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HomeMy WebLinkAbout2024_09_30 Town Board Meeting Packet IN w � FOUNDED 1661 Town of Mamaroneck Town Board Agenda Monday, September 30, 2024 All Work Sessions and Regular Meetings are open to the public. Page 5:00 PM THE TOWN BOARD WORK SESSION The Work Session will convene in Conference Room A located on the Second Floor at the Town Center. CALL TO ORDER WORK SESSION ITEMS 1. Discussion - 2024 Capital Budget Amendments 4 - 7 2024 Capital Budget Amendments - Pdf 2. Discussion - 2024 Operating Budget Amendments 8 - 11 2024 Operating Budget Amendments - Pdf 3. Discussion - Town of Mamaroneck Fund Balance Policy Update 12 - 14 Town of Mamaroneck Fund Balance Policy Update - Pdf 4. Discussion - Authorization for Audit Services Contract - EFPR Group, CPAs 15 - 35 Authorization for Audit Services Contract - EFPR Group, CPAs - Pdf 5. Discussion - 2024 Declaration & Sale of Surplus Vehicles 36 - 38 2024 Declaration & Sale of Surplus Vehicles - Pdf 6. Discussion - Speed Humps on Colonial Avenue 39 - 41 Speed Humps on Colonial Avenue - Pdf 7. Discussion - 2024-2025 Leaf Disposal Agreement 42 - 44 2024-2025 Leaf Disposal Agreement - Pdf 8. Discussion - Revision to "Limitations of Parking Boat Trailers on Public 45 - 47 Highways" Law Revision to "Limitations of Parking Boat Trailers on Public Highways" Law - Pdf 9. Discussion - Authorization of Amended Federal Aid Project Agreement - 48 - 83 Weaver Street Sidewalk Extension Authorization of Amended Federal Aid Project Agreement - Weaver Street Sidewalk Extension - Pdf 10. Discussion - Standard Work Day and Reporting Resolution for Councilmember 84 - 87 Nambiar Standard Work Day and Reporting Resolution for Elected and Appointed Officials - Pdf Page 1 of 184 11. Request for Executive Session 12. Additions to Regular Meeting Agenda 13. Updates 8:00 PM TOWN BOARD REGULAR MEETING The Town Board meeting will convene in the Courtroom Located on the second floor of the Town Center. The Public is able to view the meeting on cable access television (Optimum 76/ Fios 35) or on LMCMedia.org CALL TO ORDER SUPERVISOR'S REPORT PUBLIC HEARING(S) 1. Notice of Public Hearing RESIDENT COMMENTS STAFF COMMENTS/ PRESENTATIONS BOARD OF FIRE COMMISSIONERS 1. Call to Order 2. Fire Claims 88 - 90 Fire Claims 9-24-24 - Pdf 3. Fire Report 4. Other Fire Department Business AFFAIRS OF THE TOWN OF MAMARONECK 1. Consideration of Approval - 2024 Capital Budget Amendments 91 - 94 2024 Capital Budget Amendments - Pdf 2. Consideration of Approval - 2024 Operating Budget Amendments 95 - 98 2024 Operating Budget Amendments - Pdf 3. Consideration of Approval -Authorization for Audit Services Contract - EFPR 99 - 119 Group, CPAs Authorization for Audit Services Contract - EFPR Group, CPAs - Pdf 4. Consideration of Approval - 2024 Declaration & Sale of Surplus Vehicles 120 - 122 2024 Declaration & Sale of Surplus Vehicles - Pdf 5. Consideration of Approval - Speed Humps on Colonial Avenue 123 - 125 Speed Humps on Colonial Avenue - Pdf 6. Consideration of Approval - 2024-2025 Leaf Disposal Agreement 126 - 128 2024-2025 Leaf Disposal Agreement - Pdf 7. Consideration to Set a Public Hearing - Revision to "Limitations of Parking 129 - 131 Boat Trailers on Public Highways" Law Revision to "Limitations of Parking Boat Trailers on Public Highways" Law - Pdf 8. Consideration of Approval - Authorization of Amended Federal Aid Project 132 - 167 Agreement - Weaver Street Sidewalk Extension Authorization of Amended Federal Aid Project Agreement - Weaver Street Page 2 of 184 Sidewalk Extension - Pdf 9. Consideration of Approval - Standard Work Day and Reporting Resolution for 168 - 171 Councilmember Nambiar Standard Work Day and Reporting Resolution for Elected and Appointed Officials - Pdf 10. Consideration of Approval - Salary Authorization A 11. Consideration of Approval - Certiorari REPORTS OF MINUTES 1. Reports of Minutes 172 - 184 Report of Minutes September 18, 2024 & August 26, 2024 - Pdf REPORTS OF THE COUNCIL TOWN CLERK'S REPORT TOWN ATTORNEY'S REPORT ADJOURNMENT REGULARLY SCHEDULED MEETING - October 16, 2024 Any physically handicapped person needing special assistance in order to attend the meeting should contact the Town Administrator's office at 381-7810. Page 3 of 184 m Town of Mamaroneck X Town Center FOUNDED 1661 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 CC: Tracy Yogman, Town Comptroller Re: 2024 Capital Budget Amendments Date: September 30, 2024 Attached please find a memo from Tracy Yogman, Town Comptroller, regarding 2024 Capital Budget Amendments. Action Requested: Resolved that the Town Board hereby authorizes the Comptroller to make the necessary budget amendments, as presented. Page 4 of 184 u_r "v t1; n Town of Mamaroneck Comptroller, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Date: September 30, 2024 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: 2024 Capital Budget Amendments General: In compliance with the Budget Policy, the following 2024 capital budget amendments are recommended for approval. 1-Police Evidence Locker (H3186) Funding for a shed to store police evidence is available in the capital budget. A new pass- through evidence locker will be installed in the Police Dept rather than utilizing an outside shed. Additional funding is needed to complete the project. A budget amendment to transfer savings from Part Town operating funds is recommended below. 2- Country Lane Water Main (H1395) This project was completed and has a small remaining balance. A budget amendment to return the funds to the Water Fund is recommended below. 3. East Valley Stream Bridge BAN (H5092) In 2023, the Town issued a Bond Anticipation Note (BAN)while waiting for EMA funding to be awarded. The Town received FEMA funds for approximately 97% of the cost of the project. As a result, the Town paid off the $480,000 BAN in full in September 2024. A budget amendment is recommended below to transfer the funds from the Capital Fund to the General Fund for the payment. 4. Message Boards/Light Tower (H5185) A small balance is remaining from the purchase of message boards/light towers funded with American Rescue Plans funds.. A budget amendment is recommended below to transfer the balance to the Town Center Generator. Page 5 of 184 Attachment/s: 2024 CAPITAL BUDGET AMENDMENTS - September 30, 2024 Page 6 of 184 Q3 2024 CAPITAL BUDGET AMENDMENTS CAPITAL FUND (FUND H) 1 Expense H3186-0400 Evidence Locker Increase 18,000.00 Revenue H3186-5032 Transfer from B(H3186) Increase (18,000.00) Expense H3186-0400 Evidence Locker Increase 12,000.00 Expense H3186-0400 Police-Shed Decrease (12,000.00) 2 Expense H1395-0400 Country Lane Water Main Decrease (208.69) Expense H1395-9904 Transfer to Water (H1395) Increase 208.69 3 Expense H5092-9901 TransfertoA Increase 480,000.00 Revenue H5092-5731 Debt extinguished Increase 480,000.00 4 Expense H5185-0400 Message Boards/Light tower Decrease (141.12) Revenue H5185-5995 Appropriated Fund Balance Increase 141.12 Expense H1603-0400 Town Center Generator Increase 141.12 Revenue H1603-5995 Appropriated Fund Balance Increase 141.12 PART TOWN (FUND B) 1 Expense B9900-9950 Transfer to Capital (H3186) Increase 18,000.00 Expense B3120-2122 Radios& Pagers Decrease (17,000.00) Expense B3120-4017 Seminars/Conferences Decrease (1,000.00) WATER FUND (FUND SW) 2 Expense SW9900-5040 Transfer from Capital (H1395) Increase 208.69 Expense SW9900-5995 Appropriated Fund Balance (H139 Decrease (208.69) Page 7 of 184 m Town of Mamaroneck X Town Center FOUNDED 1661 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: 2024 Operating Budget Amendments Date: September 30, 2024 Attached please find a memo from Tracy Yogman, Town Comptroller, regarding 2024 Operating Budget amendments. Action Requested: Resolved that the Town Board hereby authorizes the Comptroller to make the necessary budget amendments, as presented. Page 8 of 184 u_r "v t; rn Town of Mamaroneck Comptroller, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Date: September 30, 2024 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: 2024 Operating Budget Amendments General: In compliance with the Budget Policy the following 2024 Operating Budget amendments are recommended for approval as they increase appropriations. 1.Assistant Skate Director Position (Fund A) The new Skate Director at the Ice rink cannot fulfill the total number of hours required. Two assistant skate director positions will be added to the budget to fulfill the schedule. A total of 40 hrs for the remainder of 2024 will be transferred to the two new Assistant Skate Director positions at$30/hr. 2. Police Ammunition (B3120-4195) A large increase in the cost of ammunition is expected when the NYS contract for the when the contract is renewed in October 2024. The 2025 annual purchase of ammunition will be made in 2024 prior to the renewal so that the Town can purchase at the lower cost. As a result, the 2025 police budget will not include funding for ammunition. A budget amendment to transfer funds is recommended below for the purchase. 3. General Fund (Various) Budget transfers for various accounts are needed as a result of the Q3 review. The most significant includes additional funding for property appraisals, seasonal salaries for the camp program and payment of the BAN that was not needed for the East Valley Stream Bridge. A budget amendment is recommended below for these items. 4. Special Duty(B3120-1529) Police special duty has exceeded the original budget and as a result a budget amendment is recommended to increase the expense and the associated revenue. Page 9 of 184 Attachment/s: 2024 OPERATING BUDGET AMENDMENTS - September 30, 2024 Page 10 of 184 Q3 2024 OPERATING BUDGET AMENDMENTS GENERAL FUND(FUND A) 1 Expense A7265-1021 Assistant Skate Director- Rec Super Increase 1,200.00 Expense A7265-1021 Skate Director- Rec Super Decrease (1,200.00) 3 Expense A1355-4108 Appraiser Increase 15,100.00 Expense A1450-4130 Election Fees-Westchester County Increase 3,024.00 Expense A1900-4050 Contingency Increase 49,872.25 Expense A7265-4276 Rink Security Increase 12,032.50 Expense A7310-1021 Youth Programs-Seasonal Increase 15,971.25 Expense A9730-6000 Prinicpal- BAN Increase 384,000.00 Revenue A9000-5040 Transfer from H-BAN Increase 480,000.00 PART TOWN FUND(FUND B) 2 Expense B3120-4195 Amunition Increase 14,000.00 Expense B1900-4050 Contingnecy Decrease (14,000.00) 4 Expense B3120-1029 Police-Special Duty Overtime Increase 25,000.00 Revenue B3120-1529 Police-Special Duty Revenue Increase 25,000.00 Page 11 of 184 m Town of Mamaroneck X Town Center FOUNDED 1661 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 CC: Tracy Yogman, Town Comptroller Re: Town of Mamaroneck Fund Balance Policy Update Date: September 30, 2024 As a follow up to the Town's recent Moody's bond rating, Tracy and I reviewed the Town's Fund Balance policy. The changes we are recommending follow the guidance offered by Moody's and our financial advisor, Capital Markets Advisors. Although I can't promise the outcome, these changes would support the Town's ability to maintain its AAA bond rating. Action Requested: For discussion purposes, only, at this time. Attachment/s: FUND BALANCE POLICY-UPDATED 9-24-24 Page 12 of 184 TOWN OF MAMARONECK FINANCIAL POLICIES FUND BALANCE POLICY Updated 9-24-24 Purpose: The Town of Mamaroneck, in order to address the implications of Government Accounting Standards Board (GASB) Statement No. 54, Fund Balance Reporting adopted a Fund Balance Policy to consider the implications of unanticipated events that could adversely impact the Town's financial condition and the continuation of municipal services. The policy establishes the framework to maintain adequate fund balances and cash reserves to: • Provide sufficient cash flow for daily financial needs and commitments • Protect and maintain investment downturns or revenue shortfalls • Offset significant economic downturns or revenue shortfalls • Provide funds for unanticipated expenditures and events related to emergencies Minimum Unassigned Fund Balances: The Town will endeavor to maintain a minimum of unassigned fund balance in its General Fund, Highway Fund and Special District Funds of 35% of the annual budgeted revenue. The minimum fund balance is to protect against cash flow shortfalls related to the timing of projected revenue and to maintain a stable budget. Replenishing of Fund Balances: When fund balances fall below the minimum 35%, the Town will replenish the fund balances using various budget strategies including but not limited to the following: • Reduce recurring expenditures to eliminate the structural deficit • Increase taxes, fees for service or pursue alternate funding sources • Follow strategies that are a combination of the two alternatives To ensure the timely replenishment of fund balances in each of the budget funds, the following replenishment guidelines: • Should a fund balance fall below 35% of the annual revenue, such fund balance shall be replenished in the next fiscal year. TOWN OF MAMARONECK Page 13 of 184 FINANCIAL POLICIES FUND BALANCE POLICY Should unassigned fund balances in any Town fund exceed 45% of budgeted revenues, the Town will give consideration to using fund balance surpluses for the following priorities: 1. For one-time expenditures that are non-recurring in nature. 2. Capital expenditures such as equipment replacement, infrastructure improvements or repairs and facility improvements. 3. Offset recurring expenditures however this use of funds should be carefully evaluated to avoid future fund balance deficiencies. The use of surplus funds for this purpose should be considered where there is a reasonable expectation that the surplus funds can be replenished in the time periods specified by this policy. Page 14 of 184 7. ul 1 rri Town of Mamaroneck in # x Town Center FOUNDED 1661 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: Authorization for Audit Services Contract- EFPR Group, CPAs Date: September 30, 2024 Attached please find a memo from Town Comptroller, Tracy Yogman regarding the renewal of a 3 year contract from EFPR Group, CPAs for required auditing services. As you can see in Tracy's letter, the Town's experience with EFPR Group has been very positive. Action Requested: Resolved that the Town Board hereby awards the proposed contract to EFPR Group, CPAs for auditing services for 2024-2026 at a total cost of$153,000 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 15 of 184 6 us ri Town of Mamaroneck Comptroller, Town Center -OUNQED 16151 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 @townofmamaroneckNY.org Date: September 30, 2024 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: Authorization for Audit Services Contract- EFPR Group, CPAs General: EFPR Group ("EFPR") has performed the Town's annual audit for the last three years beginning with the 2021 audit in compliance with Government Auditing Standards. The audit includes The Town's Annual Financial Statement Audit, the Town Justice Court Audit and Federal and NYS DOT single audits, if needed. The Town Board authorized a three year contract that has expired with the 2023 audit. EFPR has performed each of the last three audits in a professional and expedient manner. They have been responsive to the Comptroller, has utilized the Town's new financial system to perform the audit and has met all required reporting deadlines. The audits have been efficient with a highly competent team of professionals. The firm has provided a report of the audit results directly to the Town Board each year and has responded to all questions and concerns. EFPR Group is located in Williamsville, NY, has over 175 governmental clients and employs 200 professionals with 41 partners/directors. The firm has confirmed their independence of the Town of Mamaroneck. The engagement partner will be Douglas E. Zimmerman who has over 34 years experience and is the partner for numerous municipal clients. Attached please find the price proposed by EFPR Group for each of the three years 2024- 2026 for a total of $153,000 or a $14,250 increase. The increase includes $9k over the next three years for the additional work needed to submit the audited financial statements for the annual Government Finance Officers Association Award. The balance of $5,250 is essentially a 3.25% increase. Attachment/s: Town of Mamaroneck 2024-2026 EFPR CPAs Auditing Services Proposal Page 16 of 184 �EFPRG 01.JRC3,6\5- 6390 Main Street,Suite 200 Williainsvilie_NY 14221. P 716.634.0700 TF 800.546,7556 F 716.634.0764 w EFPRgroup,com September 5,2024 Ms. Tracy Yogman, CPA Town Comptroller& Receiver of Taxes Town of Mamaroneck 740 West Boston Post Road Mamaroneck, New York 10543 Dear Tracy: We are providing a three year fee proposal to continue to provide audit and related services to Town of Mamaroneck (the Town). The EFPR Group, CPAs,PLLC considers the Town to be one of our premier clients and values the relationship that we have with your organization. As a sign of our desire to continue working with the Town, we propose the following fee structure for the three years ending December 31, 2024 through 2026: 2024 2025 2026 Financial statement audit $ 39,950 41,250 42,550 Federal and NYS DOT single audits, if required 5,000 5,000 5,000 Town Justice Court audit 1,750 1,750 1,750 ACFR preparation 3,000 3,000 3,000 Total $ 49,700 51,000 52,300 Should the above be agreeable to the Town, please sign the acceptance below and return a copy of this letter to our office. Very truly yours, EFPR GROUP, CP , PLLC Dou , Zimmerman, CPA P er Accepted by Town of Mamaroneck: Name Title Page 17 of 184 EFPRGRoURCPAs 6390 Main Street,Suite 200 Williamsville,NY 14221 P 716.634.0700 TF 800,546,7556 F 716.634.0764 W EFPRgroup.com September 5, 2024 Ms. Tracy Yogman, CPA Town Comptroller& Receiver of Taxes Town of Mamaroneck 740 West Boston Post Road Mamaroneck,New York 10543 Dear Tracy: Attached are our engagement letters to provide audit and related services to Town of Mamaroneck for the year ending December 31, 2024. If the terms of the letters are satisfactory to you, please sign the letters and email a copy of the signed letters to me at your convenience. Please call me if you have any questions. Very truly yours, EFPR GROUP, CPAs, PLLC e2 Douglas E. Zimmerman, CPA Partner DEZ:kms Enclosure Page 18 of 184 EFPRGROURCPAs 6390 Main Street,State 260 Willlarnsville,NY 14221 P 716.634 0700 rF 800.546.7556 F 716.634.0764 W FFPRgrnup corn September 5, 2024 Ms. Tracy Yogman, CPA Town Comptroller& Receiver of Taxes The Town Board Town of Mamaroneck 740 West Boston Post Road Mamaroneck,New York 10543 Dear Ms. Yogman: We are pleased to confirm our understanding of the services we are to provide for Town of Mamaroneck(the Town) for the year ending December 3I, 2024. Audit Scope and Objectives We will audit the financial statements of the governmental activities, the discretely presented component units, each major fund, and the aggregate remaining fund information, including the disclosures, which collectively comprise the basic financial statements, of the Town as of and for the year ending December 31, 2024. Accounting principles generally accepted in the United States of America (GAAP) provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to supplement the Town's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the Town's RSI in accordance with auditing standards generally accepted in the United States of America (GARS). These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient appropriate evidence to express an opinion or provide any assurance. The following RSI is required by GAAP and will be subjected to certain limited procedures,but will not be audited: 1) Management's Discussion and Analysis 2) Schedule of Revenue, Expenditures and Changes in Fund Balance - Budget to Actual Schedules 3) Schedule of Changes in the Town's Total OPEB Liability and Related Ratios 4) Schedule of Changes in the Town's LOSAP Liability and Related Ratios 5) Schedule of the Town's Proportionate Share of the Net Pension Asset/Liability 6) Schedule of the Town's Pension Contributions Page 19 of 184 Ms. Tracy Yogman, CPA September 5, 2024 Page 2 We have also been engaged to report on supplementary information other than RSI that accompanies the Town's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with GAAS, and we will provide an opinion on it in relation to the financial statements as a whole in a report combined with our auditors' report on the financial statements. 1) Schedule of Expenditures of Federal Awards 2) Combining Balance Sheet - Special Districts Fund 3) Combining Schedule of Revenue, Expenditures and Changes in Fund Balances - Special Districts Fund 4) Combining Balance Sheet -Nonmajor Governmental Funds 5) Combining Schedule of Revenue, Expenditures and Changes in Fund Balances - Nonmajor Governmental Funds 6) Project-Length Schedule - Capital Projects Fund In connection with our audit of the basic financial statements, we will read the following other information and consider whether a material inconsistency exists between the other information and the basic financial statements, or the other information otherwise appears to be materially misstated. If, based on the work performed, we conclude that an uncorrected material misstatement of the other information exists, we are required to describe it in our report. 1) The Introductory Section 2) The Statistical Section The objectives of our audit are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and issue an auditors' report that includes our opinions about whether your financial statements are fairly presented, in all material respects, in conformity with GAAP, and report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing Standards will always detect a material misstatement when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment of a reasonable user made based on the financial statements. The objectives also include reporting on: • Internal control over financial reporting and compliance with provisions of laws, regulations, contracts, and award agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards. Page 20 of 184 Ms. Tracy Yogman, CPA September 5, 2024 Page 3 • Internal control over compliance related to major programs and an opinion (or disclaimer of opinion) on compliance with federal statutes, regulations, and the terms and conditions of federal awards that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Auditors' Responsibilities for the Audit of the Financial Statements and Single Audit We will conduct our audit in accordance with GAAS; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of the Uniform Guidance, and will include tests of accounting records, a determination of major program(s) in accordance with Uniform Guidance, and other procedures we consider necessary to enable us to express such opinions. As part of an audit in accordance with GAAS and Government Auditing Standards, we exercise professional judgment and maintain professional skepticism throughout the audit. We will evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management. We will also evaluate the overall presentation of the financial statements, including the disclosures, and determine whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the Town or to acts by management or employees acting on behalf of the Town. Because the determination of waste and abuse is subjective, Government Auditing Standards do not expect auditors to perform specific procedures to detect waste or abuse in financial audits nor do they expect auditors to provide reasonable assurance of detecting waste or abuse. Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is an unavoidable risk that some material misstatements or noncompliance may not be detected by us, even though the audit is properly planned and performed in accordance with GAAS and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or on major programs. However, we will inform the appropriate level of management of any material errors, any fraudulent financial reporting, or misappropriation of assets that come to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. We will also conclude, based on the audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the Town's ability to continue as a going concern for a reasonable period of time. Page 21 of 184 Ms. Tracy Yogman, CPA September 5, 2024 Page 4 Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, tests of the physical existence of inventories, and direct confirmation of receivables and certain assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will also request written representations from your attorneys as part of the engagement. We have identified the following significant risks of material misstatement as part of our audit planning: • Management override of controls • Improper revenue recognition Note that planning has not concluded and modifications may be made. We may, from time to time and depending on the circumstances, use third-party service providers in serving your account. We may share confidential information about you with these service providers but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third-party service provider. Furthermore, we will remain responsible for the work provided by any such third-party service providers. Our audit of financial statements does not relieve you of your responsibilities. Audit Procedures—Internal Control We will obtain an understanding of the Town and its environment, including the system of internal control, sufficient to identify and assess the risks of material misstatement of the financial statements, whether due to error or fraud, and to design and perform audit procedures responsive to those risks and obtain evidence that is sufficient and appropriate to provide a basis for our opinions. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentation, or the override of internal control. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. Page 22 of 184 Ms. Tracy Yogman, CPA September 5, 2024 Page 5 As required by the Uniform Guidance, we will perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to the Uniform Guidance. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. Accordingly, we will express no such opinion. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards, Government Auditing Standards, and the Uniform Guidance. Audit Procedures—Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the Town's compliance with provisions of applicable laws, regulations, contracts, and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance, and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. The Uniform Guidance requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with federal statutes, regulations, and the terms and conditions of federal awards applicable to major programs. Our procedures will consist of tests of transactions and other applicable procedures described in the OMB Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the Town's major programs. For federal programs that are included in the Compliance Supplement, our compliance and internal control procedures will relate to the compliance requirements that the Compliance Supplement identifies as being subject to audit. The purpose of these procedures will be to express an opinion on the Town's compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to the Uniform Guidance. Responsibilities of Management for the Financial Statements and Single Audit Our audit will be conducted on the basis that you acknowledge and understand your responsibility for (1) designing, implementing, establishing, and maintaining effective internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, including internal controls over federal awards, and for evaluating and monitoring ongoing activities to help ensure that appropriate goals and objectives are met; (2) following laws and regulations; (3) ensuring that there is reasonable assurance that government programs are administered in compliance with compliance requirements; and (4) ensuring that management and financial information is reliable and properly reported. Management Page 23 of 184 Ms. Tracy Yogman, CPA September 5, 2024 Page 6 is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles; for the preparation and fair presentation of the financial statements, schedule of expenditures of federal awards, and all accompanying information in conformity with GAAP; and for compliance with applicable laws and regulations (including federal statutes), rules, and the provisions of contracts and grant agreements (including award agreements). Your responsibilities also include identifying significant contractor relationships in which the contractor has responsibility for program compliance and for the accuracy and completeness of that information. You are also responsible for making drafts of financial statements, schedule of expenditures of federal awards, all financial records, and related information available to us; for the accuracy and completeness of that information (including information from outside of the general and subsidiary ledgers); and for the evaluation of whether there are any conditions or events, considered in the aggregate, that raise substantial doubt about the Town's ability to continue as a going concern for the 12 months after the financial statements date or shortly thereafter (for example, within an additional three months if currently known). You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, such as records, documentation, identification of all related parties and all related-party relationships and transactions, and other matters; (2) access to personnel, accounts, books, records, supporting documentation, and other information as needed to perform an audit under the Uniform Guidance; (3) additional information that we may request for the purpose of the audit; and (4) unrestricted access to persons within the Town from whom we determine it necessary to obtain audit evidence. At the conclusion of our audit, we will require certain written representations from you about the financial statements; schedule of expenditures of federal awards; federal award programs; compliance with laws, regulations, contracts, and grant agreements; and related matters. Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements of each opinion unit taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the Town involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the Town received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the Town complies with applicable laws, regulations, contracts, agreements, and grants. You are also responsible for taking timely and Page 24 of 184 Ms. Tracy Yogman, CPA September 5, 2024 Page 7 appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts, and grant agreements that we report. Additionally, as required by the Uniform Guidance, it is management's responsibility to evaluate and monitor noncompliance with federal statutes, regulations, and the terms and conditions of federal awards; take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings; promptly follow up and take corrective action on reported audit findings; and prepare a summary schedule of prior audit findings and a separate corrective action plan. The summary schedule of prior audit findings should be available for our review. You are responsible for identifying all federal awards received and understanding and complying with the compliance requirements and for the preparation of the schedule of expenditures of federal awards (including notes and noncash assistance received, and COVID-19-related concepts, such as lost revenues, if applicable) in conformity with the Uniform Guidance. You agree to include our report on the schedule of expenditures of federal awards in any document that contains, and indicates that we have reported on, the schedule of expenditures of federal awards. You also agree to include the audited financial statements with any presentation of the schedule of expenditures of federal awards that includes our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the schedule of expenditures of federal awards in accordance with the Uniform Guidance; (2) you believe the schedule of expenditures of federal awards, including its form and content, is stated fairly in accordance with the Uniform Guidance; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the schedule of expenditures of federal awards. You are also responsible for the preparation of the other supplementary information, which we have been engaged to report on, in conformity with GAAP. You agree to include our report on the supplementary information in any document that contains, and indicates that we have reported on, the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with GAAP; (2) you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements, performance audits, or other studies related to the objectives discussed in the Audit Scope and Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions for the report, and for the timing and format for providing that information. Page 25 of 184 Ms. Tracy Yogman, CPA September 5, 2024 Page 8 Other Services We will also assist in preparing the financial statements in compliance with Government Finance Officers Association (GFOA), schedule of expenditures of federal awards, and related notes of the Town in conformity with GAAP and the Uniform Guidance based on information provided by you. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. We will perform the services in accordance with applicable professional standards. The other services are limited to the financial statements, schedule of expenditures of federal awards, and related notes services previously defined. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities. You agree to assume all management responsibilities for the financial statements, schedule of expenditures of federal awards, and related notes, and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements, the schedule of expenditures of federal awards, and related notes and that you have reviewed and approved the financial statements, the schedule of expenditures of federal awards, and related notes prior to their issuance and have accepted responsibility for them. Further, you agree to oversee the nonaudit services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them. Engagement Administration, Fees, and Other We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing. At the conclusion of the engagement, we will complete the appropriate sections of the Data Collection Form that summarizes our audit findings. It is management's responsibility to electronically submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors' reports, and corrective action plan) along with the Data Collection Form to the Federal Audit Clearinghouse. We will coordinate with you the electronic submission and certification. The Data Collection Form and the reporting package must be submitted within the earlier of 30 calendar days after receipt of the auditors' reports or nine months after the end of the audit period. We will provide copies of our reports to the Town; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. Page 26 of 184 Ms. Tracy Yogman, CPA September 5, 2024 Page 9 The audit documentation for this engagement is the property of EFPR Group, CPAs, PLLC and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to a cognizant or oversight agency or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of EFPR Group, CPAs, PLLC personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by the cognizant or oversight agency. If we are aware that a federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. Thomas E. Smith is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. Douglas E. Zimmerman is the concurring, technical review partner. Our fee for these services will be as follows: Financial statement audit $ 39,950 Federal single audit, if required 5,000 ACFR preparation 3,000 Total $ 47,950 Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our peer review report accompanies this letter. Reporting We will issue written reports upon completion of our Single Audit. Our reports will be addressed to the Town Supervisor and Town Board of Town of Mamaroneck. Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature of these circumstances, it may be necessary for us to modify our opinions, add a separate section, or add an emphasis-of-matter or other-matter paragraph to our auditors' report, or if necessary, withdraw from this engagement. If our opinions are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or issue reports, or we may withdraw from this engagement. Page 27 of 184 Ms. Tracy Yogman, CPA September 5, 2024 Page 10 The Government Auditing Standards report on internal control over financial reporting and on compliance and other matters will state that (1) the purpose of the report is solely to describe the scope of testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Town's internal control or on compliance, and (2) the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Town's internal control and compliance. The Uniform Guidance report on internal control over compliance will state that the purpose of the report on internal control over compliance is solely to describe the scope of testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Both reports will state that the report is not suitable for any other purpose. We appreciate the opportunity to be of service to the Town and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the attached copy and return it to us. Very truly yours, EFPR GROUP, CPAs, PLLC Douglas E. Zimmerman, CPA Partner RESPONSE: This letter correctly sets forth the understanding of Town of Mamaroneck By: Title: Date: Page 28 of 184 Tax // Audit & Attestation // Consulting // Planning Lisa M. Altschaffl, CPA Joseph E. Petrillo, CPA DC Jeffrey P. Anzovino, CPA, MSA Stacey A. Sanders, CPA, CSEP JEO,uzlo Cole F. Bee CPA Daniel W. Wilkins, CPA & COMPANY, LLP REPORT ON THE FIRM'S SYSTEM OF QUALITY CONTROL May 25,2023 To the Partners of EFPR Group LLP and the National Peer Review Committee We have reviewed the system of quality control for the accounting and auditing practice of EFPR Group LLP (the firm) in effect for the year ended November 30, 2022. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants(Standards). A summary of the nature,objectives,scope,limitations of,and the procedures performed in a System Review as described in the Standards may be found at www.aiepa.org/prsummarv_. The summary also includes an explanation of how engagements identified as not performed or reported in conformity with applicable professional standards, if any, are evaluated by a peer reviewer to determine a peer review rating. Firm's Responsibility The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects.The firm is also responsible for evaluating actions to promptly remediate engagements deemed as not performed or reported in conformity with the requirements of applicable professional standards, when appropriate, and for remediating weaknesses in its system of quality control, if any. Peer Reviewer's Responsibility Our responsibility is to express an opinion on the design of the system of quality control and the firm's compliance therewith based on our review. Required Selections and Considerations Engagements selected for review included engagements performed under Government Auditing Standards, including compliance audits under the Single Audit Act and audits of employee benefit plans. As a part of our peer review, we considered reviews by regulatory entities as communicated by the firm, if applicable, in determining the nature and extent of our procedures. Opinion In our opinion,the system of quality control for the accounting and auditing practice of EFPR Group LLP,in effect for the year ended November 30, 2022, has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass;pass with deficiency(ies) or fail. EFPR Group LLP has received a peer review rating of pass. D # Av. , -, (oplezd i_Lp Deluzio& Company LLP A member of 351 Harvey Avenue,Suite A,Greensburg,PA 15601 // p-724-838-8322 // f-724-853-6500 e paa• 45 South 23rd Street,Suite 102,Pittsburgh, PA 15203 // p-412-481-1900 // f-412-481-1923 hwww.DeluzioCPA.com Page 29 of 184 LI"EFPRGROUPCPAsg 6390 Main Street,Suite 200 Williamsville.NY 14221 P 716.634.0700 TF 800_546.7556 F 716.634.0764 W EFPRgroup.com September 5,2024 Ms. Tracy Yogman, CPA Town Comptroller& Receiver of Taxes The Town Board Town of Mamaroneck 740 West Boston Post Road Mamaroneck,New York 10543 Dear Ms. Yogman: We are pleased to confirm our understanding of the services we are to provide Town of Mamaroneck Town Justice Court (the Justice Court) for the year ending December 31, 2024. Audit Scope and Objectives We will audit the financial statements of the cash receipts, cash disbursements, and cash balances, and the disclosures, which collectively comprise the basic financial statements of the Justice Court as of and for the year ending December 31, 2024. The objectives of our audit are to obtain reasonable assurance as to whether the financial statements as a whole are free from material misstatement, whether due to fraud or error; issue an auditors' report that includes our opinion about whether your financial statements are fairly presented, in all material respects, in conformity with the cash basis of accounting. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with auditing standards generally accepted in the United States of America (GAAS) will always detect a material misstatement when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment of a reasonable user made based on the financial statements. Auditors' Responsibilities for the Audit of the Financial Statements We will conduct our audit in accordance with GAAS and will include tests of your accounting records and other procedures we consider necessary to enable us to express such opinions. As part of an audit in accordance with GAAS, we exercise professional judgment and maintain professional skepticism throughout the audit. Page 30 of 184 Ms. Tracy Yogman, CPA September 5, 2024 Page 2 We will evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management. We will also evaluate the overall presentation of the financial statements, including the disclosures, and determine whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the Justice Court or to acts by management or employees acting on behalf of the Justice Court. Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is an unavoidable risk that some material misstatements may not be detected by us, even though the audit is properly planned and performed in accordance with GAAS. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform the appropriate level of management of any material errors, fraudulent financial reporting, or misappropriation of assets that comes to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. We will also conclude, based on the audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the Justice Court's ability to continue as a going concern for a reasonable period of time. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, tests of the physical existence of inventories, and direct confirmation of receivables and certain assets and liabilities by correspondence with selected customers, creditors, and financial institutions. We will also request written representations from your attorneys as part of the engagement. We may, from time to time and depending on the circumstances, use third-party service providers in serving your account. We may share confidential information about you with these service providers but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement,you will be asked to provide your consent prior to the sharing of your confidential information with the third-party service provider. Furthermore, we will remain responsible for the work provided by any such third-party service providers. Our audit of the financial statements does not relieve you of your responsibilities. Page 31 of 184 Ms. Tracy Yogman, CPA September 5, 2024 Page 3 Audit Procedures—Internal Control We will obtain an understanding of the Justice Court and its environment, including the system of internal control, sufficient to identify and assess the risks of material misstatement of the financial statements, whether due to error or fraud, and to design and perform audit procedures responsive to those risks and obtain evidence that is sufficient and appropriate to provide a basis for our opinions. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentation, or the override of internal control. An audit is not designed to provide assurance on internal control or to identify deficiencies in internal control. Accordingly, we will express no such opinion. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards. We have identified the following significant risks of material misstatement as part of our audit planning: • Management override of controls • Improper revenue recognition Note that planning has not concluded and modifications may be made. Audit Procedures—Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the Justice Court's compliance with the provisions of applicable laws, regulations, contracts, and agreements. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion. Responsibilities of Management for the Financial Statements Our audit will be conducted on the basis that you acknowledge and understand your responsibility for designing, implementing, and maintaining internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, including monitoring ongoing activities; for the selection and application of accounting principles; and for the preparation and fair presentation of the financial statements in conformity with the cash basis of accounting with the oversight of those charged with governance. Management is responsible for making drafts of financial statements, all financial records, and related information available to us; for the accuracy and completeness of that information (including information from outside of the general and subsidiary ledgers); and for the evaluation of whether there are any conditions or events, considered in the aggregate, that raise substantial doubt about the Justice Court's ability to continue as a going concern for the 12 months after the financial statements date or shortly thereafter (for example, within an additional three months if currently known). You are also responsible for providing us with (1) access to all information of which you Page 32 of 184 Ms. Tracy Yogman, CPA September 5, 2024 Page 4 are aware that is relevant to the preparation and fair presentation of the financial statements, such as records, documentation, identification of all related parties and all related-party relationships and transactions, and other matters; (2) additional information that we may request for the purpose of the audit; and (3) unrestricted access to persons within the Justice Court from whom we determine it necessary to obtain audit evidence. At the conclusion of our audit, we will require certain written representations from you about the financial statements and related matters. Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements of each opinion unit taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the Justice Court involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the Justice Court received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the Justice Court complies with applicable laws and regulations. Other Services We will also assist in preparing the financial statements of the Justice Court in conformity with the cash basis of accounting based on information provided by you. We will perform the services in accordance with applicable professional standards. The other services are limited to the financial statement services previously defined. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities. You agree to assume all management responsibilities for the financial statement preparation services and any other nonattest services we provide; oversee the services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of the services; and accept responsibility for them. Engagement Administration, Fees, and Other We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing. Page 33 of 184 Ms. Tracy Yogman, CPA September 5, 2024 Page 5 The audit documentation for this engagement is the property of EFPR Group, CPAs, PLLC and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to a cognizant or oversight agency or its designee. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of EFPR Group, CPAs, PLLC personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the cognizant or oversight agency or its designee. The cognizant or oversight agency or its designee may intend or decide to distribute the copies or information contained therein to others, including other governmental agencies. Thomas E. Smith is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. Douglas E. Zimmerman is the concurring, technical review partner. Our fee for these services will be $1,750. Reporting We will issue a written report upon completion of our audit of the Justice Court's financial statements. Our report will be addressed to the Town Supervisor and Town Board of Town of Mamaroneck Town Justice Court. Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature of these circumstances, it may be necessary for us to modify our opinions, add a separate section, or add an emphasis-of-matter or other-matter paragraph to our auditors' report, or if necessary, withdraw from this engagement. If our opinions are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or withdraw from this engagement. Page 34 of 184 Ms. Tracy Yogman, CPA September 5, 2024 Page 6 We appreciate the opportunity to be of service to the Justice Court and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the attached copy and return it to us. Very truly yours, EFPR GROUP, CPAs, PLLC Douglas E. Zimmerman, CPA Partner RESPONSE: This letter correctly sets forth the understanding of Town of Mamaroneck Town Justice Court By: Title: Date: Page 35 of 184 m Town of Mamaroneck X Town Center FOUNDED 1661 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: 2024 Declaration& Sale of Surplus Vehicles Date: September 30, 2024 Attached please find a list of equipment from Fleet Manager, Michael Pinto regarding surplus vehicles. As you know, in order to sell these vehicles, the Town Board must declare them as surplus and authorize their sale or disposal. . Action Requested: Resolved that the Town Board hereby declares these items as surplus and authorizes their sale or disposal. Attachment/s: 2024 Declaration & Sale of Surplus Vehicles Page 36 of 184 SURPLUS AUCTION—2024 Fleet#88 (Pool) 2009 FORD FOCUS AC-3877 VIN# 1 FAHP34N09W239974 13,694 miles Fleet#89 (Pool) 2009 FORD FOCUS AC-3876 VIN# 1FAHP34W99W239973 15,908 miles Fleet#171(Highway) 2005 CATERPILLAR 930G AC-3915 VIN#CAT0930GKTWR01228 4800 hours Fleet#26 (Recreation) 2005 FORD ESCAPE HYBRID AX-4340 VIN# 1 FMYU96HX5KE01054 69395 miles Fleet#47 (Police) 2017 FORD UTILITY CAR 7 VIN# 1FM5K8AR6HGD92704 54881 miles Fleet#2 (Police) 2014 FORD EXPLORER HFJ-6281 VIN# 1 FM5K8AR2EGC49860 65412 miles Fleet#1 (Police) 2013 FORD EXPLORER JGK-1057 VIN# 1FM5K8B88DG21028 94751 miles Fleet#45 (Police) 2017 FORD UTILITY CAR 18 HFJ-6263 VIN# 1FM5K8AR9HGA24162 72101 miles Fleet#43 (Police) 2015 FORD INTERCEPTOR CAR 19 VIN# 1 FAHP2MK8FG 159831 54397 miles Fleet#48 (Police) 2017 FORD UTILITY CAR 20 VIN# 1 FM5K8AR8HGD92705 57964 miles Fleet#46 (Police) 2017 FORD UTILITY CAR 21 VIN# 1 FM5K8ARGHGA17413 67992 miles Fleet#41 (Police) 2014 FORD INTERCEPTOR CAR 23 VIN# 1FAHP2MK5EG186354 53731 miles Fleet#40 (Police) 2014 FORD INTERCEPTOR CAR 3 Page 37 of 184 VIN# 1FAHP2MK5EG122329 68286 miles Fleet#39 (Police) 2014 FORD INTERCEPTOR CAR 18 VIN# 1 FAHP2MK9EG126030 25265 miles Fleet#210 (Highway)2003 MOBACK CHIPPER MODEL 13 TORNADO VIN#4585216173W023808 2590 hours Fleet#94 (Recreation)2011 FORD F250 PICKUP AC-3878 VIN# 1 FTBF2B65BEA86271 18032 miles Fleet#238 (Highway)2010 INTERNATIONAL 7400 AC-3861 VIN# 1HTWDA2R9AJ283891 32145 miles Fleet#109 2007 MACK CTP713 AC-3893 VIN# 1 M2AT04C07M0668 67748 miles Fleet#122 (Sanitation)2013 HINO 338 AC-3881 VIN#SPVNV8JM1 D4S50479 67887 miles Fleet#236 (Highway)2008 FORD F250 PICKUP AC-3859 VIN# 1 FTSF21 R88EE40420 56775 miles Fleet#241 (Highway)2012 KENWORTH T370 HYBRID BE-1688 VIN#2NKHHM8A8CM297881 26637 miles Fleet#507 (Sanitation)2007 FORD F250 PICKUP (TIPPER) AW-1950 VIN# 1 FTSF21 RX8EC59447 48245 miles Page 38 of 184 7. ul 1 rri Town of Mamaroneck in # x Town Center FOUNDED 1661 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: Speed Humps on Colonial Avenue Date: September 30, 2024 As you may recall, as a result of numerous requests to the Traffic Committee over the past several years, in particular, staff prepared a Speed Hump Policy that the Traffic Committee recommended, and the Town Board adopted. This new policy will now be implemented with the first request that meets the requirements. Staff has reviewed the request and found three (3) potential speed hump locations (photo attached) which would comply with the Town's speed hump policy. Staff is recommending consideration of the speed hump installation (in locations to be further determined) on a temporary basis to allow for further evaluation, as per the policy. It should be noted that the Town recently received funding through the NYSDOT Transportation Alternatives Program (TAP) for design and construction of a new sidewalk on Colonial Avenue between the intersections of Daymon Terrace and Weaver Street. This project may delay the decision on permanent installation of the speed humps to provide time to design and evaluate the impact of both projects. If the eventual placement of permanent speed humps is approved, the work will be coordinated with the design development process for the new sidewalk. Action Requested: Resolved that the Town Board hereby approves the recommendation of the Traffic Committee to move forward with the installation of speed humps on Colonial Avenue and, in accordance with the Town's Speed Hump policy, hereby authorizes the monitoring and evaluation of the temporary speed hump conditions to determine the appropriateness of permanent installation in the future. Attachment/s: Traffic Committee Recommendation - Speed Hump Pilot Page 39 of 184 Mapping Westchester County si i 'i � ' . :„ , . N4k,,, , r'' -47>.. ti: 1 -i ' +�. r��' Off\: ///, V:‘ „ : 4kir). .a •igt • 'II 3 r F t y, 3- z y� k Q l XS' ''1 . ,_ : 4. r l. +v I r • r • n /r r 2 cv? i �. ite y M rtF. k 4 _ ','' ; 'Atk g ./ *.A ' �•, �► ,/Mast neck Town ,, ,� c .a '.%r 0{ ,, al _ i,; �� ///11V ' , - ' 'i , K� t ,y yam. s ® _ r / lyf , ,P '' As, 7 . ..." --,,,,,/ . 5 •® 1' ® 4.4,4,* ` AREAS ELIGIBLE ,, FOR SPEED HUMP �.�� ® / �� ,, PLACEMENT /' ! \�1 r"�` y BASED UPON ENG. 7lii, : , •.;*./ CRITERIA ` . 4 A__... * /I /' M.,amaarwnedtc •,,, n 414 : • / moo`' 0 • :, ..itikffri\t„ . 0 105 210 420 7/26/2024, 10:50:32AM 1:2,257 ft L..; Municipal Boundaries N GIs.. ,,,<a _ a• �a http://giswww westchestergo v.com A Michaelian Office Building 148 WhiteN I 1.s TO: Meredith Robson, Town Administrator FROM: Lieutenant Thomas Hollywood RE: Colonial Ave Speed Hump Request DATE: September 11, 2024 I have reviewed the resident request for the installation of a speed hump on Colonial Ave . After careful consideration and review of the Town of Mamaroneck speed hump policy, the following are my comments and concerns : • Speed Data analysis was done on two separate occasions (2022 and 2023) , both surveys revealed that speeding is not an issue on Colonial Ave . • This department has observed a low rate of violations when conducting traffic enforcement in this area. • This route is not a primary emergency route nor a primary access route for Murray Ave School, this route may be utilized by responding police department personnel as a secondary route . Submitted for your information Pa@ect1Ibfl 8 m Town of Mamaroneck X Town Center FOUNDED 1661 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: 2024-2025 Leaf Disposal Agreement Date: September 30, 2024 Attached is a proposal from Moriarty Service for the disposal of leaves at its site at 24 Valley Place, Larchmont. This contract covers both material disposal at the site as well as the Town's obligation to pay tonnage fees. Moriarty Services Inc. submitted a responsive and complete proposal and has regularly provided this service to the Town in past years. Action Requested: Resolved that the Town Board hereby approves the agreement between the Town of Mamaroneck and Moriarty Service for the disposal of leaves from October 14, 2024 through January 12, 2025 for a total of $25,000 for facility use, plus applicable tonnage fees charged by Westchester County Environmental facilities and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachment/s: 2024-2025 MORIARTY AGREEMENT FOR LEAVES DISPOSAL Page 42 of 184 • MORIARTILT ., s 41 SERVICE f; 24 VALLEY PLACE LARCHMONT, NY 10538 Email: kfate©moriartytree.com 845-795-5044 September 19,2024 AGREEMENT BETWEEN MORIARTY SERVICES INC AND THE TOWN OF MAMARONECK FOR THE DISPOSAL OF FALL LEAVES This letter of agreement between Moriarty Services Inc.and the Town of Mamaroneck provides for the terms and conditions under which fall leaves may be delivered by the Town to the Moriarty facility at 24 Valley Place,Larchmont,NY. 1. All materials delivered shall comply with the requirements for the disposal of fail leaves set forth by the County of Westchester Department of Environmental Facilities. 2. Moriarty Services Inc.shall operate the site at 24 Valley Place in compliance with all applicable laws, rules and regulations. Moriarty Services Inc,shall maintain applicable permits to operate as required by Westchester County and the New York State Department of Environmental Conservation. 3. Moriarty Services Inc.shall make 24 Valley Place available for disposal of fall leaves between October 14,2024 and January 12,2025 at those times and days when the Town of Mamaroneck is conducting leaf disposal activities. 4. Town vehicles shall enter the facility to deliver fall leaves.The leaves will be loaded into trailers operated by Moriarty Services Inc.and transported to Moriarty composting facility. All loaded trailers shall be weighed at a certified scale. Moriarty Services Inc.hereby agrees that the Town shall be billed for no more than 2500 tons of leaves disposed. The Town and Moriarty Services Inc.agree that amount can vary by no more than 5%. 5. The Town shall maintain a log of all trips into the transfer facility. Page 43 of 184 6. The fee for the use of the facility and services described in this agreement shall be$25,000.00. The use fee will permit the Town to make an unlimited number of trips into the Valley Place facility between October 14,2024 and January 12,2025. The fee for the final disposal of the leaves shall be the then current fee as charged by the Westchester County Department of Environmental facilities up to the maximum tonnage as specified in Section 4 of the agreement. Billing for final disposal shall be accompanied by weigh tickets or other certification of the tonnage of leaves delivered for final disposal. 7. These prices are based on leaves only. A small amount of brush will be deemed acceptable. However,if large amounts of brush start to appear prices will be subject to change. B. This letter of agreement may be terminated by either of the parties upon 45 days notices to the other. John Moriarty Meredith Robsom Page 44 of 184 m Town of Mamaroneck X Town Center FOUNDED 1661 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: Revision to "Limitations of Parking Boat Trailers on Public Highways" Law Date: September 30, 2024 Attached are revisions submitted by Town Attorney, William Maker, to "Limitation of Parking Boat Trailers on Public Highways" Law which were discussed at the September 18, 2024 Town Board meeting. If the Board is satisfied with the current revisions, Bill recommends setting a public hearing for the October 16, 2024 Town Board meeting. Action Requested: Resolved that the Town Board hereby sets a public hearing for "Limitation of Parking Boat Trailers on Public Highways" Law for the October 16, 2024 Town Board meeting. Attachment/s: "Limitation of Parking Boat Trailers on Public Highways" Law Rvsd 9.18.24 Page 45 of 184 c a Town of Mamaroneck ' n County of Westchester 740 West Boston Post Road,Mamaroneck,NY 10543-3353 FOUNDED 1E61 COUNSEL TEL: 914/381-7815 FAX: 914/381-7809 WMakerJr@TownofMamaroneckNY.org MEMORANDUM To: Members of the Town Board cc: Meredith S. Robson,Town Administrator Allison May, Town Clerk From: William Maker,Jr., Attorney for the Town Subject: Boat Trailer parking Date: September 19, 2024 I revised the proposed local law that will regulate parking of boat trailers on the public streets in accordance with the Town Board discussion at its September 18th meeting. Page 46 of 184 Local Law No. - 2024 This local law shall be known as the "Limitation on Parking of Boat Trailers on Public Highways" law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 -Purpose: The Town Board finds that trailers designed to carry boat parked on the public highways have an unsightly impact upon the character of the Town. Section 2-Amendment of a current section of the Mamaroneck Code: Section 219-22 of the Code of the Town of Mamaroneck hereby is amended by repealing the words: "No motor vehicle shall be parked for longer than the maximum time permitted, upon any of the public highways or parts of public highways described below:" and replacing them with the following: "A. No motor vehicle shall be parked for longer than the maximum time permitted, upon any of the public highways or parts of public highways described below:" and by adding the following new Subsection B: "B. No trailer designed to carry a boat or other watercraft, whether or not it is actually carrying a boat or other watercraft and even if it is hitched to a motor vehicle, shall be parked for more than three (3) consecutive hours,upon any of the public highways or parts of public highways." Except as so amended, the remaining text of section 222-22 shall remain unchanged. Section 3-Severabilit\%: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4-Effective Date: This Local Law shall become effective upon filing with the Secretary of State. September 19,2024 Page 47 of 184 m Town of Mamaroneck X Town Center FOUNDED 1661 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 CC: Robert P. Wasp, Town Engineer Re: Authorization of Amended Federal Aid Project Agreement - Weaver Street Sidewalk Extension Date: September 30, 2024 Please see the attached memo from Town Engineer, Robert Wasp, regarding the Weaver Street Sidewalk Extension Project. The New York State Depailment of Transportation (NYSDOT) requires Town Board authorization of the attached amended Master Agreement which extends the timeline of the project and releases federal funding to pay for it. In addition, NYSDOT requires a Town Board resolution authorizing the Town Administrator to execute the extended agreement and to appropriate local matching funds based upon the current construction cost estimates provided to the NYSDOT. A resolution is attached for your consideration. Action Requested: Resolved that the Town Board hereby approves the amended Federal Aid Project Agreement for the Weaver Street Sidewalk Extension and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Be it further resolved that the Town Board hereby approves a resolution authorizing the implementation and funding in the first instance 100% of the federal-aid eligible costs, of a transportation federal-aid project and appropriating funds therefore. Attachment/s: Authorization of Amended Federal Aid Project Agreement- Weaver Street Sidewalks PIN 8761.32 Master Agreement Construction Sample Resolution for Weaver Street Sidewalk Extension Page 48 of 184 0 -9, Town of Mamaroneck TEL:914/381-7835 -lc. Engineering Department, Town Center FAX:914/381-8473 wo ® - rn 740 West Boston Post Road, Mamaroneck, NY 10543-3353 _ ' ' C) FOUNDED 1661 Robert P. Wasp, P.E., C.D.T. rwasp@townofmamaroneckNY.org Town Engineer INTERDEPARTMENT MEMORANDUM DATE: September 25, 2023 CC: Tracy Yogman, Town Comptroller TO: Meredith Robson, Town Administrator FROM: Robert Wasp, P.E., Town Engineer SUBJECT: Authorization of Amended Federal Aid Project Agreement Weaver Street Sidewalk Extension—NYSDOT TAP Grant CFDA#20.205 GENERAL: The Town previously entered into the referenced Federal-aid Local Project Agreement with the New York State Department of Transportation (NYSDOT) for receipt of grant funding towards the Weaver Street (RTE 125) Sidewalk Extension (PIN 8761.32). The 2015 grant received through the Transportation Alternatives Program (TAP)provides $315,200 in funding towards project costs. Fully executed copy of existing project agreement was provided to the Town in February 2016 and authorized early project phases for design and right-of-way acquisition related work. Necessary property acquisitions to allow the project to proceed were recently completed with supporting documentation provided to the NYSDOT earlier this summer. The NYSDOT has provided the enclosed master agreement that 1) amends the contractual end date based upon the updated project schedule; and 2) authorizes scheduled federal funding towards construction of the sidewalk. The contractual end date will be extended until December 31, 2031 to provide sufficient timeline, with plentiful buffer, to complete all project obligations. Copy of a resolution template provided by the NYSDOT is also enclosed with this agenda item for consideration by the Town Board. The template resolution is necessary to authorize the Town Administrator to execute the agreement; and to appropriate local matching funds based upon the current construction cost estimate provided to the NYSDOT. The required increase in Town funding for the sidewalk project has been submitted for review as an amended 2025 capital project request. Authorization for advertisement of bid documents is expected to be released from the NYSDOT after the executed agreement and resolution are returned. Advertisement of bid documents is intended to occur during the upcoming winter months to allow for contract award and subsequent construction start in early 2025. All construction work is expected to be completed within a (4) four month duration. The Engineering Department recommends that the Town Board authorize execution of the amended Agreement and adopt an acceptable resolution to allow the Weaver Street Sidewalk Extension project to advance towards pending construction start in early 2025. Please feel free to contact me with any questions. Page 49 of 184 0 �'-9, ?� Town of Mamaroneck TEL:914/381-7835 17 Engineering Department, Town Center FAX:914/381-8473 wo ® - rn 740 West Boston Post Road, Mamaroneck, NY 10543-3353 _ ' ' C) FOUNDED 1661 Robert P. Wasp, P.E., C.D.T. rwasp@townofmamaroneckNY.org Town Engineer Page 50 of 184 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8761.32 BIN: N/A CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 9/18/2024 By: GC Initials Federal aid Local Project Agreement COMPTROLLER'S CONTRACT NO This Agreement is by and between: the New York State Department of Transportation ("NYSDOT"), having its principal office at 50 Wolf Road, Albany, NY 12232, on behalf of New York State ("State"). and the Town of Mamaroneck(the "Municipality/Sponsor") acting by and through Town Administrator with its office at 740 West Boston Post Road, Town of Mamaroneck, NY 10543. This Agreement identifies the party responsible for administration and establishes the method or provision for funding of applicable phases of a Federal aid project for the improvement of a street or highway, not on the State highway system, as such project and phases are more fully described by Schedule A annexed to this Agreement or one or more Supplemental Schedule(s) A to this Agreement as duly executed and approved by the parties hereto. The phases that are potentially the subject of this Agreement, as further enumerated below, are: Preliminary Engineering ("PE") and Right-of-Way Incidental ("ROW Incidentals") work; Right-of-Way Acquisition; Construction; and/or Construction Supervision and Inspection. The Federal aid project shall be identified for the purposes of this Agreement as PIN 8761.32 - Weaver Street(RTE 125) Sidewalk Extension, Town of Mamaroneck, Westchester County (as more specifically described in such Schedule A, the "Project"). WITNESSETH: WHEREAS, the United States has provided for the apportionment of Federal aid funds to the State for the purpose of carrying out Federal aid highway projects pursuant to the appropriate sections of Title 23 U.S. Code as administered by the Federal Highway Administration ("FHWA"); and WHEREAS, the New York State Highway Law authorizes the Commissioner of Transportation (hereinafter referred to as "Commissioner") to use Federal aid available under the Federal aid highway acts and provides for the consent to and approval by the Municipality/Sponsor of any project under the Federal aid highway program which is not on the State highway system before such Project is commenced; and WHEREAS, pursuant to Highway Law §10 (34-a) and section 15 of Chapter 329 of the Laws of 1991 as amended by section 9 of Chapter 330 of the Laws of 1991, as further amended by Chapter 57 of the Laws of New York of 2014, and Chapter 794 of the laws of 2022, as further amended by Chapter 3 of the laws of 2023 (effective December 28, 2023), the State has established the "Marchiselli" Program, which provides certain State-aid for Federal aid highway projects not on the State highway system; and 1 Page 51 of 184 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8761.32 BIN: N/A CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 9/18/2024 By: GC Initials WHEREAS, funding of the "State share" of projects under the Marchiselli Program is administered through the New York State Office of the Comptroller ("State Comptroller"); and WHEREAS, Highway Law §80-b authorizes the funding of eligible costs of Federal aid Municipal/Sponsor streets and highway projects using State-aid and Federal aid; and WHEREAS, project eligibility for Marchiselli Program funds is determined by NYSDOT; and WHEREAS, pursuant to authorizations therefore, NYSDOT and the Municipality/Sponsor are desirous of progressing the Project under the Federal aid and, if applicable, Marchiselli-aid Programs; and WHEREAS, The Legislative Body of the Municipality/Sponsor by Resolution No. adopted at meeting held on approved the Project, the Municipality/Sponsor's entry into this Agreement, has appropriated necessary funds in connection with any applicable Municipal/Sponsor Deposit identified in applicable Schedules A and has further authorized the of the Municipality/Sponsor to execute this Agreement and the applicable Schedule A on behalf of the Municipality/Sponsor and a copy of such Resolution is attached to and made a part of this Agreement (where New York City is the Municipality/Sponsor, such resolution is not required). NOW, THEREFORE, the parties agree as follows: 1. Documents Forming this Agreement. The Agreement consists of the following: • Agreement Form - this document titled "Federal aid Local Project Agreement"; • Schedule "A" - Description of Project Phase, Funding and Deposit Requirements • Schedule "B" - Phases, Subphase/Tasks, and Allocation of Responsibility • Appendix "A" - New York State Required Contract Provisions • Appendix "A-1"- Supplemental Title VI Provisions (Civil Rights Act) • Appendix "B" - U.S. Government Required Clauses (Only required for agreements with federal funding) • Municipal/Sponsor Resolution(s) - duly adopted Municipal/Sponsor resolution authorizing the appropriate Municipal/Sponsor official to execute this Agreement on behalf of the Municipality/Sponsor and appropriating the funding required, therefore. (Where New York City is the Municipality/Sponsor, such resolution is not required). *Note — Resolutions for Bridge NY projects must also include an express commitment by the Municipality/Sponsor that construction shall commence no later than twenty-four(24) months after award, and the project must be completed within thirty (30) months of commencing construction. 2 Page 52 of 184 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8761.32 BIN: N/A CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 9/18/2024 By: GC Initials 2. General Description of Work and Responsibility for Administration and Performance. Subject to the allocations of responsibility for administration and performance thereof as shown in Schedule B (attached), the work of the Project may consist generally of the categories of work marked and described in Schedule B for the scope and phase in effect according to Schedule A or one or more Supplemental Schedule(s) A as may hereafter be executed and approved by the parties hereto as required for a State contract, and any additions or deletions made thereto by NYSDOT subsequent to the development of such Schedule(s) A for the purposes of conforming to New York State or to Federal Highway Administration requirements. The Municipality/Sponsor understands that funding is contingent upon the Municipality/Sponsor's compliance with the applicable requirements of the "Local Projects Manual (LPM)" (available through NYSDOT's web site at https://www.dot.ny.gov/plafap, and as such may be amended from time to time. 3. Municipal/Sponsor Deposit. Where the work is performed by consultant or construction contract entered into with NYSDOT, or by NYSDOT forces, and unless the total non-Federal share of the Project phase is under $5,000, the Municipality/Sponsor shall deposit with the State Comptroller, prior to the award of NYSDOT's contract or NYSDOT's performance of work by its own forces, the full amount of the non-Federal share of the Project costs due in accordance with Schedule A. 4. Payment or Reimbursement of Costs. For work performed by NYSDOT, NYSDOT will directly apply Federal aid and the required Municipality/Sponsor Deposit for the non-Federally aided portion, and, if applicable, shall request State Comptroller funding of Marchiselli aid to the Municipality/Sponsor as described below. For work performed by or through the Municipality/Sponsor, NYSDOT will reimburse the Municipality/Sponsor with Federal aid and, if applicable, Marchiselli aid as described below. NYSDOT will periodically make reimbursements upon request and certification by the Sponsor. The frequency of reimbursement requests must be in conformance with that stipulated in the NYSDOT Standard Specifications; Construction and Materials (section 109-06, Contract Payments). NYSDOT recommends that reimbursement requests not be submitted more frequently than monthly for a typical project. In all cases, reimbursement requests must be submitted at least once every six months. 4.1 Federal aid. NYSDOT will administer Federal funds for the benefit of the Municipality/Sponsor for the Federal share and will fund the applicable percentage designated in Schedule A of Federal aid participating costs incurred in connection with the work covered by this Agreement, subject to the limitations set forth on Schedule A. For work performed by or through the Municipality/Sponsor, NYSDOT will reimburse Federal aid-eligible expenditures in accordance with NYSDOT policy and procedures. 4.1.1 Participating Items. NYSDOT shall apply Federal funds only for that work and those items that are eligible for Federal participation under Title 23 of U.S. Code, as amended, that requires Federal aid eligible projects to be located on the Federal Aid Highway System ("FAHS"), except for bridge and safety projects which can be located off the FAHS. Included among the Federal participating items are the actual cost of employee personal services and leave and fringe benefit additives. Other participating costs include materials and supplies, equipment use charges, or other Federal Participating costs directly identifiable with the eligible project. 3 Page 53 of 184 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8761.32 BIN: N/A CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 9/18/2024 By: GC Initials 4.2 Marchiselli Aid (if applicable). NYSDOT will request State Comptroller reimbursement to the Municipality of the upset amount and designated percentage in Schedule A of the non- overmatched non-Federal share of Federal participating cost, (the "State share"), incurred in connection with the work covered by this Agreement, subject to the limitations set forth on Schedule A. Not all Federal aid-eligible participating costs are eligible for Marchiselli aid. Only "Eligible Project Costs" (as defined in Marchiselli Program instructions issued by NYSDOT) incurred after April 1, 1991, are reimbursable. 4.2.1 Marchiselli Eligible Project Costs. To be eligible for Marchiselli Aid, Project costs must: (a) be eligible for Federal participation as described under 4.1 above; (b) be for work which, when completed, has a certifiable service life of at least 10 years; (c) be for work that relates directly and exclusively to a municipally owned highway, bridge or highway-railroad crossing located off the State Highway System; and (d) be submitted for reimbursement in accordance with 4.2.2. 4.2.2 Marchiselli Reimbursement Requests. A Sponsor's reimbursement requests are restricted to eligible project costs. To be classified as an "eligible project cost", in addition to other requirements of this agreement, the original expenditure must have been paid within the past 15 months in order to comply with Federal Tax Law (26 CFR 1.150-2 (d)(2)(i)) which governs fund disbursements from the issuance of tax-exempt bonds. Hence, expenditures paid greater than 15 months prior to the reimbursement request are ineligible for reimbursement. 4.2.3 Marchiselli Extended Records Retention Requirements. 4.2.3.1 To ensure that NYSDOT meets certain requirements under the Title 49 of the Code of Federal Regulations, Part 26, and to ensure that NYSDOT may authorize the use of funds for this project, notwithstanding any other provision of this Contract to the contrary, the Sponsor must retain the following documents in connection with the Projects: a) Documents evidencing the specific assets financed with such proceeds, including but not limited to project costs, and documents evidencing the use and ownership of the property financed with proceeds of the bonds; and b) Documents, if any, evidencing the sale or other disposition of the financed property. 4.2.3.2 The Sponsor covenants to retain those records described above, which are used by the Sponsor in connection with the administration of this Program, for thirty-six (36) years after the date of NYSDOT's final payment of the eligible project cost(s). 4.2.3.3 Failure to maintain such records in a manner that ensures complete access thereto, for the period described above, shall constitute a 4 Page 54 of 184 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8761.32 BIN: N/A CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 9/18/2024 By: GC Initials material breach of the contract and may, at the discretion of NYSDOT, result in loss of funds allocated, or the Sponsor's repayment of funds distributed, to the Sponsor under this agreement. 4.3 In no event shall the State be obligated to fund or reimburse any costs exceeding: (a) the amount stated in Schedule A for the Federal Share; or (b) the amount stated in Schedule A as the State (Marchiselli) share. All items included by the Municipality/Sponsor in the record of costs shall be in conformity with accounting procedures acceptable to NYSDOT and the FHWA. Such items shall be subject to audit by the State, the federal government, or their representatives. 4.4 If Project-related work is performed by NYSDOT, NYSDOT will be paid for the full costs thereof. To affect such payment, the reimbursement to the Municipality/Sponsor provided for in sections 4.1 and 4.2 above may be reduced by NYSDOT by the amounts thereof in excess of the Municipality/Sponsor Deposit available for such payment to NYSDOT. 5. Supplemental Agreements and Supplemental Schedule(s) A. Supplemental Agreements or Supplemental Schedule(s) A may be entered into by the parties and must be executed and approved in the manner required for a State contract. A Supplemental Schedule A is defined as a Supplemental Agreement which revises only the Schedule A of a prior Agreement or Supplemental Agreement. In the event Project cost estimates increase over the amounts provided for in Schedule A, no additional reimbursement shall be due to the Municipality/Sponsor unless the parties enter into a Supplemental Agreement or Supplemental Schedule A for reimbursement of additional Eligible Project Costs. 6. State Recovery of Ineligible Reimbursements. NYSDOT shall be entitled to recover from the Municipality/Sponsor any monies paid to the Municipality/Sponsor pursuant to this Agreement which are subsequently determined to be ineligible for Federal aid or Marchiselli Aid hereunder. 7. Loss of Federal Participation. In the event the Municipality/Sponsor withdraws its approval of the project, suspends or delays work on the Project, or takes other action that results in the loss of Federal participation for the costs incurred pursuant to this Agreement, the Municipality/Sponsor shall refund to the State all reimbursements received from the State, and shall reimburse the State for 100% of all preliminary engineering and right-of-way incidental costs incurred by NYSDOT. The State may offset any other State or Federal aid due to the Municipality/Sponsor by such amount and apply such offset to satisfy such refund. 8. Municipal/Sponsor Liability. 8.1 If the Municipality/Sponsor performs work under this Agreement with its own forces, it shall be responsible for all damage to person or property arising from any act or negligence performed by or on behalf of the Municipality/Sponsor, its officers, agents, servants or employees, contractors, subcontractors, or others in connection therewith. The Municipality/Sponsor specifically agrees that its agents or employees shall possess the 5 Page 55 of 184 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8761.32 BIN: N/A CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 9/18/2024 By: GC Initials experience, knowledge, and character necessary to qualify them individually for the particular duties they perform. 8.2 The Municipality/Sponsor shall indemnify and save harmless the State for all damages and costs arising out of any claims, suits, actions, or proceedings resulting from the negligent performance of work by or on behalf of the Municipality/Sponsor its officers, agents, servants, employees, contractors, subcontractors, or others under this Agreement. Negligent performance of service, within the meaning of this section, shall include, in addition to negligence founded upon tort, negligence based upon the Municipality/Sponsor's failure to meet professional standards and resulting in obvious or patent errors in the progression of its work. Additionally, the Municipality/Sponsor shall defend the State in any action arising out of any claims, suits, actions, or proceedings resulting from the negligent performance of work by or on behalf of the Municipality/Sponsor, its officers, agents, servants, employees, contractors, subcontractors, or others under this Agreement. 8.3 The Municipality/Sponsor shall at all times during the Contract term remain responsible. The Municipality/Sponsor agrees, if requested by the Commissioner of Transportation or his or her designee, to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity. 8.4 The Commissioner of Transportation or his or her designee, in his or her sole discretion, reserves the right to suspend any or all activities under this Contract, at any time, when he or she discovers information that calls into question the responsibility of the Municipality/Sponsor. In the event of such suspension, the Municipality/Sponsor will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Municipality/Sponsor must comply with the terms of the suspension order. Contract activity may resume at such time as the Commissioner of Transportation or his or her designee issues a written notice authorizing a resumption of performance under the Contract. 8.5 Upon written notice to the Municipality/Sponsor, and a reasonable opportunity to be heard with appropriate Department of Transportation officials or staff, the Contract may be terminated by the Commissioner of Transportation or his or her designee at the Municipality's/Sponsor's expense where the Municipality/Sponsor is determined by the Commissioner of Transportation or his or her designee to be non-responsible. In such event, the Commissioner of Transportation or his or her designee may complete the contractual requirements in any manner he or she may deem advisable and pursue available legal or equitable remedies for breach. 9. Maintenance. The Municipality/Sponsor shall be responsible for the maintenance of the project at the sole cost and expense of the Municipality/Sponsor. If the Municipality/Sponsor intends to have the project maintained by another, any necessary maintenance agreement will be executed and submitted to NYSDOT before construction of the Project is begun. Upon its completion, the Municipality/Sponsor will operate and maintain the Project at no expense to NYSDOT; and during the useful life of the Project, the Municipality/Sponsor shall not discontinue operation and maintenance of the Project, nor dispose of the Project, unless it receives prior written approval to do so from NYSDOT. 9.1 The Municipality/Sponsor may request such approved disposition from NYSDOT where the 6 Page 56 of 184 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8761.32 BIN: N/A CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 9/18/2024 By: GC Initials Municipality/Sponsor either causes the purchaser or transferee to assume the Municipality/Sponsor's continuing obligations under this Agreement or agrees immediately to reimburse NYSDOT for the pro-rata share of the funds received for the project, plus any direct costs incurred by NYSDOT, over the remaining useful life of the Project. 9.2 If a Municipality/Sponsor fails to obtain prior written approval from NYSDOT before discontinuing operation and maintenance of the Project or before disposing of the project, in addition to the costs provided, above in 9.1, Municipality/Sponsor shall be liable for liquidated damages for indirect costs incurred by NYSDOT in the amount of 5% of the total Federal and non-Federal funding provided through NYSDOT. 9.3 For NYSDOT-administered projects, NYSDOT is responsible for maintenance only during the NYSDOT administered construction phase. Upon completion of the construction phase, the Municipality/Sponsor's maintenance obligations start or resume. 10. Independent Contractor. The officers and employees of the Municipality/Sponsor, in accordance with the status of the Municipality/Sponsor as an independent contractor, covenant and agree that they will conduct themselves consistent with such status, that they will neither hold themselves out as, nor claim to be, an officer or employee of the State by reason hereof, and that they will not by reason hereof, make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the State, including, but not limited to, Workers Compensation coverage, Unemployment Insurance benefits, Social Security, or Retirement membership or credit. 11. Contract Executory; Required Federal Authorization. It is understood by and between the parties hereto that this Agreement shall be deemed executory only to the extent of the monies available to the State and no liability on account thereof shall be incurred by the State beyond monies available for the purposes hereof. No phase of work for the project shall be commenced unless and until NYSDOT receives authorization from the Federal government. 12. Assignment or Other Disposition of Agreement. The Municipality/Sponsor agrees not to assign, transfer, convey, sublet. or otherwise dispose of this Agreement or any part thereof, or of its right, title or interest therein, or its power to execute such Agreement to any person, company, or corporation without previous consent in writing of the Commissioner. 13. Term of Agreement. The Project phase(s) and Term are identified in Schedules (A) executed herewith and incorporated herein or as subsequently identified in a duly executed and approved supplemental Schedule(s) A as of the date of such supplemental Schedule(s) A. This Agreement shall remain in effect so long as Federal aid and Marchiselli-aid funding authorizations are in effect and funds are made available pursuant to the laws controlling such authorizations and availabilities. However, if such authorizations or availabilities lapse and are not renewed, continued, or reenacted, as to funds encumbered or available and to the extent of such encumbrances or availabilities, this Agreement shall remain in effect for the duration of such encumbrances or availabilities. Although the liquidity of encumbrances or the availability of funds may be affected by budgetary hiatuses, a Federal or State budgetary hiatus will not by itself be construed to cause a lapse in this Agreement provided any necessary Federal or State appropriations or other funding authorizations therefore are eventually enacted. 7 Page 57 of 184 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8761.32 BIN: N/A CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 9/18/2024 By: GC Initials 13.1 Time is of the essence (Bridge NY Projects). The Municipality/Sponsor understands and agrees that construction of Bridge NY Projects shall commence no later than twenty-four (24) months after award, and the project must be completed within thirty (30) months of commencing construction. 14. NYSDOT Obligations. NYSDOT's responsibilities and obligations are as specifically set forth in this contract, and neither NYSDOT nor any of its officers or employees shall be responsible or liable, nor shall the Municipality/Sponsor assert, make or join in any claim or demand against NYSDOT, its officers or employees, for any damages or other relief based on any alleged failure of NYSDOT, its officers or employees, to undertake or perform any act, or for undertaking or performing any act, which is not specifically required or prohibited by this Agreement. 15. Offset Rights. In addition to any and all set-off rights provided to the State in the attached and incorporated Appendix A, Standard Clauses for New York Contracts, NYSDOT shall be entitled to recover and offset from the Municipality/Sponsor any ineligible reimbursements and any direct or indirect costs to the State as to paragraph 6 above, as well as any direct or indirect costs incurred by the State for any breach of the term of this agreement, including, but not limited to, the useful life requirements in paragraph 9 above. At its sole discretion NYSDOT shall have the option to permanently withhold and offset such direct and indirect cost against any monies due to the Municipality/Sponsor from the State of New York for any other reason, from any other source, including but not limited to, any other Federal or State Local Project Funding, and/or any Consolidated Highway and Local Street Improvement Program (CHIPS) funds. 16. Reporting Requirements. The Municipality/Sponsor agrees to comply with and submit to NYSDOT in a timely manner all applicable reports required under the provisions of this Agreement and the Local Projects Manual and in accordance with current Federal and State laws, rules, and regulations. 17. Notice Requirements. 17.1 All notices permitted or required hereunder shall be in writing and shall be transmitted: (a) Via certified or registered United States mail, return receipt requested: (b) By facsimile transmission, (c) By personal delivery, (d) By expedited delivery service; or (e) By e-mail. Such notices shall be address as follows or to such different addresses as the parties may from time-to- time designate: New York State Department of Transportation (NYSDOT) Name: Orietta Trocard Title: Regional Local Projects Manager Address: 4 Burnett Boulevard, Poughkeepsie, NY 12603 Telephone Number: (845) 437-3386 Facsimile Number: E-Mail Address: orietta.trocard(d dot.ny.gov 8 Page 58 of 184 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8761.32 BIN: N/A CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 9/18/2024 By: GC Initials [Municipality/Sponsor] Town of Mamaroneck Name: Meredith S. Robson Title: Town Administrator Address: 740 West Boston Post Road, Mamaroneck, NY 10543 Telephone Number: (914) 381-7810 Facsimile Number: (914) 381-8473 E-Mail Address: 17.2 Any such notice shall be deemed to have been given either at the time of personal delivery or, in the case of expedited delivery service or certified or registered United States Mail, as of the date of first attempted delivery at the address and in the manner provided herein, or in the case of facsimile transmission or email, upon receipt. The parties may, from time to time, specify any new or different address in the United States as their address for purpose of receiving notice under this Agreement by giving fifteen (15) days written notice to the other party sent in accordance herewith. The parties agree to mutually designate individuals as their respective representatives for the purposes of receiving notices under this Agreement. Additional individuals may be designated in writing by the parties for purposes of implementation and administration/billing, resolving issues and problems and/or for dispute resolution. 18. Electronic Contract Payments. Municipality/Sponsor shall provide complete and accurate supporting documentation of eligible local expenditures as required by this Agreement, NYSDOT and the State Comptroller. Following NYSDOT approval of such supporting documentation, payment for invoices submitted by the Municipality/Sponsor shall only be rendered electronically unless payment by paper check is expressly authorized by the Commissioner, in the Commissioner's sole discretion, due to extenuating circumstances. Such electronic payment shall be made in accordance with ordinary State procedures and practices from the Statewide Financial System (SFS). The contracting local Municipality/Sponsor shall comply with the State Comptroller's procedures for all Federal and applicable State Aid to authorize electronic payments. Instructions and authorization forms are available on the State Comptroller's website at https://www.osc.ny.gov/state-vendors. Registration forms and instructions can be found at the NYSDOT Electronic Payment Guidelines website at: https://www.dot.ny.gov/divisions/operating/opdm/local-programs-bureau/locally-administered-federal- aid-projects/Electronic Payment Guidelines. The Municipality/Sponsor herein acknowledges that it will not receive payment on any invoices submitted under this agreement if it does not comply with the applicable State Comptroller and/or NYS State Comptroller's electronic payment procedures, except where the Commissioner has expressly authorized payment by paper check as set forth above. 19. Compliance with Legal Requirements. Municipality/Sponsor must comply with all applicable 9 Page 59 of 184 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8761.32 BIN: N/A CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 9/18/2024 By: GC Initials federal, state, and local laws, rules, and regulations, including but not limited to the following: 19.1 Title 49 of the Code of Federal Regulations Part 26 (49 CFR 26), Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs; Title 23 Code of Federal Regulations Part 230 (23 CFR 230), External Programs; and, Title 41 of the Code of Federal Regulations Part 60 (41 CFR Subtit. B, Ch. 60) Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, including the requirements thereunder related to utilization goals for contracting opportunities for disadvantaged business enterprises (DBEs) and equal employment opportunity. 19.1.1 If the Municipality/Sponsor fails to monitor and administer contracts funded in whole or in part in accordance with Federal requirements, the Municipality/Sponsor will not be reimbursed for ineligible activities within the affected contracts. The Municipality/Sponsor must ensure that the prime contractor has a Disadvantaged Business Enterprise (DBE) Utilization Plan and complies with such plan. If, without prior written approval by NYSDOT, the Municipality/Sponsor's contractors and subcontractors fail to complete work for the project as proposed in the DBE Schedule of Utilization, NYSDOT at its discretion may (1) cancel, terminate or suspend this agreement or such portion of this agreement or (2) assess liquidated damages in an amount of up to 20% of the pro rata share of the Municipality/Sponsor's contracts and subcontracts funded in whole or in part by this agreement for which contract goals have been established. 19.2 New York State Environmental Law, Article 6, the State Smart Growth Public Infrastructure Policy Act (NY CLS ECL, Art. 6), including providing true, timely and accurate information relating to the project to ensure compliance with the Act. 19.3 28 CFR 35.105, which requires a Municipality/Sponsor employing 50 or more persons to prepare a Transition Plan addressing compliance with the Americans with Disabilities Act (ADA). 20. Compliance with Procedural Requirements. The Municipality/Sponsor understands that funding is contingent upon the Municipality/Sponsor's compliance with the applicable requirements of the Local Projects Manual (LPM), which, as such, may be amended from time to time. Locally administered Federal aid transportation projects must be constructed in accordance with the current version of NYSDOT Standard Specifications; Construction and Materials, including any and all modifications to the Standard Specifications issued by the Engineering Information Issuance System, and NYSDOT- approved Special Specifications for general use. (Cities with a population of 3 million or more may pursue approval of their own construction specifications and procedures on a project by project basis). 10 Page 60 of 184 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8761.32 BIN: N/A CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 9/18/2024 By: GC Initials Comptroller's Contract Number: IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officials. MUNICIPALITY/SPONSOR: MUNICIPALITY/SPONSOR ATTORNEY: By: By: Print Name: Print Name: Title: STATE OF NEW YORK )ss.: COUNTY OF WESTCHESTER On this day of , 20 before me personally came to me known, who, being by me duly sworn did depose and say that he/she resides at ; that he/she is the of the Municipal/Sponsor Corporation described in and which executed the above instrument; (except New York City) that it was executed by order of the of said Municipal/Sponsor Corporation pursuant to a resolution which was duly adopted on and which a certified copy is attached and made a part hereof; and that he/she signed his name thereto by like order. Notary Public APPROVED FOR NYSDOT: APPROVED AS TO FORM: STATE OF NEW YORK ATTORNEY GENERAL By: For Commissioner of Transportation By: Assistant Attorney General Agency Certification: In addition to the acceptance of this contract I also certify that original copies of COMPTROLLER'S APPROVAL: this signature page will be attached to all other exact copies of this contract. By: For the New York State Comptroller Date: Pursuant to State Finance Law §112 11 Page 61 of 184 Schedule A(01/2023) Press F1 to read instructions in blank fields Page 1 of 2 SCHEDULE A - Description of Project Phase, Funding and Deposit Requirements NYSDOT/ State-Local Agreement - Schedule A for PIN 8761.32 Contract Start Date: 9/4/2024(mm/dd/yyyy)Contract End Date: 12/31/2031(mm/dd/yyyy) OSC Contract#: ❑ Check,if date changed from the last Schedule A Purpose: ® Original Standard Agreement ❑ Supplemental Schedule A No. Agreement ® Locally Administered Municipality/Sponsor (Contract Payee): Town of Mamaroneck Type: Other Municipality/Sponsor (if applicable): ❑ State Administered List participating Municipality(ies) and the % of cost share for each and indicate by checkbox which Municipality this Schedule A applies. ❑ Municipality: % of Cost share ❑ Municipality: % of Cost share ❑ Municipality: % of Cost share Authorized Project Phase(s) to which this Schedule applies: ❑ PE/Design ❑ ROW Incidentals ❑ ROW Acquisition ® Construction/Cl/CS Work Type: BIKE/PED./FACILITIES County (If different from Municipality): Westchester County (Check, if Project Description has changed from last Schedule A): ❑ Project Description: PIN 8761.32 -Weaver Street (RTE 125)Sidewalk Extension, Town of Mamaroneck, Westchester County Marchiselli Eligible ❑ Yes ® No A. Summary of Participating Costs FOR ALL PHASES For each PIN Fiscal Share below, show current costs on the rows indicated as"Current.". Show the old costs from the previous Schedule A on the row indicated as"Old." All totals will calculate automatically. LOCAL "Current" DEPOSIT PIN or"Old" Funding FEDERAL STATE AMOUNT Fiscal entry Source TOTAL Costs Funds Funds LOCAL Funds (Required Share indicator (Percentage) only if State Administered) Current TAP (80%) $394,000.00 $315,200.00 $0.00 $78,800.00 $0.00 8761.32.321 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 Current 100% Local $460,230.00 $0.00 $0.00 $460,230.00 $0.00 8761.32.NPS Old $ 0.00 $0.00 $0.00 $0.00 $0.00 Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 . Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 . Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 . Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 . Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 . Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 TOTAL CURRENT COSTS: $854,230.00 $315,200.00 $ 0.00 $539,030.00 $ 0.00 Page 62 of 184 Schedule A(01/2023) Press F1 to read instructions in blank fields Page 2 of 2 NYSDOT/State-Local Agreement—Schedule A PIN 8761.32 B. Local Deposit(s) from Section A: $ o.00 Additional Local Deposit(s) $o.00 Total Local Deposit(s) $ o.00 C. Total Project Costs All totals will calculate automatically. Total Total Total Total FEDERAL STATE LOCAL ALL SOURCES Cost Cost Cost Cost $315,200.00 $ 0.00 $539,030.00 $854,230.00 Total FEDERAL Cost $315,200.00 Total STATE Cost $ 0.00 SFS TOTAL CONTRACT AMOUNT $315,200.00 D. Point of Contact for Questions Regarding this Name: Giselle Conrad Schedule A (Must be completed) Phone No: 845-431-5731 See Agreement(or Supplemental Agreement Cover) for required contract signatures. Footnotes (FN): (See LPB's SharePoint for link to sample footnotes) • Project Description Continued: This project is to improve pedestrian safety by constructing approximately 1,475 linear feet of 5 foot wide concrete sidewalks along the south bound side of Weaver Street between Bonnie Way and Murray Avenue within the Town of Mamaroneck, Westchester County. • This is a 2014 TAP project. This project was awarded $315,200. Cost overruns beyond the awarded amount must be absorbed by the Sponsor. • Project close out should occur within 3 months of project construction completion. • • • • • • • PIN 8761.32, 9/18/2024 gc Page 63 of 184 SCHEDULE B: Phases, Sub-phase/Tasks, and Allocation of Responsibility Instructions: Identify the responsibility for each applicable Sub-phase task by entering X in either the NYSDOT column to allocate the task to State labor forces or a State Contract, or in the Sponsor column indicating non-State labor forces or a locally administered contract. Al. Preliminary Engineering ("PE") Phase Phase/Sub-phase/Task Responsibility: NYSDOT Sponsor 1. Scoping: Prepare and distribute all required project reports, including an ❑ Expanded Project Proposal (EPP) or Scoping Summary Memorandum (SSM), as appropriate. 2. Perform data collection and analysis for design, including traffic counts ❑ and forecasts, accident data, Smart Growth checklist, land use and development analysis and forecasts. 3. Smart Growth Attestation (NYSDOT ONLY). ® ❑ 4. Preliminary Design: Prepare and distribute Design Report/Design ❑ Approval Document (DAD), including environmental analysis/assessments, and other reports required to demonstrate the completion of specific design sub-phases or tasks and/or to secure the approval/authorization to proceed. 5. Review and Circulate all project reports, plans, and other project data to ❑ obtain the necessary review, approval, and/or other input and actions required of other NYSDOT units and external agencies. 6. Obtain aerial photography and photogrammetric mapping. ❑ 7. Perform all surveys for mapping and design. ❑ 8. Detailed Design: Perform all project design, including preparation of ❑ plan sheets, cross-sections, profiles, detail sheets, specialty items, shop drawings, and other items required in accordance with the Highway Design Manual, including all Highway Design, including pavement evaluations, including taking and analyzing cores; design of Pavement mixes and applications procedures; preparation of bridge site data package, if necessary, and all Structural Design, including hydraulic analyses, if necessary, foundation design, and all design of highway appurtenances and systems [e.g., Signals, Intelligent Transportation System (ITS) facilities], and maintenance protection of traffic plans. Federal Railroad Administration (FRA) criteria will apply to rail work. 9. Perform landscape design (including erosion control). ❑ 10. Design environmental mitigation, where appropriate, in connection with: ❑ Noise readings, projections, air quality monitoring, emissions projections, hazardous waste, asbestos, determination of need of cultural resources survey. Page 64 of 184 Phase/Sub-phase/Task Responsibility: NYSDOT Sponsor 11. Prepare demolition contracts, utility relocation plans/contracts, and any ❑ other plans and/or contract documents required to advance, separate, any portions of the project which may be more appropriately progressed separately and independently. 12.Compile PS&E package, including all plans, proposals, specifications, ❑ estimates, notes, special contract requirements, and any other contract documents necessary to advance the project to construction. 13.Conduct any required soils and other geological investigations. ❑ 14.Obtain utility information, including identifying the locations and types of ❑ utilities within the project area, the ownership of these utilities, and prepare utility relocations plans and agreements, including completion of Form HC-140, titled Preliminary Utility Work Agreement. 15. Determine the need and apply for any required permits, including U.S. ❑ Coast Guard, U.S. Army Corps of Engineers, Wetlands (including identification and delineation of wetlands), SPDES, NYSDOT Highway Work Permits, and any permits or other approvals required to comply with local laws, such as zoning ordinances, historic districts, tax assessment and special districts. 16. Prepare and execute any required agreements, including: ❑ - Railroad force account - Maintenance agreements for sidewalks, lighting, signals, betterments - Betterment Agreements - Utility Work Agreements for any necessary Utility Relocations of Privately owned Utilities 17. Provide overall supervision/oversight of design to assure conformity ❑ with Federal and State design standards or conditions, including final approval of PS&E (Contract Bid Documents) by NYSDOT. A2. Right-of-Way (ROW) Incidentals Phase/Sub-phase/Task Responsibility: NYSDOT Sponsor 1. Prepare ARM or other mapping, showing preliminary taking lines. ❑ 2. ROW mapping and any necessary ROW relocation plans. ❑ 3. Obtain abstracts of title and certify those having an interest in ROW to ❑ be acquired. 4. Secure Appraisals. ❑ 5. Perform Appraisal Review and establish an amount representing just ❑ compensation. Page 65 of 184 Phase/Sub-phase/Task Responsibility: NYSDOT Sponsor 6. Determination of exemption from public hearing that is otherwise ❑ required by the Eminent Domain Procedure Law, including de minimis determination, as may be applicable. If NYSDOT is responsible for acquiring the right-of-way, this determination may be performed by NYSDOT only if NYSDOT is responsible for the Preliminary Engineering Phase under Phase Al of this Schedule B. 7. Conduct any public hearings and/or informational meetings as may be ❑ required by the Eminent Domain Procedures Law, including the provision of stenographic services, preparation and distribution of transcripts, and response to issues raised at such meetings. B. Right-of-Way (ROW) Acquisition Phase/Sub-phase/Task Responsibility: NYSDOT Sponsor 1. Perform all Right-of-Way (ROW) Acquisition work, including ❑ negotiations with property owners, acquisition of properties and accompanying legal work, payments to and/or deposits on behalf of property owners; Prepare, publish, and pay for any required legal notices; and all other actions necessary to secure title to, possession of, and entry to required properties. If NYSDOT is to acquire property, including property described as an uneconomic remainder, on behalf of the Municipality/Sponsor, the Municipality/Sponsor agrees to accept and take title to any and all permanent property rights so acquired which form a part of the completed Project. 2. Provide required relocation assistance, including payment of moving ❑ expenses, replacement supplements, mortgage interest differentials, closing costs, mortgage prepayment fees. 3. Conduct eminent domain proceedings, court and any other legal ❑ actions required to acquire properties. 4. Monitor all ROW Acquisition work and activities, including review and ❑ processing of payments of property owners. 5. Provide official certification that all right-of-way required for the ❑ construction has been acquired in compliance with applicable Federal, State or Local requirements and is available for use and/or making projections of when such property(ies) will be available if such properties are not in hand at the time of contract award. 6. Conduct any property management activities, including establishment ❑ and collecting rents, building maintenance and repairs, and any other activities necessary to sustain properties and/or tenants until the sites are vacated, demolished, or otherwise used for the construction project. 7. Subsequent to completion of the Project, conduct ongoing property ❑ management activities in a manner consistent with applicable Federal, State and Local requirements including, as applicable, the development of any ancillary uses, establishment and collection of rent, property maintenance and any other related activities. Page 66 of 184 C. Construction, Construction Support (C/S) and Construction Inspection (C/I) Phase Phase/Sub-phase/Task Responsibility: NYSDOT Sponsor 1. Advertise contract lettings and distribute contract documents to ❑ prospective bidders. 2. Conduct all contract lettings, including receipt, opening, and analysis of ❑ CZ bids, evaluation/certification of bidders, notification of rejected bids/bidders, and awarding of the construction contract(s). 3. Receive and process bid deposits and verify any bidder's insurance and ❑ bond coverage that may be required. 4. Compile and submit Contract Award Documentation Package. ❑ 5. Review/approve any proposed subcontractors, vendors, or suppliers. ❑ 6. Conduct and control all construction activities in accordance with the ❑ CZ plans and proposal for the project. Maintain accurate, up-to-date project records and files, including all diaries and logs, to provide a detailed chronology of project construction activities. Procure or provide all materials, supplies and labor for the performance of the work on the project, and insure that the proper materials, equipment, human resources, methods and procedures are used. 7a. For non-NHS or non-State Highway System Projects: Test and accept ❑ ❑ materials, including review and approval for any requests for substitutions. 7b. For NHS or State Highway System Projects: Inspection and approval of materials such as bituminous concrete, Portland cement concrete, ❑ ❑ structural steel, concrete structural elements and/or their components to be used in a federal aid project will be performed by, and according to the requirements of NYSDOT. The Municipality/Sponsor shall make or require provision for such materials inspection in any contract or subcontract that includes materials that are subject to inspection and approval in accordance with the applicable NYSDOT design and construction standards associated with the federal aid project. 7c. For projects that fall under both 7a and 7b above, check boxes for each. 8. Design and/or re-design the project or any portion of the project that ❑ CZ may be required because of conditions encountered during construction. 9. Administer construction contract, including the review and approval of ❑ CZ all contactor requests for payment, orders-on-contract, force account work, extensions of time, exceptions to the plans and specifications, substitutions or equivalents, and special specifications. 10. Review and approve all shop drawings, fabrication details, and other ❑ CZ details of structural work. 11.Administer all construction contract claims, disputes or litigation. ❑ CZ Page 67 of 184 Phase/Sub-phase/Task Responsibility: NYSDOT Sponsor 12. Perform final inspection of the complete work to determine and verify final quantities, prices, and compliance with plans specifications, and such other construction engineering supervision and inspection work necessary to conform to Municipal, State and FHWA requirements, including the final acceptance of the project by NYSDOT. 13. Pursuant to Federal Regulation 49 CFR 18.42(e)(1) The awarding agency and the Comptroller General of the United States, or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers, or other records of grantees and subgrantees which are pertinent to the grant, in order to make audits, examinations, excerpts, and transcripts. Page 68 of 184 APPENDIX A STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS PLEASE RETAIN THIS DOCUMENT FOR FUTURE REFERENCE. June 2023 Page 69 of 184 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A TABLE OF CONTENTS Page 1. Executory Clause 3 2. Non-Assignment Clause 3 3. Comptroller's Approval 3 4. Workers' Compensation Benefits 3 5. Non-Discrimination Requirements 3 6. Wage and Hours Provisions 3-4 7. Non-Collusive Bidding Certification 4 8. International Boycott Prohibition 4 9. Set-Off Rights 4 10. Records 4 11. Identifying Information and Privacy Notification 4 12. Equal Employment Opportunities For Minorities and Women 5 13. Conflicting Terms 5 14. Governing Law 5 15. Late Payment 5 16. No Arbitration 5 17. Service of Process 5 18. Prohibition on Purchase of Tropical Hardwoods 5-6 19. MacBride Fair Employment Principles 6 20. Omnibus Procurement Act of 1992 6 21. Reciprocity and Sanctions Provisions 6 22. Compliance with Breach Notification and Data Security Laws 6 23. Compliance with Consultant Disclosure Law 6-7 24. Procurement Lobbying 7 25. Certification of Registration to Collect Sales and Compensating Use Tax by Certain 7 State Contractors,Affiliates and Subcontractors 26. Iran Divestment Act 7 27. Admissibility of Contract 7 Page 2 Pa7005$184 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A STANDARD CLAUSES FOR NYS CONTRACTS 4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this The parties to the attached contract,license,lease,amendment contract shall be void and of no force and effect unless the or other agreement of any kind (hereinafter, "the contract" or Contractor shall provide and maintain coverage during the life "this contract") agree to be bound by the following clauses of this contract for the benefit of such employees as are required which are hereby made a part of the contract (the word to be covered by the provisions of the Workers' Compensation "Contractor" herein refers to any party other than the State, Law. whether a contractor, licenser, licensee, lessor, lessee or any other party): 5. NON-DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law(also known 1. EXECUTORY CLAUSE. In accordance with Section 41 as the Human Rights Law) and all other State and Federal of the State Finance Law,the State shall have no liability under statutory and constitutional non-discrimination provisions,the this contract to the Contractor or to anyone else beyond funds Contractor will not discriminate against any employee or appropriated and available for this contract. applicant for employment, nor subject any individual to harassment,because of age,race, creed, color,national origin, 2. NON-ASSIGNMENT CLAUSE. In accordance with citizenship or immigration status, sexual orientation, gender Section 138 of the State Finance Law,this contract may not be identity or expression, military status, sex, disability, assigned by the Contractor or its right, title or interest therein predisposing genetic characteristics, familial status, marital assigned,transferred,conveyed,sublet or otherwise disposed of status, or domestic violence victim status or because the without the State's previous written consent,and attempts to do individual has opposed any practices forbidden under the so are null and void. Notwithstanding the foregoing,such prior Human Rights Law or has filed a complaint, testified, or written consent of an assignment of a contract let pursuant to assisted in any proceeding under the Human Rights Law. Article XI of the State Finance Law may be waived at the Furthermore, in accordance with Section 220-e of the Labor discretion of the contracting agency and with the concurrence Law,if this is a contract for the construction,alteration or repair of the State Comptroller where the original contract was subject of any public building or public work or for the manufacture, to the State Comptroller's approval, where the assignment is sale or distribution of materials, equipment or supplies, and to due to a reorganization, merger or consolidation of the the extent that this contract shall be performed within the State Contractor's business entity or enterprise. The State retains its of New York, Contractor agrees that neither it nor its right to approve an assignment and to require that any subcontractors shall,by reason of race,creed,color,disability, Contractor demonstrate its responsibility to do business with sex, or national origin: (a) discriminate in hiring against any the State. The Contractor may, however, assign its right to New York State citizen who is qualified and available to receive payments without the State's prior written consent perform the work;or(b)discriminate against or intimidate any unless this contract concerns Certificates of Participation employee hired for the performance of work under this contract. pursuant to Article 5-A of the State Finance Law. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, 3. COMPTROLLER'S APPROVAL. In accordance with Contractor agrees that neither it nor its subcontractors shall by Section 112 of the State Finance Law, if this contract exceeds reason of race, creed, color, national origin, age, sex or $50,000(or$75,000 for State University of New York or City disability: (a) discriminate in hiring against any New York University of New York contracts for goods, services, State citizen who is qualified and available to perform the work; construction and printing, and $150,000 for State University or(b)discriminate against or intimidate any employee hired for Health Care Facilities) or if this is an amendment for any the performance of work under this contract. Contractor is amount to a contract which, as so amended, exceeds said subject to fines of$50.00 per person per day for any violation statutory amount,or if,by this contract,the State agrees to give of Section 220-e or Section 239 as well as possible termination something other than money when the value or reasonably of this contract and forfeiture of all moneys due hereunder for estimated value of such consideration exceeds$25,000,it shall a second or subsequent violation. not be valid,effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. 6. WAGE AND HOURS PROVISIONS. If this is a public Comptroller's approval of contracts let by the Office of General work contract covered by Article 8 of the Labor Law or a Services,either for itself or its customer agencies by the Office building service contract covered by Article 9 thereof,neither of General Services Business Services Center,is required when Contractor's employees nor the employees of its subcontractors such contracts exceed $85,000. Comptroller's approval of may be required or permitted to work more than the number of contracts established as centralized contracts through the Office hours or days stated in said statutes, except as otherwise of General Services is required when such contracts exceed provided in the Labor Law and as set forth in prevailing wage $125,000, and when a purchase order or other procurement and supplement schedules issued by the State Labor transaction issued under such centralized contract exceeds Department. Furthermore, Contractor and its subcontractors $200,000. must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay,as determined by the State Labor Department in Page 3 Pa7T03$184 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A accordance with the Labor Law. Additionally,effective April must be kept for the balance of the calendar year in which they 28,2008,if this is a public work contract covered by Article 8 were made and for six(6)additional years thereafter. The State of the Labor Law, the Contractor understands and agrees that Comptroller, the Attorney General and any other person or the filing of payrolls in a manner consistent with Subdivision 3- entity authorized to conduct an examination, as well as the a of Section 220 of the Labor Law shall be a condition precedent agency or agencies involved in this contract, shall have access to payment by the State of any State approved sums due and to the Records during normal business hours at an office of the owing for work done upon the project. Contractor within the State of New York or,if no such office is available,at a mutually agreeable and reasonable venue within 7. NON-COLLUSIVE BIDDING CERTIFICATION. In the State, for the term specified above for the purposes of accordance with Section 139-d of the State Finance Law,if this inspection, auditing and copying. The State shall take contract was awarded based upon the submission of bids, reasonable steps to protect from public disclosure any of the Contractor affirms, under penalty of perjury, that its bid was Records which are exempt from disclosure under Section 87 of arrived at independently and without collusion aimed at the Public Officers Law(the "Statute") provided that: (i) the restricting competition. Contractor further affirms that, at the Contractor shall timely inform an appropriate State official, in time Contractor submitted its bid,an authorized and responsible writing,that said records should not be disclosed;and(ii) said person executed and delivered to the State a non-collusive records shall be sufficiently identified; and(iii)designation of bidding certification on Contractor's behalf. said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish,or in any way adversely affect, 8. INTERNATIONAL BOYCOTT PROHIBITION. In the State's right to discovery in any pending or future litigation. accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law,if this contract exceeds$5,000, 11. IDENTIFYING INFORMATION AND PRIVACY the Contractor agrees, as a material condition of the contract, NOTIFICATION. (a) Identification Number(s). Every that neither the Contractor nor any substantially owned or invoice or New York State Claim for Payment submitted to a affiliated person, firm, partnership or corporation has New York State agency by a payee,for payment for the sale of participated, is participating, or shall participate in an goods or services or for transactions (e.g., leases, easements, international boycott in violation of the federal Export licenses,etc.)related to real or personal property must include Administration Act of 1979 (50 USC App. Sections 2401 et the payee's identification number. The number is any or all of seq.) or regulations thereunder. If such Contractor, or any of the following: (i) the payee's Federal employer identification the aforesaid affiliates of Contractor, is convicted or is number,(ii)the payee's Federal social security number,and/or otherwise found to have violated said laws or regulations upon (iii)the payee's Vendor Identification Number assigned by the the final determination of the United States Commerce Statewide Financial System. Failure to include such number or Department or any other appropriate agency of the United numbers may delay payment. Where the payee does not have States subsequent to the contract's execution, such contract, such number or numbers,the payee,on its invoice or Claim for amendment or modification thereto shall be rendered forfeit and Payment,must give the reason or reasons why the payee does void. The Contractor shall so notify the State Comptroller not have such number or numbers. within five(5)business days of such conviction,determination or disposition of appeal(2 NYCRR§ 105.4). (b)Privacy Notification. (1) The authority to request the above personal information from a seller of goods or services or a 9.SET-OFF RIGHTS. The State shall have all of its common lessor of real or personal property,and the authority to maintain law,equitable and statutory rights of set-off. These rights shall such information, is found in Section 5 of the State Tax Law. include,but not be limited to,the State's option to withhold for Disclosure of this information by the seller or lessor to the State the purposes of set-off any moneys due to the Contractor under is mandatory.The principal purpose for which the information this contract up to any amounts due and owing to the State with is collected is to enable the State to identify individuals, regard to this contract, any other contract with any State businesses and others who have been delinquent in filing tax department or agency, including any contract for a term returns or may have understated their tax liabilities and to commencing prior to the term of this contract,plus any amounts generally identify persons affected by the taxes administered by due and owing to the State for any other reason including, the Commissioner of Taxation and Finance. The information without limitation, tax delinquencies, fee delinquencies or will be used for tax administration purposes and for any other monetary penalties relative thereto. The State shall exercise its purpose authorized by law. (2) The personal information is set-off rights in accordance with normal State practices requested by the purchasing unit of the agency contracting to including, in cases of set-off pursuant to an audit, the purchase the goods or services or lease the real or personal finalization of such audit by the State agency, its property covered by this contract or lease. The information is representatives,or the State Comptroller. maintained in the Statewide Financial System by the Vendor Management Unit within the Bureau of State Expenditures, 10. RECORDS. The Contractor shall establish and maintain Office of the State Comptroller, 110 State Street,Albany,New complete and accurate books,records,documents,accounts and York 12236. other evidence directly pertinent to performance under this contract(hereinafter,collectively,the"Records"). The Records Page 4 June 2023 Page 72 of 184 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A 12. EQUAL EMPLOYMENT OPPORTUNITIES FOR apply to: (i)work,goods or services unrelated to this contract; MINORITIES AND WOMEN. In accordance with Section or (ii) employment outside New York State. The State shall 312 of the Executive Law and 5 NYCRR Part 143, if this consider compliance by a contractor or subcontractor with the contract is: (i) a written agreement or purchase order requirements of any federal law concerning equal employment instrument, providing for a total expenditure in excess of opportunity which effectuates the purpose of this clause. The $25,000.00, whereby a contracting agency is committed to contracting agency shall determine whether the imposition of expend or does expend funds in return for labor, services, the requirements of the provisions hereof duplicate or conflict supplies, equipment, materials or any combination of the with any such federal law and if such duplication or conflict foregoing,to be performed for, or rendered or furnished to the exists, the contracting agency shall waive the applicability of contracting agency; or (ii) a written agreement in excess of Section 312 to the extent of such duplication or conflict. $100,000.00 whereby a contracting agency is committed to Contractor will comply with all duly promulgated and lawful expend or does expend funds for the acquisition, construction, rules and regulations of the Department of Economic demolition, replacement, major repair or renovation of real Development's Division of Minority and Women's Business property and improvements thereon;or(iii)a written agreement Development pertaining hereto. in excess of$100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds 13. CONFLICTING TERMS. In the event of a conflict for the acquisition, construction, demolition, replacement, between the terms of the contract (including any and all major repair or renovation of real property and improvements attachments thereto and amendments thereof)and the terms of thereon for such project,then the following shall apply and by this Appendix A,the terms of this Appendix A shall control. signing this agreement the Contractor certifies and affirms that it is Contractor's equal employment opportunity policy that: 14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal (a) The Contractor will not discriminate against employees or supremacy clause requires otherwise. applicants for employment because of race, creed, color, national origin,sex,age,disability or marital status,shall make 15. LATE PAYMENT. Timeliness of payment and any and document its conscientious and active efforts to employ and interest to be paid to Contractor for late payment shall be utilize minority group members and women in its work force governed by Article 11-A of the State Finance Law to the extent on State contracts and will undertake or continue existing required by law. programs of affirmative action to ensure that minority group members and women are afforded equal employment 16. NO ARBITRATION. Disputes involving this contract, opportunities without discrimination. Affirmative action shall including the breach or alleged breach thereof, may not be mean recruitment, employment, job assignment, promotion, submitted to binding arbitration (except where statutorily upgradings,demotion,transfer,layoff,or termination and rates authorized),but must,instead,be heard in a court of competent of pay or other forms of compensation; jurisdiction of the State of New York. (b) at the request of the contracting agency,the Contractor shall 17. SERVICE OF PROCESS. In addition to the methods of request each employment agency, labor union, or authorized service allowed by the State Civil Practice Law & Rules representative of workers with which it has a collective ("CPLR"), Contractor hereby consents to service of process bargaining or other agreement or understanding, to furnish a upon it by registered or certified mail,return receipt requested. written statement that such employment agency,labor union or Service hereunder shall be complete upon Contractor's actual representative will not discriminate on the basis of race,creed, receipt of process or upon the State's receipt of the return color,national origin, sex, age, disability or marital status and thereof by the United States Postal Service as refused or that such union or representative will affirmatively cooperate in undeliverable. Contractor must promptly notify the State, in the implementation of the Contractor's obligations herein;and writing, of each and every change of address to which service of process can be made. Service by the State to the last known (c) the Contractor shall state, in all solicitations or address shall be sufficient. Contractor will have thirty (30) advertisements for employees, that, in the performance of the calendar days after service hereunder is complete in which to State contract, all qualified applicants will be afforded equal respond. employment opportunities without discrimination because of race,creed,color,national origin,sex,age,disability or marital 18. PROHIBITION ON PURCHASE OF TROPICAL status. HARDWOODS.The Contractor certifies and warrants that all wood products to be used under this contract award will be in Contractor will include the provisions of "(a), (b) and (c)" accordance with, but not limited to, the specifications and above, in every subcontract over $25,000.00 for the provisions of Section 165 of the State Finance Law, (Use of construction, demolition, replacement, major repair, Tropical Hardwoods) which prohibits purchase and use of renovation, planning or design of real property and tropical hardwoods,unless specifically exempted,by the State improvements thereon(the"Work")except where the Work is or any governmental agency or political subdivision or public for the beneficial use of the Contractor. Section 312 does not benefit corporation. Qualification for an exemption under this Page 5 June 2023 Page 73 of 184 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A law will be the responsibility of the contractor to establish to Authorities Law§2879(3)(n)—(p))requires that by signing this meet with the approval of the State. bid proposal or contract,as applicable,Contractors certify that whenever the total bid amount is greater than$1 million: In addition,when any portion of this contract involving the use of woods,whether supply or installation,is to be performed by (a) The Contractor has made reasonable efforts to encourage any subcontractor, the prime Contractor will indicate and the participation of New York State Business Enterprises as certify in the submitted bid proposal that the subcontractor has suppliers and subcontractors,including certified minority-and been informed and is in compliance with specifications and women-owned business enterprises, on this project, and has provisions regarding use of tropical hardwoods as detailed in retained the documentation of these efforts to be provided upon § 165 State Finance Law. Any such use must meet with the request to the State; approval of the State;otherwise,the bid may not be considered responsive. Under bidder certifications, proof of qualification (b) The Contractor has complied with the Federal Equal for exemption will be the responsibility of the Contractor to Opportunity Act of 1972(P.L.92-261),as amended; meet with the approval of the State. (c)The Contractor agrees to make reasonable efforts to provide 19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES notification to New York State residents of employment (APPLICABLE ONLY IN NON-FEDERAL AID NEW YORK opportunities on this project through listing any such positions STATE CONTRACTS). In accordance with the MacBride Fair with the Job Service Division of the New York State Employment Principles(Chapter 807 of the Laws of 1992),the Department of Labor, or providing such notification in such Contractor hereby stipulates that the Contractor either(a) has manner as is consistent with existing collective bargaining no business operations in Northern Ireland, or (b) shall take contracts or agreements. The Contractor agrees to document lawful steps in good faith to conduct any business operations in these efforts and to provide said documentation to the State Northern Ireland in accordance with the MacBride Fair upon request;and Employment Principles(as described in Section 165 of the New York State Finance Law), and shall permit independent (d)The Contractor acknowledges notice that the State may seek monitoring of compliance with such principles. to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts. 20. OMNIBUS PROCUREMENT ACT OF 1992 (APPLICABLE ONLY IN NON-FEDERAL AID NEW YORK 21. RECIPROCITY AND SANCTIONS PROVISIONS. STATE CONTRACTS). It is the policy of New York State to Bidders are hereby notified that if their principal place of maximize opportunities for the participation of New York State business is located in a country, nation, province, state or business enterprises, including minority- and women-owned political subdivision that penalizes New York State vendors, business enterprises as bidders,subcontractors and suppliers on and if the goods or services they offer will be substantially its procurement contracts. produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments(Chapter 684 and Information on the availability of New York State Chapter 383, respectively, codified in State Finance Law subcontractors and suppliers is available from: § 165(6) and Public Authorities Law §2879(5)) require that they be denied contracts which they would otherwise obtain. NYS Department of Economic Development NOTE: As of May 2023,the list of discriminatory jurisdictions Division for Small Business and Technology Development subject to this provision includes the states of South Carolina, 625 Broadway Alaska, Virginia,West Wyoming,Louisiana and Hawaii. Albany,New York 12245 Telephone: 518-292-5100 22. COMPLIANCE WITH BREACH NOTIFICATION AND DATA SECURITY LAWS. Contractor shall comply A directory of certified minority- and women-owned business with the provisions of the New York State Information Security enterprises is available from: Breach and Notification Act(General Business Law§§ 899-aa and 899-bb and State Technology Law§ 208). NYS Department of Economic Development Division of Minority and Women's Business Development 23. COMPLIANCE WITH CONSULTANT 633 Third Avenue 33rd Floor DISCLOSURE LAW. If this is a contract for consulting New York,NY 10017 services, defined for purposes of this requirement to include 646-846-7364 analysis, evaluation, research, training, data processing, email:mwbebusinessdev@esd.ny.gov computer programming, engineering, environmental, health, hops://ny.newnycontracts.com/FrontEnd/searchcertifieddir and mental health services, accounting, auditing, paralegal, ectory.asp legal or similar services,then,in accordance with Section 163 (4)(g)of the State Finance Law(as amended by Chapter 10 of The Omnibus Procurement Act of 1992 (Chapter 844 of the the Laws of 2006),the Contractor shall timely, accurately and Laws of 1992,codified in State Finance Law§ 139-i and Public properly comply with the requirement to submit an annual Page 6 June 2023 Page 74 of 184 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A employment report for the contract to the agency that awarded seeking compliance, recovering damages, or declaring the the contract, the Department of Civil Service and the State Contractor in default. Comptroller. The state agency reserves the right to reject any bid,request for 24. PROCUREMENT LOBBYING. To the extent this assignment,renewal or extension for an entity that appears on agreement is a "procurement contract" as defined by State the Prohibited Entities List prior to the award, assignment, Finance Law§§ 139-j and 139-k,by signing this agreement the renewal or extension of a contract, and to pursue a contractor certifies and affirms that all disclosures made in responsibility review with respect to any entity that is awarded accordance with State Finance Law §§ 139-j and 139-k are a contract and appears on the Prohibited Entities list after complete, true and accurate. In the event such certification is contract award. found to be intentionally false or intentionally incomplete,the State may terminate the agreement by providing written 27. ADMISSIBILITY OF REPRODUCTION OF notification to the Contractor in accordance with the terms of CONTRACT. Notwithstanding the best evidence rule or any the agreement. other legal principle or rule of evidence to the contrary, the Contractor acknowledges and agrees that it waives any and all 25. CERTIFICATION OF REGISTRATION TO objections to the admissibility into evidence at any court COLLECT SALES AND COMPENSATING USE TAX BY proceeding or to the use at any examination before trial of an CERTAIN STATE CONTRACTORS,AFFILIATES AND electronic reproduction of this contract, in the form approved SUBCONTRACTORS. by the State Comptroller, if such approval was required, To the extent this agreement is a contract as defined by Tax Law regardless of whether the original of said contract is in § 5-a, if the contractor fails to make the certification required existence. by Tax Law § 5-a or if during the term of the contract, the Department of Taxation and Finance or the covered agency,as defined by Tax Law§5-a,discovers that the certification,made under penalty of perjury, is false, then such failure to file or false certification shall be a material breach of this contract and this contract may be terminated, by providing written notification to the Contractor in accordance with the terms of the agreement, if the covered agency determines that such action is in the best interest of the State. 26. IRAN DIVESTMENT ACT. By entering into this Agreement,Contractor certifies in accordance with State Finance Law§ 165-a that it is not on the"Entities Determined to be Non-Responsive Bidders/Offerers pursuant to the New York State Iran Divestment Act of 2012"("Prohibited Entities List")posted at: https://ogs.ny.gov/iran-divestment-act-2012 Contractor further certifies that it will not utilize on this Contract any subcontractor that is identified on the Prohibited Entities List. Contractor agrees that should it seek to renew or extend this Contract, it must provide the same certification at the time the Contract is renewed or extended. Contractor also agrees that any proposed Assignee of this Contract will be required to certify that it is not on the Prohibited Entities List before the contract assignment will be approved by the State. During the term of the Contract,should the state agency receive information that a person (as defined in State Finance Law § 165-a) is in violation of the above-referenced certifications, the state agency will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation,then the state agency shall take such action as may be appropriate and provided for by law,rule, or contract, including, but not limited to, imposing sanctions, Page 7 June 2023 Page 75 of 184 APPENDIX A-1 SUPPLEMENTAL TITLE VI PROVISIONS (CIVIL RIGHTS ACT) (To be included in all contracts) During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: (1) Compliance with Regulations: The contractor shall comply with the Regulation relative to nondiscrimination in Federally assisted programs of the Department of Transportation of the United States, Title 49, Code of Federal Regulations, Part 21, and the Federal Highway Administration (hereinafter "FHWA") Title 23, Code of Federal Regulations, Part 200 as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, religion, age, color, sex or national origin, sex, age, and disability/handicap in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin, sex, age, and disability/handicap. (4) Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by NYSDOT or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to NYSDOT's Office of Civil Rights or FHWA, as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, NYSDOT shall impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a) Withholding of payments to the contractor under the contract until the contractor complies; and/or b) Cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Page 76 of 184 The contractor shall take such action with respect to any subcontractor procurement as NYSDOT or the FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request NYSDOT to enter into such litigation to protect the interests of NYSDOT, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Page 77 of 184 APPENDIX B REQUIREMENTS FOR FEDERALLY-AIDED TRANSPORTATION PROJECTS (June 2016) There is a substantial body of requirements attached to the use of Federal highway or transportation aid. These requirements create or overlay processes, procedures, documentation requirements, authorizations, approvals and certifications that may be substantially greater or different from those that are not funded with Federal-aid and proceed under applicable State and local laws, customs and practices. Under Title 23 of the United States Code, the New York State Department of Transportation (NYSDOT) is responsible for the administration of transportation projects in New York State to which NYSDOT provides Federal highway or transportation-related aid. Through this Agreement, which provides or is associated with such funding, NYSDOT delegates various elements of project and funding administration as described elsewhere in this Agreement. In undertaking a Federally aided project, the Municipality/Sponsor, Authority or Project Manager designated under this Agreement with Federal-aid funding or project administration agrees to proceed in compliance with all the applicable Federal-aid requirements. NYSDOT, in cooperation with FHWA, has assembled the body of Federal-aid requirements, procedures and practices in its Procedures for Locally Administered Federal-Aid Projects Manual (available through NYSDOT's web site at: http://www.dot.ny.gov/plafap). In addition, the Municipality/Sponsor, Authority or Project Manager designated under this Agreement for Federal-aid funding or project administration that enters into Federally aided project construction contracts is required to physically incorporate into all its Federally aided construction contracts and subcontracts there under the provisions that are contained in Form FHWA-1273 (available from NYSDOT or electronically at: http://www.fhwa.dot.gov/programadmin/contracts/1273.htm). In addition to the referenced requirements, the attention of Municipality/Sponsor hereunder is directed to the following requirements and information: NON DISCRIMINATION/EEO/DBE REQUIREMENTS The Municipality/Sponsor and its contractors agree to comply with Executive Order 11246, entitled "Equal Employment Opportunity" and United States Department of Transportation (USDOT) regulations (49 CFR Parts 21, 23, 25, 26 and 27) and the following: 1. NON DISCRIMINATION. No person shall, on the ground of race, color, creed, national origin, sex, age or handicap, be excluded from participation in, or denied the benefits of, or be subject to, discrimination under the Project funded through this Agreement. 2. EQUAL EMPLOYMENT OPPORTUNITY. In connection with the execution of this Agreement, the Municipality/Sponsors contractors or subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, age, color, sex or national origin. Such contractors shall take affirmative actions to ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, national origin or age. Such actions 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. Page 78 of 184 3. DISADVANTAGED BUSINESS ENTERPRISES. In connection with the performance of this Agreement, the Municipality/Sponsor shall cause its contractors to cooperate with the State in meeting its commitments and goals with regard to the utilization of Disadvantaged Business Enterprises (DBEs) and will use its best efforts to ensure that DBEs will have opportunity to compete for subcontract work under this Agreement. Also, in this connection the Municipality or Municipality/Sponsor shall cause its contractors to undertake such actions as may be necessary to comply with 49 CFR Part 26. As a sub-recipient under 49 CFR Part 26.13, the Municipality/Sponsor hereby makes the following assurance. The Municipality/Sponsor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any United States Department of Transportation (USDOT)-assisted contract or in the administration of its Disadvantaged Business Enterprise (DBE) program or the requirements of 49 CFR Part 26. The Municipality/Sponsor shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of the United States Department of Transportation-assisted contracts. The New York State Department of Transportation's DBE program, as required by 49 CFR Part 26 and as approved by the United States Department of Transportation, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). FEDERAL SINGLE AUDIT REQUIREMENTS Non-Federal entities that expend $750,000 or more in a year in Federal awards from all sources are required to comply with the Federal Single Audit Act provisions contained in U.S. Office of Management and Budget (OMB) Circular No. A-133, Audits of States, Local Governments, and Non-Profit Organizations. Non-Federal entities that expend Federal awards from a single source may provide a program specific audit, as defined in the Circular. Non-Federal entities that expend less than the amount above in a year in Federal awards from all sources are exempt from Federal audit requirements for that year, except as noted in Sec. 215 (a) of OMB Circular A-133 Subpart B--Audits, records must be available for review or audit by appropriate officials of the cognizant Federal agency' the New York State Department of Transportation, the New York State Comptrollers Office and the U.S. Governmental Accountability Office (GAO). Non-Federal entities are required to submit a copy of all audits, as described above, within 30 days of issuance of audit report, but no later than 9 months after the end of the entity's fiscal year, to the New York State Department of Transportation, Contract Audit Bureau, 50 Wolf Road, Albany, NY 12232. Unless a time extension has been granted by the cognizant Federal Agency and has been filed with the New York State Department of Transportation's Contract Audit Bureau, failure to comply with the requirements of OMB Circular A-133 may result in suspension or termination of Federal award payments. The designated cognizant agency for audit shall be the federal awarding agency that provides the predominant amount of direct funding to a recipient unless OMB changes it. Page 79 of 184 THE CATALOG OF FEDERAL DOMESTIC ASSISTANCE The Catalog of Federal Domestic Assistance (CFDA2), is an on-line database of all Federally- aided programs available to State and local governments (including the District of Columbia); Federally recognized Indian tribal governments; Territories (and possessions) of the United States; domestic public, quasi-public, and private profit and nonprofit organizations and institutions; specialized groups; and individuals. THE CFDA IDENTIFICATION NUMBER OMB Circular A-133 requires all Federal-aid recipients to identify and account for awards and expenditures by CFDA Number. The Municipality/Sponsor is required to identify in its accounts all Federal awards received and expended, and the Federal programs under which they were received. Federal program and award identification shall include, as applicable, the CFDA title and number, award number and year, name of the Federal agency, and name of the pass-through entity. The most commonly used CFDA number for the Federal Aid Highway Planning and Construction program is 20.205. Additional CFDA numbers for other transportation and non-transportation related programs are: 20.215 Highway Training and Education 20.219 Recreational Trails Program 20.XXX Highway Planning and Construction - Highways for LIFE; 20.XXX Surface Transportation Research and Development; 20.500 Federal Transit-Capital Investment Grants 20.505 Federal Transit-Metropolitan Planning Grants 20.507 Federal Transit-Formula Grants 20.509 Formula Grants for Other Than Urbanized Areas 20.600 State and Community Highway Safety 23.003 Appalachian Development Highway System 23.008 Appalachian Local Access Roads PROMPT PAYMENT MECHANISMS In accordance with 49 CFR 26.29, and NY State Finance Law 139-f or NY General Municipal Law 106-b(2) as applicable: (a) You must establish, as part of your DBE program, a contract clause to require prime contractors to pay subcontractors for satisfactory performance of their contracts no later than 7 calendar days from receipt of each payment you make to the prime contractor. (b) You must ensure prompt and full payment of retainage from the prime contractor to the subcontractor within 7 calendar days after the subcontractor's work is satisfactorily completed. You must use one of the following methods to comply with this requirement: (1) You may decline to hold retainage from prime contractors and prohibit prime contractors from holding retainage from subcontractors. (2) You may decline to hold retainage from prime contractors and require a contract clause obligating prime contractors to make prompt and full payment of any retainage kept by 2 http://www.cfda.gov/ Page 80 of 184 prime contractor to the subcontractor within 7 calendar days after the subcontractor's work is satisfactorily completed. (3) You may hold retainage from prime contractors and provide for prompt and regular incremental acceptances of portions of the prime contract, pay retainage to prime contractors based on these acceptances, and require a contract clause obligating the prime contractor to pay all retainage owed to the subcontractor for satisfactory completion of the accepted work within 7 calendar days after your payment to the prime contractor. (c) For purposes of this section, a subcontractor's work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the recipient. When a recipient has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed. (d) Your DBE program must provide appropriate means to enforce the requirements of this section. These means may include appropriate penalties for failure to comply, the terms and conditions of which you set. Your program may also provide that any delay or postponement of payment among the parties may take place only for good cause, with your prior written approval. (e) You may also establish, as part of your DBE program, any of the following additional mechanisms to ensure prompt payment: (1) A contract clause that requires prime contractors to include in their subcontracts language providing that prime contractors and subcontractors will use appropriate alternative dispute resolution mechanisms to resolve payment disputes. You may specify the nature of such mechanisms. (2) A contract clause providing that the prime contractor will not be reimbursed for work performed by subcontractors unless and until the prime contractor ensures that the subcontractors are promptly paid for the work they have performed. (3) Other mechanisms, consistent with this part and applicable state and local law, to ensure that DBEs and other contractors are fully and promptly paid. CARGO PREFERENCE ACT REQUIREMENTS — U.S. FLAG VESSELS In accordance with 46 CFR 381, the contractor agrees: (a) To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. (b) To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, 'on-board' commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b) (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590. (c) To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract. Page 81 of 184 15 �o �o Town of Mamaroneck I 15) Town Center • 740 West Boston Post Road, Mamaroneck, NY 10543-3353 FOUNDED 1661 RESOLUTION NUMBER: Authorizing the implementation, and funding in the first instance 100% of the federal- aid eligible costs, of a transportation federal-aid project, and appropriating funds therefore. WHEREAS, a Project for Weaver Street (RTE 125) Sidewalk Extension, Town of Mamaroneck, Westchester County, PIN 8761.32 (the "Project") is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds; and WHEREAS, the Town of Mamaroneck desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of the construction and construction inspection. NOW, THEREFORE, the Town Board, duly convened does hereby RESOLVE, that the Town Board hereby approves the above-subject project; and it is hereby further RESOLVED, that the Town Board hereby authorizes the Town of Mamaroneck to pay in the first instance 100% of the federal and non-federal share of the cost of construction and construction inspection work for the Project or portions thereof; and it is further RESOLVED, that the sum of $854,230 is hereby appropriated from Capital Projects H5145 and made available to cover the cost of participation in the above phase of the Project; and it is further RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Town Board shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the Town Administrator thereof, and it is further RESOLVED, that the Administrator of the Town of Mamaroneck be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or applicable Marchiselli Aid on behalf of the Town of Mamaroneck with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first instance funding of project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and it is further RESOLVED, that in addition to the Town Administrator is hereby authorized to execute any necessary Agreements or certifications on behalf of the Page 82 of 184 Municipality/Sponsor, with NYSDOT in connection with the advancement or approval of the project identified in the State/Local Agreement; RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and it is further RESOLVED, this Resolution shall take effect immediately. STATE OF NEW YORK ) SS: COUNTY OF WESTCHESTER ) , Clerk of the Town of Mamaroneck, New York, do hereby certify that I have compared the foregoing copy of this Resolution with the original on file in my office, and that the same is a true and correct transcript of said original Resolution and of the whole thereof, as duly adopted by said at a meeting duly called and held at the on by the required and necessary vote of the members to approve the Resolution. WITNESS My Hand and the Official Seal of the Town of Mamaroneck, New York, this day of , 2024. Clerk, Town of Mamaroneck Page 83 of 184 0 ul 0 1 rri Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.gov To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Allison May, Town Clerk Re: Standard Work Day and Reporting Resolution for Councilmember Nambiar Date: September 30, 2024 Attached is the standard work day and reporting resolution for elected and appointed officials for Councilmember Nambiar. Action Requested: RESOLVED that the Town of Mamaroneck hereby establishes as presented the standard work day for Councilmember Nambiar based on his record of activities, to be posted for 30 days and then reported to the New York State and Local Retirement System. Page 84 of 184 73 vt; '- Town of Mamaroneck Town Clerk, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 amay@townofmamaroneckNY.gov Date: September 30, 2024 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk CC: Anant NambiarCouncilman CC: Jaine Elkind EneyTown Supervisor Subject: Standard Work Day and Reporting Resolution for Councilmember Nambiar General: Attached is the standard work day and reporting resolution for elected and appointed officials for Councilmember Nambiar. This is the standard NYSLRS reporting for elected officials for Councilmember Nambiar. If approved, the resolution will be posted for 30 days and then presented to NYS thereafter. Attachment/s: ROA Anant Nambiar 2024 RS2417-a Page 85 of 184 i G & c0 \ \ ❑ ❑ ❑ ❑ ❑ ❑ _ c c 'U r 7 & - e N m.0 N @ \ o 70 \ 0 = Q � t U . = N a O ) ƒi % \ e O ƒ J \ Ce • / / # coVP 2 5 \ Q aa \ O. ° "E) \ o❑ ❑ ❑ ❑ ❑ ❑ O M m * D Q(13 (13 Cco •-co c LL ` 2 ® CO o a k @ 2f § N 0 = } > - ƒ _ V \ ) ) ) CN { c N— @ y 0 I = a a W f \ _ & — E E f \ CO 7 k 2 o \ a)k I N— $ � } LU0) ® ' a) 2 kaa o f 2 $ =° = § 2 e G \ = c § al IA f ® $ ® / \ E • ± a) , � \ 0 » 0 0 $ \ ) k � 0 \ k \ - ° ° » \ e £ \ $ �\ 17, C0) \ \ � E 77, ■ \ / \ ' / k • k \ ct 7 c § ® % 7 / = E / \ C 2 / 2 E \ - > / ) / o ® ' _ — & ° } 0 e \ E o 9 / g / e } 2 R co} a - - • ) : e q \ b .\ © q # Q ca E CO \f \ 6 ` / I- E % \ 5 - / } « 0 \ Lu \ o J § \ ( � 2 \\ / _ \\ co E % _ _ > E g .. o \ + ® � _ O C / = a C \ /cz / \ \ / ) \ £R X « \ \ « 2 m j E m U § - § e \ ( \ Eo ( @ � $ ] E \ \ « k ( / \ [ ` ¢ \ \ / / o f k ° \ $ ) o)(-) @ - \ ) f CD I k 2 a Z 0 / c am _ G o « / 2 § \ « _ co - .( 2 7. 7 2 e / / f f . - 3 E >a CO / f w \ E \ 2 S A �� ® ± \ 2 E ) 2 6 g - \ ) { \ $ "� o > } E ' e t o » �� S � ) S = m • A) o a / El 2 / S 2 ° E ƒ/ \ \ to / 0 * & ir ° D ƒ w kA ' / \rn) ƒ q - \ ti Q f /E\ LU ± o w « o 2 ■ I. I. - ts «Pag o 184 Instructions for completing the Standard Work Day and Reporting Resolution A B C D E F G H I J Name Social NYSLRS ID Title Current Standard Record of Not Pay Tier 1 Security Term Begin Work Day Activities Submitted Frequency Number & End Date Result Elected Officials John 0000 R11111111 Highway 1/1/2018- 8.00 32.79 Weekly Smith Superintendent 12/31/2019 Michell 1111 R11111111 Town Justice 1/1/2018- 6.25 X Bi-Weekly X eJones 12/31/2018 Appointed Officials Joseph 2222 R22222222 Planning Board 1/1/2018- 7.00 17.54 Monthly Grey Member 12/31/2018 A. Name: The official's complete first and last name must be included for identification purposes. B. Social Security Number: The last four digits of the official's Social Security Number must be included for identification purposes. For security purposes,the last four digits of the Social Security Number can be omitted from the publicly posted version. C. NYSLRS ID: The official's NYSLRS ID must be included for identification purposes. For security purposes, the NYSLRS ID can be omitted from the publicly posted version. D. Title:All paid elected and appointed officials (who are active members of the Retirement System)and are not paid hourly and do not participate in a employer's time keeping system that consists of a daily record of actual time worked and time charged to accruals must be listed. For the purpose of the regulation, an "appointed official" is someone who is appointed by an elected official, an appointed official or governing board. They hold an office in an organization or government and participate in the exercise of authority.This also includes appointees of elected and appointed officials such as deputies,assistants or confidential secretaries. E. Current Term Begin & End Dates: All officials listed on the Resolution must have a specified Term End date. Leaving this column blank or listing `Tenure/At Pleasure' is not acceptable. If the official does not have a designated term, the current term for the official who appointed them to the position should be used. If they are appointed by the governing board, the chairman of the board's term should be used. F. Standard Work Day: The minimum number of hours that can be established for a standard work day (SWD) is six, while the maximum is eight. A SWD is the denominator to be used for the days worked calculation; it is not necessarily always the number of hours a person works. For example, if a board member only attends one three-hour boarding meeting per month, you must still establish a SWD between six and eight hours as the denominator for their record of activities(ROA)calculation. G. Record of Activities Result*:This column must be left blank if an official does not submit their required sample three-month ROA. To determine the average number of days worked per month, you must divide the total number of hours documented on the three- month ROA by three months to get a one-month average number of hours worked. Then, the one-month average number of hours worked must be divided by the SWD to get the average number of days worked per month. H. Not Submitted: This column must be checked if an official has not submitted the required sample three-month ROA within the 150 day requirement, regardless of whether they are being reported by another employer for the same period. If the Retirement System receives such a Resolution, it will contact the official to notify them of the consequences of not submitted the ROA. I. Pay Frequency: This column should be filled in with one of the following options:Annually, Bimonthly, Biweekly, Monthly, Quarterly, Semi-annually or Weekly. J. Tier 1: If the official is a Tier 1 member,this box should be checked. Tier 1 members are not required to keep a ROA. Once passed, the Resolution must be posted on your public website for a minimum of 30 days or if a website isn't available to the public, on the official sign-board or at the main entrance to the clerk's office. A certified copy of the Resolution and Affidavit of Posting must be filed with the Office of State Comptroller within 45 days of the adoption. The Resolution and Affidavit can be submitted via the Submit Resolution for Official link in Retirement Online. *To determine the number of days worked to include on the monthly report for the various payroll frequencies, please refer to the Calculating Days Worked instructions available in the`Reporting Elected &Appointed Officials'section of our website: Page 87 Of 184 http://www.osc.ny.gov/yeti rement/employers/reporting-ea-officials/overview g o ul `" m Town of Mamaroneck Town Center FOUNDED 1661 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 CC: Tracy Yogman, Town Comptroller Re: Fire Claims 9-30-24 Date: September 30, 2024 Action Requested: Resolved that the Board of Fire Commissioners hereby approves the attached list of fire claims. Page 88 of 184 u_rt1;' 'rn Town of Mamaroneck Comptroller, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Date: September 30, 2024 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: Fire Claims 9-30-24 General: Attached is the list of fire claims for approval. Attachment/s: FIRE CLAIMS 9-30-24 Page 89 of 184 Town of Mamaroneck From: Tracy Yogman - Town Comptroller Re: Fire Claims Date: SEPTEMBER 30, 2024 The following Town of Mamaroneck Fire Department claims have been certified by Chief Thomas Broderick and submitted to the Comptroller's Office for payment: VENDOR DESCRIPTION Amount AM Emergency Supply Co., Inc Two firefighting helmets $ 985.60 Knox key secures, office supplies, Knox box, plotter paper, Amazon.Com headlights, batteries, minitor carriage case, 2pk picture frame $ 628.18 Chatsworth Cleaners Uniform cleaning -Aug 2024 $ 14.00 Cloud Flare Inc. Cloudflare Pro Plan Sept 2024-Sept 2025 $ 240.00 Grainger Trimmer line $ 49.12 8/20-9/3/24 Uniform - Napolitano hat,Aubry shorts,Bigham shirt& Galls shorts,Inella supplies,Brady clothes,t-shirts $ 610.63 Galls Unifors for New Hire- Murnane $ 618.76 Home Depot Supplies $ 171.97 Iron Compass OnScene Explorer Software subscription 9/2024-8/2025 $ 1,950.00 KRB Supply Inc PVC fittings, cement, wire, epoxy paint,sand mix, $ 137.47 SG Fire Protection Kitchen hood cleaning $ 475.00 The Flower Bar Wreath for 9/11 Ceremony $ 190.00 Town of Mam'k Fire Dept Food for Truck OPS Drill 9/17/24 $ 215.69 Total $ 6,286.42 Page 90 of 184 m Town of Mamaroneck X Town Center FOUNDED 1661 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 CC: Tracy Yogman, Town Comptroller Re: 2024 Capital Budget Amendments Date: September 30, 2024 Attached please find a memo from Tracy Yogman, Town Comptroller, regarding 2024 Capital Budget Amendments. Action Requested: Resolved that the Town Board hereby authorizes the Comptroller to make the necessary budget amendments, as presented. Page 91 of 184 u_r "v t1; n Town of Mamaroneck Comptroller, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Date: September 30, 2024 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: 2024 Capital Budget Amendments General: In compliance with the Budget Policy, the following 2024 capital budget amendments are recommended for approval. 1-Police Evidence Locker (H3186) Funding for a shed to store police evidence is available in the capital budget. A new pass- through evidence locker will be installed in the Police Dept rather than utilizing an outside shed. Additional funding is needed to complete the project. A budget amendment to transfer savings from Part Town operating funds is recommended below. 2- Country Lane Water Main (H1395) This project was completed and has a small remaining balance. A budget amendment to return the funds to the Water Fund is recommended below. 3. East Valley Stream Bridge BAN (H5092) In 2023, the Town issued a Bond Anticipation Note (BAN)while waiting for EMA funding to be awarded. The Town received FEMA funds for approximately 97% of the cost of the project. As a result, the Town paid off the $480,000 BAN in full in September 2024. A budget amendment is recommended below to transfer the funds from the Capital Fund to the General Fund for the payment. 4. Message Boards/Light Tower (H5185) A small balance is remaining from the purchase of message boards/light towers funded with American Rescue Plans funds.. A budget amendment is recommended below to transfer the balance to the Town Center Generator. Page 92 of 184 Attachment/s: 2024 CAPITAL BUDGET AMENDMENTS - September 30, 2024 Page 93 of 184 Q3 2024 CAPITAL BUDGET AMENDMENTS CAPITAL FUND (FUND H) 1 Expense H3186-0400 Evidence Locker Increase 18,000.00 Revenue H3186-5032 Transfer from B(H3186) Increase (18,000.00) Expense H3186-0400 Evidence Locker Increase 12,000.00 Expense H3186-0400 Police-Shed Decrease (12,000.00) 2 Expense H1395-0400 Country Lane Water Main Decrease (208.69) Expense H1395-9904 Transfer to Water (H1395) Increase 208.69 3 Expense H5092-9901 TransfertoA Increase 480,000.00 Revenue H5092-5731 Debt extinguished Increase 480,000.00 4 Expense H5185-0400 Message Boards/Light tower Decrease (141.12) Revenue H5185-5995 Appropriated Fund Balance Increase 141.12 Expense H1603-0400 Town Center Generator Increase 141.12 Revenue H1603-5995 Appropriated Fund Balance Increase 141.12 PART TOWN (FUND B) 1 Expense B9900-9950 Transfer to Capital (H3186) Increase 18,000.00 Expense B3120-2122 Radios& Pagers Decrease (17,000.00) Expense B3120-4017 Seminars/Conferences Decrease (1,000.00) WATER FUND (FUND SW) 2 Expense SW9900-5040 Transfer from Capital (H1395) Increase 208.69 Expense SW9900-5995 Appropriated Fund Balance (H139 Decrease (208.69) Page 94 of 184 m Town of Mamaroneck X Town Center FOUNDED 1661 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: 2024 Operating Budget Amendments Date: September 30, 2024 Attached please find a memo from Tracy Yogman, Town Comptroller, regarding 2024 Operating Budget amendments. Action Requested: Resolved that the Town Board hereby authorizes the Comptroller to make the necessary budget amendments, as presented. Page 95 of 184 u_r "v t; rn Town of Mamaroneck Comptroller, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Date: September 30, 2024 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: 2024 Operating Budget Amendments General: In compliance with the Budget Policy the following 2024 Operating Budget amendments are recommended for approval as they increase appropriations. 1.Assistant Skate Director Position (Fund A) The new Skate Director at the Ice rink cannot fulfill the total number of hours required. Two assistant skate director positions will be added to the budget to fulfill the schedule. A total of 40 hrs for the remainder of 2024 will be transferred to the two new Assistant Skate Director positions at$30/hr. 2. Police Ammunition (B3120-4195) A large increase in the cost of ammunition is expected when the NYS contract for the when the contract is renewed in October 2024. The 2025 annual purchase of ammunition will be made in 2024 prior to the renewal so that the Town can purchase at the lower cost. As a result, the 2025 police budget will not include funding for ammunition. A budget amendment to transfer funds is recommended below for the purchase. 3. General Fund (Various) Budget transfers for various accounts are needed as a result of the Q3 review. The most significant includes additional funding for property appraisals, seasonal salaries for the camp program and payment of the BAN that was not needed for the East Valley Stream Bridge. A budget amendment is recommended below for these items. 4. Special Duty(B3120-1529) Police special duty has exceeded the original budget and as a result a budget amendment is recommended to increase the expense and the associated revenue. Page 96 of 184 Attachment/s: 2024 OPERATING BUDGET AMENDMENTS - September 30, 2024 Page 97 of 184 Q3 2024 OPERATING BUDGET AMENDMENTS GENERAL FUND(FUND A) 1 Expense A7265-1021 Assistant Skate Director- Rec Super Increase 1,200.00 Expense A7265-1021 Skate Director- Rec Super Decrease (1,200.00) 3 Expense A1355-4108 Appraiser Increase 15,100.00 Expense A1450-4130 Election Fees-Westchester County Increase 3,024.00 Expense A1900-4050 Contingency Increase 49,872.25 Expense A7265-4276 Rink Security Increase 12,032.50 Expense A7310-1021 Youth Programs-Seasonal Increase 15,971.25 Expense A9730-6000 Prinicpal- BAN Increase 384,000.00 Revenue A9000-5040 Transfer from H-BAN Increase 480,000.00 PART TOWN FUND(FUND B) 2 Expense B3120-4195 Amunition Increase 14,000.00 Expense B1900-4050 Contingnecy Decrease (14,000.00) 4 Expense B3120-1029 Police-Special Duty Overtime Increase 25,000.00 Revenue B3120-1529 Police-Special Duty Revenue Increase 25,000.00 Page 98 of 184 7. ul 1 rri Town of Mamaroneck in # x Town Center FOUNDED 1661 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: Authorization for Audit Services Contract- EFPR Group, CPAs Date: September 30, 2024 Attached please find a memo from Town Comptroller, Tracy Yogman regarding the renewal of a 3 year contract from EFPR Group, CPAs for required auditing services. As you can see in Tracy's letter, the Town's experience with EFPR Group has been very positive. Action Requested: Resolved that the Town Board hereby awards the proposed contract to EFPR Group, CPAs for auditing services for 2024-2026 at a total cost of$153,000 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 99 of 184 6 us ri Town of Mamaroneck Comptroller, Town Center -OUNQED 16151 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 @townofmamaroneckNY.org Date: September 30, 2024 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: Authorization for Audit Services Contract- EFPR Group, CPAs General: EFPR Group ("EFPR") has performed the Town's annual audit for the last three years beginning with the 2021 audit in compliance with Government Auditing Standards. The audit includes The Town's Annual Financial Statement Audit, the Town Justice Court Audit and Federal and NYS DOT single audits, if needed. The Town Board authorized a three year contract that has expired with the 2023 audit. EFPR has performed each of the last three audits in a professional and expedient manner. They have been responsive to the Comptroller, has utilized the Town's new financial system to perform the audit and has met all required reporting deadlines. The audits have been efficient with a highly competent team of professionals. The firm has provided a report of the audit results directly to the Town Board each year and has responded to all questions and concerns. EFPR Group is located in Williamsville, NY, has over 175 governmental clients and employs 200 professionals with 41 partners/directors. The firm has confirmed their independence of the Town of Mamaroneck. The engagement partner will be Douglas E. Zimmerman who has over 34 years experience and is the partner for numerous municipal clients. Attached please find the price proposed by EFPR Group for each of the three years 2024- 2026 for a total of $153,000 or a $14,250 increase. The increase includes $9k over the next three years for the additional work needed to submit the audited financial statements for the annual Government Finance Officers Association Award. The balance of $5,250 is essentially a 3.25% increase. Attachment/s: Town of Mamaroneck 2024-2026 EFPR CPAs Auditing Services Proposal Page 100 of 184 �EFPRG 01.JRC3,6\5- 6390 Main Street,Suite 200 Williainsvilie_NY 14221. P 716.634.0700 TF 800.546,7556 F 716.634.0764 w EFPRgroup,com September 5,2024 Ms. Tracy Yogman, CPA Town Comptroller& Receiver of Taxes Town of Mamaroneck 740 West Boston Post Road Mamaroneck, New York 10543 Dear Tracy: We are providing a three year fee proposal to continue to provide audit and related services to Town of Mamaroneck (the Town). The EFPR Group, CPAs,PLLC considers the Town to be one of our premier clients and values the relationship that we have with your organization. As a sign of our desire to continue working with the Town, we propose the following fee structure for the three years ending December 31, 2024 through 2026: 2024 2025 2026 Financial statement audit $ 39,950 41,250 42,550 Federal and NYS DOT single audits, if required 5,000 5,000 5,000 Town Justice Court audit 1,750 1,750 1,750 ACFR preparation 3,000 3,000 3,000 Total $ 49,700 51,000 52,300 Should the above be agreeable to the Town, please sign the acceptance below and return a copy of this letter to our office. Very truly yours, EFPR GROUP, CP , PLLC Dou , Zimmerman, CPA P er Accepted by Town of Mamaroneck: Name Title Page 101 of 184 EFPRGRoURCPAs 6390 Main Street,Suite 200 Williamsville,NY 14221 P 716.634.0700 TF 800,546,7556 F 716.634.0764 W EFPRgroup.com September 5, 2024 Ms. Tracy Yogman, CPA Town Comptroller& Receiver of Taxes Town of Mamaroneck 740 West Boston Post Road Mamaroneck,New York 10543 Dear Tracy: Attached are our engagement letters to provide audit and related services to Town of Mamaroneck for the year ending December 31, 2024. If the terms of the letters are satisfactory to you, please sign the letters and email a copy of the signed letters to me at your convenience. Please call me if you have any questions. Very truly yours, EFPR GROUP, CPAs, PLLC e2 Douglas E. Zimmerman, CPA Partner DEZ:kms Enclosure Page 102 of 184 EFPRGROURCPAs 6390 Main Street,State 260 Willlarnsville,NY 14221 P 716.634 0700 rF 800.546.7556 F 716.634.0764 W FFPRgrnup corn September 5, 2024 Ms. Tracy Yogman, CPA Town Comptroller& Receiver of Taxes The Town Board Town of Mamaroneck 740 West Boston Post Road Mamaroneck,New York 10543 Dear Ms. Yogman: We are pleased to confirm our understanding of the services we are to provide for Town of Mamaroneck(the Town) for the year ending December 3I, 2024. Audit Scope and Objectives We will audit the financial statements of the governmental activities, the discretely presented component units, each major fund, and the aggregate remaining fund information, including the disclosures, which collectively comprise the basic financial statements, of the Town as of and for the year ending December 31, 2024. Accounting principles generally accepted in the United States of America (GAAP) provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to supplement the Town's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the Town's RSI in accordance with auditing standards generally accepted in the United States of America (GARS). These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient appropriate evidence to express an opinion or provide any assurance. The following RSI is required by GAAP and will be subjected to certain limited procedures,but will not be audited: 1) Management's Discussion and Analysis 2) Schedule of Revenue, Expenditures and Changes in Fund Balance - Budget to Actual Schedules 3) Schedule of Changes in the Town's Total OPEB Liability and Related Ratios 4) Schedule of Changes in the Town's LOSAP Liability and Related Ratios 5) Schedule of the Town's Proportionate Share of the Net Pension Asset/Liability 6) Schedule of the Town's Pension Contributions Page 103 of 184 Ms. Tracy Yogman, CPA September 5, 2024 Page 2 We have also been engaged to report on supplementary information other than RSI that accompanies the Town's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with GAAS, and we will provide an opinion on it in relation to the financial statements as a whole in a report combined with our auditors' report on the financial statements. 1) Schedule of Expenditures of Federal Awards 2) Combining Balance Sheet - Special Districts Fund 3) Combining Schedule of Revenue, Expenditures and Changes in Fund Balances - Special Districts Fund 4) Combining Balance Sheet -Nonmajor Governmental Funds 5) Combining Schedule of Revenue, Expenditures and Changes in Fund Balances - Nonmajor Governmental Funds 6) Project-Length Schedule - Capital Projects Fund In connection with our audit of the basic financial statements, we will read the following other information and consider whether a material inconsistency exists between the other information and the basic financial statements, or the other information otherwise appears to be materially misstated. If, based on the work performed, we conclude that an uncorrected material misstatement of the other information exists, we are required to describe it in our report. 1) The Introductory Section 2) The Statistical Section The objectives of our audit are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and issue an auditors' report that includes our opinions about whether your financial statements are fairly presented, in all material respects, in conformity with GAAP, and report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing Standards will always detect a material misstatement when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment of a reasonable user made based on the financial statements. The objectives also include reporting on: • Internal control over financial reporting and compliance with provisions of laws, regulations, contracts, and award agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards. Page 104 of 184 Ms. Tracy Yogman, CPA September 5, 2024 Page 3 • Internal control over compliance related to major programs and an opinion (or disclaimer of opinion) on compliance with federal statutes, regulations, and the terms and conditions of federal awards that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Auditors' Responsibilities for the Audit of the Financial Statements and Single Audit We will conduct our audit in accordance with GAAS; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of the Uniform Guidance, and will include tests of accounting records, a determination of major program(s) in accordance with Uniform Guidance, and other procedures we consider necessary to enable us to express such opinions. As part of an audit in accordance with GAAS and Government Auditing Standards, we exercise professional judgment and maintain professional skepticism throughout the audit. We will evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management. We will also evaluate the overall presentation of the financial statements, including the disclosures, and determine whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the Town or to acts by management or employees acting on behalf of the Town. Because the determination of waste and abuse is subjective, Government Auditing Standards do not expect auditors to perform specific procedures to detect waste or abuse in financial audits nor do they expect auditors to provide reasonable assurance of detecting waste or abuse. Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is an unavoidable risk that some material misstatements or noncompliance may not be detected by us, even though the audit is properly planned and performed in accordance with GAAS and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or on major programs. However, we will inform the appropriate level of management of any material errors, any fraudulent financial reporting, or misappropriation of assets that come to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. We will also conclude, based on the audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the Town's ability to continue as a going concern for a reasonable period of time. Page 105 of 184 Ms. Tracy Yogman, CPA September 5, 2024 Page 4 Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, tests of the physical existence of inventories, and direct confirmation of receivables and certain assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will also request written representations from your attorneys as part of the engagement. We have identified the following significant risks of material misstatement as part of our audit planning: • Management override of controls • Improper revenue recognition Note that planning has not concluded and modifications may be made. We may, from time to time and depending on the circumstances, use third-party service providers in serving your account. We may share confidential information about you with these service providers but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third-party service provider. Furthermore, we will remain responsible for the work provided by any such third-party service providers. Our audit of financial statements does not relieve you of your responsibilities. Audit Procedures—Internal Control We will obtain an understanding of the Town and its environment, including the system of internal control, sufficient to identify and assess the risks of material misstatement of the financial statements, whether due to error or fraud, and to design and perform audit procedures responsive to those risks and obtain evidence that is sufficient and appropriate to provide a basis for our opinions. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentation, or the override of internal control. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. Page 106 of 184 Ms. Tracy Yogman, CPA September 5, 2024 Page 5 As required by the Uniform Guidance, we will perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to the Uniform Guidance. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. Accordingly, we will express no such opinion. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards, Government Auditing Standards, and the Uniform Guidance. Audit Procedures—Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the Town's compliance with provisions of applicable laws, regulations, contracts, and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance, and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. The Uniform Guidance requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with federal statutes, regulations, and the terms and conditions of federal awards applicable to major programs. Our procedures will consist of tests of transactions and other applicable procedures described in the OMB Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the Town's major programs. For federal programs that are included in the Compliance Supplement, our compliance and internal control procedures will relate to the compliance requirements that the Compliance Supplement identifies as being subject to audit. The purpose of these procedures will be to express an opinion on the Town's compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to the Uniform Guidance. Responsibilities of Management for the Financial Statements and Single Audit Our audit will be conducted on the basis that you acknowledge and understand your responsibility for (1) designing, implementing, establishing, and maintaining effective internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, including internal controls over federal awards, and for evaluating and monitoring ongoing activities to help ensure that appropriate goals and objectives are met; (2) following laws and regulations; (3) ensuring that there is reasonable assurance that government programs are administered in compliance with compliance requirements; and (4) ensuring that management and financial information is reliable and properly reported. Management Page 107 of 184 Ms. Tracy Yogman, CPA September 5, 2024 Page 6 is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles; for the preparation and fair presentation of the financial statements, schedule of expenditures of federal awards, and all accompanying information in conformity with GAAP; and for compliance with applicable laws and regulations (including federal statutes), rules, and the provisions of contracts and grant agreements (including award agreements). Your responsibilities also include identifying significant contractor relationships in which the contractor has responsibility for program compliance and for the accuracy and completeness of that information. You are also responsible for making drafts of financial statements, schedule of expenditures of federal awards, all financial records, and related information available to us; for the accuracy and completeness of that information (including information from outside of the general and subsidiary ledgers); and for the evaluation of whether there are any conditions or events, considered in the aggregate, that raise substantial doubt about the Town's ability to continue as a going concern for the 12 months after the financial statements date or shortly thereafter (for example, within an additional three months if currently known). You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, such as records, documentation, identification of all related parties and all related-party relationships and transactions, and other matters; (2) access to personnel, accounts, books, records, supporting documentation, and other information as needed to perform an audit under the Uniform Guidance; (3) additional information that we may request for the purpose of the audit; and (4) unrestricted access to persons within the Town from whom we determine it necessary to obtain audit evidence. At the conclusion of our audit, we will require certain written representations from you about the financial statements; schedule of expenditures of federal awards; federal award programs; compliance with laws, regulations, contracts, and grant agreements; and related matters. Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements of each opinion unit taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the Town involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the Town received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the Town complies with applicable laws, regulations, contracts, agreements, and grants. You are also responsible for taking timely and Page 108 of 184 Ms. Tracy Yogman, CPA September 5, 2024 Page 7 appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts, and grant agreements that we report. Additionally, as required by the Uniform Guidance, it is management's responsibility to evaluate and monitor noncompliance with federal statutes, regulations, and the terms and conditions of federal awards; take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings; promptly follow up and take corrective action on reported audit findings; and prepare a summary schedule of prior audit findings and a separate corrective action plan. The summary schedule of prior audit findings should be available for our review. You are responsible for identifying all federal awards received and understanding and complying with the compliance requirements and for the preparation of the schedule of expenditures of federal awards (including notes and noncash assistance received, and COVID-19-related concepts, such as lost revenues, if applicable) in conformity with the Uniform Guidance. You agree to include our report on the schedule of expenditures of federal awards in any document that contains, and indicates that we have reported on, the schedule of expenditures of federal awards. You also agree to include the audited financial statements with any presentation of the schedule of expenditures of federal awards that includes our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the schedule of expenditures of federal awards in accordance with the Uniform Guidance; (2) you believe the schedule of expenditures of federal awards, including its form and content, is stated fairly in accordance with the Uniform Guidance; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the schedule of expenditures of federal awards. You are also responsible for the preparation of the other supplementary information, which we have been engaged to report on, in conformity with GAAP. You agree to include our report on the supplementary information in any document that contains, and indicates that we have reported on, the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with GAAP; (2) you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements, performance audits, or other studies related to the objectives discussed in the Audit Scope and Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions for the report, and for the timing and format for providing that information. Page 109 of 184 Ms. Tracy Yogman, CPA September 5, 2024 Page 8 Other Services We will also assist in preparing the financial statements in compliance with Government Finance Officers Association (GFOA), schedule of expenditures of federal awards, and related notes of the Town in conformity with GAAP and the Uniform Guidance based on information provided by you. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. We will perform the services in accordance with applicable professional standards. The other services are limited to the financial statements, schedule of expenditures of federal awards, and related notes services previously defined. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities. You agree to assume all management responsibilities for the financial statements, schedule of expenditures of federal awards, and related notes, and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements, the schedule of expenditures of federal awards, and related notes and that you have reviewed and approved the financial statements, the schedule of expenditures of federal awards, and related notes prior to their issuance and have accepted responsibility for them. Further, you agree to oversee the nonaudit services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them. Engagement Administration, Fees, and Other We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing. At the conclusion of the engagement, we will complete the appropriate sections of the Data Collection Form that summarizes our audit findings. It is management's responsibility to electronically submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors' reports, and corrective action plan) along with the Data Collection Form to the Federal Audit Clearinghouse. We will coordinate with you the electronic submission and certification. The Data Collection Form and the reporting package must be submitted within the earlier of 30 calendar days after receipt of the auditors' reports or nine months after the end of the audit period. We will provide copies of our reports to the Town; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. Page 110 of 184 Ms. Tracy Yogman, CPA September 5, 2024 Page 9 The audit documentation for this engagement is the property of EFPR Group, CPAs, PLLC and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to a cognizant or oversight agency or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of EFPR Group, CPAs, PLLC personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by the cognizant or oversight agency. If we are aware that a federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. Thomas E. Smith is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. Douglas E. Zimmerman is the concurring, technical review partner. Our fee for these services will be as follows: Financial statement audit $ 39,950 Federal single audit, if required 5,000 ACFR preparation 3,000 Total $ 47,950 Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our peer review report accompanies this letter. Reporting We will issue written reports upon completion of our Single Audit. Our reports will be addressed to the Town Supervisor and Town Board of Town of Mamaroneck. Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature of these circumstances, it may be necessary for us to modify our opinions, add a separate section, or add an emphasis-of-matter or other-matter paragraph to our auditors' report, or if necessary, withdraw from this engagement. If our opinions are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or issue reports, or we may withdraw from this engagement. Page 111 of 184 Ms. Tracy Yogman, CPA September 5, 2024 Page 10 The Government Auditing Standards report on internal control over financial reporting and on compliance and other matters will state that (1) the purpose of the report is solely to describe the scope of testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Town's internal control or on compliance, and (2) the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Town's internal control and compliance. The Uniform Guidance report on internal control over compliance will state that the purpose of the report on internal control over compliance is solely to describe the scope of testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Both reports will state that the report is not suitable for any other purpose. We appreciate the opportunity to be of service to the Town and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the attached copy and return it to us. Very truly yours, EFPR GROUP, CPAs, PLLC Douglas E. Zimmerman, CPA Partner RESPONSE: This letter correctly sets forth the understanding of Town of Mamaroneck By: Title: Date: Page 112 of 184 Tax // Audit & Attestation // Consulting // Planning Lisa M. Altschaffl, CPA Joseph E. Petrillo, CPA DC Jeffrey P. Anzovino, CPA, MSA Stacey A. Sanders, CPA, CSEP JEO,uzlo Cole F. Bee CPA Daniel W. Wilkins, CPA & COMPANY, LLP REPORT ON THE FIRM'S SYSTEM OF QUALITY CONTROL May 25,2023 To the Partners of EFPR Group LLP and the National Peer Review Committee We have reviewed the system of quality control for the accounting and auditing practice of EFPR Group LLP (the firm) in effect for the year ended November 30, 2022. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants(Standards). A summary of the nature,objectives,scope,limitations of,and the procedures performed in a System Review as described in the Standards may be found at www.aiepa.org/prsummarv_. The summary also includes an explanation of how engagements identified as not performed or reported in conformity with applicable professional standards, if any, are evaluated by a peer reviewer to determine a peer review rating. Firm's Responsibility The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects.The firm is also responsible for evaluating actions to promptly remediate engagements deemed as not performed or reported in conformity with the requirements of applicable professional standards, when appropriate, and for remediating weaknesses in its system of quality control, if any. Peer Reviewer's Responsibility Our responsibility is to express an opinion on the design of the system of quality control and the firm's compliance therewith based on our review. Required Selections and Considerations Engagements selected for review included engagements performed under Government Auditing Standards, including compliance audits under the Single Audit Act and audits of employee benefit plans. As a part of our peer review, we considered reviews by regulatory entities as communicated by the firm, if applicable, in determining the nature and extent of our procedures. Opinion In our opinion,the system of quality control for the accounting and auditing practice of EFPR Group LLP,in effect for the year ended November 30, 2022, has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass;pass with deficiency(ies) or fail. EFPR Group LLP has received a peer review rating of pass. D # Av. , -, (oplezd i_Lp Deluzio& Company LLP A member of 351 Harvey Avenue,Suite A,Greensburg,PA 15601 // p-724-838-8322 // f-724-853-6500 e paa• 45 South 23rd Street,Suite 102,Pittsburgh, PA 15203 // p-412-481-1900 // f-412-481-1923 hwww.DeluzioCPA.com Page 113 of 184 LI"EFPRGROUPCPAsg 6390 Main Street,Suite 200 Williamsville.NY 14221 P 716.634.0700 TF 800_546.7556 F 716.634.0764 W EFPRgroup.com September 5,2024 Ms. Tracy Yogman, CPA Town Comptroller& Receiver of Taxes The Town Board Town of Mamaroneck 740 West Boston Post Road Mamaroneck,New York 10543 Dear Ms. Yogman: We are pleased to confirm our understanding of the services we are to provide Town of Mamaroneck Town Justice Court (the Justice Court) for the year ending December 31, 2024. Audit Scope and Objectives We will audit the financial statements of the cash receipts, cash disbursements, and cash balances, and the disclosures, which collectively comprise the basic financial statements of the Justice Court as of and for the year ending December 31, 2024. The objectives of our audit are to obtain reasonable assurance as to whether the financial statements as a whole are free from material misstatement, whether due to fraud or error; issue an auditors' report that includes our opinion about whether your financial statements are fairly presented, in all material respects, in conformity with the cash basis of accounting. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with auditing standards generally accepted in the United States of America (GAAS) will always detect a material misstatement when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment of a reasonable user made based on the financial statements. Auditors' Responsibilities for the Audit of the Financial Statements We will conduct our audit in accordance with GAAS and will include tests of your accounting records and other procedures we consider necessary to enable us to express such opinions. As part of an audit in accordance with GAAS, we exercise professional judgment and maintain professional skepticism throughout the audit. Page 114 of 184 Ms. Tracy Yogman, CPA September 5, 2024 Page 2 We will evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management. We will also evaluate the overall presentation of the financial statements, including the disclosures, and determine whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the Justice Court or to acts by management or employees acting on behalf of the Justice Court. Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is an unavoidable risk that some material misstatements may not be detected by us, even though the audit is properly planned and performed in accordance with GAAS. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform the appropriate level of management of any material errors, fraudulent financial reporting, or misappropriation of assets that comes to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. We will also conclude, based on the audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the Justice Court's ability to continue as a going concern for a reasonable period of time. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, tests of the physical existence of inventories, and direct confirmation of receivables and certain assets and liabilities by correspondence with selected customers, creditors, and financial institutions. We will also request written representations from your attorneys as part of the engagement. We may, from time to time and depending on the circumstances, use third-party service providers in serving your account. We may share confidential information about you with these service providers but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement,you will be asked to provide your consent prior to the sharing of your confidential information with the third-party service provider. Furthermore, we will remain responsible for the work provided by any such third-party service providers. Our audit of the financial statements does not relieve you of your responsibilities. Page 115 of 184 Ms. Tracy Yogman, CPA September 5, 2024 Page 3 Audit Procedures—Internal Control We will obtain an understanding of the Justice Court and its environment, including the system of internal control, sufficient to identify and assess the risks of material misstatement of the financial statements, whether due to error or fraud, and to design and perform audit procedures responsive to those risks and obtain evidence that is sufficient and appropriate to provide a basis for our opinions. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentation, or the override of internal control. An audit is not designed to provide assurance on internal control or to identify deficiencies in internal control. Accordingly, we will express no such opinion. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards. We have identified the following significant risks of material misstatement as part of our audit planning: • Management override of controls • Improper revenue recognition Note that planning has not concluded and modifications may be made. Audit Procedures—Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the Justice Court's compliance with the provisions of applicable laws, regulations, contracts, and agreements. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion. Responsibilities of Management for the Financial Statements Our audit will be conducted on the basis that you acknowledge and understand your responsibility for designing, implementing, and maintaining internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, including monitoring ongoing activities; for the selection and application of accounting principles; and for the preparation and fair presentation of the financial statements in conformity with the cash basis of accounting with the oversight of those charged with governance. Management is responsible for making drafts of financial statements, all financial records, and related information available to us; for the accuracy and completeness of that information (including information from outside of the general and subsidiary ledgers); and for the evaluation of whether there are any conditions or events, considered in the aggregate, that raise substantial doubt about the Justice Court's ability to continue as a going concern for the 12 months after the financial statements date or shortly thereafter (for example, within an additional three months if currently known). You are also responsible for providing us with (1) access to all information of which you Page 116 of 184 Ms. Tracy Yogman, CPA September 5, 2024 Page 4 are aware that is relevant to the preparation and fair presentation of the financial statements, such as records, documentation, identification of all related parties and all related-party relationships and transactions, and other matters; (2) additional information that we may request for the purpose of the audit; and (3) unrestricted access to persons within the Justice Court from whom we determine it necessary to obtain audit evidence. At the conclusion of our audit, we will require certain written representations from you about the financial statements and related matters. Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements of each opinion unit taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the Justice Court involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the Justice Court received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the Justice Court complies with applicable laws and regulations. Other Services We will also assist in preparing the financial statements of the Justice Court in conformity with the cash basis of accounting based on information provided by you. We will perform the services in accordance with applicable professional standards. The other services are limited to the financial statement services previously defined. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities. You agree to assume all management responsibilities for the financial statement preparation services and any other nonattest services we provide; oversee the services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of the services; and accept responsibility for them. Engagement Administration, Fees, and Other We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing. Page 117 of 184 Ms. Tracy Yogman, CPA September 5, 2024 Page 5 The audit documentation for this engagement is the property of EFPR Group, CPAs, PLLC and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to a cognizant or oversight agency or its designee. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of EFPR Group, CPAs, PLLC personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the cognizant or oversight agency or its designee. The cognizant or oversight agency or its designee may intend or decide to distribute the copies or information contained therein to others, including other governmental agencies. Thomas E. Smith is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. Douglas E. Zimmerman is the concurring, technical review partner. Our fee for these services will be $1,750. Reporting We will issue a written report upon completion of our audit of the Justice Court's financial statements. Our report will be addressed to the Town Supervisor and Town Board of Town of Mamaroneck Town Justice Court. Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature of these circumstances, it may be necessary for us to modify our opinions, add a separate section, or add an emphasis-of-matter or other-matter paragraph to our auditors' report, or if necessary, withdraw from this engagement. If our opinions are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or withdraw from this engagement. Page 118 of 184 Ms. Tracy Yogman, CPA September 5, 2024 Page 6 We appreciate the opportunity to be of service to the Justice Court and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the attached copy and return it to us. Very truly yours, EFPR GROUP, CPAs, PLLC Douglas E. Zimmerman, CPA Partner RESPONSE: This letter correctly sets forth the understanding of Town of Mamaroneck Town Justice Court By: Title: Date: Page 119 of 184 0 ul 0 1 rri Town of Mamaroneck Town Center FOUNDED 1661 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: 2024 Declaration & Sale of Surplus Vehicles Date: September 30, 2024 Attached please find a list of equipment from Fleet Manager, Michael Pinto regarding surplus vehicles. As you know, in order to sell these vehicles, the Town Board must declare them as surplus and authorize their sale or disposal. . Action Requested: Resolved that the Town Board hereby declares these items as surplus and authorizes their sale or disposal. Attachment/s: 2024 Declaration & Sale of Surplus Vehicles Page 120 of 184 SURPLUS AUCTION—2024 Fleet#88 (Pool) 2009 FORD FOCUS AC-3877 VIN# 1 FAHP34N09W239974 13,694 miles Fleet#89 (Pool) 2009 FORD FOCUS AC-3876 VIN# 1FAHP34W99W239973 15,908 miles Fleet#171(Highway) 2005 CATERPILLAR 930G AC-3915 VIN#CAT0930GKTWR01228 4800 hours Fleet#26 (Recreation) 2005 FORD ESCAPE HYBRID AX-4340 VIN# 1 FMYU96HX5KE01054 69395 miles Fleet#47 (Police) 2017 FORD UTILITY CAR 7 VIN# 1FM5K8AR6HGD92704 54881 miles Fleet#2 (Police) 2014 FORD EXPLORER HFJ-6281 VIN# 1 FM5K8AR2EGC49860 65412 miles Fleet#1 (Police) 2013 FORD EXPLORER JGK-1057 VIN# 1FM5K8B88DG21028 94751 miles Fleet#45 (Police) 2017 FORD UTILITY CAR 18 HFJ-6263 VIN# 1FM5K8AR9HGA24162 72101 miles Fleet#43 (Police) 2015 FORD INTERCEPTOR CAR 19 VIN# 1 FAHP2MK8FG 159831 54397 miles Fleet#48 (Police) 2017 FORD UTILITY CAR 20 VIN# 1 FM5K8AR8HGD92705 57964 miles Fleet#46 (Police) 2017 FORD UTILITY CAR 21 VIN# 1 FM5K8ARGHGA17413 67992 miles Fleet#41 (Police) 2014 FORD INTERCEPTOR CAR 23 VIN# 1FAHP2MK5EG186354 53731 miles Fleet#40 (Police) 2014 FORD INTERCEPTOR CAR 3 Page 121 of 184 VIN# 1FAHP2MK5EG122329 68286 miles Fleet#39 (Police) 2014 FORD INTERCEPTOR CAR 18 VIN# 1 FAHP2MK9EG126030 25265 miles Fleet#210 (Highway)2003 MOBACK CHIPPER MODEL 13 TORNADO VIN#4585216173W023808 2590 hours Fleet#94 (Recreation)2011 FORD F250 PICKUP AC-3878 VIN# 1 FTBF2B65BEA86271 18032 miles Fleet#238 (Highway)2010 INTERNATIONAL 7400 AC-3861 VIN# 1HTWDA2R9AJ283891 32145 miles Fleet#109 2007 MACK CTP713 AC-3893 VIN# 1 M2AT04C07M0668 67748 miles Fleet#122 (Sanitation)2013 HINO 338 AC-3881 VIN#SPVNV8JM1 D4S50479 67887 miles Fleet#236 (Highway)2008 FORD F250 PICKUP AC-3859 VIN# 1 FTSF21 R88EE40420 56775 miles Fleet#241 (Highway)2012 KENWORTH T370 HYBRID BE-1688 VIN#2NKHHM8A8CM297881 26637 miles Fleet#507 (Sanitation)2007 FORD F250 PICKUP (TIPPER) AW-1950 VIN# 1 FTSF21 RX8EC59447 48245 miles Page 122 of 184 7. ul 1 rri Town of Mamaroneck in # x Town Center FOUNDED 1661 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: Speed Humps on Colonial Avenue Date: September 30, 2024 As you may recall, as a result of numerous requests to the Traffic Committee over the past several years, in particular, staff prepared a Speed Hump Policy that the Traffic Committee recommended, and the Town Board adopted. This new policy will now be implemented with the first request that meets the requirements. Staff has reviewed the request and found three (3) potential speed hump locations (photo attached) which would comply with the Town's speed hump policy. Staff is recommending consideration of the speed hump installation (in locations to be further determined) on a temporary basis to allow for further evaluation, as per the policy. It should be noted that the Town recently received funding through the NYSDOT Transportation Alternatives Program (TAP) for design and construction of a new sidewalk on Colonial Avenue between the intersections of Daymon Terrace and Weaver Street. This project may delay the decision on permanent installation of the speed humps to provide time to design and evaluate the impact of both projects. If the eventual placement of permanent speed humps is approved, the work will be coordinated with the design development process for the new sidewalk. Action Requested: Resolved that the Town Board hereby approves the recommendation of the Traffic Committee to move forward with the installation of speed humps on Colonial Avenue and, in accordance with the Town's Speed Hump policy, hereby authorizes the monitoring and evaluation of the temporary speed hump conditions to determine the appropriateness of permanent installation in the future. Attachment/s: Traffic Committee Recommendation - Speed Hump Pilot Page 123 of 184 Mapping Westchester County tI_ / - • • , .4 r 4010A-\ 0. • ,# - .: . t i 7"�"�"� . , N44tN • . . a ". , • 0- I.,1 li. V. ,,, ii • f -;:z, - •`s, ,I * 4N / N z-., . p 4. I Nk / +v:- 5 / °off • . .110 n „! ., i � 2 ',...../' • �� Maaratmedtc i,, ,. .. _ _ ,_,._.,. „'I..;1' ,:.; 1, 1 ,.. �_. . • • o ,, . , ,�` Town , ,� ai % . N/� ,, i AREAS ELIGIBLE l' FOR SPEED HUMP ® �' ;, PLACEMENT A . BASED UPON ENG. • o, ✓ CRITERIA \ \,''"4)*4 / \ - \ lum, .1 \. .,, .. '/,' \`<‘' ". • 41* • . . ir •, ,Fik•Enaironedic ,, n * ...4.4 .. ,.. , i ,, ititi [ : V 0 105 210 420 7/26/2024, 10:50:32 AM 1:2,257 ft L..; Municipal Boundaries N http://giswwwwestchestergov.com A Michaelian Office Building white �����?CD� TO: Meredith Robson, Town Administrator FROM: Lieutenant Thomas Hollywood RE: Colonial Ave Speed Hump Request DATE: September 11, 2024 I have reviewed the resident request for the installation of a speed hump on Colonial Ave . After careful consideration and review of the Town of Mamaroneck speed hump policy, the following are my comments and concerns : • Speed Data analysis was done on two separate occasions (2022 and 2023) , both surveys revealed that speeding is not an issue on Colonial Ave . • This department has observed a low rate of violations when conducting traffic enforcement in this area. • This route is not a primary emergency route nor a primary access route for Murray Ave School, this route may be utilized by responding police department personnel as a secondary route . Submitted for your information Pagfe Ibfl 8 m Town of Mamaroneck X Town Center FOUNDED 1661 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: 2024-2025 Leaf Disposal Agreement Date: September 30, 2024 Attached is a proposal from Moriarty Service for the disposal of leaves at its site at 24 Valley Place, Larchmont. This contract covers both material disposal at the site as well as the Town's obligation to pay tonnage fees. Moriarty Services Inc. submitted a responsive and complete proposal and has regularly provided this service to the Town in past years. Action Requested: Resolved that the Town Board hereby approves the agreement between the Town of Mamaroneck and Moriarty Service for the disposal of leaves from October 14, 2024 through January 12, 2025 for a total of $25,000 for facility use, plus applicable tonnage fees charged by Westchester County Environmental facilities and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachment/s: 2024-2025 MORIARTY AGREEMENT FOR LEAVES DISPOSAL Page 126 of 184 • MORIARTILT ., s 41 SERVICE f; 24 VALLEY PLACE LARCHMONT, NY 10538 Email: kfate©moriartytree.com 845-795-5044 September 19,2024 AGREEMENT BETWEEN MORIARTY SERVICES INC AND THE TOWN OF MAMARONECK FOR THE DISPOSAL OF FALL LEAVES This letter of agreement between Moriarty Services Inc.and the Town of Mamaroneck provides for the terms and conditions under which fall leaves may be delivered by the Town to the Moriarty facility at 24 Valley Place,Larchmont,NY. 1. All materials delivered shall comply with the requirements for the disposal of fail leaves set forth by the County of Westchester Department of Environmental Facilities. 2. Moriarty Services Inc.shall operate the site at 24 Valley Place in compliance with all applicable laws, rules and regulations. Moriarty Services Inc,shall maintain applicable permits to operate as required by Westchester County and the New York State Department of Environmental Conservation. 3. Moriarty Services Inc.shall make 24 Valley Place available for disposal of fall leaves between October 14,2024 and January 12,2025 at those times and days when the Town of Mamaroneck is conducting leaf disposal activities. 4. Town vehicles shall enter the facility to deliver fall leaves.The leaves will be loaded into trailers operated by Moriarty Services Inc.and transported to Moriarty composting facility. All loaded trailers shall be weighed at a certified scale. Moriarty Services Inc.hereby agrees that the Town shall be billed for no more than 2500 tons of leaves disposed. The Town and Moriarty Services Inc.agree that amount can vary by no more than 5%. 5. The Town shall maintain a log of all trips into the transfer facility. Page 127 of 184 6. The fee for the use of the facility and services described in this agreement shall be$25,000.00. The use fee will permit the Town to make an unlimited number of trips into the Valley Place facility between October 14,2024 and January 12,2025. The fee for the final disposal of the leaves shall be the then current fee as charged by the Westchester County Department of Environmental facilities up to the maximum tonnage as specified in Section 4 of the agreement. Billing for final disposal shall be accompanied by weigh tickets or other certification of the tonnage of leaves delivered for final disposal. 7. These prices are based on leaves only. A small amount of brush will be deemed acceptable. However,if large amounts of brush start to appear prices will be subject to change. B. This letter of agreement may be terminated by either of the parties upon 45 days notices to the other. John Moriarty Meredith Robsom Page 128 of 184 m Town of Mamaroneck X Town Center FOUNDED 1661 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: Revision to "Limitations of Parking Boat Trailers on Public Highways" Law Date: September 30, 2024 Attached are revisions submitted by Town Attorney, William Maker, to "Limitation of Parking Boat Trailers on Public Highways" Law which were discussed at the September 18, 2024 Town Board meeting. If the Board is satisfied with the current revisions, Bill recommends setting a public hearing for the October 16, 2024 Town Board meeting. Action Requested: Resolved that the Town Board hereby sets a public hearing for "Limitation of Parking Boat Trailers on Public Highways" Law for the October 16, 2024 Town Board meeting. Attachment/s: "Limitation of Parking Boat Trailers on Public Highways" Law Rvsd 9.18.24 Page 129 of 184 c a Town of Mamaroneck ' n County of Westchester 740 West Boston Post Road,Mamaroneck,NY 10543-3353 FOUNDED 1E61 COUNSEL TEL: 914/381-7815 FAX: 914/381-7809 WMakerJr@TownofMamaroneckNY.org MEMORANDUM To: Members of the Town Board cc: Meredith S. Robson,Town Administrator Allison May, Town Clerk From: William Maker,Jr., Attorney for the Town Subject: Boat Trailer parking Date: September 19, 2024 I revised the proposed local law that will regulate parking of boat trailers on the public streets in accordance with the Town Board discussion at its September 18th meeting. Page 130 of 184 Local Law No. - 2024 This local law shall be known as the "Limitation on Parking of Boat Trailers on Public Highways" law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 -Purpose: The Town Board finds that trailers designed to carry boat parked on the public highways have an unsightly impact upon the character of the Town. Section 2-Amendment of a current section of the Mamaroneck Code: Section 219-22 of the Code of the Town of Mamaroneck hereby is amended by repealing the words: "No motor vehicle shall be parked for longer than the maximum time permitted, upon any of the public highways or parts of public highways described below:" and replacing them with the following: "A. No motor vehicle shall be parked for longer than the maximum time permitted, upon any of the public highways or parts of public highways described below:" and by adding the following new Subsection B: "B. No trailer designed to carry a boat or other watercraft, whether or not it is actually carrying a boat or other watercraft and even if it is hitched to a motor vehicle, shall be parked for more than three (3) consecutive hours,upon any of the public highways or parts of public highways." Except as so amended, the remaining text of section 222-22 shall remain unchanged. Section 3-Severabilit\%: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4-Effective Date: This Local Law shall become effective upon filing with the Secretary of State. September 19,2024 Page 131 of 184 m Town of Mamaroneck X Town Center FOUNDED 1661 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 CC: Robert P. Wasp, Town Engineer Re: Authorization of Amended Federal Aid Project Agreement - Weaver Street Sidewalk Extension Date: September 30, 2024 Please see the attached memo from Town Engineer, Robert Wasp, regarding the Weaver Street Sidewalk Extension Project. The New York State Depailment of Transportation (NYSDOT) requires Town Board authorization of the attached amended Master Agreement which extends the timeline of the project and releases federal funding to pay for it. In addition, NYSDOT requires a Town Board resolution authorizing the Town Administrator to execute the extended agreement and to appropriate local matching funds based upon the current construction cost estimates provided to the NYSDOT. A resolution is attached for your consideration. Action Requested: Resolved that the Town Board hereby approves the amended Federal Aid Project Agreement for the Weaver Street Sidewalk Extension and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Be it further resolved that the Town Board hereby approves a resolution authorizing the implementation and funding in the first instance 100% of the federal-aid eligible costs, of a transportation federal-aid project and appropriating funds therefore. Attachment/s: Authorization of Amended Federal Aid Project Agreement- Weaver Street Sidewalks PIN 8761.32 Master Agreement Construction Sample Resolution for Weaver Street Sidewalk Extension Page 132 of 184 0 -9, Town of Mamaroneck TEL:914/381-7835 -lc. Engineering Department, Town Center FAX:914/381-8473 wo ® - rn 740 West Boston Post Road, Mamaroneck, NY 10543-3353 _ ' ' C) FOUNDED 1661 Robert P. Wasp, P.E., C.D.T. rwasp@townofmamaroneckNY.org Town Engineer INTERDEPARTMENT MEMORANDUM DATE: September 25, 2023 CC: Tracy Yogman, Town Comptroller TO: Meredith Robson, Town Administrator FROM: Robert Wasp, P.E., Town Engineer SUBJECT: Authorization of Amended Federal Aid Project Agreement Weaver Street Sidewalk Extension—NYSDOT TAP Grant CFDA#20.205 GENERAL: The Town previously entered into the referenced Federal-aid Local Project Agreement with the New York State Department of Transportation (NYSDOT) for receipt of grant funding towards the Weaver Street (RTE 125) Sidewalk Extension (PIN 8761.32). The 2015 grant received through the Transportation Alternatives Program (TAP)provides $315,200 in funding towards project costs. Fully executed copy of existing project agreement was provided to the Town in February 2016 and authorized early project phases for design and right-of-way acquisition related work. Necessary property acquisitions to allow the project to proceed were recently completed with supporting documentation provided to the NYSDOT earlier this summer. The NYSDOT has provided the enclosed master agreement that 1) amends the contractual end date based upon the updated project schedule; and 2) authorizes scheduled federal funding towards construction of the sidewalk. The contractual end date will be extended until December 31, 2031 to provide sufficient timeline, with plentiful buffer, to complete all project obligations. Copy of a resolution template provided by the NYSDOT is also enclosed with this agenda item for consideration by the Town Board. The template resolution is necessary to authorize the Town Administrator to execute the agreement; and to appropriate local matching funds based upon the current construction cost estimate provided to the NYSDOT. The required increase in Town funding for the sidewalk project has been submitted for review as an amended 2025 capital project request. Authorization for advertisement of bid documents is expected to be released from the NYSDOT after the executed agreement and resolution are returned. Advertisement of bid documents is intended to occur during the upcoming winter months to allow for contract award and subsequent construction start in early 2025. All construction work is expected to be completed within a (4) four month duration. The Engineering Department recommends that the Town Board authorize execution of the amended Agreement and adopt an acceptable resolution to allow the Weaver Street Sidewalk Extension project to advance towards pending construction start in early 2025. Please feel free to contact me with any questions. Page 133 of 184 0 �'-9, ?� Town of Mamaroneck TEL:914/381-7835 17 Engineering Department, Town Center FAX:914/381-8473 wo ® - rn 740 West Boston Post Road, Mamaroneck, NY 10543-3353 _ ' ' C) FOUNDED 1661 Robert P. Wasp, P.E., C.D.T. rwasp@townofmamaroneckNY.org Town Engineer Page 134 of 184 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8761.32 BIN: N/A CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 9/18/2024 By: GC Initials Federal aid Local Project Agreement COMPTROLLER'S CONTRACT NO This Agreement is by and between: the New York State Department of Transportation ("NYSDOT"), having its principal office at 50 Wolf Road, Albany, NY 12232, on behalf of New York State ("State"). and the Town of Mamaroneck(the "Municipality/Sponsor") acting by and through Town Administrator with its office at 740 West Boston Post Road, Town of Mamaroneck, NY 10543. This Agreement identifies the party responsible for administration and establishes the method or provision for funding of applicable phases of a Federal aid project for the improvement of a street or highway, not on the State highway system, as such project and phases are more fully described by Schedule A annexed to this Agreement or one or more Supplemental Schedule(s) A to this Agreement as duly executed and approved by the parties hereto. The phases that are potentially the subject of this Agreement, as further enumerated below, are: Preliminary Engineering ("PE") and Right-of-Way Incidental ("ROW Incidentals") work; Right-of-Way Acquisition; Construction; and/or Construction Supervision and Inspection. The Federal aid project shall be identified for the purposes of this Agreement as PIN 8761.32 - Weaver Street(RTE 125) Sidewalk Extension, Town of Mamaroneck, Westchester County (as more specifically described in such Schedule A, the "Project"). WITNESSETH: WHEREAS, the United States has provided for the apportionment of Federal aid funds to the State for the purpose of carrying out Federal aid highway projects pursuant to the appropriate sections of Title 23 U.S. Code as administered by the Federal Highway Administration ("FHWA"); and WHEREAS, the New York State Highway Law authorizes the Commissioner of Transportation (hereinafter referred to as "Commissioner") to use Federal aid available under the Federal aid highway acts and provides for the consent to and approval by the Municipality/Sponsor of any project under the Federal aid highway program which is not on the State highway system before such Project is commenced; and WHEREAS, pursuant to Highway Law §10 (34-a) and section 15 of Chapter 329 of the Laws of 1991 as amended by section 9 of Chapter 330 of the Laws of 1991, as further amended by Chapter 57 of the Laws of New York of 2014, and Chapter 794 of the laws of 2022, as further amended by Chapter 3 of the laws of 2023 (effective December 28, 2023), the State has established the "Marchiselli" Program, which provides certain State-aid for Federal aid highway projects not on the State highway system; and 1 Page 135 of 184 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8761.32 BIN: N/A CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 9/18/2024 By: GC Initials WHEREAS, funding of the "State share" of projects under the Marchiselli Program is administered through the New York State Office of the Comptroller ("State Comptroller"); and WHEREAS, Highway Law §80-b authorizes the funding of eligible costs of Federal aid Municipal/Sponsor streets and highway projects using State-aid and Federal aid; and WHEREAS, project eligibility for Marchiselli Program funds is determined by NYSDOT; and WHEREAS, pursuant to authorizations therefore, NYSDOT and the Municipality/Sponsor are desirous of progressing the Project under the Federal aid and, if applicable, Marchiselli-aid Programs; and WHEREAS, The Legislative Body of the Municipality/Sponsor by Resolution No. adopted at meeting held on approved the Project, the Municipality/Sponsor's entry into this Agreement, has appropriated necessary funds in connection with any applicable Municipal/Sponsor Deposit identified in applicable Schedules A and has further authorized the of the Municipality/Sponsor to execute this Agreement and the applicable Schedule A on behalf of the Municipality/Sponsor and a copy of such Resolution is attached to and made a part of this Agreement (where New York City is the Municipality/Sponsor, such resolution is not required). NOW, THEREFORE, the parties agree as follows: 1. Documents Forming this Agreement. The Agreement consists of the following: • Agreement Form - this document titled "Federal aid Local Project Agreement"; • Schedule "A" - Description of Project Phase, Funding and Deposit Requirements • Schedule "B" - Phases, Subphase/Tasks, and Allocation of Responsibility • Appendix "A" - New York State Required Contract Provisions • Appendix "A-1"- Supplemental Title VI Provisions (Civil Rights Act) • Appendix "B" - U.S. Government Required Clauses (Only required for agreements with federal funding) • Municipal/Sponsor Resolution(s) - duly adopted Municipal/Sponsor resolution authorizing the appropriate Municipal/Sponsor official to execute this Agreement on behalf of the Municipality/Sponsor and appropriating the funding required, therefore. (Where New York City is the Municipality/Sponsor, such resolution is not required). *Note — Resolutions for Bridge NY projects must also include an express commitment by the Municipality/Sponsor that construction shall commence no later than twenty-four(24) months after award, and the project must be completed within thirty (30) months of commencing construction. 2 Page 136 of 184 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8761.32 BIN: N/A CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 9/18/2024 By: GC Initials 2. General Description of Work and Responsibility for Administration and Performance. Subject to the allocations of responsibility for administration and performance thereof as shown in Schedule B (attached), the work of the Project may consist generally of the categories of work marked and described in Schedule B for the scope and phase in effect according to Schedule A or one or more Supplemental Schedule(s) A as may hereafter be executed and approved by the parties hereto as required for a State contract, and any additions or deletions made thereto by NYSDOT subsequent to the development of such Schedule(s) A for the purposes of conforming to New York State or to Federal Highway Administration requirements. The Municipality/Sponsor understands that funding is contingent upon the Municipality/Sponsor's compliance with the applicable requirements of the "Local Projects Manual (LPM)" (available through NYSDOT's web site at https://www.dot.ny.gov/plafap, and as such may be amended from time to time. 3. Municipal/Sponsor Deposit. Where the work is performed by consultant or construction contract entered into with NYSDOT, or by NYSDOT forces, and unless the total non-Federal share of the Project phase is under $5,000, the Municipality/Sponsor shall deposit with the State Comptroller, prior to the award of NYSDOT's contract or NYSDOT's performance of work by its own forces, the full amount of the non-Federal share of the Project costs due in accordance with Schedule A. 4. Payment or Reimbursement of Costs. For work performed by NYSDOT, NYSDOT will directly apply Federal aid and the required Municipality/Sponsor Deposit for the non-Federally aided portion, and, if applicable, shall request State Comptroller funding of Marchiselli aid to the Municipality/Sponsor as described below. For work performed by or through the Municipality/Sponsor, NYSDOT will reimburse the Municipality/Sponsor with Federal aid and, if applicable, Marchiselli aid as described below. NYSDOT will periodically make reimbursements upon request and certification by the Sponsor. The frequency of reimbursement requests must be in conformance with that stipulated in the NYSDOT Standard Specifications; Construction and Materials (section 109-06, Contract Payments). NYSDOT recommends that reimbursement requests not be submitted more frequently than monthly for a typical project. In all cases, reimbursement requests must be submitted at least once every six months. 4.1 Federal aid. NYSDOT will administer Federal funds for the benefit of the Municipality/Sponsor for the Federal share and will fund the applicable percentage designated in Schedule A of Federal aid participating costs incurred in connection with the work covered by this Agreement, subject to the limitations set forth on Schedule A. For work performed by or through the Municipality/Sponsor, NYSDOT will reimburse Federal aid-eligible expenditures in accordance with NYSDOT policy and procedures. 4.1.1 Participating Items. NYSDOT shall apply Federal funds only for that work and those items that are eligible for Federal participation under Title 23 of U.S. Code, as amended, that requires Federal aid eligible projects to be located on the Federal Aid Highway System ("FAHS"), except for bridge and safety projects which can be located off the FAHS. Included among the Federal participating items are the actual cost of employee personal services and leave and fringe benefit additives. Other participating costs include materials and supplies, equipment use charges, or other Federal Participating costs directly identifiable with the eligible project. 3 Page 137 of 184 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8761.32 BIN: N/A CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 9/18/2024 By: GC Initials 4.2 Marchiselli Aid (if applicable). NYSDOT will request State Comptroller reimbursement to the Municipality of the upset amount and designated percentage in Schedule A of the non- overmatched non-Federal share of Federal participating cost, (the "State share"), incurred in connection with the work covered by this Agreement, subject to the limitations set forth on Schedule A. Not all Federal aid-eligible participating costs are eligible for Marchiselli aid. Only "Eligible Project Costs" (as defined in Marchiselli Program instructions issued by NYSDOT) incurred after April 1, 1991, are reimbursable. 4.2.1 Marchiselli Eligible Project Costs. To be eligible for Marchiselli Aid, Project costs must: (a) be eligible for Federal participation as described under 4.1 above; (b) be for work which, when completed, has a certifiable service life of at least 10 years; (c) be for work that relates directly and exclusively to a municipally owned highway, bridge or highway-railroad crossing located off the State Highway System; and (d) be submitted for reimbursement in accordance with 4.2.2. 4.2.2 Marchiselli Reimbursement Requests. A Sponsor's reimbursement requests are restricted to eligible project costs. To be classified as an "eligible project cost", in addition to other requirements of this agreement, the original expenditure must have been paid within the past 15 months in order to comply with Federal Tax Law (26 CFR 1.150-2 (d)(2)(i)) which governs fund disbursements from the issuance of tax-exempt bonds. Hence, expenditures paid greater than 15 months prior to the reimbursement request are ineligible for reimbursement. 4.2.3 Marchiselli Extended Records Retention Requirements. 4.2.3.1 To ensure that NYSDOT meets certain requirements under the Title 49 of the Code of Federal Regulations, Part 26, and to ensure that NYSDOT may authorize the use of funds for this project, notwithstanding any other provision of this Contract to the contrary, the Sponsor must retain the following documents in connection with the Projects: a) Documents evidencing the specific assets financed with such proceeds, including but not limited to project costs, and documents evidencing the use and ownership of the property financed with proceeds of the bonds; and b) Documents, if any, evidencing the sale or other disposition of the financed property. 4.2.3.2 The Sponsor covenants to retain those records described above, which are used by the Sponsor in connection with the administration of this Program, for thirty-six (36) years after the date of NYSDOT's final payment of the eligible project cost(s). 4.2.3.3 Failure to maintain such records in a manner that ensures complete access thereto, for the period described above, shall constitute a 4 Page 138 of 184 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8761.32 BIN: N/A CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 9/18/2024 By: GC Initials material breach of the contract and may, at the discretion of NYSDOT, result in loss of funds allocated, or the Sponsor's repayment of funds distributed, to the Sponsor under this agreement. 4.3 In no event shall the State be obligated to fund or reimburse any costs exceeding: (a) the amount stated in Schedule A for the Federal Share; or (b) the amount stated in Schedule A as the State (Marchiselli) share. All items included by the Municipality/Sponsor in the record of costs shall be in conformity with accounting procedures acceptable to NYSDOT and the FHWA. Such items shall be subject to audit by the State, the federal government, or their representatives. 4.4 If Project-related work is performed by NYSDOT, NYSDOT will be paid for the full costs thereof. To affect such payment, the reimbursement to the Municipality/Sponsor provided for in sections 4.1 and 4.2 above may be reduced by NYSDOT by the amounts thereof in excess of the Municipality/Sponsor Deposit available for such payment to NYSDOT. 5. Supplemental Agreements and Supplemental Schedule(s) A. Supplemental Agreements or Supplemental Schedule(s) A may be entered into by the parties and must be executed and approved in the manner required for a State contract. A Supplemental Schedule A is defined as a Supplemental Agreement which revises only the Schedule A of a prior Agreement or Supplemental Agreement. In the event Project cost estimates increase over the amounts provided for in Schedule A, no additional reimbursement shall be due to the Municipality/Sponsor unless the parties enter into a Supplemental Agreement or Supplemental Schedule A for reimbursement of additional Eligible Project Costs. 6. State Recovery of Ineligible Reimbursements. NYSDOT shall be entitled to recover from the Municipality/Sponsor any monies paid to the Municipality/Sponsor pursuant to this Agreement which are subsequently determined to be ineligible for Federal aid or Marchiselli Aid hereunder. 7. Loss of Federal Participation. In the event the Municipality/Sponsor withdraws its approval of the project, suspends or delays work on the Project, or takes other action that results in the loss of Federal participation for the costs incurred pursuant to this Agreement, the Municipality/Sponsor shall refund to the State all reimbursements received from the State, and shall reimburse the State for 100% of all preliminary engineering and right-of-way incidental costs incurred by NYSDOT. The State may offset any other State or Federal aid due to the Municipality/Sponsor by such amount and apply such offset to satisfy such refund. 8. Municipal/Sponsor Liability. 8.1 If the Municipality/Sponsor performs work under this Agreement with its own forces, it shall be responsible for all damage to person or property arising from any act or negligence performed by or on behalf of the Municipality/Sponsor, its officers, agents, servants or employees, contractors, subcontractors, or others in connection therewith. The Municipality/Sponsor specifically agrees that its agents or employees shall possess the 5 Page 139 of 184 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8761.32 BIN: N/A CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 9/18/2024 By: GC Initials experience, knowledge, and character necessary to qualify them individually for the particular duties they perform. 8.2 The Municipality/Sponsor shall indemnify and save harmless the State for all damages and costs arising out of any claims, suits, actions, or proceedings resulting from the negligent performance of work by or on behalf of the Municipality/Sponsor its officers, agents, servants, employees, contractors, subcontractors, or others under this Agreement. Negligent performance of service, within the meaning of this section, shall include, in addition to negligence founded upon tort, negligence based upon the Municipality/Sponsor's failure to meet professional standards and resulting in obvious or patent errors in the progression of its work. Additionally, the Municipality/Sponsor shall defend the State in any action arising out of any claims, suits, actions, or proceedings resulting from the negligent performance of work by or on behalf of the Municipality/Sponsor, its officers, agents, servants, employees, contractors, subcontractors, or others under this Agreement. 8.3 The Municipality/Sponsor shall at all times during the Contract term remain responsible. The Municipality/Sponsor agrees, if requested by the Commissioner of Transportation or his or her designee, to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity. 8.4 The Commissioner of Transportation or his or her designee, in his or her sole discretion, reserves the right to suspend any or all activities under this Contract, at any time, when he or she discovers information that calls into question the responsibility of the Municipality/Sponsor. In the event of such suspension, the Municipality/Sponsor will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Municipality/Sponsor must comply with the terms of the suspension order. Contract activity may resume at such time as the Commissioner of Transportation or his or her designee issues a written notice authorizing a resumption of performance under the Contract. 8.5 Upon written notice to the Municipality/Sponsor, and a reasonable opportunity to be heard with appropriate Department of Transportation officials or staff, the Contract may be terminated by the Commissioner of Transportation or his or her designee at the Municipality's/Sponsor's expense where the Municipality/Sponsor is determined by the Commissioner of Transportation or his or her designee to be non-responsible. In such event, the Commissioner of Transportation or his or her designee may complete the contractual requirements in any manner he or she may deem advisable and pursue available legal or equitable remedies for breach. 9. Maintenance. The Municipality/Sponsor shall be responsible for the maintenance of the project at the sole cost and expense of the Municipality/Sponsor. If the Municipality/Sponsor intends to have the project maintained by another, any necessary maintenance agreement will be executed and submitted to NYSDOT before construction of the Project is begun. Upon its completion, the Municipality/Sponsor will operate and maintain the Project at no expense to NYSDOT; and during the useful life of the Project, the Municipality/Sponsor shall not discontinue operation and maintenance of the Project, nor dispose of the Project, unless it receives prior written approval to do so from NYSDOT. 9.1 The Municipality/Sponsor may request such approved disposition from NYSDOT where the 6 Page 140 of 184 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8761.32 BIN: N/A CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 9/18/2024 By: GC Initials Municipality/Sponsor either causes the purchaser or transferee to assume the Municipality/Sponsor's continuing obligations under this Agreement or agrees immediately to reimburse NYSDOT for the pro-rata share of the funds received for the project, plus any direct costs incurred by NYSDOT, over the remaining useful life of the Project. 9.2 If a Municipality/Sponsor fails to obtain prior written approval from NYSDOT before discontinuing operation and maintenance of the Project or before disposing of the project, in addition to the costs provided, above in 9.1, Municipality/Sponsor shall be liable for liquidated damages for indirect costs incurred by NYSDOT in the amount of 5% of the total Federal and non-Federal funding provided through NYSDOT. 9.3 For NYSDOT-administered projects, NYSDOT is responsible for maintenance only during the NYSDOT administered construction phase. Upon completion of the construction phase, the Municipality/Sponsor's maintenance obligations start or resume. 10. Independent Contractor. The officers and employees of the Municipality/Sponsor, in accordance with the status of the Municipality/Sponsor as an independent contractor, covenant and agree that they will conduct themselves consistent with such status, that they will neither hold themselves out as, nor claim to be, an officer or employee of the State by reason hereof, and that they will not by reason hereof, make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the State, including, but not limited to, Workers Compensation coverage, Unemployment Insurance benefits, Social Security, or Retirement membership or credit. 11. Contract Executory; Required Federal Authorization. It is understood by and between the parties hereto that this Agreement shall be deemed executory only to the extent of the monies available to the State and no liability on account thereof shall be incurred by the State beyond monies available for the purposes hereof. No phase of work for the project shall be commenced unless and until NYSDOT receives authorization from the Federal government. 12. Assignment or Other Disposition of Agreement. The Municipality/Sponsor agrees not to assign, transfer, convey, sublet. or otherwise dispose of this Agreement or any part thereof, or of its right, title or interest therein, or its power to execute such Agreement to any person, company, or corporation without previous consent in writing of the Commissioner. 13. Term of Agreement. The Project phase(s) and Term are identified in Schedules (A) executed herewith and incorporated herein or as subsequently identified in a duly executed and approved supplemental Schedule(s) A as of the date of such supplemental Schedule(s) A. This Agreement shall remain in effect so long as Federal aid and Marchiselli-aid funding authorizations are in effect and funds are made available pursuant to the laws controlling such authorizations and availabilities. However, if such authorizations or availabilities lapse and are not renewed, continued, or reenacted, as to funds encumbered or available and to the extent of such encumbrances or availabilities, this Agreement shall remain in effect for the duration of such encumbrances or availabilities. Although the liquidity of encumbrances or the availability of funds may be affected by budgetary hiatuses, a Federal or State budgetary hiatus will not by itself be construed to cause a lapse in this Agreement provided any necessary Federal or State appropriations or other funding authorizations therefore are eventually enacted. 7 Page 141 of 184 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8761.32 BIN: N/A CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 9/18/2024 By: GC Initials 13.1 Time is of the essence (Bridge NY Projects). The Municipality/Sponsor understands and agrees that construction of Bridge NY Projects shall commence no later than twenty-four (24) months after award, and the project must be completed within thirty (30) months of commencing construction. 14. NYSDOT Obligations. NYSDOT's responsibilities and obligations are as specifically set forth in this contract, and neither NYSDOT nor any of its officers or employees shall be responsible or liable, nor shall the Municipality/Sponsor assert, make or join in any claim or demand against NYSDOT, its officers or employees, for any damages or other relief based on any alleged failure of NYSDOT, its officers or employees, to undertake or perform any act, or for undertaking or performing any act, which is not specifically required or prohibited by this Agreement. 15. Offset Rights. In addition to any and all set-off rights provided to the State in the attached and incorporated Appendix A, Standard Clauses for New York Contracts, NYSDOT shall be entitled to recover and offset from the Municipality/Sponsor any ineligible reimbursements and any direct or indirect costs to the State as to paragraph 6 above, as well as any direct or indirect costs incurred by the State for any breach of the term of this agreement, including, but not limited to, the useful life requirements in paragraph 9 above. At its sole discretion NYSDOT shall have the option to permanently withhold and offset such direct and indirect cost against any monies due to the Municipality/Sponsor from the State of New York for any other reason, from any other source, including but not limited to, any other Federal or State Local Project Funding, and/or any Consolidated Highway and Local Street Improvement Program (CHIPS) funds. 16. Reporting Requirements. The Municipality/Sponsor agrees to comply with and submit to NYSDOT in a timely manner all applicable reports required under the provisions of this Agreement and the Local Projects Manual and in accordance with current Federal and State laws, rules, and regulations. 17. Notice Requirements. 17.1 All notices permitted or required hereunder shall be in writing and shall be transmitted: (a) Via certified or registered United States mail, return receipt requested: (b) By facsimile transmission, (c) By personal delivery, (d) By expedited delivery service; or (e) By e-mail. Such notices shall be address as follows or to such different addresses as the parties may from time-to- time designate: New York State Department of Transportation (NYSDOT) Name: Orietta Trocard Title: Regional Local Projects Manager Address: 4 Burnett Boulevard, Poughkeepsie, NY 12603 Telephone Number: (845) 437-3386 Facsimile Number: E-Mail Address: orietta.trocard(d dot.ny.gov 8 Page 142 of 184 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8761.32 BIN: N/A CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 9/18/2024 By: GC Initials [Municipality/Sponsor] Town of Mamaroneck Name: Meredith S. Robson Title: Town Administrator Address: 740 West Boston Post Road, Mamaroneck, NY 10543 Telephone Number: (914) 381-7810 Facsimile Number: (914) 381-8473 E-Mail Address: 17.2 Any such notice shall be deemed to have been given either at the time of personal delivery or, in the case of expedited delivery service or certified or registered United States Mail, as of the date of first attempted delivery at the address and in the manner provided herein, or in the case of facsimile transmission or email, upon receipt. The parties may, from time to time, specify any new or different address in the United States as their address for purpose of receiving notice under this Agreement by giving fifteen (15) days written notice to the other party sent in accordance herewith. The parties agree to mutually designate individuals as their respective representatives for the purposes of receiving notices under this Agreement. Additional individuals may be designated in writing by the parties for purposes of implementation and administration/billing, resolving issues and problems and/or for dispute resolution. 18. Electronic Contract Payments. Municipality/Sponsor shall provide complete and accurate supporting documentation of eligible local expenditures as required by this Agreement, NYSDOT and the State Comptroller. Following NYSDOT approval of such supporting documentation, payment for invoices submitted by the Municipality/Sponsor shall only be rendered electronically unless payment by paper check is expressly authorized by the Commissioner, in the Commissioner's sole discretion, due to extenuating circumstances. Such electronic payment shall be made in accordance with ordinary State procedures and practices from the Statewide Financial System (SFS). The contracting local Municipality/Sponsor shall comply with the State Comptroller's procedures for all Federal and applicable State Aid to authorize electronic payments. Instructions and authorization forms are available on the State Comptroller's website at https://www.osc.ny.gov/state-vendors. Registration forms and instructions can be found at the NYSDOT Electronic Payment Guidelines website at: https://www.dot.ny.gov/divisions/operating/opdm/local-programs-bureau/locally-administered-federal- aid-projects/Electronic Payment Guidelines. The Municipality/Sponsor herein acknowledges that it will not receive payment on any invoices submitted under this agreement if it does not comply with the applicable State Comptroller and/or NYS State Comptroller's electronic payment procedures, except where the Commissioner has expressly authorized payment by paper check as set forth above. 19. Compliance with Legal Requirements. Municipality/Sponsor must comply with all applicable 9 Page 143 of 184 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8761.32 BIN: N/A CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 9/18/2024 By: GC Initials federal, state, and local laws, rules, and regulations, including but not limited to the following: 19.1 Title 49 of the Code of Federal Regulations Part 26 (49 CFR 26), Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs; Title 23 Code of Federal Regulations Part 230 (23 CFR 230), External Programs; and, Title 41 of the Code of Federal Regulations Part 60 (41 CFR Subtit. B, Ch. 60) Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, including the requirements thereunder related to utilization goals for contracting opportunities for disadvantaged business enterprises (DBEs) and equal employment opportunity. 19.1.1 If the Municipality/Sponsor fails to monitor and administer contracts funded in whole or in part in accordance with Federal requirements, the Municipality/Sponsor will not be reimbursed for ineligible activities within the affected contracts. The Municipality/Sponsor must ensure that the prime contractor has a Disadvantaged Business Enterprise (DBE) Utilization Plan and complies with such plan. If, without prior written approval by NYSDOT, the Municipality/Sponsor's contractors and subcontractors fail to complete work for the project as proposed in the DBE Schedule of Utilization, NYSDOT at its discretion may (1) cancel, terminate or suspend this agreement or such portion of this agreement or (2) assess liquidated damages in an amount of up to 20% of the pro rata share of the Municipality/Sponsor's contracts and subcontracts funded in whole or in part by this agreement for which contract goals have been established. 19.2 New York State Environmental Law, Article 6, the State Smart Growth Public Infrastructure Policy Act (NY CLS ECL, Art. 6), including providing true, timely and accurate information relating to the project to ensure compliance with the Act. 19.3 28 CFR 35.105, which requires a Municipality/Sponsor employing 50 or more persons to prepare a Transition Plan addressing compliance with the Americans with Disabilities Act (ADA). 20. Compliance with Procedural Requirements. The Municipality/Sponsor understands that funding is contingent upon the Municipality/Sponsor's compliance with the applicable requirements of the Local Projects Manual (LPM), which, as such, may be amended from time to time. Locally administered Federal aid transportation projects must be constructed in accordance with the current version of NYSDOT Standard Specifications; Construction and Materials, including any and all modifications to the Standard Specifications issued by the Engineering Information Issuance System, and NYSDOT- approved Special Specifications for general use. (Cities with a population of 3 million or more may pursue approval of their own construction specifications and procedures on a project by project basis). 10 Page 144 of 184 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(09/2023) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER (PIN): 8761.32 BIN: N/A CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Date Prepared: 9/18/2024 By: GC Initials Comptroller's Contract Number: IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officials. MUNICIPALITY/SPONSOR: MUNICIPALITY/SPONSOR ATTORNEY: By: By: Print Name: Print Name: Title: STATE OF NEW YORK )ss.: COUNTY OF WESTCHESTER On this day of , 20 before me personally came to me known, who, being by me duly sworn did depose and say that he/she resides at ; that he/she is the of the Municipal/Sponsor Corporation described in and which executed the above instrument; (except New York City) that it was executed by order of the of said Municipal/Sponsor Corporation pursuant to a resolution which was duly adopted on and which a certified copy is attached and made a part hereof; and that he/she signed his name thereto by like order. Notary Public APPROVED FOR NYSDOT: APPROVED AS TO FORM: STATE OF NEW YORK ATTORNEY GENERAL By: For Commissioner of Transportation By: Assistant Attorney General Agency Certification: In addition to the acceptance of this contract I also certify that original copies of COMPTROLLER'S APPROVAL: this signature page will be attached to all other exact copies of this contract. By: For the New York State Comptroller Date: Pursuant to State Finance Law §112 11 Page 145 of 184 Schedule A(01/2023) Press F1 to read instructions in blank fields Page 1 of 2 SCHEDULE A - Description of Project Phase, Funding and Deposit Requirements NYSDOT/ State-Local Agreement - Schedule A for PIN 8761.32 Contract Start Date: 9/4/2024(mm/dd/yyyy)Contract End Date: 12/31/2031(mm/dd/yyyy) OSC Contract#: ❑ Check,if date changed from the last Schedule A Purpose: ® Original Standard Agreement ❑ Supplemental Schedule A No. Agreement ® Locally Administered Municipality/Sponsor (Contract Payee): Town of Mamaroneck Type: Other Municipality/Sponsor (if applicable): ❑ State Administered List participating Municipality(ies) and the % of cost share for each and indicate by checkbox which Municipality this Schedule A applies. ❑ Municipality: % of Cost share ❑ Municipality: % of Cost share ❑ Municipality: % of Cost share Authorized Project Phase(s) to which this Schedule applies: ❑ PE/Design ❑ ROW Incidentals ❑ ROW Acquisition ® Construction/Cl/CS Work Type: BIKE/PED./FACILITIES County (If different from Municipality): Westchester County (Check, if Project Description has changed from last Schedule A): ❑ Project Description: PIN 8761.32 -Weaver Street (RTE 125)Sidewalk Extension, Town of Mamaroneck, Westchester County Marchiselli Eligible ❑ Yes ® No A. Summary of Participating Costs FOR ALL PHASES For each PIN Fiscal Share below, show current costs on the rows indicated as"Current.". Show the old costs from the previous Schedule A on the row indicated as"Old." All totals will calculate automatically. LOCAL "Current" DEPOSIT PIN or"Old" Funding FEDERAL STATE AMOUNT Fiscal entry Source TOTAL Costs Funds Funds LOCAL Funds (Required Share indicator (Percentage) only if State Administered) Current TAP (80%) $394,000.00 $315,200.00 $0.00 $78,800.00 $0.00 8761.32.321 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 Current 100% Local $460,230.00 $0.00 $0.00 $460,230.00 $0.00 8761.32.NPS Old $ 0.00 $0.00 $0.00 $0.00 $0.00 Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 . Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 . Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 . Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 . Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 . Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ 0.00 $0.00 $0.00 $0.00 $0.00 TOTAL CURRENT COSTS: $854,230.00 $315,200.00 $ 0.00 $539,030.00 $ 0.00 Page 146 of 184 Schedule A(01/2023) Press F1 to read instructions in blank fields Page 2 of 2 NYSDOT/State-Local Agreement—Schedule A PIN 8761.32 B. Local Deposit(s) from Section A: $ o.00 Additional Local Deposit(s) $o.00 Total Local Deposit(s) $ o.00 C. Total Project Costs All totals will calculate automatically. Total Total Total Total FEDERAL STATE LOCAL ALL SOURCES Cost Cost Cost Cost $315,200.00 $ 0.00 $539,030.00 $854,230.00 Total FEDERAL Cost $315,200.00 Total STATE Cost $ 0.00 SFS TOTAL CONTRACT AMOUNT $315,200.00 D. Point of Contact for Questions Regarding this Name: Giselle Conrad Schedule A (Must be completed) Phone No: 845-431-5731 See Agreement(or Supplemental Agreement Cover) for required contract signatures. Footnotes (FN): (See LPB's SharePoint for link to sample footnotes) • Project Description Continued: This project is to improve pedestrian safety by constructing approximately 1,475 linear feet of 5 foot wide concrete sidewalks along the south bound side of Weaver Street between Bonnie Way and Murray Avenue within the Town of Mamaroneck, Westchester County. • This is a 2014 TAP project. This project was awarded $315,200. Cost overruns beyond the awarded amount must be absorbed by the Sponsor. • Project close out should occur within 3 months of project construction completion. • • • • • • • PIN 8761.32, 9/18/2024 gc Page 147 of 184 SCHEDULE B: Phases, Sub-phase/Tasks, and Allocation of Responsibility Instructions: Identify the responsibility for each applicable Sub-phase task by entering X in either the NYSDOT column to allocate the task to State labor forces or a State Contract, or in the Sponsor column indicating non-State labor forces or a locally administered contract. Al. Preliminary Engineering ("PE") Phase Phase/Sub-phase/Task Responsibility: NYSDOT Sponsor 1. Scoping: Prepare and distribute all required project reports, including an ❑ Expanded Project Proposal (EPP) or Scoping Summary Memorandum (SSM), as appropriate. 2. Perform data collection and analysis for design, including traffic counts ❑ and forecasts, accident data, Smart Growth checklist, land use and development analysis and forecasts. 3. Smart Growth Attestation (NYSDOT ONLY). ® ❑ 4. Preliminary Design: Prepare and distribute Design Report/Design ❑ Approval Document (DAD), including environmental analysis/assessments, and other reports required to demonstrate the completion of specific design sub-phases or tasks and/or to secure the approval/authorization to proceed. 5. Review and Circulate all project reports, plans, and other project data to ❑ obtain the necessary review, approval, and/or other input and actions required of other NYSDOT units and external agencies. 6. Obtain aerial photography and photogrammetric mapping. ❑ 7. Perform all surveys for mapping and design. ❑ 8. Detailed Design: Perform all project design, including preparation of ❑ plan sheets, cross-sections, profiles, detail sheets, specialty items, shop drawings, and other items required in accordance with the Highway Design Manual, including all Highway Design, including pavement evaluations, including taking and analyzing cores; design of Pavement mixes and applications procedures; preparation of bridge site data package, if necessary, and all Structural Design, including hydraulic analyses, if necessary, foundation design, and all design of highway appurtenances and systems [e.g., Signals, Intelligent Transportation System (ITS) facilities], and maintenance protection of traffic plans. Federal Railroad Administration (FRA) criteria will apply to rail work. 9. Perform landscape design (including erosion control). ❑ 10. Design environmental mitigation, where appropriate, in connection with: ❑ Noise readings, projections, air quality monitoring, emissions projections, hazardous waste, asbestos, determination of need of cultural resources survey. Page 148 of 184 Phase/Sub-phase/Task Responsibility: NYSDOT Sponsor 11. Prepare demolition contracts, utility relocation plans/contracts, and any ❑ other plans and/or contract documents required to advance, separate, any portions of the project which may be more appropriately progressed separately and independently. 12.Compile PS&E package, including all plans, proposals, specifications, ❑ estimates, notes, special contract requirements, and any other contract documents necessary to advance the project to construction. 13.Conduct any required soils and other geological investigations. ❑ 14.Obtain utility information, including identifying the locations and types of ❑ utilities within the project area, the ownership of these utilities, and prepare utility relocations plans and agreements, including completion of Form HC-140, titled Preliminary Utility Work Agreement. 15. Determine the need and apply for any required permits, including U.S. ❑ Coast Guard, U.S. Army Corps of Engineers, Wetlands (including identification and delineation of wetlands), SPDES, NYSDOT Highway Work Permits, and any permits or other approvals required to comply with local laws, such as zoning ordinances, historic districts, tax assessment and special districts. 16. Prepare and execute any required agreements, including: ❑ - Railroad force account - Maintenance agreements for sidewalks, lighting, signals, betterments - Betterment Agreements - Utility Work Agreements for any necessary Utility Relocations of Privately owned Utilities 17. Provide overall supervision/oversight of design to assure conformity ❑ with Federal and State design standards or conditions, including final approval of PS&E (Contract Bid Documents) by NYSDOT. A2. Right-of-Way (ROW) Incidentals Phase/Sub-phase/Task Responsibility: NYSDOT Sponsor 1. Prepare ARM or other mapping, showing preliminary taking lines. ❑ 2. ROW mapping and any necessary ROW relocation plans. ❑ 3. Obtain abstracts of title and certify those having an interest in ROW to ❑ be acquired. 4. Secure Appraisals. ❑ 5. Perform Appraisal Review and establish an amount representing just ❑ compensation. Page 149 of 184 Phase/Sub-phase/Task Responsibility: NYSDOT Sponsor 6. Determination of exemption from public hearing that is otherwise ❑ required by the Eminent Domain Procedure Law, including de minimis determination, as may be applicable. If NYSDOT is responsible for acquiring the right-of-way, this determination may be performed by NYSDOT only if NYSDOT is responsible for the Preliminary Engineering Phase under Phase Al of this Schedule B. 7. Conduct any public hearings and/or informational meetings as may be ❑ required by the Eminent Domain Procedures Law, including the provision of stenographic services, preparation and distribution of transcripts, and response to issues raised at such meetings. B. Right-of-Way (ROW) Acquisition Phase/Sub-phase/Task Responsibility: NYSDOT Sponsor 1. Perform all Right-of-Way (ROW) Acquisition work, including ❑ negotiations with property owners, acquisition of properties and accompanying legal work, payments to and/or deposits on behalf of property owners; Prepare, publish, and pay for any required legal notices; and all other actions necessary to secure title to, possession of, and entry to required properties. If NYSDOT is to acquire property, including property described as an uneconomic remainder, on behalf of the Municipality/Sponsor, the Municipality/Sponsor agrees to accept and take title to any and all permanent property rights so acquired which form a part of the completed Project. 2. Provide required relocation assistance, including payment of moving ❑ expenses, replacement supplements, mortgage interest differentials, closing costs, mortgage prepayment fees. 3. Conduct eminent domain proceedings, court and any other legal ❑ actions required to acquire properties. 4. Monitor all ROW Acquisition work and activities, including review and ❑ processing of payments of property owners. 5. Provide official certification that all right-of-way required for the ❑ construction has been acquired in compliance with applicable Federal, State or Local requirements and is available for use and/or making projections of when such property(ies) will be available if such properties are not in hand at the time of contract award. 6. Conduct any property management activities, including establishment ❑ and collecting rents, building maintenance and repairs, and any other activities necessary to sustain properties and/or tenants until the sites are vacated, demolished, or otherwise used for the construction project. 7. Subsequent to completion of the Project, conduct ongoing property ❑ management activities in a manner consistent with applicable Federal, State and Local requirements including, as applicable, the development of any ancillary uses, establishment and collection of rent, property maintenance and any other related activities. Page 150 of 184 C. Construction, Construction Support (C/S) and Construction Inspection (C/I) Phase Phase/Sub-phase/Task Responsibility: NYSDOT Sponsor 1. Advertise contract lettings and distribute contract documents to ❑ prospective bidders. 2. Conduct all contract lettings, including receipt, opening, and analysis of ❑ CZ bids, evaluation/certification of bidders, notification of rejected bids/bidders, and awarding of the construction contract(s). 3. Receive and process bid deposits and verify any bidder's insurance and ❑ bond coverage that may be required. 4. Compile and submit Contract Award Documentation Package. ❑ 5. Review/approve any proposed subcontractors, vendors, or suppliers. ❑ 6. Conduct and control all construction activities in accordance with the ❑ CZ plans and proposal for the project. Maintain accurate, up-to-date project records and files, including all diaries and logs, to provide a detailed chronology of project construction activities. Procure or provide all materials, supplies and labor for the performance of the work on the project, and insure that the proper materials, equipment, human resources, methods and procedures are used. 7a. For non-NHS or non-State Highway System Projects: Test and accept ❑ ❑ materials, including review and approval for any requests for substitutions. 7b. For NHS or State Highway System Projects: Inspection and approval of materials such as bituminous concrete, Portland cement concrete, ❑ ❑ structural steel, concrete structural elements and/or their components to be used in a federal aid project will be performed by, and according to the requirements of NYSDOT. The Municipality/Sponsor shall make or require provision for such materials inspection in any contract or subcontract that includes materials that are subject to inspection and approval in accordance with the applicable NYSDOT design and construction standards associated with the federal aid project. 7c. For projects that fall under both 7a and 7b above, check boxes for each. 8. Design and/or re-design the project or any portion of the project that ❑ CZ may be required because of conditions encountered during construction. 9. Administer construction contract, including the review and approval of ❑ CZ all contactor requests for payment, orders-on-contract, force account work, extensions of time, exceptions to the plans and specifications, substitutions or equivalents, and special specifications. 10. Review and approve all shop drawings, fabrication details, and other ❑ CZ details of structural work. 11.Administer all construction contract claims, disputes or litigation. ❑ CZ Page 151 of 184 Phase/Sub-phase/Task Responsibility: NYSDOT Sponsor 12. Perform final inspection of the complete work to determine and verify final quantities, prices, and compliance with plans specifications, and such other construction engineering supervision and inspection work necessary to conform to Municipal, State and FHWA requirements, including the final acceptance of the project by NYSDOT. 13. Pursuant to Federal Regulation 49 CFR 18.42(e)(1) The awarding agency and the Comptroller General of the United States, or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers, or other records of grantees and subgrantees which are pertinent to the grant, in order to make audits, examinations, excerpts, and transcripts. Page 152 of 184 APPENDIX A STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS PLEASE RETAIN THIS DOCUMENT FOR FUTURE REFERENCE. June 2023 Page 153 of 184 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A TABLE OF CONTENTS Page 1. Executory Clause 3 2. Non-Assignment Clause 3 3. Comptroller's Approval 3 4. Workers' Compensation Benefits 3 5. Non-Discrimination Requirements 3 6. Wage and Hours Provisions 3-4 7. Non-Collusive Bidding Certification 4 8. International Boycott Prohibition 4 9. Set-Off Rights 4 10. Records 4 11. Identifying Information and Privacy Notification 4 12. Equal Employment Opportunities For Minorities and Women 5 13. Conflicting Terms 5 14. Governing Law 5 15. Late Payment 5 16. No Arbitration 5 17. Service of Process 5 18. Prohibition on Purchase of Tropical Hardwoods 5-6 19. MacBride Fair Employment Principles 6 20. Omnibus Procurement Act of 1992 6 21. Reciprocity and Sanctions Provisions 6 22. Compliance with Breach Notification and Data Security Laws 6 23. Compliance with Consultant Disclosure Law 6-7 24. Procurement Lobbying 7 25. Certification of Registration to Collect Sales and Compensating Use Tax by Certain 7 State Contractors,Affiliates and Subcontractors 26. Iran Divestment Act 7 27. Admissibility of Contract 7 Page 2 Pagdu*6403$184 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A STANDARD CLAUSES FOR NYS CONTRACTS 4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this The parties to the attached contract,license,lease,amendment contract shall be void and of no force and effect unless the or other agreement of any kind (hereinafter, "the contract" or Contractor shall provide and maintain coverage during the life "this contract") agree to be bound by the following clauses of this contract for the benefit of such employees as are required which are hereby made a part of the contract (the word to be covered by the provisions of the Workers' Compensation "Contractor" herein refers to any party other than the State, Law. whether a contractor, licenser, licensee, lessor, lessee or any other party): 5. NON-DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law(also known 1. EXECUTORY CLAUSE. In accordance with Section 41 as the Human Rights Law) and all other State and Federal of the State Finance Law,the State shall have no liability under statutory and constitutional non-discrimination provisions,the this contract to the Contractor or to anyone else beyond funds Contractor will not discriminate against any employee or appropriated and available for this contract. applicant for employment, nor subject any individual to harassment,because of age,race, creed, color,national origin, 2. NON-ASSIGNMENT CLAUSE. In accordance with citizenship or immigration status, sexual orientation, gender Section 138 of the State Finance Law,this contract may not be identity or expression, military status, sex, disability, assigned by the Contractor or its right, title or interest therein predisposing genetic characteristics, familial status, marital assigned,transferred,conveyed,sublet or otherwise disposed of status, or domestic violence victim status or because the without the State's previous written consent,and attempts to do individual has opposed any practices forbidden under the so are null and void. Notwithstanding the foregoing,such prior Human Rights Law or has filed a complaint, testified, or written consent of an assignment of a contract let pursuant to assisted in any proceeding under the Human Rights Law. Article XI of the State Finance Law may be waived at the Furthermore, in accordance with Section 220-e of the Labor discretion of the contracting agency and with the concurrence Law,if this is a contract for the construction,alteration or repair of the State Comptroller where the original contract was subject of any public building or public work or for the manufacture, to the State Comptroller's approval, where the assignment is sale or distribution of materials, equipment or supplies, and to due to a reorganization, merger or consolidation of the the extent that this contract shall be performed within the State Contractor's business entity or enterprise. The State retains its of New York, Contractor agrees that neither it nor its right to approve an assignment and to require that any subcontractors shall,by reason of race,creed,color,disability, Contractor demonstrate its responsibility to do business with sex, or national origin: (a) discriminate in hiring against any the State. The Contractor may, however, assign its right to New York State citizen who is qualified and available to receive payments without the State's prior written consent perform the work;or(b)discriminate against or intimidate any unless this contract concerns Certificates of Participation employee hired for the performance of work under this contract. pursuant to Article 5-A of the State Finance Law. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, 3. COMPTROLLER'S APPROVAL. In accordance with Contractor agrees that neither it nor its subcontractors shall by Section 112 of the State Finance Law, if this contract exceeds reason of race, creed, color, national origin, age, sex or $50,000(or$75,000 for State University of New York or City disability: (a) discriminate in hiring against any New York University of New York contracts for goods, services, State citizen who is qualified and available to perform the work; construction and printing, and $150,000 for State University or(b)discriminate against or intimidate any employee hired for Health Care Facilities) or if this is an amendment for any the performance of work under this contract. Contractor is amount to a contract which, as so amended, exceeds said subject to fines of$50.00 per person per day for any violation statutory amount,or if,by this contract,the State agrees to give of Section 220-e or Section 239 as well as possible termination something other than money when the value or reasonably of this contract and forfeiture of all moneys due hereunder for estimated value of such consideration exceeds$25,000,it shall a second or subsequent violation. not be valid,effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. 6. WAGE AND HOURS PROVISIONS. If this is a public Comptroller's approval of contracts let by the Office of General work contract covered by Article 8 of the Labor Law or a Services,either for itself or its customer agencies by the Office building service contract covered by Article 9 thereof,neither of General Services Business Services Center,is required when Contractor's employees nor the employees of its subcontractors such contracts exceed $85,000. Comptroller's approval of may be required or permitted to work more than the number of contracts established as centralized contracts through the Office hours or days stated in said statutes, except as otherwise of General Services is required when such contracts exceed provided in the Labor Law and as set forth in prevailing wage $125,000, and when a purchase order or other procurement and supplement schedules issued by the State Labor transaction issued under such centralized contract exceeds Department. Furthermore, Contractor and its subcontractors $200,000. must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay,as determined by the State Labor Department in Page 3 Pagdu*6603$184 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A accordance with the Labor Law. Additionally,effective April must be kept for the balance of the calendar year in which they 28,2008,if this is a public work contract covered by Article 8 were made and for six(6)additional years thereafter. The State of the Labor Law, the Contractor understands and agrees that Comptroller, the Attorney General and any other person or the filing of payrolls in a manner consistent with Subdivision 3- entity authorized to conduct an examination, as well as the a of Section 220 of the Labor Law shall be a condition precedent agency or agencies involved in this contract, shall have access to payment by the State of any State approved sums due and to the Records during normal business hours at an office of the owing for work done upon the project. Contractor within the State of New York or,if no such office is available,at a mutually agreeable and reasonable venue within 7. NON-COLLUSIVE BIDDING CERTIFICATION. In the State, for the term specified above for the purposes of accordance with Section 139-d of the State Finance Law,if this inspection, auditing and copying. The State shall take contract was awarded based upon the submission of bids, reasonable steps to protect from public disclosure any of the Contractor affirms, under penalty of perjury, that its bid was Records which are exempt from disclosure under Section 87 of arrived at independently and without collusion aimed at the Public Officers Law(the "Statute") provided that: (i) the restricting competition. Contractor further affirms that, at the Contractor shall timely inform an appropriate State official, in time Contractor submitted its bid,an authorized and responsible writing,that said records should not be disclosed;and(ii) said person executed and delivered to the State a non-collusive records shall be sufficiently identified; and(iii)designation of bidding certification on Contractor's behalf. said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish,or in any way adversely affect, 8. INTERNATIONAL BOYCOTT PROHIBITION. In the State's right to discovery in any pending or future litigation. accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law,if this contract exceeds$5,000, 11. IDENTIFYING INFORMATION AND PRIVACY the Contractor agrees, as a material condition of the contract, NOTIFICATION. (a) Identification Number(s). Every that neither the Contractor nor any substantially owned or invoice or New York State Claim for Payment submitted to a affiliated person, firm, partnership or corporation has New York State agency by a payee,for payment for the sale of participated, is participating, or shall participate in an goods or services or for transactions (e.g., leases, easements, international boycott in violation of the federal Export licenses,etc.)related to real or personal property must include Administration Act of 1979 (50 USC App. Sections 2401 et the payee's identification number. The number is any or all of seq.) or regulations thereunder. If such Contractor, or any of the following: (i) the payee's Federal employer identification the aforesaid affiliates of Contractor, is convicted or is number,(ii)the payee's Federal social security number,and/or otherwise found to have violated said laws or regulations upon (iii)the payee's Vendor Identification Number assigned by the the final determination of the United States Commerce Statewide Financial System. Failure to include such number or Department or any other appropriate agency of the United numbers may delay payment. Where the payee does not have States subsequent to the contract's execution, such contract, such number or numbers,the payee,on its invoice or Claim for amendment or modification thereto shall be rendered forfeit and Payment,must give the reason or reasons why the payee does void. The Contractor shall so notify the State Comptroller not have such number or numbers. within five(5)business days of such conviction,determination or disposition of appeal(2 NYCRR§ 105.4). (b)Privacy Notification. (1) The authority to request the above personal information from a seller of goods or services or a 9.SET-OFF RIGHTS. The State shall have all of its common lessor of real or personal property,and the authority to maintain law,equitable and statutory rights of set-off. These rights shall such information, is found in Section 5 of the State Tax Law. include,but not be limited to,the State's option to withhold for Disclosure of this information by the seller or lessor to the State the purposes of set-off any moneys due to the Contractor under is mandatory.The principal purpose for which the information this contract up to any amounts due and owing to the State with is collected is to enable the State to identify individuals, regard to this contract, any other contract with any State businesses and others who have been delinquent in filing tax department or agency, including any contract for a term returns or may have understated their tax liabilities and to commencing prior to the term of this contract,plus any amounts generally identify persons affected by the taxes administered by due and owing to the State for any other reason including, the Commissioner of Taxation and Finance. The information without limitation, tax delinquencies, fee delinquencies or will be used for tax administration purposes and for any other monetary penalties relative thereto. The State shall exercise its purpose authorized by law. (2) The personal information is set-off rights in accordance with normal State practices requested by the purchasing unit of the agency contracting to including, in cases of set-off pursuant to an audit, the purchase the goods or services or lease the real or personal finalization of such audit by the State agency, its property covered by this contract or lease. The information is representatives,or the State Comptroller. maintained in the Statewide Financial System by the Vendor Management Unit within the Bureau of State Expenditures, 10. RECORDS. The Contractor shall establish and maintain Office of the State Comptroller, 110 State Street,Albany,New complete and accurate books,records,documents,accounts and York 12236. other evidence directly pertinent to performance under this contract(hereinafter,collectively,the"Records"). The Records Page 4 June 2023 Page 156 of 184 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A 12. EQUAL EMPLOYMENT OPPORTUNITIES FOR apply to: (i)work,goods or services unrelated to this contract; MINORITIES AND WOMEN. In accordance with Section or (ii) employment outside New York State. The State shall 312 of the Executive Law and 5 NYCRR Part 143, if this consider compliance by a contractor or subcontractor with the contract is: (i) a written agreement or purchase order requirements of any federal law concerning equal employment instrument, providing for a total expenditure in excess of opportunity which effectuates the purpose of this clause. The $25,000.00, whereby a contracting agency is committed to contracting agency shall determine whether the imposition of expend or does expend funds in return for labor, services, the requirements of the provisions hereof duplicate or conflict supplies, equipment, materials or any combination of the with any such federal law and if such duplication or conflict foregoing,to be performed for, or rendered or furnished to the exists, the contracting agency shall waive the applicability of contracting agency; or (ii) a written agreement in excess of Section 312 to the extent of such duplication or conflict. $100,000.00 whereby a contracting agency is committed to Contractor will comply with all duly promulgated and lawful expend or does expend funds for the acquisition, construction, rules and regulations of the Department of Economic demolition, replacement, major repair or renovation of real Development's Division of Minority and Women's Business property and improvements thereon;or(iii)a written agreement Development pertaining hereto. in excess of$100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds 13. CONFLICTING TERMS. In the event of a conflict for the acquisition, construction, demolition, replacement, between the terms of the contract (including any and all major repair or renovation of real property and improvements attachments thereto and amendments thereof)and the terms of thereon for such project,then the following shall apply and by this Appendix A,the terms of this Appendix A shall control. signing this agreement the Contractor certifies and affirms that it is Contractor's equal employment opportunity policy that: 14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal (a) The Contractor will not discriminate against employees or supremacy clause requires otherwise. applicants for employment because of race, creed, color, national origin,sex,age,disability or marital status,shall make 15. LATE PAYMENT. Timeliness of payment and any and document its conscientious and active efforts to employ and interest to be paid to Contractor for late payment shall be utilize minority group members and women in its work force governed by Article 11-A of the State Finance Law to the extent on State contracts and will undertake or continue existing required by law. programs of affirmative action to ensure that minority group members and women are afforded equal employment 16. NO ARBITRATION. Disputes involving this contract, opportunities without discrimination. Affirmative action shall including the breach or alleged breach thereof, may not be mean recruitment, employment, job assignment, promotion, submitted to binding arbitration (except where statutorily upgradings,demotion,transfer,layoff,or termination and rates authorized),but must,instead,be heard in a court of competent of pay or other forms of compensation; jurisdiction of the State of New York. (b) at the request of the contracting agency,the Contractor shall 17. SERVICE OF PROCESS. In addition to the methods of request each employment agency, labor union, or authorized service allowed by the State Civil Practice Law & Rules representative of workers with which it has a collective ("CPLR"), Contractor hereby consents to service of process bargaining or other agreement or understanding, to furnish a upon it by registered or certified mail,return receipt requested. written statement that such employment agency,labor union or Service hereunder shall be complete upon Contractor's actual representative will not discriminate on the basis of race,creed, receipt of process or upon the State's receipt of the return color,national origin, sex, age, disability or marital status and thereof by the United States Postal Service as refused or that such union or representative will affirmatively cooperate in undeliverable. Contractor must promptly notify the State, in the implementation of the Contractor's obligations herein;and writing, of each and every change of address to which service of process can be made. Service by the State to the last known (c) the Contractor shall state, in all solicitations or address shall be sufficient. Contractor will have thirty (30) advertisements for employees, that, in the performance of the calendar days after service hereunder is complete in which to State contract, all qualified applicants will be afforded equal respond. employment opportunities without discrimination because of race,creed,color,national origin,sex,age,disability or marital 18. PROHIBITION ON PURCHASE OF TROPICAL status. HARDWOODS.The Contractor certifies and warrants that all wood products to be used under this contract award will be in Contractor will include the provisions of "(a), (b) and (c)" accordance with, but not limited to, the specifications and above, in every subcontract over $25,000.00 for the provisions of Section 165 of the State Finance Law, (Use of construction, demolition, replacement, major repair, Tropical Hardwoods) which prohibits purchase and use of renovation, planning or design of real property and tropical hardwoods,unless specifically exempted,by the State improvements thereon(the"Work")except where the Work is or any governmental agency or political subdivision or public for the beneficial use of the Contractor. Section 312 does not benefit corporation. Qualification for an exemption under this Page 5 June 2023 Page 157 of 184 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A law will be the responsibility of the contractor to establish to Authorities Law§2879(3)(n)—(p))requires that by signing this meet with the approval of the State. bid proposal or contract,as applicable,Contractors certify that whenever the total bid amount is greater than$1 million: In addition,when any portion of this contract involving the use of woods,whether supply or installation,is to be performed by (a) The Contractor has made reasonable efforts to encourage any subcontractor, the prime Contractor will indicate and the participation of New York State Business Enterprises as certify in the submitted bid proposal that the subcontractor has suppliers and subcontractors,including certified minority-and been informed and is in compliance with specifications and women-owned business enterprises, on this project, and has provisions regarding use of tropical hardwoods as detailed in retained the documentation of these efforts to be provided upon § 165 State Finance Law. Any such use must meet with the request to the State; approval of the State;otherwise,the bid may not be considered responsive. Under bidder certifications, proof of qualification (b) The Contractor has complied with the Federal Equal for exemption will be the responsibility of the Contractor to Opportunity Act of 1972(P.L.92-261),as amended; meet with the approval of the State. (c)The Contractor agrees to make reasonable efforts to provide 19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES notification to New York State residents of employment (APPLICABLE ONLY IN NON-FEDERAL AID NEW YORK opportunities on this project through listing any such positions STATE CONTRACTS). In accordance with the MacBride Fair with the Job Service Division of the New York State Employment Principles(Chapter 807 of the Laws of 1992),the Department of Labor, or providing such notification in such Contractor hereby stipulates that the Contractor either(a) has manner as is consistent with existing collective bargaining no business operations in Northern Ireland, or (b) shall take contracts or agreements. The Contractor agrees to document lawful steps in good faith to conduct any business operations in these efforts and to provide said documentation to the State Northern Ireland in accordance with the MacBride Fair upon request;and Employment Principles(as described in Section 165 of the New York State Finance Law), and shall permit independent (d)The Contractor acknowledges notice that the State may seek monitoring of compliance with such principles. to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts. 20. OMNIBUS PROCUREMENT ACT OF 1992 (APPLICABLE ONLY IN NON-FEDERAL AID NEW YORK 21. RECIPROCITY AND SANCTIONS PROVISIONS. STATE CONTRACTS). It is the policy of New York State to Bidders are hereby notified that if their principal place of maximize opportunities for the participation of New York State business is located in a country, nation, province, state or business enterprises, including minority- and women-owned political subdivision that penalizes New York State vendors, business enterprises as bidders,subcontractors and suppliers on and if the goods or services they offer will be substantially its procurement contracts. produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments(Chapter 684 and Information on the availability of New York State Chapter 383, respectively, codified in State Finance Law subcontractors and suppliers is available from: § 165(6) and Public Authorities Law §2879(5)) require that they be denied contracts which they would otherwise obtain. NYS Department of Economic Development NOTE: As of May 2023,the list of discriminatory jurisdictions Division for Small Business and Technology Development subject to this provision includes the states of South Carolina, 625 Broadway Alaska, Virginia,West Wyoming,Louisiana and Hawaii. Albany,New York 12245 Telephone: 518-292-5100 22. COMPLIANCE WITH BREACH NOTIFICATION AND DATA SECURITY LAWS. Contractor shall comply A directory of certified minority- and women-owned business with the provisions of the New York State Information Security enterprises is available from: Breach and Notification Act(General Business Law§§ 899-aa and 899-bb and State Technology Law§ 208). NYS Department of Economic Development Division of Minority and Women's Business Development 23. COMPLIANCE WITH CONSULTANT 633 Third Avenue 33rd Floor DISCLOSURE LAW. If this is a contract for consulting New York,NY 10017 services, defined for purposes of this requirement to include 646-846-7364 analysis, evaluation, research, training, data processing, email:mwbebusinessdev@esd.ny.gov computer programming, engineering, environmental, health, hops://ny.newnycontracts.com/FrontEnd/searchcertifieddir and mental health services, accounting, auditing, paralegal, ectory.asp legal or similar services,then,in accordance with Section 163 (4)(g)of the State Finance Law(as amended by Chapter 10 of The Omnibus Procurement Act of 1992 (Chapter 844 of the the Laws of 2006),the Contractor shall timely, accurately and Laws of 1992,codified in State Finance Law§ 139-i and Public properly comply with the requirement to submit an annual Page 6 June 2023 Page 158 of 184 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A employment report for the contract to the agency that awarded seeking compliance, recovering damages, or declaring the the contract, the Department of Civil Service and the State Contractor in default. Comptroller. The state agency reserves the right to reject any bid,request for 24. PROCUREMENT LOBBYING. To the extent this assignment,renewal or extension for an entity that appears on agreement is a "procurement contract" as defined by State the Prohibited Entities List prior to the award, assignment, Finance Law§§ 139-j and 139-k,by signing this agreement the renewal or extension of a contract, and to pursue a contractor certifies and affirms that all disclosures made in responsibility review with respect to any entity that is awarded accordance with State Finance Law §§ 139-j and 139-k are a contract and appears on the Prohibited Entities list after complete, true and accurate. In the event such certification is contract award. found to be intentionally false or intentionally incomplete,the State may terminate the agreement by providing written 27. ADMISSIBILITY OF REPRODUCTION OF notification to the Contractor in accordance with the terms of CONTRACT. Notwithstanding the best evidence rule or any the agreement. other legal principle or rule of evidence to the contrary, the Contractor acknowledges and agrees that it waives any and all 25. CERTIFICATION OF REGISTRATION TO objections to the admissibility into evidence at any court COLLECT SALES AND COMPENSATING USE TAX BY proceeding or to the use at any examination before trial of an CERTAIN STATE CONTRACTORS,AFFILIATES AND electronic reproduction of this contract, in the form approved SUBCONTRACTORS. by the State Comptroller, if such approval was required, To the extent this agreement is a contract as defined by Tax Law regardless of whether the original of said contract is in § 5-a, if the contractor fails to make the certification required existence. by Tax Law § 5-a or if during the term of the contract, the Department of Taxation and Finance or the covered agency,as defined by Tax Law§5-a,discovers that the certification,made under penalty of perjury, is false, then such failure to file or false certification shall be a material breach of this contract and this contract may be terminated, by providing written notification to the Contractor in accordance with the terms of the agreement, if the covered agency determines that such action is in the best interest of the State. 26. IRAN DIVESTMENT ACT. By entering into this Agreement,Contractor certifies in accordance with State Finance Law§ 165-a that it is not on the"Entities Determined to be Non-Responsive Bidders/Offerers pursuant to the New York State Iran Divestment Act of 2012"("Prohibited Entities List")posted at: https://ogs.ny.gov/iran-divestment-act-2012 Contractor further certifies that it will not utilize on this Contract any subcontractor that is identified on the Prohibited Entities List. Contractor agrees that should it seek to renew or extend this Contract, it must provide the same certification at the time the Contract is renewed or extended. Contractor also agrees that any proposed Assignee of this Contract will be required to certify that it is not on the Prohibited Entities List before the contract assignment will be approved by the State. During the term of the Contract,should the state agency receive information that a person (as defined in State Finance Law § 165-a) is in violation of the above-referenced certifications, the state agency will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation,then the state agency shall take such action as may be appropriate and provided for by law,rule, or contract, including, but not limited to, imposing sanctions, Page 7 June 2023 Page 159 of 184 APPENDIX A-1 SUPPLEMENTAL TITLE VI PROVISIONS (CIVIL RIGHTS ACT) (To be included in all contracts) During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: (1) Compliance with Regulations: The contractor shall comply with the Regulation relative to nondiscrimination in Federally assisted programs of the Department of Transportation of the United States, Title 49, Code of Federal Regulations, Part 21, and the Federal Highway Administration (hereinafter "FHWA") Title 23, Code of Federal Regulations, Part 200 as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, religion, age, color, sex or national origin, sex, age, and disability/handicap in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin, sex, age, and disability/handicap. (4) Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by NYSDOT or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to NYSDOT's Office of Civil Rights or FHWA, as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, NYSDOT shall impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a) Withholding of payments to the contractor under the contract until the contractor complies; and/or b) Cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Page 160 of 184 The contractor shall take such action with respect to any subcontractor procurement as NYSDOT or the FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request NYSDOT to enter into such litigation to protect the interests of NYSDOT, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Page 161 of 184 APPENDIX B REQUIREMENTS FOR FEDERALLY-AIDED TRANSPORTATION PROJECTS (June 2016) There is a substantial body of requirements attached to the use of Federal highway or transportation aid. These requirements create or overlay processes, procedures, documentation requirements, authorizations, approvals and certifications that may be substantially greater or different from those that are not funded with Federal-aid and proceed under applicable State and local laws, customs and practices. Under Title 23 of the United States Code, the New York State Department of Transportation (NYSDOT) is responsible for the administration of transportation projects in New York State to which NYSDOT provides Federal highway or transportation-related aid. Through this Agreement, which provides or is associated with such funding, NYSDOT delegates various elements of project and funding administration as described elsewhere in this Agreement. In undertaking a Federally aided project, the Municipality/Sponsor, Authority or Project Manager designated under this Agreement with Federal-aid funding or project administration agrees to proceed in compliance with all the applicable Federal-aid requirements. NYSDOT, in cooperation with FHWA, has assembled the body of Federal-aid requirements, procedures and practices in its Procedures for Locally Administered Federal-Aid Projects Manual (available through NYSDOT's web site at: http://www.dot.ny.gov/plafap). In addition, the Municipality/Sponsor, Authority or Project Manager designated under this Agreement for Federal-aid funding or project administration that enters into Federally aided project construction contracts is required to physically incorporate into all its Federally aided construction contracts and subcontracts there under the provisions that are contained in Form FHWA-1273 (available from NYSDOT or electronically at: http://www.fhwa.dot.gov/programadmin/contracts/1273.htm). In addition to the referenced requirements, the attention of Municipality/Sponsor hereunder is directed to the following requirements and information: NON DISCRIMINATION/EEO/DBE REQUIREMENTS The Municipality/Sponsor and its contractors agree to comply with Executive Order 11246, entitled "Equal Employment Opportunity" and United States Department of Transportation (USDOT) regulations (49 CFR Parts 21, 23, 25, 26 and 27) and the following: 1. NON DISCRIMINATION. No person shall, on the ground of race, color, creed, national origin, sex, age or handicap, be excluded from participation in, or denied the benefits of, or be subject to, discrimination under the Project funded through this Agreement. 2. EQUAL EMPLOYMENT OPPORTUNITY. In connection with the execution of this Agreement, the Municipality/Sponsors contractors or subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, age, color, sex or national origin. Such contractors shall take affirmative actions to ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, national origin or age. Such actions 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. Page 162 of 184 3. DISADVANTAGED BUSINESS ENTERPRISES. In connection with the performance of this Agreement, the Municipality/Sponsor shall cause its contractors to cooperate with the State in meeting its commitments and goals with regard to the utilization of Disadvantaged Business Enterprises (DBEs) and will use its best efforts to ensure that DBEs will have opportunity to compete for subcontract work under this Agreement. Also, in this connection the Municipality or Municipality/Sponsor shall cause its contractors to undertake such actions as may be necessary to comply with 49 CFR Part 26. As a sub-recipient under 49 CFR Part 26.13, the Municipality/Sponsor hereby makes the following assurance. The Municipality/Sponsor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any United States Department of Transportation (USDOT)-assisted contract or in the administration of its Disadvantaged Business Enterprise (DBE) program or the requirements of 49 CFR Part 26. The Municipality/Sponsor shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of the United States Department of Transportation-assisted contracts. The New York State Department of Transportation's DBE program, as required by 49 CFR Part 26 and as approved by the United States Department of Transportation, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). FEDERAL SINGLE AUDIT REQUIREMENTS Non-Federal entities that expend $750,000 or more in a year in Federal awards from all sources are required to comply with the Federal Single Audit Act provisions contained in U.S. Office of Management and Budget (OMB) Circular No. A-133, Audits of States, Local Governments, and Non-Profit Organizations. Non-Federal entities that expend Federal awards from a single source may provide a program specific audit, as defined in the Circular. Non-Federal entities that expend less than the amount above in a year in Federal awards from all sources are exempt from Federal audit requirements for that year, except as noted in Sec. 215 (a) of OMB Circular A-133 Subpart B--Audits, records must be available for review or audit by appropriate officials of the cognizant Federal agency' the New York State Department of Transportation, the New York State Comptrollers Office and the U.S. Governmental Accountability Office (GAO). Non-Federal entities are required to submit a copy of all audits, as described above, within 30 days of issuance of audit report, but no later than 9 months after the end of the entity's fiscal year, to the New York State Department of Transportation, Contract Audit Bureau, 50 Wolf Road, Albany, NY 12232. Unless a time extension has been granted by the cognizant Federal Agency and has been filed with the New York State Department of Transportation's Contract Audit Bureau, failure to comply with the requirements of OMB Circular A-133 may result in suspension or termination of Federal award payments. The designated cognizant agency for audit shall be the federal awarding agency that provides the predominant amount of direct funding to a recipient unless OMB changes it. Page 163 of 184 THE CATALOG OF FEDERAL DOMESTIC ASSISTANCE The Catalog of Federal Domestic Assistance (CFDA2), is an on-line database of all Federally- aided programs available to State and local governments (including the District of Columbia); Federally recognized Indian tribal governments; Territories (and possessions) of the United States; domestic public, quasi-public, and private profit and nonprofit organizations and institutions; specialized groups; and individuals. THE CFDA IDENTIFICATION NUMBER OMB Circular A-133 requires all Federal-aid recipients to identify and account for awards and expenditures by CFDA Number. The Municipality/Sponsor is required to identify in its accounts all Federal awards received and expended, and the Federal programs under which they were received. Federal program and award identification shall include, as applicable, the CFDA title and number, award number and year, name of the Federal agency, and name of the pass-through entity. The most commonly used CFDA number for the Federal Aid Highway Planning and Construction program is 20.205. Additional CFDA numbers for other transportation and non-transportation related programs are: 20.215 Highway Training and Education 20.219 Recreational Trails Program 20.XXX Highway Planning and Construction - Highways for LIFE; 20.XXX Surface Transportation Research and Development; 20.500 Federal Transit-Capital Investment Grants 20.505 Federal Transit-Metropolitan Planning Grants 20.507 Federal Transit-Formula Grants 20.509 Formula Grants for Other Than Urbanized Areas 20.600 State and Community Highway Safety 23.003 Appalachian Development Highway System 23.008 Appalachian Local Access Roads PROMPT PAYMENT MECHANISMS In accordance with 49 CFR 26.29, and NY State Finance Law 139-f or NY General Municipal Law 106-b(2) as applicable: (a) You must establish, as part of your DBE program, a contract clause to require prime contractors to pay subcontractors for satisfactory performance of their contracts no later than 7 calendar days from receipt of each payment you make to the prime contractor. (b) You must ensure prompt and full payment of retainage from the prime contractor to the subcontractor within 7 calendar days after the subcontractor's work is satisfactorily completed. You must use one of the following methods to comply with this requirement: (1) You may decline to hold retainage from prime contractors and prohibit prime contractors from holding retainage from subcontractors. (2) You may decline to hold retainage from prime contractors and require a contract clause obligating prime contractors to make prompt and full payment of any retainage kept by 2 http://www.cfda.gov/ Page 164 of 184 prime contractor to the subcontractor within 7 calendar days after the subcontractor's work is satisfactorily completed. (3) You may hold retainage from prime contractors and provide for prompt and regular incremental acceptances of portions of the prime contract, pay retainage to prime contractors based on these acceptances, and require a contract clause obligating the prime contractor to pay all retainage owed to the subcontractor for satisfactory completion of the accepted work within 7 calendar days after your payment to the prime contractor. (c) For purposes of this section, a subcontractor's work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the recipient. When a recipient has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed. (d) Your DBE program must provide appropriate means to enforce the requirements of this section. These means may include appropriate penalties for failure to comply, the terms and conditions of which you set. Your program may also provide that any delay or postponement of payment among the parties may take place only for good cause, with your prior written approval. (e) You may also establish, as part of your DBE program, any of the following additional mechanisms to ensure prompt payment: (1) A contract clause that requires prime contractors to include in their subcontracts language providing that prime contractors and subcontractors will use appropriate alternative dispute resolution mechanisms to resolve payment disputes. You may specify the nature of such mechanisms. (2) A contract clause providing that the prime contractor will not be reimbursed for work performed by subcontractors unless and until the prime contractor ensures that the subcontractors are promptly paid for the work they have performed. (3) Other mechanisms, consistent with this part and applicable state and local law, to ensure that DBEs and other contractors are fully and promptly paid. CARGO PREFERENCE ACT REQUIREMENTS — U.S. FLAG VESSELS In accordance with 46 CFR 381, the contractor agrees: (a) To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. (b) To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, 'on-board' commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b) (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590. (c) To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract. Page 165 of 184 15 �o �o Town of Mamaroneck I 15) Town Center • 740 West Boston Post Road, Mamaroneck, NY 10543-3353 FOUNDED 1661 RESOLUTION NUMBER: Authorizing the implementation, and funding in the first instance 100% of the federal- aid eligible costs, of a transportation federal-aid project, and appropriating funds therefore. WHEREAS, a Project for Weaver Street (RTE 125) Sidewalk Extension, Town of Mamaroneck, Westchester County, PIN 8761.32 (the "Project") is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds; and WHEREAS, the Town of Mamaroneck desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of the construction and construction inspection. NOW, THEREFORE, the Town Board, duly convened does hereby RESOLVE, that the Town Board hereby approves the above-subject project; and it is hereby further RESOLVED, that the Town Board hereby authorizes the Town of Mamaroneck to pay in the first instance 100% of the federal and non-federal share of the cost of construction and construction inspection work for the Project or portions thereof; and it is further RESOLVED, that the sum of $854,230 is hereby appropriated from Capital Projects H5145 and made available to cover the cost of participation in the above phase of the Project; and it is further RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Town Board shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the Town Administrator thereof, and it is further RESOLVED, that the Administrator of the Town of Mamaroneck be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or applicable Marchiselli Aid on behalf of the Town of Mamaroneck with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first instance funding of project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and it is further RESOLVED, that in addition to the Town Administrator is hereby authorized to execute any necessary Agreements or certifications on behalf of the Page 166 of 184 Municipality/Sponsor, with NYSDOT in connection with the advancement or approval of the project identified in the State/Local Agreement; RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and it is further RESOLVED, this Resolution shall take effect immediately. STATE OF NEW YORK ) SS: COUNTY OF WESTCHESTER ) , Clerk of the Town of Mamaroneck, New York, do hereby certify that I have compared the foregoing copy of this Resolution with the original on file in my office, and that the same is a true and correct transcript of said original Resolution and of the whole thereof, as duly adopted by said at a meeting duly called and held at the on by the required and necessary vote of the members to approve the Resolution. WITNESS My Hand and the Official Seal of the Town of Mamaroneck, New York, this day of , 2024. Clerk, Town of Mamaroneck Page 167 of 184 0 ul 0 1 rri Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.gov To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Allison May, Town Clerk Re: Standard Work Day and Reporting Resolution for Councilmember Nambiar Date: September 30, 2024 Attached is the standard work day and reporting resolution for elected and appointed officials for Councilmember Nambiar. Action Requested: RESOLVED that the Town of Mamaroneck hereby establishes as presented the standard work day for Councilmember Nambiar based on his record of activities, to be posted for 30 days and then reported to the New York State and Local Retirement System. Page 168 of 184 73 vt; '- Town of Mamaroneck Town Clerk, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 amay@townofmamaroneckNY.gov Date: September 30, 2024 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk CC: Anant NambiarCouncilman CC: Jaine Elkind EneyTown Supervisor Subject: Standard Work Day and Reporting Resolution for Councilmember Nambiar General: Attached is the standard work day and reporting resolution for elected and appointed officials for Councilmember Nambiar. This is the standard NYSLRS reporting for elected officials for Councilmember Nambiar. If approved, the resolution will be posted for 30 days and then presented to NYS thereafter. Attachment/s: ROA Anant Nambiar 2024 RS2417-a Page 169 of 184 i G & c0 \ \ ❑ ❑ ❑ ❑ ❑ ❑ _ c c 'U r 7 & - e N m.01.1 N @ \ o TU \ 0 = Q � t U . = N a O ) ƒi % \ e O ƒ J \ Ce • / / # coVP 1. 2 5 \ Q aa \ k \ ° "E) \ o❑ ❑ ❑ ❑ ❑ ❑ O M m * D Q(13 (13 Cco •-co c LL ` 2 ® CO \ U k @ 2f § N 0 = } > - ƒ _ V \ ) ) ) CN { c N— @ y 0 I = a a W f \ _ & — E E f \ CO 7 k 2 \ $ k I � \ ° N— } LU0) ® ' a) 2 kaa o f 2 $ =° = § 2 e G \ = c § 0 IA f ® $ ® -0 \ E • ± a) , � \ 0 » 0 0 $ \ ) k � 0 \ k \ - ° ° » \ e £ \ $ �\ 17, C0) \ \ � E 77, ■ \ / \ ' / k • k \ ct 7 c § ® % 7 / = E / \ C 2 / 2 E \ - > / ) / o ® ' _ — & ° } 0 e \ E s 9 / g / e } 2 R co} a - - • ) : e q \ b .\ © q # Q ca E CO \f \ 6 ` / I- E % \ 5 - / } « 0 \ Lu \ o J § \ ( � 2 \\ / _ \\ co E % _ _ > E g .. \ \ + ® � _ O C / = a C \ /cz / \ \ / ) \ £R X « \ \ « 2 m j E m U § - § e \ ( R \ E o ( @ U) E \ \ CO « k ( / \ [ ` ¢ \ \ / / ° o f k ° \ $ ) _ @ - \ ) f k 2 a 2 ®0 / 5 u _ G o « / 2 § \ « _ co - .( 2 7. 7 2 e / / f f . - 3 E a CO / f w \ E \ 2 S A �� ® ± \ 2 CO ) 2 .co g - \ ) { \ $ �� o > } E ' e t o » ( - • �� S � ) S = - Cl) A) o a / w 2 / S 2 ° E CO Q ƒ/ \ \ to / 0 * & ir ° D ƒ CO m kA ' / \rn) ƒ q - \ 173�\ LU i E �- 7 \ Page ]�o ]8\E Instructions for completing the Standard Work Day and Reporting Resolution A B C D E F G H I J Name Social NYSLRS ID Title Current Standard Record of Not Pay Tier 1 Security Term Begin Work Day Activities Submitted Frequency Number & End Date Result Elected Officials John 0000 R11111111 Highway 1/1/2018- 8.00 32.79 Weekly Smith Superintendent 12/31/2019 Michell 1111 R11111111 Town Justice 1/1/2018- 6.25 X Bi-Weekly X eJones 12/31/2018 Appointed Officials Joseph 2222 R22222222 Planning Board 1/1/2018- 7.00 17.54 Monthly Grey Member 12/31/2018 A. Name: The official's complete first and last name must be included for identification purposes. B. Social Security Number: The last four digits of the official's Social Security Number must be included for identification purposes. For security purposes,the last four digits of the Social Security Number can be omitted from the publicly posted version. C. NYSLRS ID: The official's NYSLRS ID must be included for identification purposes. For security purposes, the NYSLRS ID can be omitted from the publicly posted version. D. Title:All paid elected and appointed officials (who are active members of the Retirement System)and are not paid hourly and do not participate in a employer's time keeping system that consists of a daily record of actual time worked and time charged to accruals must be listed. For the purpose of the regulation, an "appointed official" is someone who is appointed by an elected official, an appointed official or governing board. They hold an office in an organization or government and participate in the exercise of authority.This also includes appointees of elected and appointed officials such as deputies,assistants or confidential secretaries. E. Current Term Begin & End Dates: All officials listed on the Resolution must have a specified Term End date. Leaving this column blank or listing `Tenure/At Pleasure' is not acceptable. If the official does not have a designated term, the current term for the official who appointed them to the position should be used. If they are appointed by the governing board, the chairman of the board's term should be used. F. Standard Work Day: The minimum number of hours that can be established for a standard work day (SWD) is six, while the maximum is eight. A SWD is the denominator to be used for the days worked calculation; it is not necessarily always the number of hours a person works. For example, if a board member only attends one three-hour boarding meeting per month, you must still establish a SWD between six and eight hours as the denominator for their record of activities(ROA)calculation. G. Record of Activities Result*:This column must be left blank if an official does not submit their required sample three-month ROA. To determine the average number of days worked per month, you must divide the total number of hours documented on the three- month ROA by three months to get a one-month average number of hours worked. Then, the one-month average number of hours worked must be divided by the SWD to get the average number of days worked per month. H. Not Submitted: This column must be checked if an official has not submitted the required sample three-month ROA within the 150 day requirement, regardless of whether they are being reported by another employer for the same period. If the Retirement System receives such a Resolution, it will contact the official to notify them of the consequences of not submitted the ROA. I. Pay Frequency: This column should be filled in with one of the following options:Annually, Bimonthly, Biweekly, Monthly, Quarterly, Semi-annually or Weekly. J. Tier 1: If the official is a Tier 1 member,this box should be checked. Tier 1 members are not required to keep a ROA. Once passed, the Resolution must be posted on your public website for a minimum of 30 days or if a website isn't available to the public, on the official sign-board or at the main entrance to the clerk's office. A certified copy of the Resolution and Affidavit of Posting must be filed with the Office of State Comptroller within 45 days of the adoption. The Resolution and Affidavit can be submitted via the Submit Resolution for Official link in Retirement Online. *To determine the number of days worked to include on the monthly report for the various payroll frequencies, please refer to the Calculating Days Worked instructions available in the`Reporting Elected &Appointed Officials'section of our website: Page 171 Of 184 http://www.osc.ny.gov/yeti rement/employers/reporting-ea-officials/overview g 0 9 ul m Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.gov To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Reports of Minutes Date: September 25, 2024 These minutes are ready for posting. Action Requested: RESOLVED that the Town Board hereby approves the minutes of August 26, 2024, and September 18, 2024. Page 172 of 184 u_r "v 1; n Town of Mamaroneck Town Clerk, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 amay@townofmamaroneckNY.gov Date: September 25, 2024 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk Subject: Reports of Minutes General: The minutes August 26, 2024, and September 18, 2024, are ready for posting. Attachment/s: 2024-09-18 Final Minutes 2024-08-26 Final Minutes Page 173 of 184 5 4117 Town of Mamaroneck 0 Town Board Minutes •i- Wednesday, September 18, 2024, Courtroom, Second Floor PC of Town Center 5:00 PM FOUNDED 7661 PRESENT: Jaine Elkind Eney, Town Supervisor Sabrina Fiddelman, Councilmember Jeffery L. King, Councilmember Robin Nichinsky, Councilmember Anant Nambiar, Councilmember ABSENT: ALSO PRESENT: Allison May, Town Clerk Meredith S. Robson, Town Administrator William Maker Jr., Town Attorney Tracy Yogman, Town Comptroller Marc Romero, Assistant to the Town Administrator 5:00 PM THE TOWN BOARD WORK SESSION CALL TO ORDER The Work Session of the Town Board was called to order by Supervisor Elkind Eney. Moved by Councilmember Fiddelman, seconded by Councilmember Nambiar, the Work Session unanimously opened at 5:00 p.m. WORK SESSION ITEMS 1. Discussion - Complete Streets Project - Brian Dempsey, DTS Provident Mr. Brian Dempsey of DTS Provident presented the Town Board with an overview of the Complete Streets Project. Overall, Mr. Dempsey stated, its purpose is to deprioritize cars, but after that it is difficult to meet all stakeholders' goals and wants. Mr. Dempsey suggested that the Town must determine the purpose of the Boston Post Road now that it is no longer really a state highway. Page 174 of 184 See Attachment A. 2. OUT OF ORDER: Discussion - "Limitation of Parking Boat Trailers on Public Highways" Law As presented, this law was limited to boats on trailers. The Board felt that allowing parking for only half an hour was too short a time frame. The Board suggested that allowing a three-hour window for parking and loading was preferable. They also wanted trailers alone to be included, whether a boat is on the trailer or not. 3. Discussion - TA-24-03 Highway Yard Generator Replacement Town Comptroller Tracy Yogman confirmed this item is included in the 2024 budget. 4. Discussion - 2024 Capital Budget Amendments Comptroller Yogman reviewed the two proposed capital budget amendments with the Town Board. See Attachment B. 5. Request for Executive Session Moved by Councilmember Fiddelman, seconded by Councilmember Nambiar, the Town Board agreed to enter into Executive Session to discuss current litigation on the Tree Law; the proposed sale of real property; a contract negotiation; and the employment history of a particular individual. Carried Moved by Councilmember King, seconded by Councilmember Nichinsky, the Town Board unanimously agreed to resume the Regular Meeting. Carried 6. Updates 7. Additions to Regular Meeting Agenda Page 175 of 184 8:00 PM TOWN BOARD REGULAR MEETING The Town Board meeting convened in the Courtroom Located on the second floor at the Town Center. The Public was to view the meeting on cable access television (Optimum 76/ Fios 35) or on LMCMedia.org CALL TO ORDER The Regular Meeting of the Town Board was called to order by Town Supervisor Elkind Eney at 8:37 p.m. Supervisor Elkind Eney noted that the Town Board met for a Work Session beginning at five o'clock this evening. SUPERVISOR'S REPORT To be added once received. PUBLIC HEARINGS The following Notice of Public Hearing is entered into the record as follows: 1. Notice of Public Hearing The following Notice of Public Hearing is entered into the record as follows: PUBLIC HEARING NOTICE LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, a Public Hearing will be held on Wednesday, September 18, 2024, at 8:00 PM or as soon thereafter as is possible, to consider the "Amendment of Local Law No. 1 of 2024", at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Purpose: Local Law No. 1 of 2024, entitled the "Separation of the Rules regarding the Outdoor Operation of Power Tools from the Rules regarding the Operation of Leaf Blowers, and the Phase-out of Gasoline-Powered Leaf Blowers" Law overhauled the Town Code with respect to the operation of power tools and leaf blowers. In doing so, the Law inadvertently imposed restrictions upon the properties in the Town's Recreation zoning district that had not existed previously. This law eliminates the inadvertent restriction. You may also view the meeting on local municipal access television (Cablevision 75, 76, 77 or Verizon 34, 35, 36) or on LMC Media's website, https://lmcmedia.org/. The full text of this document can be viewed on the Town's website, https://www.townofmamaroneckny.org/calendar.aspx, or by calling the Town Clerk's Page 176 of 184 Office at 914-381-7870, for a mailed copy. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: September 10, 2024 Moved by Councilmember Fiddelman, seconded by Councilmember King, the Public Hearing was unanimously opened. Carried Moved by Councilmember King, seconded by Councilmember Nambiar, the Public Hearing was unanimously closed. Carried Moved by Councilmember Fiddelman, seconded by Councilmember King, the following Local law was approved: Local Law No. 5 - 2024 This local law shall be known as the "Amendment of Local Law No. of 2024"law BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 — Purpose: Local Law No. 1 of 2024, entitled the "Separation of the Rules regarding the Outdoor Operation of Power Tools from the Rules regarding the Operation of Leaf Blowers, and the Phase-out of Gasoline-Powered Leaf Blowers" Law overhauled the Town Code with respect to the operation of power tools and leaf blowers. In doing so, the Law inadvertently imposed restrictions upon the properties in the Town's Recreation zoning district that had not existed previously. This law eliminates the inadvertent restriction. Section 2—Amendment of a current section of the Mamaroneck Code: Section 141-12 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: The outdoor operation of any power tool, other than a power tool designed to remove snow, in the zoning districts of the unincorporated area of the Town, other than the Recreation District: R, before 8:00 a.m. or after 9:00 p.m. on any weekday and before 10:00 a.m. or after 5:00 p.m. on Saturdays, Sundays and on New Year's Day, Dr. Martin Luther King, Jr. Day, Presidents' Day, Memorial Day, Juneteenth, Page 177 of 184 Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day shall be unlawful. Section 3— Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4— Effective Date: This Local Law shall become effective upon filing with the Secretary of State. Carried RESIDENT COMMENTS Supervisor Elkind Eney asked if anyone in the audience wished to address the Town Board and there was no one. BOARD OF FIRE COMMISSIONERS 1. Call to Order Commissioner Elkind Eney called the Meeting to order, then on motion of Commissioner Nichinsky and seconded by Commissioner Nambiar the Board of Fire Commissioners was unanimously declared open. Present were the following Members of the Commission: Commissioner: Jaine Elkind Eney Commissioner: Sabrina Fiddelman Commissioner: Jeffery L. King Commissioner: Robin Nichinsky Commissioner: Anant Nambiar 2. Fire Claims Moved by Commissioner King, seconded by Commissioner Fiddelman RESOLVED that the Board of Fire Commissioners hereby approves the Page 178 of 184 attached list of fire claims for the month of August in the amount of$4,592.03. See Attachment C. Carried 3. Other Fire Department Business There being no further business to come before the Fire Commission, on motion of Commissioner Fiddelman, Seconded by Commissioner Nambiar, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN OF MAMARONECK 1. REVISED: Consideration of Approval - 2024 Capital Budget Amendment - Sanitary Sewer Improvements Moved by Councilmember Nambiar, seconded by Councilmember King, it was RESOLVED that the Town Board hereby authorizes the Comptroller to make the necessary budget amendment for Sanitary Sewer Improvements (H8160), as presented. Carried 2. ADDED: Consideration of Approval - 2024 Capital Budget Amendment -Trails End in Rye (Water Main Replacement, H1404) Moved by Councilmember Fiddelman, seconded by Councilmember King, it was RESOLVED that the Town Board hereby authorizes the Comptroller to make the necessary budget amendment for Trails End in Rye (Water Main Replacement, H1404), as presented. Carried 3. Consideration of Award of Bid - TA-24-03 Highway Yard Generator Replacement Moved by Councilmember Nichinsky, seconded by Councilmember Nambiar, it was RESOLVED that the Town Board hereby awards the bid for TA-24-03 - Highway Yard Generator Replacement opened on July 25, 2024, to J.T. Oronzio General Contracting + Development in the total contract amount of$47,095.00 and Page 179 of 184 hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Carried 4. DEFERRED: Consideration to Set a Public Hearing - "Limitation of Parking Boat Trailers on Public Highways" Law REPORTS OF MINUTES 1. Reports of Minutes August 14, 2024, and September 4, 2024. Moved by Councilmember Fiddelman, seconded by Councilmember Nambiar, it was RESOLVED that the Town Board hereby approves the minutes of August 14, 2024, and September 4, 2024. Carried REPORTS OF THE COUNCIL Councilmember Nambiar • Attended the 9/11 ceremony, an important remembrance of such a hard day for all of us. Was moved to see how our entire community gathered together, along with the many people who returned to the Town to support their friends, family, and the greater community, to honor 9/11 and those listed on our new First Responders monument. • Attended a Westchester Municipal Officials Association dinner recently, which was very informative. • Sadly, has missed several liaison meetings lately because of other Town Board meetings and events. Councilmember Fiddelman • Hopes we continue to remember 9/11, for everyone who died that day, for all the First Responders, for all of us, and for future generations. • The Housing Authority is working hard to improve the quality of life in the Hommocks Park apartments. • Missed the Library Board meeting this month. Visit larchmontlibrary.org to see everything on offer at the library this month, including the Center for Continuing Education's Student Art Show `Celebrating 100 Years,' which is on exhibit in the Oresman Gallery this Fall! Page 180 of 184 Councilmember King • Mark your calendars for the Town's Food Truck event on Saturday, October 5th, from 12 to 4 pm. There are 15 to 17 delicious food trucks lined up, including one lobster truck, so come early! Councilmember Nichinsky • The 9/11 ceremony was particularly poignant, with the new memorial for First Responders and a focus on legacy and education. We must educate our children and future generations to continue to acknowledge and raise awareness of 9/11. • The Board of Architectural Review had a full agenda at the last meeting. • Wishes all who celebrate Rosh Hashanah a very happy new year! • Supervisor Elkind Eney added that the Sustainability Collaborative is having a clean- up this Saturday at the Hommocks Conservation Area. To volunteer, please contact Sue Odierna at 914-381-7816. • Supervisor Elkind Eney also added there will be a Repair Cafe on October 12th at the Senior Center. More volunteers are needed to assist with repairs. Again, to volunteer, please contact Sue Odierna at 914-381-7816. TOWN CLERK'S REPORT The deadline to apply for absentee ballots for military and overseas voters for the upcoming general election is this Saturday, September 21st. Yesterday was National Voter Registration Day! Just a reminder that if you want to check your registration status, find your polling place, learn about the candidates and find out what issues will be on your ballot, you can check at Vote411.org. Last Monday, the Town Clerk's office began renewals for Washington Square and Lester Place residential parking permits. Permits will be mailed out or you can pick up from the Town Center starting October 1st. TOWN ATTORNEY'S REPORT Town Supervisor Elkind Eney set a record tonight as the only person to use the term 'waste stream' twice in one night. Congratulations! ADJOURNMENT On motion of Councilmember King, seconded by Councilmember Nambiar, the meeting was unanimously adjourned at 9:13 pm. Carried Page 181 of 184 REGULARLY SCHEDULED MEETING - September 30, 2024 Submitted by Allison May, Town Clerk Page 182 of 184 47 Town of Mamaroneck '4 iit. Town Board Minutes o ,f_ z Monday, August 26, 2024, Conference Room A, 2 . i72N1—. ,� Second Floor of Town Center 6:00 PM FOUNDED 1661 PRESENT: Jaine Elkind Eney, Town Supervisor Sabrina Fiddelman, Councilmember Jeffery L. King, Councilmember Robin Nichinsky, Councilmember Anant Nambiar, Councilmember ABSENT: ALSO PRESENT: Allison May, Town Clerk Meredith S. Robson, Town Administrator William Maker Jr., Town Attorney Tracy Yogman, Town Comptroller 6:00 PM THE TOWN BOARD WORK SESSION WORK SESSION ITEMS 1. Discussion -Q2 2024 Operating Budget Report Comptroller Tracy Yogman reviewed the Second Quarter 2024 Operating Report with the Town Board. 2. OUT OF ORDER- Discussion -Salary Authorization - Fire Department Moved by Councilmember King, seconded by Councilmember Nichinsky, it was RESOLVED that the Town Board hereby approves the appointment of Kevin Murnane to the full-time position of Firefighter at an annual salary of$60,000, effective September 5, 2024. Carried 3. Discussion -Q2 2024 Capital Budget Report Comptroller Yogman reviewed the report, which was included in the agenda packet. The Comptroller highlighted the Waverly Avenue Bridge project, which is now expected to be completed in November as opposed to October. 4. Discussion of Interim Capital Plan/Budgeting Discussion Administrator Robson provided an overview of the Town's capital plan. She included the first-round of 2025 projects but noted that she had not yet met with staff, so detailed discussions would occur during the upcoming budget meetings. See Attachment A. The Administrator requested direction from the Board on several capital projects. The Board expressed a desire for the Town to be more proactive in its planning, requesting that the Comprehensive Plan be used to prioritize projects. The Administrator explained that currently, projects are listed rather than prioritized, but Page 183 of 184 Town Board August 26, 2024 she could provide a quarterly prioritized review. The Board suggested using a consultant to realign the capital plan and prioritize it against the Comprehensive Plan. After discussing the pool project, Memorial Park, and Fields for Kids, the group agreed that a joint meeting with the Recreation Commission was needed to assist Recreation with their budget planning. 5. Discussion -CDBG Application -Senior Center Generator 6. Request for Executive Session Moved by Councilmember Fiddelman, seconded by Councilmember King, the Town Board agreed to enter into Executive Session to discuss current litigation on the Tree Law; the proposed sale or lease of real property;and a contract negotiation. Carried ADJOURNMENT Moved by Councilmember King, seconded by Councilmember Nichinsky, the Town Board unanimously agreed to adjourn the meeting at 10:10 pm. Carried REGULARLY SCHEDULED MEETING -September 4, 2024 Submitted by Allison May, Town Clerk Page 184 of 184