -I 00 L!1 O L!1 M N ci Ln O ci M Ln 00 Il Ln Il -i Il Ln Ol ci O l0 ci N zT Il l0 00 zT N N N 00 V N O l00 a r4 C r4 Q0 00 C N l0 M O m ate+ p a�I 7 kn O cu O O O O O O O O O O O O O O O O O O O O O O l0 O O O O O O O O O O O W O O M � O lc O O O O O O L!1 O O O O U O 00 Ln M Ln Ln O Il 00 N Ln ci 00 Ln O Ln M W (J O O ci l0 zT N Ln ci O N ci zT Ol 0) O 0) Ln 00 Il Ln Il ci l0 Il Ln Ol 00 ci zT H Co a Co 'E .N O > O E ai a � ai o v � — v p o C n3 Ln i ai m N E aj t L w O C 7 O C aJ = W 'y n3 W �"' M Yk N K > n3 " > Y U o _ ` C7 a C_ p O Y J 41 Q O E LU p O_ 0p C Ll M (n Q L p u E ai w N •� Y E O Y w — 00 K t J 6 i L a C a1 a1 z a1 >' U > (n � w a W C vii 4J u 0C.0 u u •Ll `° E ai u u aE COJ g cn aa) in 06 Ln u v C a v ro OL N to u ro a) uai Y w E w a) O_ -a EC J O a) > N a Y or E LL O > i ° O_ v� aJ ~ Q a O w E E N � U 'O - w O O m aJ � O o i > w O O_ aJ u c K w aJ w c C i Q p E m O LL U J > > Q aJ L C cL aJ u F ai cb 'N C N p S p w >� ca Y ca n3 r-+ C Q o U u O A N ~ Q > 3 U (IjY QCL 3 E > � > Q u O - v (Ii 'O (Ii O � Q' (Ii O O O v C 0 ca F cB 4! > 0 a! 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ZEEEEE ^ ) ) ) ) ) § § § § § \ \ § § § § § § § § § § § § \ § § § § F . \ \ ® E- ! — |15 E | _ _ ) ) ) ) / 16 \ M. § --F ( ( ( ( ( ( ( ( (\ ( \ ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( \ 2 } § � § � � - - \ \ § \ ) ! { 2 a \ i| §! |§ ! - � \ N. ! | | | | | | | | | | | | ! ! ! ! ! ! ! ! ! ! ! ! ! ° ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ! o o E k � # § \ � - | | § ! | ! B ! ! | § � 4 4 \ ( \ ( ( ( ( ( 4 4 The Town of Mamaroneck WANTS YOUR INPUT.' Together Our Mamaroneck Our Town, Our Future The Town of Mamaroneck is updating its comprehensive plan. Over the next several months, the Town, TOGETHER, with input from local residents through public workshops and events will identify goals and strategies for the future of OUR MAMARONECK. The Plan will provide a blueprint for future growth and preservation of the T.O.M. C:nma ni d fn wnica vni it fhni inhtc Join us at one of the following locations on May 4TH 4:00 w, 6:00 PM Washington Square Neighborhood Association Pop -Up Listening Session 14 N. Chatsworth Patio. Enter on N. Chatsworth btw 14-16. May 24TH 10:00 —11 :OOAM Mamaroneck Senior Center 1:30 - 3:30 PM Weaver Street Fire House %:00 - 9:00 PM Hommocks Park Ice Rink age 0 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: May 4, 2022 SUBJECT: Fire Claims ATTACHMENTS: Fire Claims May 4 2022 Page 139 of 145 Town of Mamaroneck From: Re: Date: Tracy Yogman - Town Comptroller Fire Claims May 4, 2022 The following Town of Mamaroneck Fire Department claims have been certified by Chief Shaun Hughes and submitted to the Comptroller's Office for payment: VENDOR DESCRIPTION Hydrotest only- recharge oxygen (3), Air Compressor System AAA Emergency Supply Co., Inc service call Amazon.Com Alarm system repairs, tools, career staff uniform High Density Fog Mix for Monthly and Fast Drill, (2) wireless Amazon.Com keyboards for Alarm Room computers and Energizer batteries Fire -End and Croker Firefighter white helmet - Rapp Hand wash pot/pan cleaner, ground protection mat, stencil number Grainger & letter kit, cigarette lighter adapter Home Depot Tools, Hot Shot insect spray, silicon caulk, 5/8" 100ft water hose Home Depot Napolitano, Keith Optimum Precision Plumbing & Heating Signs Plus Target Solutions Learning Town of Mam'k PFF Town of Mam'k Fire Dept. UniFirst Corporation Verizon Visual Computer Solutions, Inc WJWW Paint and paint supplies, landscaping supplies Reimb. mileage to Montour falls for Fire Officer 2 Class Cable Services for 4/23-5/22/22 Amount $ 1,267.50 579.46 483.74 278.98 153.73 96.57 194.28 278.46 271.05 Troubleshoot hot water in showers, basement, kitchen and laundry 225.00 Date Change to Open House Banner 20.00 TS Premier Membership and Maintenance fee for Online Training 1,924.55 Life Insurance for Career Staff - January -March 2022 770.29 Food for Monthly Drill - 4/19, Extrication Drill 4/21, supplies for TMFD Open House (Recruitment & Fire Prevention Event) 4/23/22 626.17 Cleaning supplies 4/15, 4/22/22 325.67 Fire HQ service 4/10-5/9/22 267.99 VCS Fire Dept. Software 1 Year Renewal, Automation Module, EDB, Payroll Export Module 1,294.71 205 Weaver St charges 2/24-3/25/22 96.52 Total $ 9,154.67 Page 140 of 145 TOWN OF MAMARONECK FIRE DEPARTMENT OFFICE OF THE CHIEF To: Board of Fire Commissioners From: Chief Shaun Hughes Date: May 2, 2022 T M WEAVER VSTREET LF D, Re: Fire Report for the Month of April 2022 Headquarters 205 WEAVER STREET LARCH MONT, NEW YORK 10538 834-2100 EMERGENCY 834-2101 - NON EMERGENCY 834-2438 CHIEF'S OFFICE 834-0922 - FAX WWW.TMFD.ORG The following report outlines response to calls made during the month of April 2022. 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 25 Minors 18 Stills 2 Out of Town Mutual A 1 d) 0 EMS 41 Drills 3 TOTAL 89 Total number of personnel responding Total time working: Respectfully Submitted, Chief Shaun Hughes 463 32 hours and 1 minutes Incident Type Count Report Date Range: From 4/1/2022 To 4/30/2022 Selected Station(s): All Incident Tvpe Description Count Station: 311 - Medical assist, assist EMS crew 1 l . l o Total - Rescue & Emergency Medical Service Incidents 1 100.001% Total for Station Station: EMS 321 - EMS call, excluding vehicle accident with injury 41 47.13°'o Total - Rescue & Emergency Medical Service Incidents 41 100.00% Total for Station Station: HO 142 - Brush, or brush and grass mixture fire Total- Fires 41 47.13% 1 1.15% 1 2.33% 322F - Vehicle accident with injuries 6 6.90% 324F - Motor vehicle accident with no injuries 1 1.15% 353F - Removal of victim(s) from stalled elevator 2 2.30% Total - Rescue & Emergency Medical Service Incidents 9 20.93% 410 - Flammable gas or liquid condition, other 412 - Gas leak (natural gas or LPG) Total - Hazardous Conditions (No fire) 511 - Lock -out 520 - Water problem, other 551 - Assist police or other governmental agency Total - Service Call 651 - Smoke scare, odor of smoke Total - Good Intent Call 700 - False alarm or false call, other 736 - CO detector activation due to malfunction 740 - Unintentional transmission of alarm, other 743 - Smoke detector activation, no fire - unintentional 745 - Alarm system sounded, no fire - unintentional 746 - Carbon monoxide detector activation, no CO Total - Fals Alarm & False Call Total for Station Station: STIL 553 - Public service Total - Service Call 743 - Smoke detector activation, no fire - unintentional Total - Fals Alarm & False Call Total for Station 1 1.15% 3 3.45% 4 9.30% 1 1.15% 1 1.15% 1 1.15% 3 6.98% 1 1.15% 1 2.33% 1 1.15% 5 5.75% 2 2.30% 6 6.90% 10 11.49% 1 1.15% 25 58.14% 43 49.43% 1 1.15% 1 50.00% 1 1.15% 1 50.00% 2 2.30% 87 100.00% Page 1 of 1 Printed 05/02/2022 07:16:17 THIS DOCUMENT IS LOCATED IN THE WORK SESSION - COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") - NEW HARMON DRIVE SIDEWALK IMPROVEMENTS Page 141 of 145 THIS DOCUMENT IS LOCATED IN THE WORK SESSION - COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") - SENIOR CENTER IMPROVEMENTS Page 142 of 145 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: May 4, 2022 Adoption - Revised Sustainable Westchester Memorandum of Understanding for SUBJECT: Participation in the Short -Term Westchester Power Extension Contract for Communities in the Con Edison Service Territory ATTACHMENTS: THIS DOCUMENT IS LOCATED IN THE WORK SESSION —ADOPTION — REVISED SUSTAINABLE WESTCHESTER MEMORANDUM OF UNDERSTANDING FOR PARTICIPATION IN THE SHORT -T Page 143 of 145 THIS DOCUMENT IS LOCATED IN THE WORK SESSION - ADOPTION - REVISED SUSTAINABLE WESTCHESTER MEMORANDUM OF UNDERSTANDING FOR PARTICIPATION IN THE SHORT- TERM WESTCHESTER POWER EXTENSION CONTRACT FOR COMMUNITIES IN THE CON EDISON SERVICE TERRITORY Page 144 of 145 Town of Mamaroneck Town Center 740 West Boston Post Road, Mamaroneck NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TO: Town Board FROM: DATE: May 4, 2022 SUBJECT: Certiorari ATTACHMENTS: 1. Certiorari 333 Mamaroneck Avenue 2. 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