1 25 51 https://sleepyhollow.localarchives.org/files/original/91e6459aa6cfaef8211632234605c947.pdf 9c7aa1736507bdae57f17d24a4c3306f PDF Text Text WHEREAS, Sleepy Hollow, Tarrytown and Briarcliff Manor (collectively referred to as "the Villages") are proposing to install an interconnection with the Greenburgh ("the Town") water system to ensure an adequate supply of water to Sleepy Hollow, Tarrytown, and Briarcliff Manor in the event of an emergency when water from both the Catskill and New Croton Aqueducts is unavailable; and and WHEREAS, the Villages and the Town have agreed to the plans for the emergency water connection whereby the Villages will each bear one-third (1/3) of the cost of said water connection; and WHEREAS, each of the Villages and the Town must approve an InterMunicipal Agreement prior to the commencement of the work; and WHEREAS, it is agreed by the Villages and the Town that Sleepy Hollow will take the lead in the planning, installation, construction and maintenance of said emergency connection; NOW, THEREFORE, be it resolved the Board of Trustees authorizes the Mayor to execute an Inter-Municipal Agreement with the Villages of Briarcliff Manor and Tarrytown and the Town of Greenburgh to install an interconnection with the Villages and the Town to ensure an emergency water supply. Moved: Trustee Capossela Seconded: Trustee Campbell Vote: 4-0 �INTER-MUNICIPAL AGREEMENT A G R E E M E N T , made . 2010, by and between THE V I L L A G E OF S L E E P Y HOLLOW, a municipal corporation of the State of New York, having an office and place of business located at 28 Beekman Avenue, Sleepy Hollow, New York 10591 (hereinafter referred to as Sleepy Hollow); and THE VILLAGE OF TARRYTOWN, a municipal corporation of the State of New York, having an office and place of business located at 1 Depot Plaza, Tarrytown, New York 10591 (hereinafter referred to as Tarrytown); and THE VILLAGE OF BRIARCLIFF MANOR, a municipal corporation of the State of New York, having an office and place of business located at 1111 Pleasantville Road, Briarcliff Manor, New York 10510 (hereinafter referred to as Briarcliff Manor); and THE TOWN OF GREENBURGH, a municipal corporation of the State of New York, having an office and place of business located at 177 Hillside Avenue, White Plains, New York 10507 (hereinafter referred to as Greenburgh) WHEREAS, referred to as "the Greenburgh water Hollow, Tarrytown, Sleepy Hollow, Tarrytown and Briarcliff Manor (collectively Villages") are proposing to install an interconnection with the system to ensure an adequate supply of water to Sleepy and Briarcliff Manor in the event of an emergency; and WHEREAS, the proposal is to permit the metered import of water from the Town on an emergency basis primarily when both the Catskill and New Croton Aqueducts are unavailable; and WHEREAS, Greenburgh is willing to assist in this proposal; and WHEREAS, the water system improvements include the following: An interconnection will be made via an 8"xl0" tapping sleeve and valve on the Greenburgh water main located in Executive Boulevard. An 8" Class 54 DIP water main will be brought to the proposed meter pit. The proposed interconnection pit will include an 8" Sensus meter, Valmatic Swingflex Check Valve, meter recording equipment, sump pump and all related valves and appurtenances. The pre-cast chamber will be 14.5 feet long by 6,5 feet wide and 7 feet deep. The interconnection after the meter chamber will be made to the 30 inch Villages transmission main through an 8"x30" tapping sleeve and valve and 8-inch DIP class 54 water main; and �Department of C651-05 or for Section 4.4.2 (T lird (1/3) of the cost of said impr ^presentatic of the (b) SEQRA. A Act ("SEQRA") must be do Envir �and guarantee to Greenburgh that in perf« ithorization by its rgr of execution of (30) any time by lotice by any �to in 5. Notices. All notices of any iburgh 1111 of any t, enlarge of all promulgat �The Villages shall further comply, at their sole expense, with all applicable rules, regulations and licensing requirements pertaining to their professional status and that of their employees, partners, associates, sub-consultants and other employed to render any work hereunder. 9. No Discrimination: The parties shall not discriminate against any person on the basis of race, creed, religion, color, gender, age, national origin, ethnicity, alienage or citizenship status, disability, marital status, sexual orientation, familial status, genetic predisposition or carrier status in the performance of this Agreement. 10. Captions. The captions are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope of this Agreement nor the intent of any provision thereof. 11. Entire Agreement. This Agreement and its attachments constitute the entire Agreement between the parties with respect to the subject matter hereof and shall supersede all previously negotiations, commitments and writings. It shall not be released, discharged, changed or modified except b y an instrument in writing signed by a duly authorized reprehensive of each of the parties. :Any extension or other modification of the terms hereof shall be subject to receipt of all necessary approvals. In the event of any conflict between the terms of this Agreement and the terms of any schedule or attachment hereto, it is understood that the terms of this Agreement shall be controlling with respect to any interpretation of the meaning and intent of the parties. 12. Choice of Law. This Agreement shall be construed and enforced in accordance with the laws of the State of New York. In addition, the parties hereby agree that for any cause of action arising out of this Agreement shall be brought in the County of Westchester. 13. Invalidity. If any term or provision of this Agreement is held by a court of competent jurisdiction to be held invalid or void or unenforceable, the remainder of the terms and provisions of this Agreement shall in no way be affected, impaired, or invalidated, and to the extent permitted by applicable law, any such term, or provision shall be restricted in applicability or reformed to the minimum extent required for such to be enforceable. This provision shall be interpreted and enforced to give effect to the original written intent of the parties prior to the determination of such invalidity or unenforceability. �14. Execution. This Agreement may be executed simultaneously in counterparts, each of which shall be an original and all of which shal constitute but one and the same instrument. IN to be the as of the THE TOWN OF GREENBURGH Title: THE VILLAGE OF SLEEPY HOLLOW By: THE VILLAGE OF BRIARCLIFF MANOR By: Title: THE VILLAGE OF TARRYTOWN Title: this �ACKNOWLEGEMENT S T A T E OF N E W Y O R K ss. COUNTY OF WESTCHESTER O n the ^ f) y L day of personally appeared (j^ / v f y g M U in the year 201 ^ b e f o r e me, the undersigned, X/W^iX^-"^. personally known tome or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that h e / s h e / t h e y executed the s a m e in h i s / h e r / t h e i r capacity(ies), and that by his/her/their signatures(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. D ^ ^ m i i i M / o Notary Public - State of New York NO. 01MC6198640 Qualified in Westchester Cpunt My Commission Expires / ' ^ f ^ O c i �Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow Approving the Actions of the Fire Chief BE IT RESOLVED that the Mayor and Board of Trustees of the Village of Sleepy Hollow approves the action of the Fire Chief in electing Eduardo Verdesto to active membership in Pocantico Hook & Ladder Co, No. 1, Eli Diaz to active membership in Union Hose Engine Co. No. 2 & John Lara Mota, Ben Parens, Julius Arend & Dominic Onwe to the Firefighter Trainee Program. BE IT FURTHER RESOLVED that the Board of Trustees directs the Village Clerk to notify the Fire Chief in writing of this resolution. Moved: Trustee Campbell Second: Trustee Stupel Vote: 4-0 �Declaration of Type II Action for Greenburgh Emergency Interconnection WHEREAS, under New York State Village Law, the Village of Sleepy Hollow Board of Trustees (the Village Board) may enter into agreements with other municipalities in order to act in the best interests of its residents and taxpayers; and WHEREAS, the Village Board has given due consideration as to whether to enter into an Inter Municipal Agreement ("the proposed action") with the Villages of Briarcliff Manor and Tarrytown and the Town of Greenburgh for the purpose of installing and constructing an emergency water connection between the Town of Greenburgh and the three Villages heretofore mentioned in the event there is a shortage of the water supply from the Catskill and Croton Aqueducts; and WHEREAS, the Village Counsel has filed a short form Environmental Assessment Review regarding the proposed action; and WHEREAS, the proposed action is classified as a Type II action under Sections 617.5 (c) (20) of the State Environmental Quality Review Act (SEQRA); and WHEREAS, no further action is necessary pursuant to SEQUA; NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees declared the proposed authorization for the Mayor to execute an Inter Municipal Agreement with the Villages of Briarcliff Manor and Tarrytown and the Town of Greenburgh a Type II action requiring no further action under SEQRA. Moved: Trustee Capossela Seconded: Trustee Campbell Absent: Trustees Schroedel and Trustee Carr Vote: 4-0 �Meeting Date: 12/14/2010 Resolution #: 12/183/2010 Whereas, the Police Chief, having reviewed and verified the information in the Village of Sleepy Hollow Towing Application, has recommended that Stiloski's Automotive be awarded the Village of Sleepy Hollow towing license, subject to the conditions set forth in the Towing Application, Now, therefore, be it resolved that the Village Board of Trustees hereby awards Stiloski Automotive the towing license for the period of January 1, 2011 to December 31, 2011. Moved: Trustee Wompa Seconded: Trustee Stupel Vote: 4-0 t f « underSgned Q e r k / ^ M y C t e * , d o tereby ^ r t t ^ t h a t t t w f o r ^ r ^ is a t r t « o c ^ ^ m extract duly adi^JtM by ttie Board T r y ^ « Of vsilagt ^ Sleepy Hrttow, on ttw / y of f t f f D m A M ^ . m u x . arxS irf ttw w h o l e day ttwreof, and I f u r t h ^ certify ttwt tt» same was into the minutes of the n ^ j ^ n f ^ said Board rf held . )•• • saldctote. IN w r r o e ® w h w k * , i f m m f m m u r n m my hand and <mm seal t M s / 4 day sf l ^ t M m ^ ^ f i ^ - . 2 0 / O �RESOLUTION TO RETAIN HEARING EXAMINER Whereas, the Board of Trustees has directed Sgt. Thomas Eaton, a member of the police department, to submit to an examination by an Independent Medical Examiner (IME) regarding his "207-c" benefits; and Whereas, the officer is disputing the findings of the Village's IME and therefore, has the right to contest the findings at a hearing pursuant to the collective bargaining agreement between the Police Benevolent Association and the Village before an independent hearing examiner; Now, Therefore, Be It Resolved, upon the recommendation of the Chief of Police the Board of Trustees hereby retains the services of Robert Kearon to serve as the independent hearing examiner to hear and consider the facts regarding the officer's "207-c" claim and report to the Board of Trustees his findings regarding same; and Be It Further Resolved, the hearing officer shall be paid the sum of $1,200 per day with a cap of $3,600. Moved: Trustee Stupel Seconded: Trustee Campbell Vote: 4-0 �Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Execution of the Community Development Block Grant Agreement for the DeVries Park Playground Rehabilitation WHEREAS, DeVries Park is heavily utilized by the village, but it is the only park in the Village of Sleepy Hollow whose condition has not been significantly upgraded over the past decade. The park needs to be reorganized and the existing playground refurbished, as many structures and pieces of play equipment needed to be removed due to deterioration and concern over not meeting current safety standards; and WHEREAS, a 2010 Community Development Block Grant (CDBG) of $248,200 was received for the DeVries Park playground rehabilitation; and WHEREAS, this CDBG grant requires a local match of $82,733 from the Village of Sleepy Hollow. NOW, THEREFORE, BE IT RESOLVED that Kenneth Wray, the Mayor of the Village of Sleepy Hollow, is hereby authorized to execute the Agreement with the County of Westchester for $248,200 in financial assistance to improve the organization a section of DeVries Park and rehabilitate the playground. BE IT FURTHER RESOLVED that the Mayor is herein authorized to take any and all such steps as are necessary to effectuate the intent of this resolution. Moved: Trustee Campbell Seconded: Trustee Stupel Vote: 4-0 �C o n t r a c t N u m b e r : C-67-10-S96 T H I S I N T E R M U N I C I P A L A G R E E M E N T made this of 2010, by and between; T H E C O U N T Y O F W E S T C H E S T E R , a municipal corporation organized and existing under the laws of the State of New York, having an office and place of business in the Michaelian Office Building, 148 Martine Avenue, White Plains, New York, 10601 (the "County") and T H E V I L L A G E O F S L E E P Y H O L L O W , a municipal corporation organized and existing under the laws of the State of New York, having its offices at 28 Beekman Avenue, Sleepy Hollow, New York 10591 (the "Municipality"). WITNESSETH: W H E R E A S , the County, in cooperation and agreement with the Municipality, has applied for and has been awarded a grant from the United States Department of Housing and Urban Development ("HUD") under Title 1 of the Housing and Community Development Act of 1974, as amended 42 USC § 5301 et seq. (the "Act"), with the eligibility of the County for such grant based, in part, on its status as an "Urban County" as defined under 24 CFR Part 570.307 of the Community Development Block Grant " C D B G " Regulations as may be amended from time to time. W H E R E A S , the County achieved its "Urban County" status as a result of entering into cooperation agreements (the "Urban County Cooperation Agreement(s)") with that number of other municipalities in Westchester County whose combined population exceeds 200,000 in number; and W H E R E A S , said Urban County Cooperation Agreement(s) are required because the County, under applicable law, is not authorized to exercise the full complement of powers necessary or appropriate to carry out all the requirements or achieve all the goals of the Act and C D B G Regulations. W H E R E A S , pursuant to the Urban County Cooperation Agreement(s) each municipality has agreed, among other things, to exercise its powers to carry out projects/programs under the Act and CDBG Regulations (24 CFR Part 570); and �W H E R E A S , the Municipality is one of such cooperating municipalities, and such has executed an Urban County Cooperation Agreement with the County under the Act and C D B G Regulations and a copy of such agreement is on file with the County; and W H E R E A S , it is acknowledged and agreed that the municipality is obligated pursuant to the Urban County Cooperation Agreement to comply with the provisions of Title VI of the Civil Rights Act of 1964, the Fair Housing Act of 1968 and the Americans with Disabilities Act of 1990 and to do what is necessary, as determined by the County, to comply with each of the above referenced Acts, the rules and regulations thereunder, and the undertakings and assurances in the application form insofar as they relate to the activities and programs conducted by the municipality pursuant to this grant, including to affirmatively further fair housing within its own jurisdiction and not impede the County's action to comply with its fair housing certifications; and W H E R E A S , the Municipality has submitted a grant application to the County for performing a project or conducting a program, using "CDBG" funds and the County has concurred with the validity of the project or program through a grant application process; and W H E R E A S , in connection with the aforementioned grant, the County has received and/or will receive grant funds and desires to provide such funds to the Municipality to provide the project or program as more fully set forth in Schedule "A"; and W H E R E A S , the Municipality acknowledges that the County's receipt of the aforementioned grant funding is conditioned, inter alia, on compliance with the provisions of the Act, including the requirement that it affirmatively further fair housing ("AFFH") as set forth in 42 U.S.C. §5304(b)(2); and W H E R E A S , the County signed a stipulation and order of settlement and dismissal in connection with United States of America ex rel. Anti-Discrimination Center of Metro New York, Inc., V. Westchester County, New York. No. 06 Civ. 2860 (DLC) (the "Settlement Agreement") and that paragraph 25(d) thereof requires that agreements for the use of public funds and resources, including �but not limited to, agreements for Community Development Block Grant ( " C D B G " ) funds contain certain minimum commitments by eligible municipalities; and W H E R E A S , the County has submitted a plan entitled the "Westchester County Fair and Affordable Housing Implementation Plan," dated August 9, 2010 (the "Plan"), outlining the County's proposed plan to develop fair and affordable housing as required by the Settlement Agreement, which Plan may be amended from time to time; W H E R E A S , the Municipality desires to receive such grant funds and to provide such projects and programs upon the terms and conditions contained herein; and N O W , T H E R E F O R E , in consideration of the terms and conditions herein contained, the County and the Municipality agree as follows: F I R S T : (a) The Municipality shall perform a rehabilitation project at DeVries Park in the Village of Sleepy Hollow in accordance with the terms as contained in and as more particularly described in the Scope of Services, which is attached hereto and made a part hereof as Schedule " A " (hereinafter referred to as the "Work). The Work includes, without limitation, services provided directly by the Municipality and by any approved contractor, subcontractor or consultant (together the "Contractor(s)"). The Municipality agrees, and shall cause any Contractor(s) to agree, that the Work shall be carried out in accordance with the Act and its implementing regulations, (24 CFR 570) and any applicable rules issued thereunder and agrees to comply with all applicable C D B G Regulations set forth in 24 CFR Part 570, including without limitation those set forth in 24 CFR 135 (the "Part 135 Regulations"). (b) Pursuant to the Part 135 Regulations, where applicable the Municipality agrees, and shall cause all Contractor(s) to agree, to comply with the "Section 3 Clause," as maybe amended from time to time, and as set forth in Section 1 of Schedule "D," which is attached hereto and forms a part hereof The Municipality further agrees to include said Section 3 Clause in any section 3 covered subcontract. �S E C O N D : The term of this Agreement shall commence on July 1, 2010, and shall terminate on December 31, 2011, unless terminated sooner in accordance with the terms herein. Any extension of the term must be requested by the Municipality in writing and signed off and approved by the County Commissioner of Planning or his duly authorized designee (the "Commissioner"), subject to the receipt of all applicable approvals, including without limitation, the County Board of Acquisition and Contract. The Municipality shall report to the Commissioner on its progress at least once a month, or more frequently as the Commissioner may request, and shall immediately inform the Commissioner in writing of any cause for delay in the performance of its obligations under this Agreement. The Municipality shall be responsible for submitting certain forms and reports as required by the Act and the County. For all projects and programs, a County payment voucher and invoice detailing the work completed shall be submitted, as directed herein, on an agreed upon incremental basis. Where applicable, the Municipality shall submit a sub-recipient report, in the fomiat directed by the County. For construction projects, the Municipality shall submit monthly work progress reports including: 1. Certified Invoice - AIA G702 Form. 2. Progress Schedule as agreed upon by the Municipality and the Contractor(s). 3. Section 3 and Davis Bacon compliance certification forms as described in Section D. 4. Weekly interview reports and payroll records, as described in Schedule E. The Municipality shall complete those specific Work items identified in Schedule " A " by the interim deadlines set forth therein, if any, unless an interim deadline is extended by the Commissioner in writing. T H I R D : For the services provided by the Municipality pursuant to Paragraph " F I R S T " hereof, the Municipality shall be paid in an amount not to exceed Two Hundred Forty Eight Thousand Two Hundred ($248,200.00) D O L L A R S , pursuant to the approved budget set forth in Schedule "A". Except as otherwise expressly stated in this Agreement, no payment shall be m a d e by the County to the �Municipality for out-of-pocket expenses or disbursements made in connection with the services rendered or the work to be performed hereunder. Any and ail requests for payment to be made, including any request for partial payment, shall be submitted by the Municipality on properly executed payment vouchers of the County and paid only after approval by the Commissioner. All payment vouchers must be accompanied by a numbered invoice and must contain the dates that the invoiced work commenced and terminated. All invoices submitted during each calendar year shall utilize consecutive numbering and be non-repeating, in no event shall final payment be made to the Municipality prior to completion of all Work and the approval of same by the Commissioner. The Municipality shall, at no additional charge, furnish all labor, services, materials, tools, equipment and other appliances necessary to complete the Work, unless specific additional charges are expressly permitted under this Agreement. It is recognized and understood that even if specific additional charges are expressly permitted under this Agreement, in no event shall total payment to the Municipality exceed the not-to-exceed amount set forth above. F O U R T H : Prior to the making of any payments hereunder, the County or H U D may monitor such books and records of the Municipality as are reasonably pertinent to this Agreement to substantiate the basis for payment. The Municipality will, and will require any approved Contractor(s) to make their books and records available to the County or H U D for audit and inspection. The County will not withhold payment pursuant to this paragraph for more than thirty (30) days after payment would otherwise be due pursuant to the provisions of this Agreement, unless the County or HUD shall find cause to withhold payment in the course of such review or the Municipality and/or any approved Contractor(s) fails to cooperate with such audit. It is recognized and understood by the Municipality that as part of the County 's right to audit the Municipality and/or any approved Contractor(s) to substantiate the basis for payment, the County and/or HUD has the right to audit the performance of the terms of this Agreement by the Municipality and/or an approved Contractor(s). Towards this end, the County and/or H U D m a y request documentation from the Municipality and/or any approved Contractor(s) to verify performance of the �terms of this Agreement, which the Municipality shall provide or cause to be provided. The County and/or HUD may also make site visits to the iocation(s) where the work is being performed to both review the Municipality's and/or Contractor's records and observe the performance of the Work. hi addition, the County and/or H U D shall have the right to audit the books and records of the Municipality and/or any Contractor(s) in connection herewith, and the Municipality shall, and shall require its Contractor(s) to make its books and records available to the County and/or H U D for audit and inspection at any time during the one year period following termination of this Agreement. All of the provisions of this Section FOURTH will survive for a period of six (6) years following the later of termination of this Agreement or completion of the Work. F I F T H : The parties hereto acknowledge and agree that in accordance with paragraph 25(d) of the Settlement Agreement, the Municipality's obligations under Paragraph 6 of the Urban County Agreement and 42 U.S.C. §5304(b)(2), the grant of funds authorized hereunder will be conducted and administered in conformity with the Civil Rights Act of 1964(42 U.S.C. 2000a et seq.) and the Fair Flousing Act (42 U.S.C. 3601 et seq.), and the Municipality will affirmatively further fair housing ("AFFH") within its borders as a condition of any grant of funds under this Agreement. Notwithstanding the foregoing the parties acknowledge that the Municipality does not meet the locational criteria set forth in Paragraph 7 of the Settlement Agreement and as such is ineligible for placement of any of the required seven hundred fifty (750) new fair and affordable housing units ("Affordable AFFH Units") and shall therefore operate under conditions distinct from communities eligible under Paragraph 7. Nothing herein shall be deemed to relieve the Municipality of its statutory and contractual obligation to AFFH, which it certifies that is in compliance with as of the date of this Agreement and will continue such compliance. SIXTH: (a) The parties acknowledge and agree that the obligations of the County hereunder are subject to the County's receipt of all appropriate grant funds as detailed in Schedule " A " which is attached hereto and made a part hereof including without limitation, grant funds from New York State, HUD, etc. if for any reason whatsoever, the full amount of grant funds anticipated to be received pursuant to the C D B G or applicable program, or any portion thereof, are not received by the �County for any reason whatsoever or are reduced, denied or fail to be approved in full for payments due the Municipality, the County shall have the right to either terminate this Agreement or to renegotiate the amounts and rates as set forth herein. If the County subsequently offers to pay a reduced amount to the Municipality, then the Municipality shall have the right to terminate this Agreement upon reasonable prior written notice. (b) The parties further acknowledge and agree that the obligations of the County hereunder with respect to funds, if any, not received pursuant to a grant (the "Non Grant Funds") are subject to further financial analysis of the impact of any New York State Budget (the "State B u d g e f ) proposed and adopted during the term of this Agreement. The County shall retain the right, upon the occurrence of any release by the Governor of a proposed State Budget and/or the adoption of a State Budget or any amendments thereto, and for a reasonable period of time after such release(s) or adoption(s), to conduct an analysis of the impacts of any such State Budget on County finances. After such analysis, the County shall retain the right to either terminate this Agreement or to renegotiate the amounts and rates approved herein. If the County subsequently offers to pay a reduced amount to the Municipality, then the Municipality shall have the right to terminate this Agreement upon reasonable prior written notice. (c) The parties further acknowledge and agree that the obligations of the County under this Agreement with respect to any Non Grant Funds are subject to annual appropriations by its Board of Legislators pursuant to the Laws of Westchester County. Therefore, this Agreement shall be deemed executory only to the extent of such monies being appropriated and available. The County shall have no liability under this Agreement beyond funds appropriated and available for payment pursuant to this Agreement. The parties understand and intend that the obligation of the County hereunder shall constitute a current expense of the County and shall not in any way be construed to be a debt of the County in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by the County, nor shall anything contained in this Agreement constitute a pledge of the general tax revenues, funds or moneys of the County. The County shall pay amounts due under this Agreement exclusively from legally available funds appropriated for this purpose. The County shall retain the right, upon the occurrence of the adoption of any County budget by its Board of Legislators during the term of this Agreement or any amendments thereto, and for a �reasonable period of time after such adoptiDn(s), to conduct an analysis of tlie impacts of any such County budget on County finances. After such analysis, the County shall retain the right to either terminate this Agreement or to renegotiate the amounts and rates set forth herein. If the County subsequently offers to pay a reduced amount to the Municipality, then the Municipality shall have the right to terminate this Agreement upon reasonable prior written notice. S E V E N T H : (a) The County, upon ninety (90) days notice to the Municipality, may terminate this Agreement in whole or in part when the County deems it to be in its best interest. In such event, the Municipality shall be compensated and the County shall be liable only for payment for services already rendered under this Agreement prior to the effective date of termination at the rates specified in Schedule "A". Upon receipt of notice that the County is terminating this Agreement in its best interests, the Municipality shall stop work immediately and incur no further costs in furtherance of this Agreement without the express approval of the Commissioner, and the Municipality shall direct any approved Contractor(s) to do the same. In the event of a dispute as to the value of the Work rendered by the Municipality prior to the date of termination, it is understood and agreed that the Commissioner shall determine the value of such Work rendered by the Municipality. The Municipality shall accept such reasonable and good faith determination as final. (b) Except as may be set forth in this Agreement; in the event the County determines that there has been a material breach by the Municipality of any of the terms of the Agreement and such breach remains uncured for forty-eight (48) hours after service on the Municipality of written notice thereof, the County, in addition to any other right or remedy it might have, may terminate this Agreement and the County shall have the right, power and authority to complete the Work provided for in this Agreement, or contract for its completion, and any additional expense or cost of such completion shall be charged to and paid by the Municipality. Without limiting the foregoing, upon written notice to the Municipality, repeated breaches by the Municipality of duties or obligations under this Agreement shall be deemed a material breach of this Agreement, justifying termination for cause hereunder without requirement for further opportunity to cure. �E I G H T H : The Municipality agrees to procure and maintain insurance naming the County as additional insured, as provided and described in Schedule "B", entitled "Standard Insurance Provisions", which is attached hereto and made a part hereof. In addition to, and not in limitation of the insurance provisions contained in Schedule "B", the Municipality agrees: (a) that except for the amount, if any, of damage contributed to, caused by, or resulting from the negligence of the County, the Municipality shall indemnify and hold harmless the County, its officers, elected officials, employees and agents from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorneys' fees or loss arising directly or indirectly out of the performance or failure to perform hereunder by the Municipality or third parties under the direction or control of the Municipality; and (b) to provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of this Agreement and to bear all other costs and expenses related thereto. N I N T H : The Municipality represents and warrants that it has not employed or retained any person, other than a bona fide full-time salaried employee working solely for the Municipality to solicit or secure this Agreement, and that it has not paid or agreed to pay any person (other than payments of fixed salary to a bona fide full-time salaried employee working solely for the Municipality) any fee, commission, percentage, gift or other consideration, contingent upon, or resulting from, the award or making of this Agreement. For the breach or violation of this provision, without limiting any other rights or remedies to which the County may be entitled, or any civil or criminal penalty to which any violator may be liable, the County shall have the right, in its discretion, to terminate this Agreement without liability, and to deduct from the contract price, or otherwise to recover, the full amount of such fee, commission, percentage, gift or consideration. T E N T H : (a) The Municipality agrees that neither it nor any Contractor(s), employees or any other person acting on its behalf, shall discriminate against or intimidate any employee or other individual on the basis of race, creed, religion, color, gender, age, national origin, ethnicity, alienage or citizenship status, disability, marital status, sexual orientation, familial status, genetic predisposition or �carrier status during the term of or in connection with this Agreement, as those terms may be defined in Chapter 700 of the Laws of Westchester County. The Municipality acknowledges and understands that the County maintains a zero tolerance policy prohibiting all forms of harassment or discrimination against its employees by co-workers, supervisors, vendors, contractors, or others. (b) The Municipality hereby acknowledges and agrees: A. That in the hiring of employees for the performance of work under this contract or subcontract hereunder, no Municipality, Contractor(s), nor any person acting on behalf of such Municipality, Contractor(s), shall by reason of race, creed, color, religion, gender, age, ethnicity, disability, sex, alienage or citizen status, national origin, marital status, sexual orientation, familial status, genetic predisposition or carrier status discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; B. That neither the Municipality, nor any Contractor(s), nor any person on their behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, creed, color, religion, gender, age, ethnicity, disability, sex, alienage or citizen status, national origin, marital status, sexual orientation, familial status, genetic predisposition or carrier status; C. That there may be deducted from the amount payable to the Municipality by the County, under this contract, a penalty of fifty (50) dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; D. That the Agreement may be cancelled or terminated by the County, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement; and �E. The aforesaid provisions of this section covering every contract for or on behalf of the County, for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. E L E V E N T H : The Municipality shall comply, at its own expense, with the provisions of all applicable local, state and federal laws, rules and regulations, including, but not limited to the Federal and State Labor laws, the State Worker's Compensation Law, the State Unemployment Insurance Law, the Federal Social Security Law, the Community Development Act, Section 3 of the Housing and Urban Development Act of 1968, the Civil Rights Act of 1964, the Fair Housing Act of 1968, the Americans with Disabilities Act, Executive Order 11246, the Clean Air Act, the Water Pollution Control Act, and all H U D regulations and directives. The Municipality shall further ensure, at no cost to the County, that its employees, Contractor(s) and any others employed in connection herewith comply with all applicable rules, regulations and licensing requirements. The Municipality agrees to comply with the requirements of any underlying grant agreement(s) for which the County has obtained funds to pay the Municipality pursuant to this Agreement, copies of which will be provided upon request. Notwithstanding the foregoing and to the extent applicable, all new and gut rehab residential buildings up to three stories shall be designed and constructed to meet the standard for Energy Star Qualified New Homes (<_[85 for South]) on the HERS Rating Scale. All procedures used for this rating shall comply with National Home Energy Rating System guidelinesr T W E L V E T H : The Municipality acknowledges that to the extent the County provides any deliverables hereunder, including without limitation, written reports, studies, construction and detail drawings, blueprints, computer printouts, graphs, charts, plans, and specifications, all rights, title and interest (including ownership of copyright) in the foregoing shall be retained by the County. The Municipality shall not use such deliverables other than to perform its obligations as stated in this Agreement and shall not distribute the deliverables to third parties without the County's express written consent except as may be necessary in connection herewith. �Moreover, all records or recorded data of any kind (together the "Records") compiled by the Municipality and/or any Contractor(s) in completing the Work described in this Agreement shall become and remain the property of the County. The term "Records" shall be deemed to include, but not be limited to, written reports, studies, construction and detail drawings, blueprints, computer printouts, graphs, charts, plans, specifications. The Municipality may retain copies of such Records for its own use and shall not disclose any such information without the express written consent of the Commissioner. The County shall have the right to reproduce and publish such Records, if it so desires, at no additional cost to the County. Notwithstanding the foregoing, all deliverables, if any, created under this Agreement by the Municipality, County and/or any Contractor(s) are to be considered "works made for hire." If any of the deliverables do not qualify as "works made for hire," the Municipality hereby assigns to the County all rights, title and interest (including ownership of copyright) in such deliverables and such assignment allows the County to obtain in its name copyrights, registrations and similar protections which may be available. The Municipality agrees to assist the County, if required, in perfecting these rights. The Municipality shall provide the County with at least one original of each deliverable. The Municipality agrees to defend, indemnify and hold harmless the County for all damages, liabilities, losses and expenses arising out of any claim that a deliverable infringes upon an intellectual property right of a third party, if such a claim is made, or appears likely to be made, the Municipality agrees to enable the County's continued use of the deliverable, or to modify or replace it. If the County determines that none of these alternatives is reasonably available, the deliverable may be returned. Notwithstanding the foregoing the parties hereto acknowledge that they are both subject to the New York State Freedom of Information Law ("FOIL"), as set forth in Public Officers Law, Article 6, which mandates public access to government records. The parties hereby acknowledge and agree that they shall have the right to disclose such information as is required by law and that any such disclosure will be limited to the extent that the applicable party considers proper under the law; however, such party will assert any exemptions or exclusions if applicable, if confidential information is sought pursuant to such law or regulation. If either party is directed or ordered to �provide or disclose any information or otherwise required to do so by law, such party shall promptly notify the other that the information is being provided or disclosed. T H I R T E E N T H : The Municipality shall not delegate any duties or assign any of its rights under this Agreement without the prior express written consent of the County. The Municipality shall not subcontract any part of the Work without the written consent of the County, subject to any necessary legal approvals. Any purported delegation of duties, assignment of rights or subcontracting of Work under this Agreement without the prior express written consent of the County is void. The Municipality shall ensure that all such County-approved subcontracts provide that Contractor(s) are subject to all terms and conditions set forth in this Agreement. It is recognized and understood by the Municipality that for the purposes of this Agreement, all Work performed by a County-approved Contractor(s) shall be deemed Work performed by the Municipality. The Municipality shall ensure that all subcontracts for the Work shall expressly provide that Contractor(s) are subject to all terms and conditions set forth in this Agreement, notwithstanding the foregoing, the Municipality shall remain liable to the County for the performance of all obligations under this Agreement. F O U R T E E N T H : The Municipality acknowledges and agrees that the Municipality and its officers, employees, agents, Contractor(s) and/or consultants are independent contractors and not employees of the County or any department, agency or unit thereof In accordance with their status as independent contractors, the Municipality covenants and agrees that neither the Municipality nor any of its officers, employees, agents, Contractor(s) and/or consultants will hold themselves out as, or claim to be, officers or employees of the County or any department, agency or unit thereof F I F T E E N T H : Failure of the County to insist, in any one or more instances, upon strict peiformance of any term or condition herein contained shall not be deemed a waiver or relinquishment of such term or condition, but the same shall remain in full force and effect. Acceptance by the County of any Work or the payment of any invoice or fee due hereunder with knowledge of a breach of any term or condition hereof, shall not be deemed a waiver of any such breach and no waiver by the County of any provision hereof shall be implied. �S I X T E E N T H : All notices of any nature referred to in this Agreement shall be in writing and either sent by registered or certified mail postage pre-paid, or delivered by hand or overnight courier, or sent by facsimile (with acknowledgment received and a copy of the notice sent by registered or certified mail, postage pre-paid), as set forth below or to such other addresses as the respective parties hereto may designate in writing. Notice shall be effective on the date of receipt. Notices shall be sent to the following; To the County: Commissioner Department of Planning Michaelian Office Building 148 Martine Avenue White Plains, New York 10601 with a copy to: County Attorney Michaelian Office Building 148 Martine Avenue White Plains, New York 10601 To the Municipality: Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, NY 10591 Att. Kenneth Wray, Mayor S E V E N T E E N T H : This Agreement and its attachments constitute the entire Agreement between the parties with respect to the subject matter hereof and shall supersede all previous negotiations, commitments, agreements and writings. It shall not be released, discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of each of the parties. In the event of any conflict between the terms of this Agreement and the terms of any schedule or attachment hereto, it is understood that the terms of this Agreement shall be controlling. �E I G H T E E N T H : Nothing herein is intended or shall be construed to confer upon or give to any third party or its successors and assigns any rights, remedies or basis for reliance upon, under or by reason of this Agreement, except in the event that specific third party rights are expressly granted herein. N I N E T E E N T H : The Municipality recognizes that this Agreement does not grant the Municipality the exclusive right to perform the Work for the County and that the County may enter into similar agreements with other recipients on an "as needed" basis and the County may contact and direct any Contractor(s) and delegate any and/or all portions of the Work herein to either the Municipality and/or Contractor(s) at its sole discretion. However, all billing and payments shall be administered through the Municipality and it shall be Municipality's sole responsibility to tender payments to any Contractor(s). T W E N T I E T H : This Agreement may be executed simultaneously in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. This Agreement shall be construed and enforced in accordance with the laws of the State of New York. In addition, the parties hereby agree that for any cause of action arising out of this Agreement shall be brought in the County of Westchester. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid or void or unenforceable, the remainder of the terms and provisions of this Agreement shall in no way be affected, impaired, or invalidated, and to the extent permitted by applicable law, any such term, or provision shall be restricted in applicability or reformed to the minimum extent required for such to be enforceable. This provision shall be interpreted and enforced to give effect to the original written intent of the parties prior to the determination of such invalidity or unenforceability. T W E N T Y - F I R S T : The Municipality shall use all reasonable means to avoid any conflict of interest with the County and shall immediately notify the County in the event of a conflict of interest. The Municipality shall also use all reasonable means to avoid any appearance of impropriety. �T W E N T Y - S E C O N D : All payments made by the County to the Municipality will be made by electronic funds transfer ("EFT") pursuant to the County's Vendor Direct program. Any Municipality or Contractor(s) doing business with Westchester County, who are not already enrolled in the Vendor Direct Program, will be required to fill out and submit an EFT Authorization Form in order to receive payment. The EFT Authorization Form and related information are annexed hereto as Schedule "C". The completed Authorization Form must be returned by the Municipality to the Commissioner prior to execution of the contract, hi rare cases, a hardship waiver may be granted. For a Hardship Waiver Request Form, please contact the Westchester County Finance Department. T W E N T Y - T H I R D : The Municipality agrees to complete and comply with all attached the schedules to this Agreement, including without limitation the following which are attached hereto and made a part hereof: "Other Federal Requirements" (Schedule "D"); the "Federal Labor Standards Provisions" (Schedule "E"); "Certification Regarding Lobbying" (Schedule "F"); the "Certification Regarding Drug Free Workplace Requirements" (Schedule "G"); and "Certification Regarding Debarment and Suspension" (Schedule "Fl"). T W E N T Y - F O U R T H : The recitals preceding the body of this Agreement are hereby incorporated by reference into the body of this Agreement. T W E N T Y - F I F T H : This Agreement shall not be enforceable until it is signed by the parties and approved by the Office of the County Attorney. �IN W I T N E S S W H E R E O F , The County of Westchester and the Municipality have caused this Agreement to be executed. THE COUNTY OF WESTCHESTER By: Name: Title: Edward Buroughs Acting Commissioner of Planning THE V I L L A ^ O^ HOLLOW Title: Approved by the Board of Acquisition and Contract of the County of Westchester on the 1?"' day of June, 2010. Approved as to form and manner of execution County Attorney The County of Westchester �MUNICIPALITY'S ACKNOWLEDGMENT STATE OF NEW Y O R K ) ss.: COUNTY O F W E S T C H E S T E R ) On the day of 'in the year 2010 before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose n a m e is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument; and, acknowledged if operating under any trade name, that the certificate required by the New York State General Business Law Section 130 has been filed as required therein. hire and Of fice of individual PAULA A MCCARTHY Notary Public - State of New York < a w NO. 01MC6198640 Qualified in Westchestf r;,C^nty/ My Commission Expires, ^ �r.F.RTIFlCATE OF AUTHORITY CIsOvCCVO (OfficeTcSher^ signing contract) of certify that 1 am the (the^Nknicipality") a municipal corporation duly organized and in good standing under the ^ V o A R Vs^^A^Ag?^ (Law under which organized, e.g., the New York Business Corporate Law) named in the foregoing agreement; that_ ( P e r ^ n executing a g r ^ m e n t ) who signed said agreement on behalf of the Municipality was, at the time of execution igned saiQ agreen (Title of such person) of the Municipality and that said agreement was duly signed for and on behalf of said Municipality by authority of its Board of """"XyM^rsNr-e.-^S , thereunto duly authorized and that such authority is in full force and effect at the date hereof jLP. xo^C-vo STATE OF NEW YORK ) ss.; COUNTY OF WESTCHESTER) On this and known to me 2010, before me personally came , whose signature appears above, to nw known, day of be" the ^ 5 , the Municipality described in and which executed Lecutedtl the aTOve who being bei by me duly sworn did depose and say that he/she, the said /e certificate, cerl of said Municipality resides at ^A o j ^ ^ s s v x ^ ^ ^ . "of , and that he/she signed his/her name ^vC^c^Vf^S^J ^ y t ^ ^ o' o"*!!-heretoljyorder^ Board of of said Municipality. •T^--—•mriiimiiim. / <1, PAULA A MCCARTHY Notary Public - State of New York NO. 01MC6198640 Qualified In Westchester County l,_.j;^Commission Fxnires �C-67-10-S96 SCHEDULE A SCOPE OF SERVICES B E T W E E N THE C O U N T Y OF WESTCHESTER A N D THE VILLAGE OF SLEEPY HOLLOW FOR A DEVRIES PARK PLAYGROUND R E H A B I L I T A T I O N P R O J E C T IN T H E V I L L A G E O F S L E E P Y H O L L O W . A. PURPOSE T h e V i l l a g e of S l e e p y Flollow will u s e the C o m m u n i t y D e v e l o p m e n t B l o c k Grant Iiinds to c o m p l e t e a D e V r i e s Park P l a y g r o u n d R e h a b i l i t a t i o n P r o j e c t in the V i l l a g e of S l e e p y Hollow. B. SCOPE OF SERVICES General Park Improvements Demolition Trash Receptacles P i c n i c Grills Decorative Benches Picnic Tables Concrete Pavement Asphah Pavement Deciduous Shade Trees Lawn Topsoil Subtotal Playground Area T o d d l e r Play S t r u c t u r e Freestanding Play Equipment School A g e P l a y Structure Freestanding Play Spinners Tire S w i n g Two Bay Swings Cobble Curb C o n c r e t e S e a t i n g Wall Age Appropriate Signs Fibar S a f e t y S u r f a c i n g Subtotal Parking Lot Demolition Asphalt Pavement Concrete Curb $4,500.00 $2,000.00 $10,500.00 $5,100.00 $20,454.66 $ 16,544.34 $5,600.00 $4,500.00 $1,712.00 $70,911.00 $50,000.00 $3,500.00 $50,000.00 $3,500.00 $5,500.00 $7,000.00 $8,982.12 $4,708.00 $2,400.00 $21,288.42 $156,878.54 $70,000.00 $24,075.00 $27,234.00 �P a v e m e n t Striping W a t e r Quality D r a i n a g e S y s t e m Vehicular Lighting Electrical C o n d u i t Deciduous Shade Trees Subtotal $2,500.00 $10,000.00 $20,000.00 $7,650.50 $3.850.00 $95,309.50 Alternate 20' H i g h C h a i n L i n k F e n c e $20,223.00 Total Contingency $323,099.04 $64,619.81 $387,718.84 CDBG TOTAL CONTRIBUTION C. $248,200.00 TIME OF P E R F O R M A N C E T h e contract b e t w e e n the C o u n t y of W e s t c h e s t e r and the Village o f Sleepy H o l l o w will b e g i n on J u l y 1, 2 0 1 0 , and end on D e c e m b e r 31, 2011. D. PAYMENT T h e C o u n t y o f W e s t c h e s t e r will r e i m b u r s e the Village o f S l e e p y H o l l o w f o r e x p e n s e s incuixed in the D e V r i e s P a r k P l a y g r o u n d Rehabilitation P r o j e c t in the Village o f Sleepy H o l l o w in an a m o u n t n o t to e x c e e d $ 2 4 8 , 2 0 0 . 0 0 . A n y and all r e q u e s t s f o r p a y m e n t to be m a d e , including any partial p a y m e n t m a d e in p r o p o r t i o n to the w o r k c o m p l e t e d , shall be submitted o n p r o p e r l y e x e c u t e d p a y m e n t v o u c h e r s of t h e C o u n t y a n d p a i d only after a p p r o v a l by the C o m m i s s i o n e r of P l a n n i n g of the C o u n t y o f W e s t c h e s t e r or his duly authorized d e s i g n e e ( h e r e i n a f t e r the " C o m m i s s i o n e r " ) . All p a y m e n t v o u c h e r s m u s t b e a c c o m p a n i e d b y a n u m b e r e d invoice and m u s t contain the invoice n u m b e r w h e r e indicated. All i n v o i c e s s u b m i t t e d during e a c h calendar y e a r shall utilize sequential n u m b e r i n g and b e n o n - r e p e a t i n g . It is u n d e r s t o o d that the Village of Sleepy Hollow will c o m p l y w i t h the federal regulations f o r equal e m p l o y m e n t opportunity, labor, and Section 3 as s p e c i f i e d in the C o m m u n i t y D e v e l o p m e n t Act. Failure to c o m p l y will result in the w i t h h o l d i n g of p a y m e n t b y the W e s t c h e s t e r C o u n t y D e p a r t m e n t of Planning. It is also u n d e r s t o o d that the D e p a r t m e n t of Plamiing staff will visit the site d u r i n g c o n s t r u c t i o n and will inspect the project f o r substantial c o m p l e t i o n . It is also u n d e r s t o o d that the Village of Sleepy Hollow will c o m p l y with all r e q u i r e m e n t s and p r o v i s i o n s u n d e r the A m e r i c a n s with Disabilities Act as it m a y b e a m e n d e d f r o m t i m e to time, w i t h regard to the w o r k u n d e r this contract. �It is f u r t h e r u n d e r s t o o d that all A D A w o r k m u s t be p e r f o r m e d p u r s u a n t to t h e U n i t e d States D e p a r t m e n t of H o u s i n g and U r b a n D e v e l o p m e n t R u l e 24, C F R Part 9. T h e M u n i c i p a l i t y ftilly u n d e r s t a n d s and a c k n o w l e d g e s its responsibility to c o m p l y w i t h the A m e r i c a n s w i t h Disabilities A c t ( " A D A " ) , the rules and r e g u l a t i o n s t h e r e u n d e r , and that n o t h i n g c o n t a i n e d h e r e i n shall be c o n s t r u e d to a b s o l v e the M u n i c i p a l i t y f r o m t h e s e obligations. T h e M u n i c i p a l i t y f u r t h e r a c k n o w l e d g e s a n d agrees that if, in order to c o m p l y with the A D A , it s h o u l d b e c o m e n e c e s s a r y to p e r f o r m certain w o r k n o t c o v e r e d in the t e r m s o f this A g r e e m e n t , or if it s h o u l d b e c o m e n e c e s s a r y to m o d i f y or r e d o w o r k already p e r f o n n e d p u r s u a n t to the ternis of this A g r e e m e n t , t h e n such w o r k will be the sole responsibility of the M u n i c i p a l i t y to p e r f o r m and the C o u n t y will n o t b e obligated, in a n y w a y , to f u r t h e r c o m p e n s a t e the Municipality. A s of J u l y 1, 1996, all recipients of grants in a m o u n t s of $ 3 0 0 , 0 0 0 . 0 0 annually or m o r e of direct federal financial assistance, including a w a r d s received indirectly f r o m the state a n d w h i c h m a y contain a m i x of federal and state f u n d s , m u s t p r o v i d e the C o u n t y of W e s t c h e s t e r w i t h an a n n u a l audit p e r f o r m e d at the r e c i p i e n t ' s e x p e n s e . T h e subrecipient, at its sole cost and e x p e n s e , shall s u b m i t e a c h yeai" h e r e u n d e r to the C o i n m i s s i o n e r of P l a n n i n g no later than ninety d a y s f o l l o w i n g the c o n c l u s i o n of each fiscal year of the subrecipient an audited statement of its operations in a c c o r d a n c e w i t h the t e r m s o f t h e contract. S u b m i s s i o n of the audited s t a t e m e n t shall n o t limit the C o u n t y ' s right to inspect and audit the subrecipient records and b o o k s of account. S u c h statement shall c o m p l y w i t h respective federal or state grant c o m p l i a n c e r e q u i r e m e n t s and g o v e r n m e n t a l auditing standards applicable to the p r o g r a m a n d shall b e p r e p a r e d by a p u b l i c a c c o u n t a n t m e e t i n g the i n d e p e n d e n c e standards i n c l u d e d in generally a c c e p t e d g o v e r n m e n t auditing standards. T h e subrecipient f u r t h e r agrees to f u r n i s h all reports and m a t e r i a l s n e c e s s a r y to peiinit the C o u n t y to f u l f i l l its reporting r e q u i r e m e n t s to state and f e d e r a l authorities. T h e subrecipient shall include in its A g r e e m e n t w i t h a n i n d e p e n d e n t auditor selected to p e r f o r m the audit required h e r e u n d e r a p r o v i s i o n p r o v i d i n g the C o u n t y , state and federal authorities with access to the auditor's w o r k p a p e r s . U n l e s s the C o u n t y , state or f e d e r a l authorities shall advise the subrecipient in w r i t i n g to the contrary, the subrecipient and its i n d e p e n d e n t auditor shall retain all financial r e c o r d s and w o r k p a p e r s f o r a period of three years after the expiration or t e n n i n a t i o n of this A g r e e m e n t . All publicity and p r e s s releases r e g a r d i n g the project will include details r e g a r d i n g the f u n d s p r o v i d e d by the W e s t c h e s t e r C o u n t y C o m m u n i t y D e v e l o p m e n t B l o c k Grant Program. T h e C o u n t y of W e s t c h e s t e r requires that bid specifications f o r this p r o j e c t include the clause: P u r s u a n t to Section 308.01 of the L a w s of W e s t c h e s t e r C o u n t y , the policy of the C o u n t y is to e n c o u r a g e the m e a n i n g f u l and significant participation on C o u n t y contracts ibr �b u s i n e s s enterprises o w n e d by p e r s o n s of color and w o m e n - M i n o r i t y B u s i n e s s E n t e r p r i s e ( M B E ) and W o m e n B u s i n e s s E n t e i p r i s e ( W B E ) . A b u s i n e s s o w n e d and controlled b y w o m e n or p e r s o n s of color is d e f i n e d as a b u s i n e s s e n t e i p r i s e i n c l u d i n g a sole proprietorship, p a r t n e r s h i p or c o i p o r a t i o n that is: a. A t least 5 1 % o w n e d by o n e or m o r e p e r s o n s of color or w o m e n ; b. A n enterprise in w h i c h s u c h o w n e r s h i p b y p e r s o n s of color or w o m e n is real, substantial and continuing; c. A n enterprise authorized to do b u s i n e s s in this state w h i c h is i n d e p e n d e n t l y o w n e d and operated. In addition, any b u s i n e s s enterprise certified as a n M B E or W B E p u r s u a n t to Article 15-a o f the N e w Y o r k State E x e c u t i v e L a w and the i m p l e m e n t i n g regulations, 9 N Y C R R subtitle N part 5 4 0 et seq., or as a small d i s a d v a n t a g e d b u s i n e s s c o n c e r n p u r s u a n t to the S m a l l B u s i n e s s Act, 15 U . S . C . 631 et seq., automatically qualifies. T h e recipient m u s t p r o v i d e statistics to the D e p a r t m e n t of P l a n n i n g on the participation of M B E / W B E . T h e r e c o r d s m u s t indicate the type and a m o u n t of each p r i m e contract, and indicate w h e t h e r the b u s i n e s s is o w n e d b y s o m e o n e w h o is A f r i c a n - A m e r i c a n , H i s p a n i c , A s i a n - A m e r i c a n , A m e r i c a n h i d i a n or A l a s k a n N a t i v e . CP �SCHEDULE "B" S T A N D A R D INSURANCE PROVISIONS (MUNICIPALITY) 1. Prior to commencing work, the Municipality shall obtain at its own cost and expense the required insurance from insurance companies licensed in the State of New York, carrying a Best's financial rating of A or better, and shall provide evidence of such insurance to the County of Westchester, as may be required and approved by the Director of Risk Management of the County. The policies or certificates thereof shall provide that thirty days prior to cancellation or material change in the policy, notices of same shall be given to the Director of Risk Management of the County of Westchester by registered mail, return receipt requested, for all of the following stated insurance policies. All notices shall name the Municipality and identify the Agreement. If at any time any of the policies required herein shall be or become unsatisfactory to the County, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the County, the Municipality shall upon notice to that effect from the County, promptly obtain a new policy, submit the same to the Department of Risk Management of the Upon failure of the County of Westchester for approval and submit a certificate thereof Municipality to furnish, deliver and maintain such insurance, the Agreement, at the election of the County, may be declared suspended, discontinued or terminated. Failure of the Municipality to take out, maintain, or the taking out or maintenance of any required insurance, shall not relieve the Municipality from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the contractual obligations of the Municipality concerning indemnification. All property losses shall be made payable to and adjusted with the County. In the event that claims, for which the County may be liable, in excess of the insured amounts provided herein are filed by reason of any operations under the Agreement, the amount of excess of such claims or any portion thereof, may be withheld from payment due or to become due the Municipality until such time as the Municipality shall furnish such additional security covering such claims in form satisfactory to the County of Westchester. 2. The Municipality shall provide proof of the following coverage (if additional coverage is required for a specific agreement, those requirements will be described in the "Special Conditions" of the contract specifications): (a) Workers' Compensation. Certificate fonn C-105.2 (9/07) or State Fund Insurance Company form U-26.3 is required for proof of compliance with the New York State Workers' Compensation Law. State Workers' Compensation Board form DB-120.1 is required for proof of compliance with the New York State Disability Benefits Law. Location of operation shall be "All locations in Westchester County, New York." Where an applicant claims to not be required to carry either a Workers' Compensation Policy or Disability Benefits Policy, or both, the employer must complete NYS form �CE-200, available to download at: www.wcb.state.ny.us (click on Employers/Businesses, then Business Fermits/Licenses/Contracts to see instruction manual). If the employer is self-insured for Worker's Compensation, he/she should present a certificate from the N e w York State Worker's Compensation Board evidencing that fact (Either SI-12, Certificate of Workers' Compensation Self-Insurance, or GSl-105.2, Certificate of Participation in Workers' Compensation Group Self-Insurance). (b) Employer's Eiability with minimum limit of $100,000.00. (c) Commercial General Eiability Insurance with a m i n i m u m limit of liability per occurrence of $1,000,000.00 for bodily injury and $100,000.00 for property damage or a combined single limit of $1,000,000.00 (c.s.l.), naming the County of Westchester as an additional insured. This insurance shall indicate the following coverages: (i) (ii) Premises - Operations. Broad Form Contractual. (d) Automobile Liability Insurance with a minimum limit of liability per occurrence of $1,000,000.00 per occurrence for bodily injury and a m i n i m u m limit of $100,000.00 per occurrence for property damage or a combined single limit of $1,000,000.00 unless otherwise indicated in the contract specifications. This insurance shall include for bodily injury and property damage the following coverage's: (i) (ii) (iii) Owned automobiles. Hired automobiles. N o n - o w n e d automobiles. 3. All policies of the Municipality shall be endorsed to contain the following clauses: (a) Insurers shall have no right to recovery or subrogation against the County of Westchester (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the above-described insurance. (b) The clause "other insurance provisions" in a policy in which the County of Westchester is named as an insured, shall not apply to the County of Westchester. (c) The insurance companies issuing the policy or policies shall have no recourse against the County of Westchester (including its agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy. (d) Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of, and at the sole risk of, the Municipality. Rev. 12/08 �SCHEDULE " C " Westchester County Vendor Direct Program Frequently Asked Questions 1. W H A T ARE THE B E N E F I T S O F THE ELECTRONIC F U N D S T R A N S F E R (EFT) A S S O C I A T E D WITH T H E V E N D O R D I R E C T P R O G R A M ? Tiiere are several advantages to having your payments automatically deposited into your designated bank account via EFT: Payments are secure - Paper checks can be lost in the mail or stolen, but money deposited directly into your bank account is more secure. You save time - Money deposited into your bank account is automatic. You save the time of preparing and delivering the deposit to the bank. Additionally, the funds are immediately available to you. ARE MY P A Y M E N T S G O I N G T O BE P R O C E S S E D ON T H E S A M E S C H E D U L E AS 2. FHEY WERE B E F O R E V E N D O R DIRECT? Yes. 3. H O W Q U I C K L Y WILL A P A Y M E N T BE D E P O S I T E D INTO MY A C C O U N T ? Payments are deposited two business days after the voucher/invoice is processed. Saturdays, Sundays, and legal holidays are not considered business days. 4. H O W WILL 1 K N O W WHEN T H E P A Y M E N T IS IN MY B A N K A C C O U N T A N D W H A T IT IS F O R ? Under the Vendor Direct program you will receive an e-mail notification two days prior to the day the payment will be credited to your designated account. The e-mail notification will come in the form of a remittance advice with the same information that currently appears on your check stub, and will contain the date that the funds will be credited to your account. 5. W H A T IF T H E R E IS A D I S C R E P A N C Y IN T H E A M O U N T R E C E I V E D ? Please contact your Westchester County representative as you would have in the past if there were a discrepancy on a check received. 6. W H A T IF 1 D O N O T R E C E I V E THE M O N E Y IN M Y D E S I G N A T E D B A N K A C C O U N T ON T H E D A T E I N D I C A T E D IN THE E-MAIL? In the unlikely event that this occurs, please contact the Westchester County Accounts Payable Department at 914-995-4708. 7. W H A T M U S T 1 D O IF I C H A N G E MY BANK OR MY A C C O U N T N U M B E R ? Whenever you change any information or close your account a new Vendor Direct Payment Authorization Form must be submitted. Please contact the Westchester County Accounts Payable Department at 914-995-4708 and we will e-mail you a new form. �8. WHEN C O M P L E T I N G T H E P A Y M E N T A U T H O R I Z A T I O N F O R M , WHY M U S T 1 HAVE IT SIGNED BY A B A N K OFFICIAL IF I D O N ' T I N C L U D E A V O I D E D C H E C K ? This is to ensure the authenticity of the account being set up to receive your payments. ��Schedule "D" Other Federal Requirements 1. (i) "Section 3" Compliance in the Provision of Training, Employment and Business Opportunities: The work to be performed hereunder is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part, by persons residing in the area of the project. All parties hereto will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. All parties hereto certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. The requirements of Section 3 apply to recipients of Housing and Community Development Assistance that invest in $200,000 or more into projects/programs; involving housing construction, rehabilitation or other public construction. All contractors ( subcontractors) receiving covered funds in excess of $ 100,000 to complete projects involving housing construction, rehabilitation, or other public construction are required to comply with all requirements of set forth in Section 3 The Municipality acknowledges that it is their sole responsibility to determine whether it or its subcontractors are in compliance with all terms and conditions of Section 3 of the Housing and Urban Developinent Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The recipients of these funds shall adhere to the following, and all sub contracts shall include the language below: 1 (ii). Pursuant to § 135.38, all section 3 covered contracts shall include the following clause (referred to as the "Section 3 Clause"): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. �C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subconti-act subject to compliance witli regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligafions under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work p e r f o r m e d in connection with section 3 covered Indian h o u s i n g assistance, section 7(b) of the Indian S e l f - D e t e r m i n a t i o n and Education Assistance A c t (25 U.S.C. 4 5 0 e ) also applies to the work to be p e r f o r m e d under this contract. Section 7(b) requires that to the greatest extent feasible (i) p r e f e r e n c e and opportunities for training and e m p l o y m e n t shall be given to Indians, and (ii) p r e f e r e n c e in the a w a r d o f contracts and subcontracts shall be given to Indian organizations and Indian-owned E c o n o m i c Enterprises. Parties to this contract that are subject to the p r o v i s i o n s o f section 3 and section 7(b) agree to c o m p l y with section 3 to the m a x i m u m extent feasible, but not in d e r o g a t i o n o f c o m p l i a n c e with section 7(b). The recipient shall provide such copies of 24 CFR Part 135 as may be necessary for the information of parties to contracts required to contain the Section 3 clause. 2. Flood Disaster Protection: This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (P.L. 93-234). No portion of the assistance provided under this Agreeinent is approved for acquisition or construction purposes as defined under Section 3(a) of said Act, for use in an area identified by the Secretary as having special flood hazards which is located in a community not then in compliance with the requirements for participation in the national flood insurance program pursuant to Section 201(d) of said Act; and the use of any assistance provided under this Agreement for such acquisition or construction in such identified areas in communities then participating in the national flood insurance program shall be subject to the mandatory purchase of flood insurance requirements of Section 102(a) of said Act. Any contract or agreement for the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement shall contain, if such land is located in an area identified by the Secretary of HUD as having special flood hazards and in which three sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended, 24 �U.S.C. 4001 et seq., provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be required notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Agreement. 3. Equal Employment Opportunity: (a) Minority and Woman Business Outreach Programs: The Municipality agrees to be bound by and comply with any policies and procedures established by any controlling jurisdiction, including but not limited to the State of New York or the County, regarding any outreach programs for woman and minority owned business required by Section 281 of the National Affordable Housing Act, as amended. (b) Activities and contracts not subject to Executive Order 11246. as atnended. In carrying out the program, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment; without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the County setting forth the provisions of this nondiscrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The Contractor shall incorporate the foregoing requirements of this paragraph (a) in all of its contracts for program work, except contracts governed by paragraph (b) of this section, and will require all of its contractors for such work to incorporate such requirements in all subcontracts for program work. (c) Contracts subject to Executive Order 11246 as amended. Such contracts shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130, applicable to HUD assisted construction contracts. The Contractor shall cause or require to be inserted in full in any nonexempt contract and subcontract for construction work, for modification thereof, as defined in said regulations, which is paid for in whole or in part with the assistance provided under this Agreement, the following equal opportunity clause: During the performance of this contract, the Contractor agrees as follows: (!) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. �The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the County setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract of understanding, a notice to be provided by the County advising the said labor union or workers' representatives of the contractor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1963, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by HUD and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (I) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 25, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as HUD or the County may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontract or vendor as a result of such direction by HUD or the County, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. The Contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the Contractor so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Contractor agrees that it will assist and cooperate actively with HUD and the Secretary of Labor in obtaining the compliance of contractors and sub-contractors with the equal opportunity clause and the rules, regulations, and relevant order of the Secretary of Labor; that it will furnish HUD and the �Secretary of Labor such information as they miglit require for the supervision of such compliance; and tliat it will otherwise assist HUD in the discharge of its primary responsibility for securing compliance. The Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonsti-ated eligibility for, Government contracts and federally assisted construction contracts pursuant to the executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and sub-contractors by HUD or the Secretary of Labor pursuant to Part 11, Subpart D of the executive order, in addition, the Contractor agrees that if it fails or refuses to comply with these undertakings, HUD or the County may take any or all of the following actions: Cancel, terminate or suspend in whole or in part the grant or loan guarantee or this contract; refrain from extending any further assistance to the Contractor under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Contractor; and refer the case to the Department of Justice for appropriate legal proceedings. 4. Lead-Based Paint Hazards The construction or rehabilitation of residential structures with assistance provided under this Agreement is subject to the HUD Lead-Based Paint Regulations, 24 CFR Part 35, as modified by Section 570.608 of Subpart K. Any grants or loans made by the Contractor for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of lead-based paint hazards under Sub-Part B of said regulations, and the Contractor shall be responsible for the inspections and certifications required under Section 35.14(f) thereof 5. Compliance with Air and Water Acts: This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et. seq. and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. in compliance with said regulations, the Contractor shall cause or require to be inserted in full in all contracts and subcontracts with respect to any nonexempt transaction thereunder funded with assistance provided under this Agreement, the following requirements: (1) A stipulation by the Contractor or Sub-contractor that any facility to be utilized in the performance of any nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 4r0 CFR 15.20. (2) Agreement by the contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857-C-8) and Section 308 of the Federal Water Pollution Control Act, as amended (33 USC 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. (3) A stipulation that as a condition for the award of the contract prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility �utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. (4) Agreement by the contractor that he will include or cause to be included the criteria and requirements in Paragraph (1) through (4) of this section in every nonexempt subcontract and requiring that the contractor will take such action as HUD and/or the County may direct as a means of enforcing such provisions. In no event shall any amount of the assistance provided under this Agreement be utilized with respect to a facility which has given rise to a conviction under Section 113(c)(1) of the Clean Air Act or Section 309 (c) of the Federal Water Pollution Control Act. 6. Federal Labor Standards Provisions: Except with respect to the rehabilitation of residential property designed for residential use for less than eight families, the Contractor and all Contractors engaged under contracts in excess of $2,000.00 for the construction prosecution, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement, shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3, 5 and 5a, governing the payment of wages and the ratio of apprentices and trainees to journeymen: Provided, that if wage rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve the Contractor of its obligation, if any, to require payment of the higher rates. The Contractor shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5 and, for such contracts in excess of $10,000, 29 CFR 5a.3. No award of the contracts covered under this section of the Agreement shall be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract. 7. Nondiscrimination Under Title VI of the Civil Rights Act of 1964 This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto, including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Contractor shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex, or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the Contractor, the United States, and the County are beneficiaries of and entitled to enforce such covenant. The Contractor in undertaking its obligation in can-ying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. ^ Obligations of Contractor with respect to Certain Third Party Relationships: The Contractor shall remain fully obligated under the provisions of the Agreement notwithstanding its designation of a third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement to the Municipality. �The Contractor shall comply with all lawful requirements of the County necessary to insure that the program with respect to which assistance is being provided under this Agreement to the Contractor is carried out in accordance with the County's Assurances and Certifications to HUD, including those with respect to the assumption of environmental responsibilities of the Applicant under Section 104(h) of the Housing and Community Development Act of 1974. 9. Interest of Certain Federal Ofncials: No member of or Delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. 10. Interest of Members. Officers, or Employees of Contractor, Members, of Local Governing Board, or Other Public Officials: No Member, officer, or employee of the Contractor, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. The Contractor shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section. 11. Prohibition Against Payments of Bonus or Commission: The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval of applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title 1 of the Housing and Community Development Act of 1974, or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical Contractor, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as a program cost. 12. D e b a r m e n t : The Municipality further agrees to comply with the requirements set forth in 24 CFR part 5 that assistance under this part shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the services of, or fund any contractor or sub recipient during any period of debarment, suspension, or placement in ineligibility status under the provisions of 24 CFR part 24. 13. Conflicts of I n t e r e s t : The Municipality further agrees with the conflict of interest provisions in 24 CFR 85.36 and 84.42, respectively, shall apply and that the Municipality shall fully comply with same. In all cases not governed by 24 CFR 85.36 and 84.42, the provisions of this section, Part 570.611 (a)(2) shall apply. Such cases include the acquisition and disposition of real property and the provision of assistance by the recipient or by its sub recipients to individuals, businesses or other private entities under eligible C D B G activities that authorize such assistance (e.g. rehabilitation, preservation, and other improvements of private properties or facilities pursuant to §570.202; or grants, loans, and other assistance to businesses, individuals, and other private entities pursuant to §§570.203, 570.204, 570.455, or 570.703(i) shall apply. �14. Miscellaneous: The parties represent that none of them has, nor will have any understanding, oral or written, with any other person or party relating to the misuse, misappropriation, or "kickback" of any of three federal monies paid or to be paid hereunder. The parties agree to comply with all applicable federal, state and local laws, codes, ordinances, rules, and regulations including, but not limited to, the Housing and Community Development Act of 1974 and the rules and regulations thereunder, as the same may be amended. Without limidng the generality of the foregoing, the parties will comply with 24 CFR Part 35 regarding elimination of lead based paint hazards, with 24 CFR Part 15 regarding the requirements of the Clean Air Act and Federal Water Pollution Act, and with Title VI of the Civil Rights Act of 1964 together with 24 CFR Part 570.601, 24 CFR Part 1 and Executive Order 11246, to the effect that no person in the United States shall, on the ground of race, color, national origin or sex, be excluded for participation in, denied the benefits of, or be otherwise subjected to, discrimination under any activity involving federal assistance. The Owner (but not any of the Contractors) agrees to cause to be included in any instrument of sale, lease, or conveyance of the property improved with federal assistance hereunder, a clause obligating the transferee and successors to observe the requirements of Title VI of the Civil Rights Act of 1964. Where applicable, the Municipality shall comply with the conditions prescribed by HUD for the use of CDBG funds by religious organizations 15. Exhibit 1 Where applicable, attached hereto and made a part hereof is Exhibit i, which exhibit contains certain of the regulations referred to in this agreement. 16. Subpart K - Other Program Requirements: The recipient agrees to comply in all respects with the program requirements set forth in Subpart K of Part 570 of the Federal Regulation (24 CFR 570.600 et seq.), including without limitation, 570.610 Uniform administrative requirements and cost principles. Additional guidance on this subject can be found in OMB circular No. A-87 "Cost Principles for State, Local and Indian Tribal Governments"; 0 M B Circular A-128 "Audits for State, Local and Tribal Governments" and 24 CFR Part 85 "Uniform Administrative Requirements". Further, the recipient will comply witli 570.613 Eligibility restrictions for certain resident aliens as described in 24 CFR Part 49, as well as the Architectural Barriers Act and the Americans Disabilities Act as set forth in 570.614 of the CDBG Regulations 17. Program Income: Prior to the disbursement of any funds pursuant to this agreement, the recipient shall execute and deliver to the county either (1) a written statement by the Public Officer of the municipality. Officer of the authorized representative of the recipient that there will be any "program income" as that term is defined pursuant to 24 CFR 530.3; or (2) a program income agreement between the County and the recipient regarding the disposition of program income prepared in the form specified pursuant to 24 CFR 504.(c). 18. Reversion of Assets: The Municipality accepts all terms and provisions of 24 CFR 85.43 ( " E n f o r c e m e n f ) if the Municipality fails to comply with any term of the award, and that the award may be terminated for convenience in accordance with 24 CFR 85.44. The recipient agrees that upon the expiration of this agreement with the County, that any CDBG funds on hand at the time of expiradon and any accounts receivable attributable to the use of CDBG funds shall be transferred to the County, for recommital to the CDBG program. The recipient further agrees �that it will ensure that any real property under the recipient's control that has been acquired or improved in whole or in part by CDBG funds in excess of $25,000 is either; 1) Used to meet one of the National Objectives in s. 570.208 until five years after expiration of the agreement, or such longer period of time as determined appropriate by the County; or 2) Is disposed of in a manner which results in the County being reimbursed in the amount of the Fair Market value of the property less any portion thereof attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is not required after the period of time specified in accordance with 1) above. �Schedule "E" Federal L a b o r S t a n d a r d s P r o v i s i o n s U.S. Department of Housing and Urban Development Applicability The Project or Program to which the construction woric covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage of determination of the Secretary of Labor regardless of any contractual relationship which might be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(l)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, and programs, which cover the particular weekly period, are determined to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates confirmed under 29 CFR Part 5.5(a)(l)(ii) shall be posted at all times by the contractor and its sub-contractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. �(b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration. U.S. Department of Labor. Washington. DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rates (including the amount designated for fringe benefits, where appropriate) HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (l)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the DavisBacon Act have been met. The secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or sub-contractor the full amount of wages required by the contract in the event of failure to pay any laborer or mechanic, including any apprentice trainee or helper, employed or working on the site of the work (or under the United States Housing act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract. HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or sub-contractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. �3 (0 Payrolls and Basic Records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such work, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a) (l)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefit is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under 0 M B Control Numbers 12150140 and 1215-00017). (ii)(a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case might be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-00500014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all sub-contractors. (Approved by the Office of Management and Budget under 0 M B Control Number 1215-0149). (b) Each payroll submitted shall be accompanied by a "Statement of Compliance", signed by the contractor or sub-contractor or his or her agency who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5 (aX3)(i) and that such information is correct and complete. (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3(ii)(b) of this section. �(d) The falsification of any of the above certifications may subject the contractor of subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or sub-contractor shall make the records required under paragraph A.3(i) of this section available for inspection, copying or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or sub-contractor fails to submit the required records or make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 4 (1) Apprentices and Trainees. Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ration of apprentices to journeymen on the job site in any craft shall not be greater than the ration permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which the program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or sub-contractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification, if the administrator determines that a different practice prevails for tlie applicable apprentice classification, fringe shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Depaitment of Labor, Employinent and ITaining Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman houdy rate specified in the applicable wage detennination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage �determination whicli provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed, in addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed, in the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the acceptable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. 6. Subcontracts. The contractor or sub-contractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the sub-contractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier sub-contractor with all contract clauses in 29 CFR Part 5.5. 7. Contracts Termination: Debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a sub-contractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its sub-contractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (1) Certification of Eligibility. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR Sr. 12(a)( 1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C., "Federal Housing Administration Transactions" provides in part, "Whoever, for the purpose of., influencing in any way the action of such administration .. makes, utters or publishes any �statement, knowing the same to be false,.. shall be fined not more than S5,000 or imprisoned not more than two years, or both". 11. Complaints, Proceedings or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any sub-contractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B, Contract Work Hours and Safety Standards. As used in this paragraph, the terms "laborers" and "mechanics' include watchmen and guards. (1) Overtime Requirements. No contractor or sub-contractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such woi'k to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. (2) Violation: Liability for Unpaid Wages: Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable to the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under the contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for Unpaid Wages and Liquidated Damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or sub-contractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the contract Work Hours and Safety Standards Act, which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or sub-contractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or sub-contractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any sub-contractor or lower tier sub-contractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety �(1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29, Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54.83, Stat 96). (3) The Contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each sub-contractor. The contractor shall take such action with respect to any subcontract as the secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. �Schedule " F " Certification Regarding Lobbying Certification for Contracts, Grants, Loans and Cooperative Agreements The undersigned certifies, to tlie best of his or her icnowledge and belief, 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. 2) If any funds other than the Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Organization) ( m i ^ e of brganizati \(Signature of Responsibls:Offi ;ial) C- \o(Grant Number) (Date) �"Schedule " G " Certification Regarding Drug Free Workplace Requirements G R A N T E E S OTHER T H A N INDIVIDUALS This certification is required by regulations implementing Sections 5151 -5160 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701 et seq.), 7 CFR Part 3017, Subpart F, Section 3017.699 and 45 CFR Part 76, Subpart F. The January 31, 1989 regulations were amended an published as Part II of the May 25, 1990 Federal Register (Pages 21681-21691), The grantee certifies that it will provide a drug-free workplace by: a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition: b) Establishing a drug-free awareness program to inform employees about: 1) 2) 3) 4) The dangers of drug abuse in the workplace; The grantee's policy of maintaining a drug-free workplace; Any available drug counseling, rehabilitation, and employee assistance programs; and The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: 1) Abide by the terms of the statement; and 2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; e) Notifying the agency within ten days of receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2) with respect to any employee who is so convicted: 1) Taking appropriate personnel action against such an employee, up to and including termination; or �2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement or other appropriate agency; g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). (Organization) (Au Torized Sigirature) \ \ ^ �Schedule " H " Certification Regarding Debarment and Suspension 1) As required by Federal Executive Order 12549, and prescribed by federal regulations, including 40 C R F Part 32, the contractor certifies that it, and its principals: (a) Are not presently disbarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any Federal department or agency; (b) Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction, including any violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a Government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (b) above; and (d) Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2) Where the Contractor is unable to certify to any of the statements in this paragraph, the Contractor shall attach an explanation to this certifiiktion. Date: S'Z.VA'^^^^ ^ ^ Authorized Signature N Title Organization �Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Execution of the Community Development Block Grant Agreement for Kendall Avenue Sidewalk Improvements WHEREAS, Kendall Avenue is in Census Tract 116 Block Group 4 where 67% of the residents are low and moderate income persons. The Kendall Avenue Sidewalk Improvement project involves the replacement of broken or missing concrete curb and deteriorated sidewalks and ramps. The project is a component of a comprehensive neighborhood stabilization strategy, complementing streetscape improvements on Andrews Lane, Elm Street, Frances Street, Barnhart Avenue and Pocantico Street, and the expansion of Barnhart Park. The Kendall Avenue project also connects to the Sleepy Hollow Senior Center. The goals of the project are to improve the appearance and safety of this densely developed section of the inner village, enhance pedestrian access and stimulate reinvestment by adjoining private property owners, helping stabilize and revive this low-income neighborhood; and WHEREAS, a 2010 Community Development Block Grant (CDBG) of $100,000 was received for the Kendall Avenue Sidewalk Improvements; and WHEREAS, this CDBG grant requires a local match of $33,333 from the Village of Sleepy Hollow; and WHEREAS, the agreement with the County of Westchester for this $100,000 CDBG grant has been reviewed and approved by Village Counsel, NOW, THEREFORE, BE IT RESOLVED that Kenneth Wray, the Mayor of the Village of Sleepy Hollow, is hereby authorized to execute the Agreement with the County of Westchester for $100,000 in financial assistance for a project to improve the sidewalks on Kendall Avenue; and BE IT FURTHER RESOLVED that the Mayor is herein authorized to take any and all such steps as are necessary to effectuate the intent of this resolution. Moved: Trustee Capossela Seconded: Trustee Wompa Vote: 4-0 �C o n t r a c t N u m b e r : C-67-10-T19 T H I S I N T E R M U N I C I P A L A G R E E M E N T made this i C S a y of ^>t.ca>>i»L»Sr2010, by and between: T H E C O U N T Y O F W E S T C H E S T E R , a municipal corporation organized and existing under the laws of the State of New York, having an office and place of business in the Michaelian Office Building, 148 Martine Avenue, White Plains, New York, 10601 (the "County") and T H E V I L L A G E O F S L E E P Y H O L L O W , a corporation of the State of New York having an office and principal place of business at 28 Beekinan Avenue, Sleepy Hollow, NY 10591 (hereinafter referred to as the "Municipality" ). WITNESSETH: W H E R E A S , the County, in cooperation and agreement with the Municipality, has applied for and has been awarded a grant from the United States Department of Housing and Urban Development ("HUD") under Title I of the Housing and Community Development Act of 1974, as amended 42 USC § 5301 et seq. (the "Act"), with the eligibility of the County for such grant based, in part, on its status as an "Urban County" as defined under 24 CFR Part 570.307 of the Community Development Block Grant "CDBG" Regulations as may be amended from time to time. W H E R E A S , the County achieved its "Urban County" status as a result of entering into cooperation agreements (the "Urban County Cooperation Agreeraent(s)") with that number of other municipalities in Westchester County whose combined population exceeds 200,000 in number; and W H E R E A S , said Urban County Cooperation Agreement(s) are required because the County, under applicable law, is not authorized to exercise the full complement of powers necessary or appropriate to carry out all the requirements or achieve all the goals of the Act and CDBG Regulations. W H E R E A S , pursuant to the Urban County Cooperation Agreement(s) each municipality has agreed, among other things, to exercise its powers to carry out projects/programs under the Act and CDBG Regulations (24 CFR Part 570); and �W H E R E A S , the Municipality is one of such cooperating municipalities, and such has executed an Urban County Cooperation Agreement with the County under the Act and CDBG Regulations and a copy of such agreement is on file with the County; and WHEREAS, it is acknowledged and agreed that the municipality is obligated pursuant to the Urban County Cooperation Agreement to comply with the provisions of Title VI of the Civil Rights Act of 1964, the Fair Housing Act of 1968 and the Americans with Disabilities Act of 1990 and to do what is necessary, as determined by the County, to comply with each of the above referenced Acts, the rules and regulations thereunder, and the undertakings and assurances in the application form insofar as they relate to the activities and programs conducted by the municipality pursuant to this grant, including to affirmatively further fair housing within its own jurisdiction and not impede the County's action to comply with its fair housing certifications; and W H E R E A S , the Municipality has submitted a grant application to the County for performing a project or conducting a program, using "CDBG" funds and the County has concurred with the validity of the project or program through a grant application process; and W H E R E A S , in connection with the aforementioned grant, the County has received and/or will receive grant funds and desires to provide such funds to the Municipality to provide the project or program as more fully set forth in Schedule "A"; and W H E R E A S , the Municipality acknowledges that the County's receipt of the aforementioned grant funding is conditioned, inter aha, on compliance with the provisions of the Act, including the requirement that it affirmatively further fair housing ("AFFH") as set forth in 42 U.S.C. §5304(b)(2); and W H E R E A S , the County signed a stipulation and order of settlement and dismissal in connection witli United States of America ex rel. Anti-Discrimination Center of Metro New York, Inc.. v. Westchester County. New York. No. 06 Civ, 2860 (DLC) (the "Settlement Agreement") and that paragraph 25(d) thereof requires that agreements for the use of public funds and resources, including �but not limited to, agreements for Community Development Block Grant ("CDBG") funds contain certain minimum commitments by eligible municipalities; and W H E R E A S , the County has submitted a plan entitled the "Westchester County Fair and Affordable Housing Implementation Plan," dated August 9, 2010 (the "Plan"), outlining the County's proposed plan to develop fair and affordable housing as required by the Settlement Agreement, which Plan may be amended from time to time; W H E R E A S , the Municipality desires to receive such grant funds and to provide such projects and programs upon the terms and conditions contained herein; and N O W , T H E R E F O R E , in consideration of the terms and conditions herein contained, the County and the Municipality agree as follows: FIRST: (a) The Municipality shall perform a sidewalk improvement project on Kendall Avenue in the Village of Sleepy Hollow in accordance with the terms as contained in and as more particularly described in the Scope of Services, which is attached hereto and made a part hereof as Schedule "A" (hereinafter referred to as the "Work). The Work includes, without limitation, services provided directly by the Municipality and by any approved contractor, subcontractor or consultant (together the "Contractor(s)"). The Municipality agrees, and shall cause any Contractor(s) to agree, that the Work shall be carried out in accordance with the Act and its implementing regulations, (24 CFR 570) and any applicable rules issued thereunder and agrees to comply with all applicable CDBG Regulations set forth in 24 CFR Part 570, including without limitation those set forth in 24 CFR 135 (the "Part 135 Regulations"). (b) Pursuant to the Part 135 Regulations, where applicable the Municipality agrees, and shall cause all Contractor(s) to agree, to comply with the "Section 3 Clause," as maybe amended from time to time, and as set forth in Section 1 of Schedule "D," which is attached hereto and forms a part hereof. The Municipality further agrees to include said Section 3 Clause in any section 3 covered subcontract. �SECOND: The term of this shall commence on October 25, 2010, and shall terminate on June 5, 2012, unless terminated sooner in accordance with the terms herein. Any extension of the terra must be requested by the Municipality in writing and signed off and approved by the County Commissioner of Planning or his duly authorized designee (the "Commissioner"), subject to the receipt of all applicable approvals, including without limitation, the County Board of Acquisition and Contract. The Municipality shall report to the Commissioner on its progress at least once a month, or more frequently as the Commissioner may request, and shall immediately inform the Commissioner in writing of any cause for delay in the perfonnance of its obligations under this Agreement. The Municipality shall be responsible for submitting certain forms and reports as required by the Act and the County. For all projects and programs, a County payment voucher and invoice detailing the work completed shall be submitted, as directed herein, on an agreed upon incremental basis. Where applicable, the Municipality shall submit a sub-recipient report, in the format directed by the County. For construction projects, the Municipality shall submit monthly work progress reports including: 1. Certified Invoice - A l A G702 Form. 2. Progress Schedule as agreed upon by the Municipality and the Contractor(s). 3. Section 3 and Davis Bacon compliance certification forms as described in Section D. 4. Weekly interview reports and payroll records, as described in Schedule E. The Municipality shall complete those specific Work items identified in Schedule "A" by the interim deadlines set forth therein, if any, unless an interim deadline is extended by the Commissioner in writing. THIRD: For the services provided by the Municipality pursuant to Paragraph "FIRST" hereof, the Municipality shall be paid in an amount not to exceed One Hundred Thousand ($100,000.00) DOLLARS, pursuant to the approved budget set forth in Schedule "A". Except as otherwise expressly stated in this Agreement, no payment shall be made by the County to the �Municipality for out-of-pocket expenses or disbursements made in connection with the services rendered or the work to be performed hereunder. Any and all requests for payment to be made, including any request for partial payment, shall be submitted by the Municipality on properly executed payment vouchers of the County and paid only after approval by the Commissioner. AH payment vouchers must be accompanied by a numbered invoice and must contain the dates that the invoiced work commenced and terminated. All invoices submitted during each calendar year shall utilize consecutive numbering and be non-repeating. In no event shall final payment be made to the Municipality prior to completion of all Work and the approval of same by the Commissioner. The Municipality shall, at no additional charge, furnish all labor, services, materials, tools, equipment and other appliances necessary to complete the Work, unless specific additional charges are expressly permitted under this Agreement. It is recognized and understood that even if specific additional charges are expressly permitted under this Agreement, in no event shall total payment to the Municipality exceed the not-to-exceed amount set forth above. FOURTH: Prior to the making of any payments hereunder, the County or HUD may monitor such books and records of the Municipality as are reasonably pertinent to this Agreement to substantiate the basis for payment. The Municipality will, and will require any approved Contractor(s) to make their books and records available to the County or HUD for audit and inspection. The County will not withhold payment pursuant to this paragraph for more than thirty (30) days after payment would otherwise be due pursuant to the provisions of this Agreement, unless the County or HUD shall find cause to withhold payment in the course of such review or the Municipality and/or any approved Contractor(s) fails to cooperate with such audit. It is recognized and understood by the Municipality that as part of the County's right to audit the Municipality and/or any approved Contractor(s) to substantiate the basis for payment, the County and/or HUD has the right to audit the performance of the terms of this Agreement by the Municipality and/or an approved Contractor(s), Towards this end, the County and/or HUD may request documentation from the Municipality and/or any approved Contractor(s) to verify performance of the �terms of this Agreement, which the Municipality shall provide or cause to be provided. The County and/or HUD may also make site visits to the location(s) where the work is being performed to both review the Municipality's and/or Contractor's records and observe the performance of the Work. In addition, the County and/or HUD shall have the right to audit the books and records of the Municipality and/or any Contractor(s) in connection herewith, and the Municipality shall, and shall require its Contractor(s) to make its books and records available to the County and/or HUD for audit and inspection at any time during the one year period following termination of this Agreement. All of the provisions of this Section FOURTH will survive for a period of six (6) years following the later of termination of this Agreement or completion of the Work. FIFTH: The parties hereto acknowledge and agree that in accordance with paragraph 25(d) of the Settlement Agreement, the Municipality's obligations under Paragraph 6 of the Urban County Agreement and 42 U.S.C. §5304(b)(2), the grant of funds authorized hereunder will be conducted and administered in conformity with the Civil Rights Act of 1964(42 U.S.C. 2000a et seq.) and the Fair Housing Act (42 U.S.C. 3601 et seq,), and the Municipality will affirmatively further fair housing ("AFFH") within its borders as a condition of any grant of funds under this Agreement. Notwithstanding the foregoing the parties acknowledge that the Municipality does not meet the locational criteria set forth in Paragraph 7 of the Settlement Agreement and as such is ineligible for placement of any of the required seven hundred fifty (750) new fair and affordable housing units ("Affordable AFFH Units") and shall therefore operate under conditions distinct from communities eligible under Paragraph 7. Nothing herein shall be deemed to relieve the Municipality of its statutory and contractual obligation to AFFH, which it certifies that is in compliance with as of the date of this Agreement and will continue such compliance. SIXTH: (a) The parties acknowledge and agree that the obligations of the County hereunder are subject to the County's receipt of all appropriate grant funds as detailed in Schedule "A" which is attached hereto and made a part hereof including without limitation, grant funds from New York State, HUD, etc. if for any reason whatsoever, the full amount of grant funds anticipated to be received pursuant to the CDBG or applicable program, or any portion thereof, are not received by the �County for any reason whatsoever or are reduced, denied or fail to be approved in full for payments due the Municipality, the County shall have the right to eitJier terminate this Agreement or to renegotiate the amounts and rates as set forth herein. If the County subsequently offers to pay a reduced amount to the Municipality, then the Municipality shall have the right to terminate this Agreement upon reasonable prior written notice. (b) The parties further acknowledge and agree that the obligations of the County hereunder with respect to funds, if any, not received pursuant to a grant (the "Non Grant Funds") are subject to further financial analysis of the impact of any New York State Budget (the "State Budget") proposed and adopted during the term of this Agreement, The County shall retain the right, upon the occurrence of any release by the Governor of a proposed State Budget and/or the adoption of a State Budget or any amendments thereto, and for a reasonable period of time after such release(s) or adoption(s), to conduct an analysis of the impacts of any such State Budget on County finances. After such analysis, the County shall retain the right to either terminate this Agreement or to renegotiate the amounts and rates approved herein. If the County subsequently offers to pay a reduced amount to the Municipality, then the Municipality shall have the right to terminate this Agreement upon reasonable prior written notice. (c) The parties further acknowledge and agree that the obligations of the County under this Agreement with respect to any Non Grant Funds are subject to annual appropriations by its Board of Legislators pursuant to the Laws of Westchester County. Therefore, this Agreement shall be deemed executory only to the extent of such monies being appropriated and available. The County shall have no liability under this Agreement beyond funds appropriated and available for payment pursuant to this Agreement. The parties understand and intend that the obligation of the County hereunder shall constitute a current expense of the County and shall not in any way be construed to be a debt of the County in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by the County, nor shall anything contained in this Agreement constitute a pledge of the general tax revenues, funds or moneys of the County. The County shall pay amounts due under this Agreement exclusively from legally available funds appropriated for this purpose. The County shall retain the right, upon the occurrence of the adoption of any County budget by its Board of Legislators during the term of this Agreement or any amendments thereto, and for a �reasonable period of time after such adoptioii(s), to conduct an analysis of the impacts of any such County budget on County finances. After such analysis, the County shall retain the right to either terminate this Agreement or to renegotiate the amounts and rates set forth herein. If the County subsequently offers to pay a reduced amount to the Municipality, then the Municipality shall have the right to terminate this Agreement upon reasonable prior written notice. SEVENTH; (a) The County, upon ninety (90) days notice to the Municipality, may terminate this Agreement in whole or in part when the County deems it to be in its best interest. In such event, the Municipality shall be compensated and the County shall be liable only for payment for services already rendered under this Agreement prior to the effective date of termination at the rates specified in Schedule "A". Upon receipt of notice that the County is terminating this Agreement in its best interests, the Municipality shall stop work immediately and incur no further costs in furtherance of this Agreement without the express approval of the Commissioner, and the Municipality shall direct any approved Contractor(s) to do the same. In the event of a dispute as to the value of the Work rendered by the Municipality prior to the date of termination, it is understood and agreed that the Commissioner shall determine the value of such Work rendered by the Municipality. The Municipality shall accept such reasonable and good faith determination as final. (b) Except as may be set forth in this Agreement; in the event the County detemiines that there has been a material breach by the Municipality of any of the terms of the Agreement and such breach remains uncured for forty-eight (48) hours after service on the Municipality of written notice thereof, the County, in addition to any other right or remedy it might have, may terminate this Agreement and the County shall have the right, power and authority to complete the Work provided for in this Agreement, or contract for its completion, and any additional expense or cost of such completion shall be charged to and paid by the Municipality. Without limiting the foregoing, upon written notice to the Municipality, repeated breaches by the Municipality of duties or obligations under this Agreement shall be deemed a material breach of this Agreement, justifying termination for cause hereunder without requirement for further opportunity to cure. �EIGHTH: The Municipality agrees to procure and maintain insurance naming the County as additional insured, as provided and described in Schedule "B", entitled "Standard Insurance Provisions", which is attached hereto and made a part hereof. In addition to, and not in limitation of the insurance provisions contained in Schedule "B", the Municipality agrees: (a) that except for the amount, if any, of damage contributed to, caused by, or resulting from the negligence of the County, the Municipality shall indemnify and hold harmless the County, its officers, elected officials, employees and agents from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorneys' fees or loss arising directly or indirectly out of the performance or failure to perform hereunder by the Municipality or third parties under the direction or control of the Municipality; and (b) to provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of this Agreement and to bear all other costs and expenses related thereto. NINTH: The Municipality represents and v/arrants that it has not employed or retained any person, other than a bona fide full-time salaried employee working solely for the Municipality to solicit or secure this Agreement, and that it has not paid or agreed to pay any person (other than payments of fixed salary to a bona fide full-time salaried employee working solely for the Municipality) any fee, commission, percentage, gift or other consideration, contingent upon, or resulting from, the award or making of this Agreement. For the breach or violation of this provision, without limiting any other rights or remedies to which the County may be entitled, or any civil or criminal penalty to which any violator may be liable, the County shall have the right, in its discretion, to terminate this Agreement without liability, and to deduct from the contract price, or otherwise to recover, the full amount of such fee, commission, percentage, gift or consideration. TENTH: (a) The Municipality agrees that neither it nor any Contractor(s), employees or any other person acting on its behalf, shall discriminate against or intimidate any employee or other individual on the basis of race, creed, religion, color, gender, age, national origin, ethnicity, alienage or citizenship status, disability, marital status, sexual orientation, familial status, genetic predisposition or �carrier status during the term of or in connection with this Agreement, as those terms may be defined in Chapter 700 of the Laws of Westchester County.. The Municipality acknowledges and understands that the County maintains a zero tolerance policy prohibiting all forms of harassment or discrimination against its employees by co-workers, supervisors, vendors, contractors, or others. (b) The Municipality hereby acknowledges and agrees: A. That in the hiring of employees for the performance of work under this contract or subcontract hereunder, no Municipality, Contractor(s), nor any person acting on behalf of such Municipality, Contractor(s), shall by reason of race, creed, color, religion, gender, age, ethnicity, disability, sex, alienage or citizen status, national origin, marital status, sexual orientation, familial status, genetic predisposition or carrier status discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; B. That neither the Municipality, nor any Contractor(s), nor any person on their behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, creed, color, religion, gender, age, ethnicity, disability, sex, alienage or citizen status, national origin, marital status, sexual orientation, familial status, genetic predisposition or carrier status; C. That there may be deducted from the amount payable to the Municipality by the County, under this contract, a penalty of fifty (50) dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; D. That the Agreement may be cancelled or terminated by the County, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement; and �E. The aforesaid provisions of this section covering every contract for or on behalf of the County, for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. ELEVENTH: The Municipality shall comply, at its own expense, with the provisions of all applicable local, state and federal laws, rules and regulations, including, but not limited to the Federal and State Labor laws, the State Worker's Compensation Law, the State Unemployment Insurance Law, the Federal Social Security Law, the Community Development Act, Section 3 of the Housing and Urban Development Act of 1968, the Civil Rights Act of 1964, the Fair Housing Act of 1968, the Americans with Disabilities Act, Executive Order 11246, the Clean Air Act, the Water Pollution Control Act, and all HUD regulations and directives. The Municipality shall further ensure, at no cost to the County, that its employees, Contractor(s) and any others employed in connection herewith comply with all applicable rules, regulations and licensing requirements. The Municipality agrees to comply with the requirements of any underlying grant agreement(s) for which the County has obtained funds to pay the Municipality pursuant to this Agreement, copies of which will be provided upon request. Notwithstanding the foregoing and to the extent applicable, all new and gut rehab residential buildings up to three stories shall be designed and constructed to meet the standard for Energy Star Qualified New Homes (<.[85 for South]) on the HERS Rating Scale. All procedures used for this rating shall comply with National Home Energy Rating System guidelines-r TWELVETH: The Municipality acknowledges that to the extent the County provides any deliverables hereunder, including without limitation, written reports, studies, construction and detail drawings, blueprints, computer printouts, graphs, charts, plans, and specifications, all rights, title and interest (including ownership of copyright) in the foregoing shall be retained by the County. The Municipality shall not use such deliverables other than to perform its obligations as stated in this Agreement and shall not distribute the deliverables to third parties without the County's express written consent except as may be necessary in connection herewith. �Moreover, all records or recorded data of any kind (together the "Records") compiled by the Municipality and/or any Contractor(s) in completing the Work described in this Agreement shall become and remain the property of the County. The term "Records" shall be deemed to include, but not be limited to, written reports, studies, construction and detail drawings, blueprints, computer printouts, graphs, charts, plans, specifications. The Municipality may retain copies of such Records for its own use and shall not disclose any such information without the express written consent of the Commissioner. The County shall have the right to reproduce and publish such Records, if it so desires, at no additional cost to the County. Notwithstanding the foregoing, all deliverables, if any, created under this Agreement by the Municipality, County and/or any Contractor(s) are to be considered "works made for hire." If any of the deliverables do not qualify as "works made for hire," the Municipality hereby assigns to the County all rights, title and interest (including ownership of copyright) in such deliverables and such assignment allows the County to obtain in its name copyrights, registrations and similar protections which may be available. The Municipality agrees to assist the County, if required, in perfecting these rights. The Municipality shall provide the County with at least one original of each deliverable. The Municipality agrees to defend, indemnify and hold harmless the County for all damages, liabilities, losses and expenses arising out of any claim that a deliverable infringes upon an intellectual property right of a third party. If such a claim is made, or appears likely to be made, the Municipality agrees to enable the County's continued use of the deliverable, or to modify or replace it. if the County determines that none of these alternatives is reasonably available, the deliverable may be returned. Notwithstanding the foregoing the parties hereto acknowledge that they are both subject to the New York State Freedom of Information Law ("FOIL"), as set forth in Public Officers Law, Article 6, which mandates public access to government records. The parties hereby acknowledge and agree that they shall have the right to disclose such information as is required by law and that any such disclosure will be limited to the extent that the applicable party considers proper under the law; however, such party will assert any exemptions or exclusions if applicable, if confidential information is sought pursuant to such law or regulation. If either party is directed or ordered to �provide or disclose any information or otherwise required to do so by law, such party shall promptly notify the other that the information is being provided or disclosed. THIRTEENTH; The Municipality shall not delegate any duties or assign any of its rights under this Agreement without the prior express written consent of the County, The Municipality shall not subcontract any part of the Work without the written consent of the County, subject to any necessary legal approvals. Any purported delegation of duties, assignment of rights or subcontracting of Work under this Agreement without the prior express written consent of the County is void. The Municipality shall ensure that all such County-approved subcontracts provide that Contractor(s) are subject to all terms and conditions set forth in this Agreement, It is recognized and understood by the Municipality that for the purposes of this Agreement, all Work performed by a County-approved Contractor(s) shall be deemed Work performed by the Municipality. The Municipality shall ensure that all subcontracts for the Work shall expressly provide that Contractor(s) are subject to all terms and conditions set forth in this Agreement, notwithstanding the foregoing, the Municipality shall remain liable to the County for the performance of all obligations under this Agreement. FOURTEENTH: The Municipality acknowledges and agrees that the Municipality and its officers, employees, agents, Contractor(s) and/or consultants are independent contractors and not employees of the County or any department, agency or unit thereof in accordance with their status as independent contractors, the Municipality covenants and agrees that neither the Municipality nor any of its officers, employees, agents, Contractor(s) and/or consultants will hold themselves out as, or claim to be, officers or employees of the County or any department, agency or unit thereof FIFTEENTH: Failure of the County to insist, in any one or more instances, upon strict performance of any term or condition herein contained shall not be deemed a waiver or relinquishment of such term or condition, but the same shall remain in full force and effect. Acceptance by the County of any Work or the payment of any invoice or fee due hereunder with knowledge of a breach of any term or condition hereof, shall not be deemed a waiver of any such breach and no waiver by the County of any provision hereof shall be implied. �SIXTEENTH: All notices of any nature referred to in this Agreement shall be in writing and either sent by registered or certified mail postage pre-paid, or delivered by hand or overnight courier, or sent by facsimile (with acknowledgment received and a copy of the notice sent by registered or certified mail, postage pre-paid), as set forth below or to such other addresses as the respective parties hereto may designate in writing. Notice shall be effective on the date of receipt. Notices shall be sent to the following: To the County: Commissioner Department of Planning Michaelian Office Building 148 Martine Avenue White Plains, New York 10601 with a copy to: County Attorney Michaelian Office Building 148 Martine Avenue White Plains, New York 10601 To the Municipality: Village of Sleepy Hollow 28 Beelcman Avenue Sleepy Hollow, NY 10591 Att: Kenneth Wray, Mayor SEVENTEENTH: This Agreement and its attachments constitute the entire Agreement between the parties with respect to the subject matter hereof and shall supersede all previous negotiations, commitments, agreements and writings. It shall not be released, discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of each of the parties. In the event of any conflict between the terms of this Agreement and the terms of any schedule or attachment hereto, it is understood that the terms of this Agreement shall be controlling. �E I G H T E E N T H : Nothing herein is intended or shall be construed to confer upon or give to any third party or its successors and assigns any rights, remedies or basis for reliance upon, under or by reason of this Agreement, except in the event that specific third party rights are expressly granted herein. N I N E T E E N T H : The Municipality recognizes that this Agreement does not grant the Municipality the exclusive right to perfomi the Work for the County and that the County may enter into similar agreements with other recipients on an "as needed" basis and the County may contact and direct any Contractor(s) and delegate any and/or all portions of the Work herein to either the Municipality and/or Contractor(s) at its sole discretion. However, all billing and payments shall be administered through the Municipality and it shall be Municipality's sole responsibility to tender payments to any Contractor(s). T W E N T I E T H : This Agreement may be executed simultaneously in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. This Agreement shall be construed and enforced in accordance with the laws of the State of New York. In addition, the parties hereby agree that for any cause of action arising out of this Agreement shall be brought in the County of Westchester. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid or void or unenforceable, the remainder of the terms and provisions of this Agreement shall in no way be affected, impaired, or invalidated, and to the extent permitted by applicable law, any such term, or provision shall be restricted in applicability or reformed to the minimum extent required for such to be enforceable. This provision shall be interpreted and enforced to give effect to the original written intent of the parties prior to the determination of such invalidity or unenforceability. T W E N T Y - F I R S T : The Municipality shall use all reasonable means to avoid any conflict of interest with the County and shall immediately notify the County in the event of a conflict of interest. The Municipality shall also use all reasonable means to avoid any appearance of impropriety. �TWENTY-SECOND. All payments made by the County to the Municipality will be made by electronic funds transfer ("EFT") pursuant to the County's Vendor Direct program. Any Municipality or Contractor(s) doing business with Westchester County, who are not already enrolled in the Vendor Direct Program, will be required to fill out and submit an BFT Authorization Form in order to receive payment. The EFT Authorization Form and related information are annexed hereto as Schedule "C". The completed Authorization Form must be returned by the Municipality to the Commissioner prior to execution of the contract. In rare cases, a hardship waiver may be granted. For a Hardship Waiver Request Form, please contact the Westchester County Finance Department. TWENTY-THIRD: The Municipality agrees to complete and comply with all attached the schedules to this Agreement, including without limitation the following which are attached hereto and made a part hereof: "Other Federal Requirements" (Schedule "D"); the "Federal Labor Stajidards Provisions" (Schedule "E"); "Certification Regarding Lobbying" (Schedule "F"); the "Certification Regarding Drug Free Workplace Requirements" (Schedule "G"); and "Certification Regarding Debarment and Suspension" (Schedule "H"). TWENTY-FOURTH: The recitals preceding the body of this Agreement are hereby incorporated by reference into the body of this Agreement. TWENTY-FIFTH: This Agreement shall not be enforceable until it is signed by the parties and approved by the Office of the County Attorney. �IN WITNESS WHEREOF, The County of Westchester and the Municipality have caused this Agreement to be executed. THE COUNTY OF WESTCHESTER Naiif^ Title: Edward B u r o u r f s Acting CommiBsioner of Planning THE VII^LAGE OF SLEEPY H O L L O W J By: namp: / P ^ H VC^v^vsj^^i)^ C^. Approved by the Board of Acquisition and Contract of the County of Westchester on the 28th day of October, 2010. Approved as to forni and; iner of execi ion / l ^ . County . . . .Attorney The County of Westchester �MUNICIPALITY'S ACKNOWLEDGMENT STATE OF NEW YORK ) SS.I COUNTY OF WESTCHESTER) On the \L day of D^t&B-fe.AOBAf in the year 2010 before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument; and, acknowledged if operating under any trade name, that the certificate required by the New York State General Business Law Section 130 has been filed as required therein. Signature a » f Office of individual taking acknowledgment Vs^^'W^y,^ c W ^ �CERTIFICATE OF AUTHORITY 1, officer signing contract) (Officer other OJ certify that i am the of the C (the ^IftnicipalitpO a municipal corporation duly organized and in good standing under the (Law under which organized, e.g., the New York Business Corporate Law) named in the foregoing agreement; that_ rParcnn «.v/>r-iif-inrrV (Person executing^agreement) who signed said agreement on behalf of the Municipality was, at the time of execution VKo^cyr \ ^jjjlg person) of the Municipality and that said agreement was duly signed for and on behalf of said Municipality by authority of its Board of ^ " " w v x ' S ^ s - ^ ' ^ ' S , thereunto duly authorized and that such authority is in full force and effect at the date hereof cc, s o STATE OF NEW YORK ss.: COUNTY OF WESTCHESTER) On this day^ of and known to me lo be the 'vAn , 2010, before me personally came , whose signature appears above, to me Jenown. of the Municipality described in and which executed who being by me duly sworn did depose and say that he/she, the said xecuted thb dbove above certificate, certi of said Municipality resides at \o> K^^otand that he/she signed his/her name hereto by ordw of the Board of of said Municipality. PAt^'WCCARTHY Notary Wblic - State of New Vork NO. 01MC6198640 Qualified in Westchester Qqunjy / . My Commission Expires ' �C-67-10-T19 SCHEDULE A SCOPE OF SERVICES BETWEEN THE COUNTY OF WESTCHESTER AND THE VILLAGE OF SLEEPY HOLLOW FOR A KENDALL AVENUE SIDEWALK IMPROVEMENT PROJECT IN THE VILLAGE OF SLEEPY HOLLOW. A. PURPOSE The Village of Sleepy Hollow will use the Community Development Block Grant funds to complete a Kendall Avenue sidewalk improvement project in the Village of Sleepy Hollow. B. SCOPE OF SERVICES Maintenance and Protection of Traffic Remove Existing and Install Concrete Curb Remove Existing and Install 5" Concrete Pavement Remove Existing and Install 7" Concrete Pavement Asphalt Driveway repair Roof Leader Total Village of Sleepy Hollow CDBG TOTAL CONTRIBUTION $5,000.00 $44,533.00 $63,000.00 $16,000.00 $3,900.00 $900.00 $133,333.00 $33,333.00 $100,000.00 It is understood that the Village of Sleepy Hollow is responsible for all costs above the CDBG contribution. C. TIME OF PERFORMANCE The contract between the County of Westchester and the Village of Sleepy Hollow will begin on October 25, 2010, and end on June 5, 2012. D. PAYMENT The County of Westchester will reimburse the Village of Sleepy Hollow for expenses incurred in a Kendall Avenue sidewalk improvement project in the Village of Sleepy Hollow in an amount not to exceed $100,000.00. Any and all requests for payment to be made, including any partial payment made in proportion to the work completed, shall be submitted on properly executed payment vouchers of the County and paid only after approval by the Commissioner of Planning of the County of Westchester or his duly authorized designee (hereinafter the "Commissioner"). All payment vouchers must be accompanied by a numbered invoice and must contain the invoice number where indicated. All invoices submitted during each calendar year shall utilize sequential numbering and be non-repeating. �It is understood that the Village of Sleepy Hollow will comply with the federal regulations for equal employment opportunity, labor, and Section 3 as specified in the Community Development Act. Failure to comply will result in the withholding of payment by the Westchester County Department of Planning. It is also understood that the Department of Planning staff will visit the site during construction and will inspect the project for substantial completion. It is also understood that the Village of Sleepy Hollow will comply with all requirements and provisions under the Americans with Disabilities Act as it may be amended from time to time, with regard to the work under this contract. It is further understood that all ADA work must be performed pursuant to the United States Department of Housing and Urban Development Rule 24, CFR Part 9. The Municipality fully understands and acknowledges its responsibility to comply with the Americans with Disabilities Act ("ADA"), the rules and regulations thereunder, and that nothing contained herein shall be construed to absolve the Municipality from these obligations. The Municipahty further acknowledges and agrees that if, in order to comply with the ADA, it should become necessary to perform certain work not covered in the terras of this Agreement, or if it should become necessary to modify or redo work already performed pursuant to the tenns of this Agreement, then such work will be the sole responsibility of the Municipality to perform and the County will not be obligated, in any way, to further compensate the Municipality. As of July 1, 1996, all recipients of grants in amounts of $300,000.00 annually or more of direct federal financial assistance, including awards received indirectly from the state and which may contain a mix of federal and state funds, must provide the County of Westchester with an annual audit performed at the recipient's expense. The subrecipient, at its sole cost and expense, shall submit each year hereunder to the Commissioner of Planning no later than ninety days following the conclusion of each fiscal year of the subrecipient an audited statement of its operations in accordance with the terms of the contract. Submission of the audited statement shall not limit the County's right to inspect and audit the subrecipient records and books of account. Such statement shall comply with respective federal or state grant compliance requirements and governmental auditing standards applicable to the program and shall be prepared by a public accountant meeting the independence standards included in generally accepted government auditing standards. The subrecipient further agrees to furnish all reports and materials necessary to permit the County to ftilfill its reporting requirements to state and federal authorities. The subrecipient shall include in its Agreement with an independent auditor selected to perform the audit required hereunder a provision providing the County, state and federal authorities with access to the auditor's work papers. Unless the County, state or federal authorities shall advise the subrecipient in writing to the contrary. �the subrecipient and its independent auditor sliall retain ail financial records and work papers for a period of three years after the expiration or termination of this Agreement. All publicity and press releases regarding the project will include details regarding the funds provided by the Westchester County Community Development Block Grant Program. The County of Westchester requires that bid specifications for this project include the clause: Pursuant to Section 308.01 of the Laws of Westchester County, the policy of the County is to encourage the meaningful and significant participation on County contracts for business enterprises owned by persons of color and women - Minority Business Enterprise (MBE) and Women Business Enterprise (WBE). A business owned and controlled by women or persons of color is defined as a business enterprise including a sole proprietorship, partnership or corporation that is: a. At least 51 % owned by one or more persons of color or women; b. An enterprise in which such ownership by persons of color or women is real, substantial and continuing; c. An enterprise authorized to do business in this state which is independently owned and operated. In addition, any business enterprise certified as an MBE or WBE pursuant to Article 15-a of the New York State Executive Law and the implementing regulations, 9 NYCRR subtitle N part 540 et seq., or as a small disadvantaged business concern pursuant to the Small Business Act, 15 U.S.C. 631 et seq., automatically qualifies. The recipient must provide statistics to the Department of Planning on the participation of MBE/WBE. The records must indicate the type and amount of each prime contract, and indicate whether the business is owned by someone who is African-American, Hispanic, Asian-American, American Indian or Alaskan Native. CP/ �SCHEDULE"B" STANDAEU3 INSURANCE PROVISIONS (MUNICIPALITY) I. Prior to commencing work, the Municipality shall obtain at its own cost and expense the required insurance from insurance companies licensed in the State of New York, carrying a Best's financial rating of A or better, and shall provide evidence of such insurance to the County of Westchester, as may be required and approved by the Director of Risk Management of the County. The policies or certificates thereof shall provide that thirty days prior to cancellation or material change in the policy, notices of same shall be given to the Director of Risk Management of the County of Westchester by registered mail, return receipt requested, for all of the following stated insurance policies. All notices shall name the Municipality and identify the Agreement. if at any time any of the policies required herein shall be or become unsatisfactory to the County, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the County, the Municipality shall upon notice to that effect from the County, promptly obtain a new policy, submit the same to the Depaitment of Risk Management of the County of Westchester for approval and submit a certificate thereof Upon failure of the Municipality to furnish, deliver and maintain such insurance, the Agreement, at the election of the County, may be declared suspended, discontinued or terminated. Failure of the Municipality to take out, maintain, or the taking out or maintenance of any required insurance, shall not relieve the Municipality from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the contractual obligations of the Municipality concerning indemnification. All property losses shall be made payable to and adjusted with the County. In the event that claims, for which the County may be liable, in excess of the insured amounts provided herein are filed by reason of any operations under the Agreement, the amount of excess of such claims or any portion thereof, may be withheld from payment due or to become due the Municipality until such time as the Municipality shall furnish such additional security covering such claims in form satisfactory to the County of Westchester. 2. The Municipality shall provide proof of the following coverage (if additional coverage is required for a specific agreement, those requirements will be described in the "Special Conditions" of the contract specifications): (a) Workers' Compensation. Certificate form C-105.2 (9/07) or State Fund Insurance Company form U-26.3 is required for proof of compliance with the New York State Workers' Compensation Law. State Workers' Compensation Board form DB-120.1 is required for proof of compliance with the New York State Disability Benefits Law. Location of operation shall be "All locations in Westchester County, New York." Where an applicant claims to not be required to carry either a Workers' Compensation Policy or Disability Benefits Policy, or both, the employer must complete NYS form �CE-200, available to download at: www.wcb.state.nv.us (click on Employers/Businesses, then Business Permits/Licenses/Contracts to see instruction manual). If the employer is self-insured for Worker's Compensation, he/she should present a certificate fi-om the New York State Worker's Compensation Board evidencing that fact (Either Sl-12, Certificate of Workers' Compensation Self-Insurance, or GSl-105.2, Certificate of Participation in Workers' Compensation Group Self-Insurance). (b) Employer's Liability with minimum limit of $100,000.00. (c) Commercial General Liability Insurance with a minimum limit of liability per occurrence of $1,000,000.00 for bodily injury and $100,000.00 for property damage or a combined single limit of $1,000,000.00 (c.s.l.), naming the County of Westchester as an additional insured. This insurance shall indicate the following coverages: (i) (ii) Premises - Operations. Broad Form Contractual. (d) Automobile Liability Insurance with a minimum limit of liability per occurrence of $1,000,000.00 per occurrence for bodily injury and a minimum limit of $100,000.00 per occurrence for property damage or a combined single limit of $1,000,000.00 unless otherwise indicated in the contract specifications. This insurance shall include for bodily injury and property damage the following coverage's: (i) (ii) (iii) Owned automobiles. Hired automobiles. Non-owned automobiles. 3. All policies of the Municipality shall be endorsed to contain the following clauses: (a) Insurers shall have no right to recovery or subrogation against the County of Westchester (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the above-described insurance. (b) The clause "other insurance provisions" in a policy in which the County of Westchester is named as an insured, shall not apply to the County of 'Westchester. (c) The insurance companies issuing the policy or policies shall have no recourse g a i n s t the County of Westchester (including its agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy. (d) Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of, and at the sole risk of, the Municipality. Rev. 12/08 �SCHEDULE"C" Westchester County Vendor Direct Program Frequently Asked Questions 1. WHAT ARE THE BENEFITS O F THE ELECTRONIC FUNDS TRANSFER (EFT) ASSOCIATED WITH THE VENDOR DIRECT PROGRAM? There are several advantages to having your payments automatically deposited into your designated bank account via EFT: Payments are secure - Paper checks can be lost in the mail or stolen, but money deposited directly into your bank account is more secure. You save time -- Money deposited into your bank account is automatic. You save the time of preparing and delivering the deposit to the bank. Additionally, the funds are immediately available to you. ARE MY PAYMENTS GOING TO BE PROCESSED ON THE SAME SCHEDULE AS 2. THEY WERE BEFORE VENDOR DIRECT? Yes. 3. HOW QUICKLY WILL A PAYMENT BE DEPOSITED INTO MY ACCOUNT? Payments are deposited two business days after the voucher/invoice is processed. Saturdays, Sundays, and legal holidays are not considered business days. 4. HOW WILL J K N O W WHEN THE PAYMENT IS IN MY BANK A C C O U N T AND WHAT IT IS FOR? Under the Vendor Direct program you will receive an e-mail notification two days prior to the day the payment will be credited to your designated account. The e-mail notification will come in the form of a remittance advice with the same information that currently appears on your check stub, and will contain the date that the funds will be credited to your account. 5. WHAT IF THERE IS A DISCREPANCY IN THE A M O U N T RECEIVED? Please contact your Westchester County representative as you would have in the past if there were a discrepancy on a check received. 6. WHAT IF 1 DO NOT RECEIVE THE MONEY IN MY DESIGNATED BANK ACCOUNT ON THE DATE INDICATED IN THE E-MAIL? In the unlikely event that this occurs, please contact the Westchester County Accounts Payable Department at 914-995-4708. 7. WHAT M U S T I DO IF 1 CHANGE MY BANK OR MY A C C O U N T NUMBER? Whenever you change any information or close your account a new Vendor Direct Payment Authorization Form must be submitted. Please contact the Westchester County Accounts Payable Department at 914-995-4708 and we will e-mail you a new form. �8. WHEN COMPLETING THE PAYMENT AUTHORIZATION FORM, WHY MUST 1 HAVE IT SIGNED BY A BANK OFFICIAL IF 1 D O N ' T INCLUDE A VOIDED CHECK? This is to ensure the authenticity of the account being set up to receive your payments. �Autherization is: (eheokone) Wostchostor County • DeparlinoDtof Finance • Treasury Division \V u'ester O N9W Q Change INSfRUCTIONS: Please csemplete both seclions of thisAulhortzation Form and attach a votaed cliiBck, See-tfw reverse side for more information and instructions. Kiail^t VV6Stehf?ter AltenUOn: VferijdEer Dir^ b,efi!artm.6r)t.d^ treasury Pi«?is|5n. 148: Mattirie^ WWfe:Piaifts, NT 1C360i Section I - Vendor {niormation 3. Vendor Primary Address 4iCc)nlact Person Narns: CoMact Pflten Telephone Number: 6. Vendor E-MaB Addresses for Rortiittancs.Ndfffiealfoii: 6;Vendor Certffioatlon: ihavereatlmdundemtandtlJs-^^ by ehdronic funds tmn^»r iria the bank ihaU dei^^^ Secthn li i(\jfihm under^nd'(haih th^ payment is'sgnt, Westehestsr Comiy mssp/ssMe rigfit tommrse itm ^edFanh'paymenl, In.the event JImlm rev«raa):cannot fee AuihorissBd Signature Dale PriritNamtffltle Section li- Financial Institution InforiTiatlon 7,feankiName: 8. Bahk;AadreSB: 9. Routing Transit Nunnben ! 11. Banl< Account Number: M l M i , ! 10. AccountTVpe: {chBckone) O Checking CJ Savings ' 12. Bank Ac<S3uht Titie: 13. Bartl( Contact Person Name: Telsfihone Number: 14. FINANCIAL INSTITUTION CERTIFICATION (required ONLY if directing funds into a Savings AcaountOR if a voided afiecfc is not attached to tliis ftwrn): I ceHlfyfb'atMe aecount number and tyjje of account Is maintained in tfte name of the vendor named above. As a reprmentst'ive of,the numed financial Institution, / certify tftu this financial Institution Is A0H capable end agrees to receive and deposit peymonts to the account shown: Autiiorized Signature Print Name /Title Date �Schedule "D" Other Federal Requirements 1. fi) "Section 3" Compliance in the Provision of Training. Emptovment and Business Opportunities: The work to be performed hereunder is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (Section 3). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part, by persons residing in the area of the project. All parties hereto will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. All parties hereto certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. The requirements of Section 3 apply to recipients of Housing and Community Development Assistance that invest in $200,000 or more into projects/programs; involving housing construction, rehabilitation or other public construction. All contiactors (subcontractors) receiving covered funds in excess of $100,000 to complete projects involving housing construction, rehabilitation, or other public construction are required to comply with all requirements of set forth in Section 3 The Municipality acknowledges that it is their sole responsibility to determine whether it or its subcontractors are in compliance with all terms and conditions of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. I701u (Section 3). The recipients of these funds shall adhere to the following, and all sub contracts shall include the language below: I (ii). Pursuant to § 135.38, all section 3 covered contracts shall include the following clause (referred to as the "Section 3 Clause"): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. �C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135, E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HDD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 4 5 0 e ) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and e m p l o y m e n t shall be given to Indians, and (ii) p r e f e r e n c e in t h e award of contracts and subcontracts shall be given to Indian organizations and Indian-owned E c o n o m i c Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply witli section 3 to the m a x i m u m extent feasible, but not in derogation of compliance with section 7(b). The recipient shall provide such copies of 24 CFR Part 135 as may be necessary for the information of parties to contracts required to contain the Section 3 clause. 2. Flood Disaster Protection: This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (P.L, 93-234). No portion of the assistance provided under this Agreement is approved for acquisition or construction purposes as defined under Section 3(a) of said Act, for use in an area identified by the Secretary as having special flood hazards which is located in a community not then in compliance with the requirements for participation in the national flood insurance program pursuant to Section 201(d) of said Act; and the use of any assistance provided under this Agreement for such acquisition or construction in such identified areas in communities then participating in the national flood insurance program shall be subject to the mandatory purchase of flood insurance requirements of Section 102(a) of said Act. Any contract or agreement for the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement shall contain, if such land is located in an area identified by the Secretary of HUD as having special flood hazards and in which three sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended, 24 �U.S.C, 4001 et seq., provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be required notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Agreement. 3. Equal Employment Opportunity: (a) Minority and Woman Business Outreach Programs: The Municipality agrees to be bound by and comply with any policies and procedures established by any controlling jurisdiction, including but not limited to the State of New York or the County, regarding any outreach programs for woman and minority owned business required by Section 281 of the National Affordable Housing Act, as amended. (b) Activities and contracts not subject to Executive Order 11246. as amended. In carrying out the program, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment; without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the County setting forth the provisions of this nondiscrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The Contractor shall incorporate the foregoing requirements of this paragraph (a) in all of its contracts for program work, except contracts governed by paragraph (b) of this section, and will require all of its contractors for such work to incorporate such requirements in all subcontracts for program work. (c) Contracts subject to Executive Order 11246 as amended. Such contracts shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130, applicable to HUD assisted construction contracts. The Contractor shall cause or require to be inserted in full in any nonexempt contract and subcontract for construction work, for modification thereof, as defined in said regulations, which is paid for in whole or in part with the assistance provided under this Agreement, the following equal opportunity clause: During the performance of this contract, the Contractor agrees as follows; (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. �The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the County setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract of understanding, a notice to be provided by the County advising the said labor union or workers' representatives of the contractor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1963, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by HUD and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of tlie Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (I) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 25, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as HUD or the County may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontract or vendor as a result of such direction by HUD or the County, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. The Contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the Conti-actor so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Contractor agrees that it will assist and cooperate actively with HUD and the Secretary of Labor in obtaining the compliance of contractors and sub-contractors with the equal opportunity clause and the rules, regulations, and relevant order of the Secretary of Labor; that it will furnish HUD and the �Secretary of Labor such information as they might require for the supervision of such compliance; and that it will otherwise assist HUD in the discharge of its primary responsibility for securing compliance. The Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and sub-contractors by HUD or the Secretary of Labor pursuant to Part 11, Subpart D of the executive order, in addition, the Contractor agrees that if it fails or refuses to comply with these undertakings, HUD or the County may take any or all of the following actions: Cancel, terminate or suspend in whole or in part the grant or loan guarantee or this contract; refrain from extending any further assistance to tlie Contractor under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Contractor; and refer the case to the Department of Justice for appropriate legal proceedings. 4, Lead-Based Paint Hazards The construction or rehabilitation of residential structures with assistance provided under this Agreement is subject to the HUD Lead-Based Paint Regulations, 24 CFR Part 35, as modified by Section 570.608 of Subpart K. Any grants or loans made by the Contractor for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of lead-based paint hazards under Sub-Part B of said regulations, and the Contractor shall be responsible for the inspections and certifications required under Section 35.14(f) thereof. 5. Compliance with Air and Water Acts: This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et. seq. and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. In compliance with said regulations, the Contractor shall cause or require to be inserted in full in all contracts and subcontracts with respect to any nonexempt transaction thereunder funded with assistance provided under this Agreement, the following requirements: (1) A stipulation by the Contractor or Sub-contractor that any facility to be utilized in the perfomance of any nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 4r0 CFR 15.20. (2) Agreement by the contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857-C-8) and Section 308 of the Federal Water Pollution Control Act, as amended (33 USC 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. (3) A stipulation that as a condition for the award of the contract prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility �utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. (4) Agreement by the contractor that he will include or cause to be included the criteria and requirements in Paragraph (1) through (4) of this section in every nonexempt subcontract and requiring that the contractor will take such action as HUD and/or the County may direct as a means of enforcing such provisions. In no event shall any amount of the assistance provided under this Agreement be utilized with respect to a facility which has given rise to a conviction under Section 113(c)(1) of the Clean Air Act or Section 309 (c) of the Federal Water Pollution Control Act. 6. Federal Labor Standards Provisions: Except with respect to the rehabilitation of residential property designed for residential use for less than eight families, the Contractor and all Contractors engaged under contracts in excess of $2,000.00 for the construction prosecution, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement, shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3, 5 and 5a, governing the payment of wages and the ratio of apprentices and trainees to journeymen; Provided, that if wage rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve the Contractor of its obligation, if any, to require payment of the higher rates. The Contractor shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5 and, for such contracts in excess of $10,000, 29 CFR 5a.3. No award of the contracts covered under this section of the Agreement shall be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract. 7. Nondiscrimination Under Title VI of the Civil Rights Act of 1964 This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto, including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Contractor shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex, or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the Contractor, the United States, and the County are beneficiaries of and entitled to enforce such covenant. The Contractor in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 8 Obtigations of Contractor with respect to Certain Third Party Relationships: The Contractor shall remain fully obligated under the provisions of the Agreement notwithstanding its designation of a third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement to the Municipality. �The Contractor shall comply with all lawful requirements of the County necessary to insure that the program with respect to which assistance is being provided under this Agreement to the Contractor is carried out in accordance with the County's Assurances and Certifications to HUD, including those with respect to the assumption of environmental responsibilities of the Applicant under Section 104(h) of the Housing and Community Development Act of 1974. 9. Interest of Certain Federal Officials: No member of or Delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of tiis Agreement or to any benefit to arise from the same. 10. Interest of Members, Officers, or Employees of Contractor, Members, of Local Governing Board, or Other Public Officials: No Member, officer, or employee of the Contractor, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. The Contractor shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section. 11. Prohibition Against Payments of Bonus or Commission; The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval of applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title 1 of the Housing and Community Development Act of 1974, or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical Conti-actor, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as a program cost. 12. Debarment: The Municipality further agrees to comply with the requirements set forth in 24 CFR part 5 that assistance under this part shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the services of, or fund any contractor or sub recipient during any period of debarment, suspension, or placement in ineligibility status under the provisions of 24 CFR part 24. 13. Conflicts of Interest: The Municipality further agrees with the conflict of interest provisions in 24 CFR 85.36 and 84.42, respectively, shall apply and that the Municipality shall fully comply with same, in all cases not governed by 24 CFR 85.36 and 84.42, the provisions of this section. Part 570.611 (a)(2) shall apply. Such cases include the acquisition and disposition of real property and the provision of assistance by the recipient or by its sub recipients to individuals, businesses or other private entities under eligible CDBG activities that authorize such assistance (e.g. rehabilitation, preservation, and other improvements of private properties or facilities pursuant to §570.202; or grants, loans, and other assistance to businesses, individuals, and other private entities pursuant to §§570.203, 570.204, 570.455, or 570.703(i) shall apply. �14. Miscellaneous: The parties represent that none of them has, nor will have any understanding, oral or written, with any other person or party relating to the misuse, misappropriation, or "kickback" of any of three federal monies paid or to be paid hereunder. The parties agree to comply with all applicable federal, state and local laws, codes, ordinances, rules, and regulations including, but not limited to, the Housing and Community Development Act of 1974 and the rules and regulations thereunder, as the same may be amended. Without limiting the generality of the foregoing, the parties will comply with 24 CFR Part 35 regarding elimination of lead based paint hazards, with 24 CFR Part 15 regarding the requirements of the Clean Air Act and Federal Water Pollution Act, and with Title VI of the Civil Rights Act of 1964 together with 24 CFR Fart 570.601,24 CFR Part 1 and Executive Order 11246, to the effect that no person in the United States shall, on the ground of race, color, national origin or sex, be excluded for participation in, denied the benefits of, or be otherwise subjected to, discrimination under any activity involving federal assistance. The Owner (but not any of the Contractors) agrees to cause to be included in any instrument of sale, lease, or conveyance of the property improved with federal assistance hereunder, a clause obligating the transferee and successors to observe the requirements of Title Vi of the Civil Rights Act of 1964. Where applicable, the Municipality shall comply with the conditions prescribed by HUD for the use of CDBG funds by religious organizations 15. Exhibit 1 Where applicable, attached hereto and made a part hereof is Exhibit 1, which exhibit contains certain of the regulations referred to in this agreement. 16. Subpart K - Other Program Requirements: The recipient agrees to comply in all respects with the program requirements set forth in Subpart K of Part 570 of the Federal Regulation (24 CFR 570.600 et seq.), including without limitation, 570.610 Uniform administrative requirements and cost principles. Additional guidance on this subject can be found in 0MB circular No. A-87 "Cost Principles for State, Local and Indian Tribal Governments"; 0 M B Circular A-128 "Audits for State, Local and Tribal Governments" and 24 CFR Part 85 "Uniform Administrative Requirements". Further, the recipient will comply with 570.613 Eligibility restrictions for certain resident aliens as described in 24 CFR Part 49, as well as the Architectural Barriers Act and the Americans Disabilities Act as set forth in 570.614 of the CDBG Regulations 17. Program Income: Prior to the disbursement of any funds pursuant to this agreement, the recipient shall execute and deliver to the county either (1) a written statement by the Public Officer of the municipality, Officer of the authorized representative of the recipient that there will be any "program income" as that term is defined pursuant to 24 CFR 530.3; or (2) a program income agreement between the County and the recipient regarding the disposition of program income prepared in the form specified pursuant to 24 CFR 504.(c). 18. Reversion of Assets: The Municipality accepts all terms and provisions of 24 CFR 85.43 ("Enforcement") if the Municipality fails to comply with any term of the award, and that the award may be terminated for convenience in accordance with 24 CFR 85.44, The recipient agrees that upon the expiration of this agreement with the County, that any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds shall be transferred to the County, for recommital to the CDBG program. The recipient further agrees �that it will ensure that any real property under the recipient's control that has been acquired or improved in whole or in part by CDBG funds in excess of $25,000 is either: 1) Used to meet one of the National Objectives in s. 570.208 until five years after expiration of the agreement, or such longer period of time as determined appropriate by the County; or 2) Is disposed of in a manner which results in the County being reimbursed in the amount of the Fair Market value of the property less any portion thereof attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is not required after the period of time specified in accordance with 1) above. �Schedule "E" Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage of determination of the Secretary of Labor regardless of any contractual relationship which might be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(l)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, and programs, which cover the particular weekly period, are determined to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates confirmed under 29 CFR Part 5.5(a)(l)(ii) shall be posted at all times by the contractor and its sub-contractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not perfonned by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. �(b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division. Employment Standards Administration. U.S. Department of Labor. Washington. DC 20210. The Administrator, or an authorized representative, wiil approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under 0MB Control Number 1215-0140), (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rates (including the amount designated for fringe benefits, where appropriate) HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that ^ditional time is necessary. (Approved by the Office of Management and Budget under 0MB Control Number 1215-0140). (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (l)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this conti-act from the first day on which work is performed in the classification. (iii) Whenever tlie minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the DavisBacon Act have been met. The secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under 0 M B Control Number 1215-0140). 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or sub-contractor the full amount of wages required by the contract in the event of failure to pay any laborer or mechanic, including any apprentice trainee or helper, employed or working on the site of the work (or under the United States Housing act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract. HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or sub-contractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. �3 (1) Payrolls and Basic Records. Payrolls and basic records relating thereto shall be maintained by the conti'actor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or developnaent of the project). Such records shall contain the name, address, and social security number of each such work, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a) (l)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefit is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under 0 M B Control Numbers 12150140 and 1215-00017). (ii)(a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case might be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-00500014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all sub-contractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149). (b) Each payroll submitted shall be accompanied by a "Statement of Compliance", signed by the contractor or sub-contractor or his or her agency who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5 (a)(3)(i) and that such information is correct and complete. (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3(ii)(b) of this section. �(d) The falsification of any of the above certifications may subject the contractor of subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or sub-contractor shall make the records required under paragraph A.3(i) of this section available for inspection, copying or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. if the contractor or sub-contractor fails to submit the required records or make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 4 (1) Apprentices and Trainees. Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ration of apprentices to journeymen on the job site in any craft shall not be greater than the ration permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which the program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or sub-contractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the vrage determination for the applicable classification. If the administrator determines that a different practice prevails for the applicable apprentice classification, fringe shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage �determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable w/age rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the acceptable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. 6. Subcontracte. The contractor or sub-contractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the sub-contractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier sub-contractor with all contract clauses in 29 CFR Part 5.5. 7. Contracts Termination: Debarment. A breach of the contact clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a sub-contractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1,3 and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its sub-contractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(l) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5r. 12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C., "Federal Housing Administration Transactions" provides in part, "Whoever, for the purpose of., influencing in any way the action of such administration .. makes, utters or publishes any �statement, knowing the same to be false,.. shall be fined not more than $5,000 or imprisoned not more than two years, or both". 11. Complaints, Proceedings or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any sub-contractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards. As used in this paragraph, the terms "laborers" and "mechanics' include watchmen and guards. (1) Overtime Requirements. No contractor or sub-contractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. (2) Violation: Liability for Unpaid Wages: Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable to the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under the contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for Unpaid Wages and Liquidated Damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or sub-contractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the contract Work Hours and Safety Standards Act, which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or sub-contractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or sub-contractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime conti-actor shall be responsible for compliance by any sub-contractor or lower tier sub-contractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety �(1) Mo laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29, Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54.83, Stat 96). (3) The Contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each sub-contractor. The contractor shall take such action with respect to any subcontract as the secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. �Schedule "F" Certification Regarding Lobbying Certification for Contracts. Grants. Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. 2) If any funds other than the Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. iy (Signature of Responsible (Grant Number) "^Name of of Organizati Organization) OS^-^^^-^i^Vi^^ts^ (Date) �"Schedule " G " Certification Regarding Drug Free Workplace Requirements GRANTEES OTHER THAN INDIVIDUALS This certification is required by regulations implementing Sections 5151-5160 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701 et seq.), 7 CFR Part 3017, Subpart F, Section 3017.699 and 45 CFR Part 76, Subpart F. The January 31, 1989 regulations were amended an published as Part 11 of the May 25, 1990 Federal Register (Pages 21681-21691). The grantee certifies that it will provide a drug-free workplace by: a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition: b) Establishing a drug-free awareness program to inform employees about: 1) 2) 3) 4) The dangers of drug abuse in the workplace; The grantee's policy of maintaining a drug-free workplace; Any available drug counseling, rehabilitation, and employee assistance programs; and The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: 1) Abide by the terms of the statement; and 2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; e) Notifying the agency within ten days of receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2) with respect to any employee who is so convicted: 1) Taking appropriate personnel action against such an employee, up to and including termination; or �2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement or other appropriate agency; g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). y (Organization)*^ ^ V (Authorized Signature) NJ^^ �Schedule "H" Certification Regarding Debarment and Suspension 1) As required by Federal Executive Order 12549, and prescribed by federal regulations, including 40 CRF Part 32, the contractor certifies that it, and its principals: (a) Are not presently disbarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any Federal department or agency; (b) Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction, including any violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a Government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (b) above; and (d) Have not within a 3-year period preceding this apphcation/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2) Where the Contractor is unable to certify to any of the statements in this paragraph, the Contractor shall attach an explanation to this certification. Date: ^ ^ W W v o 4 1 Authorized Signature 05Title Organization �OP ID: M P C E R T I F I C A T E O F LIABILITY I N S U R A N C E DATE (MM/DD/YYYY) 12/22/10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY APAEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certiricate holder in lieu of such endorsemerrt(s). CONTACT PRODUCER 845-628-1700 NAME: PHOte 1 FAX S p a i n A g e n c y , Inc. 845-628-1804 IMC No, Ext); 1 (A/C, No): B-MML 625 R o u t e 6 ADDRESS: M a h o p a c , NY 10541 PRODUCER e, CCD < CUSTOMER ID • : O l - C C r - 1 Brian J. Miles INSURERjS) AFFORDING COVERAGE V i l l a g e of S l e e p y H o l l o w Paula McCarthy 28 B e e k m a n A v e S l e e p y H o l l o w , NY 10591 INSURED INSURER A NAIC# NY M u n i c i p a l I n s R e c i p r o c a l MSURER B INSURER C INSURER D INSURER E INSURER F CERTIFICATE NUMBER: COVERAGES REVISION NUMBER; THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWrrHSTANDWG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. ADDL SUBR POLICY EXP POLICY EFF INSR LiMrrs TYPE OF INSURANCE POLICY NUMBER (MMCD/YYYY) (MM/DD/YYYY) LTR INSR WVP G B f S R A L LIABILITY A X COMMERCIAL GENERAL L IA8ILITY 1 aAlMSJvlADe X 06/01/10 MPLVSLP001 06/01/11 1 X 1 OCCUR 1 $ $ $ $ J » 1,000,000 50,000 8,000 1,000,000 2,000,000 2,000,000 1,000,000 ^Ea accidsnt) COMBINED S N G L E LIMIT t 1,000,000 e O O I L Y INJURY ( P e r p e r s o n ) $ EACH OCCURRENCE •DAWX5eTO'R£F3TE0 PREMISES (Ea occurrence) MED EXP (Any o n a person) PERSONAL S ADV INJURY GENERAL AGGREGATE GEN-L AGGREGATE LIMIT APPLIES PER: 1 POLICY 1 1j l c f 1X PRODUCTS - COMP/OPAGG Emp Ben. 1 LOG AlflrOMOSILE LIABILITY A X 08/01/10 MCAVSLPOOI ANY AUTO 06/01/11 ALL OWNED AUTOS BODILY INJURY (Per accidont) t SCHEOULEOWOS p r o p e r t y damage HIRED AUTOS (Per accident) $ $ NON-OWNED AUTOS $ UMBRELLA LIAB EXCESS LIAB A X OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE 0»01/10 MECVSLP001 06/01/11 $ $ $ DEDUCTIBLE X RETENTION t WORKERS COMPENSATION A t ® EMPLOY ERS- LIABILrtY y / ^ ANY PRCPRETOWARTNEftlEXECUTlVE 1 N/A OFFICER/MEMSeR EXCLUDED? SMamiatorylnNH) If yss, d«scribe msw OESCRPTION OF OPERATIONS Usiow A Ec^ipment Floater 10,000,000 20,000,000 $ W C STATU- lOTH- IfiEliMia.-_L£S_ E L EACH ACCIDENT 08/01/10 MIIVIVSLPOOI 06/01/11 $ E.L. DISEASE - EA EMPLOYEE $ E L DISEASE - POLICY LIMIT $ Leased/ Rent Equl 100,000 S1,000 dec DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Att»cll ACORD 101, AOdlilonal RsmarkE Sch«dul», If more s p a c e Is required! Certificate Holder Is Included as Additional Insured as per w^rltten contract or written agreement as respects Westchester County C D B G Agreement C-67-10-Tl9-Kendall Avenue Sidewalk Project. CANCELLATION CERTIFICATE HOLDER WESTOOO Westchester County Department of Planning 148 M a r t i n e A v e n u e W h i t e P l a i n s , NY 10601 1 ACORD 25 (2009/09) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE /fWtai^/ZXfkWx ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD �WOTFPAn I mi-f INSURED'SKWME Village of Sleepy Hollow Limit: $10,000,000. leted g p e f a t i o n s Aggregate Limit: SJlO,Cf0O,d00. Law Enforcement Public Officials • SLEEP-1 O P ID: MP date page 2 12/22/10 �STATE OF N E W YORK WORKERS' C O M P E N S A T I O N B O A R D CERTIFICATE OF PARTICIPATION IN WORKERS' COMPENSATION GROUP SELF-INSURANCE la. Legal Name and Address of Business Participating in Group SellInsurance (Use Sti-eet Addres:s Only) Id. B u s i n m Telephone Nunii>er of Business refwenced in box "la" Village of Sleepy Hollow 28 Beefcroan Avenue Sleepy Hollow. NY 10,591 914-366-5105 le. NYS Unemployment Insurance Employer Registration Number of Business referenced in box "la" lb. Effective Date of Membership In the Group 07/01/2006 Ic. The Proprietor, Partners or Executive Officers are If. Federal Empioyei- Identlflcalion Number of Business referenced in Box "la" r~1 included (only check box If all partners/ofllcers included) r i all excluded or certain partners/oOlcers excluded 3. Name and Addres.'s of Group Self-Insurer 2. Name and Address of the Entity Requesting Proof of Coverage (Entity Being Listed as Ccrtiflcat® Holder) NEW YORK STATE MUNICIPAL WORKERSCOMPENSATION ALLIANCE CLAIMS ADMINISTERED BY; WRIGHT RISK MANAGEMENT 333 EARLE OVINGTON BLVD., SUITE 505 UNIONDALE, NY 11553-3524 Westchester County Department of Planning 148 Marline Avenue White Plains, NY 10601 Tliis certifies that tlie business referenced above in box " la" is complying with the mandatoiy coverage requirements of the New York State Workers' Compensation Law as a paitieipating member of tlie Group Self-Insurer listed above in box "3" and participation ia such group self-insurance is still in force. The Gi'oup Self-Insurer's Adniijiistrator will send this Certificate of Participation to the entity listed above as the certificate holder in box "2". Tlie & o u p Self-Insurer's Administator will notify the above certificate holder v/itliin 10 days IF tlie membership of tlie pailicipant listed in box "la" is terminated. (Tliese notices may be sent by regular mail.) Otlierwise, this Certificate is valid for a maximum of one year from tlie date ceitified by the group self-insurer. If this ceriificaie is no longer valid according to the above guidelines and the business referenced in box "la " continues to be named on a permit, license or contract issued by the certificate holder, the business must provide the certificate holder either with a new certificate or other authorized proof the business is complying with the mandatory coverage requirements of the New York State Workers' Compensation Law. Under penalty of perjury, I ccrtify that I am an authorized repre-venfatlve of the Group Sell-Insurer referenced above and that tlic bu.«ness referenced in box "la" has tlic coverage a.s depicted on this form. Certified by; Douglas J. Hayden 07/01/2010 - 06/30/2011 (Print name of authorized representative of the Group Self-Insurer) Date Certified by: (Signature) Title: Telephone Number GSH05,2 PROGRAM MANAGER/PRESIDENT 516-750-9405 _______________ �WORKERS' COMPENSATION LAW Section 57 Restriction on issue of permits and the entering into contracts unless compensation is secured. 1, 1. T h e head of a state or mimicipal departnient, board, c o m m i s s i o n or office autiiorized or required by law t o issue any permit for or in connection with any work involving the e m p l o y m e n t of employees in a hazardous employment defined by this chapter, and notwithstanding any general or special statute requiring or authorizing the issue of such permits, shall n o t issue such permit unless proof duly subscribed by an instarance carrier is produced in a form satisfactory to the chair, that c o m p e n s a t i o n for alt employees has been secured a s provided b y this chapter. N o t h i n g herein, however, shall be construed as creating any liability on the part of s u c h state or municipal department, board, c o m m i s s i o n or office t o pay any compensation to any such employee if so employed. 2. 2. The h e a d of a state or municipal department, board, c o m m i s s i o n or office authorized or required by law t o enter into any contract for or in connection with any w o r k involving the employment of employees in a hazardous employment defined b y this chapter, notwithstanding any general o r special statute requiring or authorizing any such contract, shall not enter into any s u c h contract u n l e s s proof duly subscribed by an insurance carrier is produced in a form satisfactory to the chair, that compensation for all employees has been secured as provided by this chapter. Please Note: T h i s Certificate is valid only through the policy d a t e s indicated above, O R a m a x i m u m of one y e a r after this form is a p p r o v e d by t h e authorized representatives of the G r o u p Self-Insurer. At the expiration of t h o s e dates, if the b u s i n e s s c o n t i n u e s to b e n a m e d o n a permit or contract i s s u e d by t h e a b o v e g o v e r n m e n t entity, the b u s i n e s s must provide that government entity with a nev\^ Certificate. T h e b u s i n e s s must also provide a nevi/ Certificate u p o n notice of cancellation or c h a n g e in status of the policy, GSI-105.2 (2-02) Reverse �Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Submission of Grant Application to Fund the Development of a Hazard Mitigation Plan WHEREAS, the Village of Sleepy Hollow does not have a hazard mitigation plan; and WHEREAS, the Hazard Mitigation Grant Program of the New York State Office of Emergency Management (NYSOEM) has been identified as a funding source appropriate for the development of such a plan; and WHEREAS, this Hazard Mitigation Grant Program requires a local match of 25% of the cost of plan development. NOW, THEREFORE, BE IT RESOLVED that Kenneth Wray, Mayor of the Village of Sleepy Hollow, is hereby authorized and directed to file an application for funds from the New York State Office of Emergency Management in accordance with the provisions of the Hazard Mitigation Grant Program in an amount not to exceed $50,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to develop a hazard mitigation plan for the Village. BE IT FURTHER RESOLVED that we certify, as required by the grantor, that local funding is available for the required 25% match. BE IT FURTHER RESOLVED that the Mayor is herein authorized to take any and all such steps as are necessary to effectuate the intent of this resolution. Moved: Trustee Wompa Seconded: Trustee Stupel Absent: Trustee Shroedel and Trustee Carr Vote: 4-0 �Meeting Date: Resolution #: 12/14/2010 12/188/2010 BE IT RESOLVED, the Board of Trustees hereby confirms the (Mayor's appointment of Justin Muscarella of Dobbsferry, NY to the Department of Public Works as a Part-Time Laborer at an hourly rate of $15.00, effective December 15, 2010. Moved: Trustee Stupel Seconded: Deputy Mayor Caposella Vote: 4-0 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-12-14_RES-180-188 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/fefb4620592ba13accff4212afdb83aa.pdf 6911916c91bbaad33f81c3a66524e584 PDF Text Text The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, December 14, 2010 in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Deputy Mayor Thomas Capossela Karin Wompa Bruce Campbell Evelyn Stupel, Trustees David Schroedel (Absent) Barbara Carr (Absent) Also Present: Anthony P. Giaccio, Village Administrator Sara DiGiacomo, Village Treasurer Janet Gandolfo, Village Counsel Richard Gross, Village General Foreman Sean E. McCarthy, Village Building Inspector John Kapica, Police Chief At 7:00 p.m. the Mayor called the meeting to order with a prayer and pledge to the flag. Moment of Silence: There was a moment of silence for the passing of Teresa DaPico. Public Hearing: Mr. Giaccio read the Public Hearing notice. (Attached). William Seltzer - Said that the old parking policy in the manors worked fine. He believes that maids should be allowed to park in the manor. Whatever the decision, it should be made clear. Lawrence Eng -Lives near the group home and feels they shouldn't be allowed to park on the street. Barbara Muldoon - Lives on DeVries Street and says that there has always been cooperation with the police. The problem started when Kingsland Point Park became over crowded. She feels that the focus should be on better managing Kingsland Point Park than on parking in the manors. Discussion ensued. Elliot Martone - Is a member of the Philips Manor Improvement Association (PMIA). He made a request to the Mayor to hold the public hearing open until the PMIA could make an official recommendation. Cathy Doorley - Lives near the park. Would like the Village Board to make sure that any newpolicy is consistent with the Local Waterfront Revitalization Program. �Mario Belenich - Feels that all the rules should be consistent. Recommends alternate side of the street parking. Ken Terosian - Believes that workers should be allowed to park on the street. No parking makes the neighborhood look attractive. Doesn't think the law should be so rigid. Thinks that home owners should take more of a responsibility in solving the problem. William Seltzer - Asked if the hearing was just for Philips Manor and the Mayor replied "Yes". Trustee Capossela noted that there is a larger parking problem in the inner-village. Mayor Wray adjourned the public hearing. Approval of Minutes: Trustee Campbell moved, seconded by the Trustee Stupel to approve the minutes for November 16, 2010, November 30, 2010 & December 7, 2010. Motion Carried 4-0 Approval of Warrants: Trustee Wompa moved, seconded by Trustee Campbell to approve warrant 1 ODBC 14 in the amount of $1,600,135.20. Motion carried 4-0 Mayor's Announcements: Mayor Wray noted that there was an executive session before the regular Board meeting. No action was taken. Mayor Wray acknowledged a request made by Ichabod's Landing for an amended special permit. The matter was referred to the Planning Board. Mayor Wray announced that a special permit application was received by General Motors. Public Comments: Mario Belanich said that all new employees should be residents of Sleepy Hollow. He also recommended that there be a moratorium on all tax exempt properties. Trustee Reports: Trustee Campbell reported on the Halloween Hayride and other community events. Trustee Campbell noted that the Community Relations Committee has been meeting to discuss the Cablevision Franchise Agreement and Website. The Parks Committee met to discuss the shared services study and Kingsland Point Park. Trustee Capossela announced that free meals will be served on New Year's Day at the James Galgano Senior Center from 12:00 to 4:00. The event is being run by volunteers and will be totally funded through donations. More donations are needed. Trustee Wompa reported that the Downtown Revitalization Corporation has been working on the Village calendar and a winter carnival. Trustee Stupel reported that the Safe Housing Committee met to discuss illegal housing. �Administrator Report: Mr. Giaccio announced that there will be a DeVries Park Playground informational session on December 21, 2010 at Village Hall starting at 6:00pm. and that there will be a recreation shared services meeting on January 19, 2011. Mr. Giaccio reported on the half marathon scheduled for March26, 2011. Mr. Giaccio informed the residents that there will be no more leaf pick-up this year and that all leaves must be bagged from this day forward. Resolutions: ~ See attached New Business: The Board discussed whether or not to have a meeting on December 28, 2010. Correspondence: The Mayor received a letter from Catherine Cavalieri thanking the police and fire departments The Mayor acknowledged receipt of a letter from William Seltzer The Clerk received two liquor license applications, one for 87 Cortlandt Street and one for 166 Cortlandt Street. The applications were referred to the Police Department and Building Department. On motion by Trustee Campbell, Seconded by Trustee Stupel the meeting was adjourned at 8:40 p.m. Respectfully submitted. Anthony (fiic^cio Village Administrator �PUBLIC HEARING NOTICE PLEASE TAKE NOTICE the Board of Trustees of the Village of Sleepy Hollow will hold a continuation of a public hearing on Tuesday. December 2010. at 7:00 p.m. at Village Hall, 28 Beekman Avenue, Sleepy Hollow, NY, to hear and consider comments from members of the public regarding an amendment to Village Code, Chapter 5720A(A), to amend the code to one of the following: 1. Delete Chapter 57-20A(A) in its entirety; 2. Amend Chapter 57-20A(A) to permit for periods of time of less than 15 minutes; 3. Amend Chapter 57-20A(A) to permit parking of vehicles by building contractors, landscaping contractors, domestic workers, home healthcare providers and other business invitees between the hours of 7am-6pm, 4. Amend Chapter 57-20A (A) to permit parking of vehicles by social invitees between the hours of 7am-12am. A copy of the Village Code is available at the Village Clerk's office, Monday-Friday from 8:30 a.m. to 4:30 p.m. All interested parties are invited to attendant and be heard at said hearing. Village Hall is accessible to the handicapped. By Order of the Board of Trustees Dated: November 30, 2010 Paula A. McCarthy Village Clerk � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-12-14 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/9ead0ab183f2371530291310ed6e2a3c.pdf 0807241995c1af927479a2f3c77a9c7c PDF Text Text Minutes of the Board of Trustees Village of Sleepy Hollow A work session of the Board of Trustees of the Village of Sleepy Hollow was held on Tuesday, December 7, 2010 starting at 7:30 P.M. at Kendal-on-Hudson, 1010 Kendal Way, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Karin T. Wompa Barbara J. Carr Bruce R. Campbell Evelyn R. Stupel Trustees Deputy Mayor Thomas Capossela (Absent) David L. Schroedel (Absent) Also Present: Anthony Giaccio, Village Administrator Janet Gandolfo, Village Attorney Sean McCarthy, Village Architect John Kapica, Police Chief Mayor Wray called the work session to order at 7:30 p.m. MAYOR'S ANNOUNCEMENT ™ Mayor Wray noted that there is a public comment period at the end of the agenda and introduced the staff. Mayor Wray mentioned the Pearl Harbor Ceremony that was held at Horan's Landing earlier in the day. ENVIRONMENTAL ADVISORY COMMITTEE REPORT ™ Chairman of the Environmental Advisory Committee (EAC) David Bedell gave a report. Mr. Bedell listed the accomplishments that the EAC has had over the last year including, helping to pass a native plant resolution and leaf blower law, monitoring Con Edison's tree trimming program, consti'ucting a community garden at Morse School, storm water management education and community outreach. t o w i n g LICENSE - The Board reviewed a memo from Police Chief Kapica (attached), which recommends the approval of a towing license for Stiloski Automotive. STORM WATER GRANT - Mr. Giaccio informed the Board that a storm water consortium made up of 17 different municipalities including Sleepy Hollow, has received a grant for $210,000 for storm water system mapping. Sleepy Hollow is the lead agency for this grant. �CDBG CONTRACTS - Mr. Giaccio informed the Board that the Village has received two Community Development Block Grants, one for Devries Park in the amount of $248,000 and one for new sidewalks on Kendall Avenue in the amount of $ 100,000. ICHABOD'S REQUEST -- The Mayor announced that Ginsberg Development has requested an amendment to the special permit issued for Ichabod's Landing that will allow a dentist office in the retail space along River Street. PUBLIC COMMENTS Carol Kom - Asked about General Motors and the Duracell Property. Mayor Wray gave an update on both projects. Peter Davies - Inquired about the Birch Close/Kendal-on-Hudson connection. Mayor Wray said that an amended special permit would be required in order to allow a pedestrian connection at the end of Birch Close. Other options are being considered. Joan Pitman - Asked why all the meters weren't bagged for the holidays. Chief Kapica said that the parking authority did not have enough time to finish bagging all the meters. Edith Litt - Asked if General Motors required a new environmental review. The Mayor responded by saying that certain things may need to be reviewed again. Penny Brohm - Wanted to know if there would be affordable housing at the General Motors site and what is being done about illegal housing in the Village. Trustee Wompa said that 60 units of affordable housing are being proposed at the General Motors site. Trustee Stupel said that the code has been updated to address the illegal housing problem in the Village and that there is better enforcement and harsher fines. Adele Dunn - Inquired about the upcoming budget. Mayor Wray responded by saying that the Board will continue to try and keep the tax rate increase down as it has for the past 3 years. Trustee Wompa mention that the Village is doing creative things to help pay for projects and events like the Morse School Park and the hayride. Trustee Campbell said that efforts are being made to stimulate the local economy by promoting the downtown and the Sleepy Hollow name. Penny Brohm - Asked that the meters have a longer time to allow for lunchtime diners. Carol Korn - Thanked the Board for their efforts and for holding their meeting at Kendal. At 8:44 p.m. the meeting was adjourned. Anthony Qigjscio Village Administrator � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-12-07 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/26aa1b2b15cdc456990f87835cdbcae2.pdf 09bd0000a52f3d39bcb2e0ae7e116aa7 PDF Text Text The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, November 30, 2010, in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Deputy Mayor Thomas Capossela David Schroedel Barbara Carr Bruce Campbel Karin Wompa Evelyn Stupe!, Trustees Also Present: Anthony P. Glaccio, Village Administrator Paula A. McCarthy, Village Clerk Sara A. DiGiacomo, Village Treasurer Janet Gandolfo, Village Counsel Richard Gross, Village General Foreman Sean E. McCarthy, Village Building Inspector John Kapica, Police Chief At 7:04 p.m. the Mayor called the meeting to order with a pledge to the flag. Village Clerk read the announcement for the Public Hearing regarding Parking in the Manor. Mayor Wray opened the meeting and stated that this meeting will not be closed tonight and that all future correspondence should be addressed to the Village Clerk. Mayor Wray introduced Chief Kapica. The Chief then addressed the Mayor, the Board of Trustees and the Public with a letter he read. See attached. Maggie Masuci, a resident and a representative of 525 River Street, an apartment building, introduced a petition to the Board with signatures from the residents. Robert Ryan of Pierson Avenue addressed the Mayor and the Board, he stated he got a parking ticket in front of his house, and other vehicles around him were not ticketed. He suggested to the Mayor and the Board to debit line his property taxes since he is a resident. He also said that everyone who violates the law should be ticketed or not ticket, or simply allow people to park and give them a right to enjoy their properties. John Whysner of 166 Farrington Avenue, addressed the Mayor and the Board and read letter, see attached . Richard Piano, the President of the Philipse Manor Improvement Association stated that street parking has been an issue for decades and those newsletters from the 1930's also dealt with parking issues. He stated that in 2002, an informal survey of the neighborhood was done and that 211 homeowners didn't want any changes to parking regulations in the Manor and nine homeowners said they did want a change. See letter attached. �Mr. Piano also stated he feels that it is offensive and impossible to allow anyone and everyone to park anywhere, he said it is not workable. John Korzelius, of 525 Riverside Drive, addressed the Mayor and the Board of Trustees and stated he was not asked to partake in the 2002 survey that Mr. Piano mentioned and he has lived at the same location for 15 years. He stated that he has never seen a commuter parking in front of his house and he lives the closest to the Train Station. He also stated that he got a parking ticket in front of his house and paid it. Mr. Korzelius made a statement that this is a big bowl of spaghetti and the Board will have to fix it Donald Stever a resident of Philipse Manor, addressed the mayor and the Board of Trustees and stated that the problem is the current ordinance written is not enforced, and that it needs to have a law that allows reasonable use of the streets. He stated that residents will understand the rules and if the rules are clear enough. Adrienne of 149 Farmington Avenue, addressed the Mayor and the Board of Trustees and said he grew up with cars on his street. He suggested there is need for a change, but also keep the residents happy. Mayor said we're looking for something that is workable. Iris Schneider a resident of Philipse Manor since 1997, addressed the Mayor and the Board and stated that there's 5 people in his family with 4 cars and only one car garage and one car driveway, he asked what he should do now if he can't park on the street. John Bogus of Hardwood Avenue, addressed the Mayor and the Board and stated that his family owns 4 cars but he only has room for 3 cars in the driveway. David Permutter of Bellwood Avenue, addressed the Mayor and the Board and stated that in the past police would just be called and told how many cars were visiting, he feels that technically it may be unconstitutional but using discretion is not unconstitutional, and now there seems to be a passion to ticket residents of the Manor and it has to stop. Don Gateano, of Lawrence Avenue, a resident for 53 years, addressed the Mayor and the Board of Trustees and said since he can remember there has been no parking in the Manor. He stated that the Police Officers have to enforce it and it should not be selective enforcement. He suggested that people in the Manors should park in their driveway and that everyone should be treated equal. He stated that some of his tenants have moved out of the area because of all the parking tickets. Liza Hunter of 163 Highland Avenue, addressed the Mayor and the Board of Trustees and said she has been a resident for 23 years and has gone through this before. She Is concerned about consistency once the law is applied. She mentioned that she had a guest for 20 minutes, and his car was ticketed, but other cars in the area were not. Mrs. Hunter is expressed concern about selective enforcement. The remedy put forth by this Board should be very thoughtful and consistent. �Tim Judge of 250 Highland Avenue, addressed the Mayor and the Board and suggested that if residents are concerned about commuters, then restrict parking during commuting hours. Alex Martone, the Vice President of the PhiPipse Manor Improvement Association, would like the current ordinance to stay in affect. He said commuters can walk to train station from any street in the IManor. He also said this has been an issue for over 70 years in the Manor. Mr. Martone said that the Police know what cars belong in the neighborhood, and he likes the open vistas in the streets. He understand the Police Chiefs concern but believes that we should be able to maintain the ambience in the Manor and wants no parking rules in place but wants to have exceptions, stating that any change in the regulations would be the beginning of a downturn in the neighborhood. Emm it Wolfe of 226 Kel bourne Avenue, a resident for 23 years, addressed the Mayor and the Board of Trustees said he has a 3 minute walk to the train. Patricia Clarke of 460 Bel I wood Avenue addressed the Mayor and the Board of Trustees and said that her 10 year old son likes to ride his bike and when he drives out of the driveway she hold her breath. She lives here because its safe. Micheie Gonzalez, a resident of Kingsland Rd and a local realtor, addressed the Mayor and the Board of Trustees and said that her road is very narrow and has trouble backing out. She also said that she is able to sell houses in the neighborhood because of its beauty, and parking on the streets is not appealing. Tom Gonzalez, a resident of Kingsland Rd, addressed the Mayor and the Board of Trustees and stated that it is a good idea for cars to be ticketed in the Manor. He also stated that he bought a home in the Manor because of parking and safety issues, but that during Holidays the Police should use good judgment. He asked if this regulation passes will the Village lose any state funding. Kenny Lambert a Village resident of 25 years asked the Mayor and the Board of Trustees if these are parking regulations concerning Philipse Manor only or Sleepy Hollow Manor as well. He also asked if the Village Board has the authority to make any and all rules about parking on village roads. P. Herberts, a Manor Resident, addressed the Mayor and the Board and stated that in the past it was fine to just call the police and advise them of guests. He also said that residents with a lot of cars should not take advantage of parking on the streets and suggested that the law should read ''commuter rules", also suggested that residents that get tickets should dispute it. Ms. Rice, and Manor resident, addressed the Mayor and the Board and said that in the past she never had to give the police department a plate number. She suggested that guests should have a note on the dashboard stating what house they're visiting. She would like to keep it simple and friendly. �Robert Ryan of Pierson Avenue, addressed the Mayor aand the Board again and stated that there were a lot of good comments but If commuters and visitors are the issue they should get a permit. He also asked if there is a rule about visitors parking and wants to have the right to park his car in front of his house. Another Manor resident whose first name Is David, addressed the Mayor and the Board and stated that he has lived in the Manor for 39 and a half years. He said the parking situation in the Manor has worked for ''39" years and suggested the use discretion. Chief Kapica addressed the public and responded to some of the comments by noting that every tax payer in this state is, by law, allowed to drive and park on the roads In the Manor since the state and federal funds help pay for the entire road's upkeep. He also explained that the state will grant a permit-parking area in the Manor with the caveat that 15-20 percent of the permit parking area be reserved for commuters and the general public. Parking meters may also be used in this instance. Chief Kapica stated and asked if anyone wanted to have commuter parking in front of their home and asked why a commuter's car presents a greater safety concern than a visitor's car. Mayor Wray adjourned the public hearing at 8:10 p.m. and stated that there will be additional hearings for more folks to comment. On a motion by Trustee Schroedel, seconded by Trustee Carr the Board took a 5 minute break. Approval of Warrants Trustee Campbell moved, seconded by Trustee Schroedel to approve the warrant of $883,800.95. It was unanimous. Mayor announcemertts: Mayor announced that on December at 10 am, there will be an anniversary ceremony at Horan's Landing, in observance of Pearl Harbor. Public Comments: Mayor opened the meeting to public comments and evoked the 5 minute rule. Don Cateano of Lawrence Avenue addressed the Mayor and the Board of Trustees and asked if there were any updates regarding the former Mallory Battery Plant. He had heard that the clean up and testing that is being conducted by the Gillette corporation is going to cost the tax payers a lot of money. �Mayor Wray stated that everyone living near the property, corner of Elm Street and Andrews Lane, should have their soils tested for hazardous materials. Mayor also stated that it is an ongoing legal discussion with attorneys. Mario Belanich, of North Washignton St. addressed the Mayor and the Board of Trustees and said he was disturbed when he heard the taxpayers have to pay for the Duracell clean up, and that the Village should take action and not pay. He also asked about monies for Kingsland Point Park and Halloween. Trustee Schroedel -Nothing to report Trustee Carr- Nothing to report Trustee Campbell- Reported that the next work session will be on December starting at 7:30 pm. at Kendal, Deputy Mayor Capossela - Nothing to report Trustee Wompa ~ Reported that the Downtown Revitalization Corporation would be purchasing new and uniformed garbage cans for the downtown area. Trustee Stupe! - Reported that the Housing Committee met recently and that 20 cases have been prosecuted successfully since the new buildings codes were passed in April. The Village has collected about $95,000.00 in court fees. Administrator's Report: Mr. Giaccio reported that KVS, new financial software, is now in place and employees are being trained to use it He also reported that the village has received a new Community Development Block Grant for refurbished sidewalks on Kendal! Avenue. Mr. Giaccio also reported that a new round of finding for CDBG funds is coming up and he would be asking for project proposals and ideas from trustees. Mayor Wray introduced Mr. Tung, a representative for Genera! Motors, explained about a new riverfront concept plan for a new development and a new proposal that varies slightly from a previous one. Mr. Tung explained how the studies and determinations were made from a previous proposal, and what has been altered. He described and explained that the new proposal calls for 1,177 residential units, retail space of 137,000 square feet and 35,000 square feet of office space, an emergency access gate and much more. The entrance to this project includes a roundabout at the intersection of Beekman Avenue and River Street. Mr. Tung stated that an application is in the works. Deputy Mayor Capossela stated that this proposal seemed realistic, and mentioned that the village does have an easement over the railroad tracks that could be used for a road connection. Mayor Wray stated that he is pleased it has gotten to this point and if everything is in order, this could potentially be approved by the middle of January. �Resolutions; See attached. New Business: The Village will bag the public meters starting December January 3, 2011. Parking will be free until Trustee Campbell stated that the festive holiday lights decorations in the village could be better, and that there's not enough decorations compared to Tarrytown. He suggested buying more decorations next year. Discussion ensued. Public Comments: Mayor opened the meeting to the public and evoked the 5 minute rule. Don Cateano of Lawrence Avenue addressed the Mayor and the Board and stated that the new island on new Broadway looks like just a bunch of flowers. Mario Belanich of North Washington St. addressed the Mayor and the Board of Trustees and stated that more new hires should be village residents. Mayor Wray said the recent WMOA dinner meeting that took place at the new senior center was catered by seven local restaurants. At 9:20pm, a Motion was made by Trustee Shroedel to go into executive session, seconded by Trustee Wompa. At 9:27pm, Trustee Schroedel made a motion to come out of executive session, it was seconded by Trustee Carr. No action was taken at Executive session. At 9:28pm, Trustee Schroedel made a motion to adjourn the meeting; it was seconded by Trustee Carr. Respectfully submitted, Paula A. McCarthy Village Clerk �PUBLIC HEARING NOTICE PLEASE TAKE NOTICE the Board of Trustees of the Village of Sleepy Hollow will hold a public hearing on Tuesday, November 2010, at 7:00 p.m. at Village Hall, 28 Beekman Avenue, Sleepy Hollow, NY, to hear and consider comments from members of the public regarding an amendment to Village Code, Chapter 57-20A(A), to amend the code to one of the following: 1. Delete Chapter 57-20A(A) in its entirety; 2. Amend Chapter 57-20A(A) to permit for periods of time of less than 15 minutes; 3. Amend Chapter 57-20A(A) to permit parking of vehicles by building contractors, landscaping contractors, domestic workers, home healthcare providers and other business invitees between the hours of 7am"-6pm, 4. Amend Chapter 57-20A (A) to permit parking of vehicles by social invitees between the hours of 7am-12am. A copy of the Village Code is available at the Village Clerk's office, Monday-Friday from 8:30 a.m. to 4:30 p.m. All interested parties are invited to attendant and be heard at said hearing. Village Hall is accessible to the handicapped. By Order of the Board of Trustees Dated: November 10, 2010 Paula A. McCarthy Village Clerk �Mayor and members of the Board of Trustees. One of the tasks I have been able to address during my tenure as Chief of Police is the evaluation of the current parking restrictions that exist in both Sleepy Hollow and Philipse Manor. As the Board knows, at present no parking is allowed at any time in both of the Manors. Although this blanket prohibition may be justified in Sleepy Hollow Manor because of the narrowness of its roads, there is no valid public safety reason to have such a far reaching restriction in Philipse Manor. Such a restriction makes it inconvenient at best for Philipse Manor residents to fiilly enjoy their property and because of the caveats to its enforcement, any police action taken constitutes an unconstitutional exercise of police powers. The Board is aware that although the law prohibits the parking of vehicles anytime within Philipse Manor, contractors' vehicles are routinely exempted and residents may also request exemptions for the vehicles of family members and guests. The law contains no provision that allows for granting such exemptions making them subject to criticism as being arbitrary and capricious. Even if such a provision were to exist, it would likely be unconstitutional as it treats people whose vehicles are similarly situated differently. Because it is impossible for some residents to comply with the law, permanent exemptions are required. In fact, notwithstanding the No Parking Anytime prohibition, dozens of vehicles are parked on Manor' streets at virtually anytime of the day or night. Under existing law, the police officer assigned to patrol the Manor is expected to drive past the dozens of vehicles that have been granted exemptions, if he or she can discern which they are, and ticket those that may have been parked by commuters or people attending a function at one of the parks. Because the vehicles of commuters and park goers present no greater hazard parked on the streets than do the vehicles granted exemptions, enforcement of tiiiis nature is unlawful in that it violates the New York State Constitution. �There is little doubt that while the current blanket prohibition may not be necessary, some restriction is required to ensure that commuters do not deprive homeowners of the right to park on the street in front of their homes. Although there were only two instances last summer where overflow parking from the parks became a problem, the board may also wish to discourage that conduct and provide sanctions if it takes place. Understanding that the law should be enforced against all people equally, I have provided you with a number of alternatives to address these possibilities. The least restrictive of my preferred choices is to replace the present prohibition with one that does not allow parking between 7:00 a.m. and 8:00 a.m. Monday through Friday which would discourage most commuters. This period could be lengthened if it did not provide enough time for street cleaning. Adding an additional restriction that would cover the period 8:00 a.m. to 6:00 p.m. on the weekends during June througli September would serve to further address the park overflow problems. Finally, a No Parking restriction covering the period 8:00 a.m. to 6:00 p.m. Monday through Simday would deter virtually all commuter and overflow parking while allowing residents and guests to park on the streets outside these periods. I thank the Board for opening debate on this issue and ask that whatever option or alternative is selected that consideration be given to its legal viability and the Police Department's ability to provide adequate enforcement. �PETITlQiN 525 RIVERSIDE DRIVE PARKING SLEEPY HOLLOW, HY 1 Q 5 9 1 We the residents of 525 Riverside Drive have signed this petition in the hopes that you can help us with our unique parking situation. As you may be aware, our house is over 100 years old and cannot accommodate the present carload. Each apartment is assigned one offstreet parking spot. A few of us have more than one vehicle and some of us have children. We look forward to working together with you to resolve our parking problems. Thank you. H 52.5 R^V-g^rAe -^.l �John Whysner MD PhD D ABT 166 Farrington Avenue Sleepy Hollow, NY 10591 November 30,2010 Mayor Kenneth Wray and Trustees Tom Capossela, Bruce Campbell, Barbara Carr, David Schroedel, Evelyn Stupel, and Karin Wompa Dear Mayor and Trustees: I am a 23-year resident of Sleepy Hollow and a physician. I am opposed to allowing parking in Philipse Manor the following reasons: ® There are no sidewalks on many streets of the Manor. For example, my street Farrington has no sidewalks between Mum'oe and Riverside. If there are no sidewalks and if cars are parked in the streets, where do residents walk? This includes children coming home from the bus. In the middle of the street? ® The leaf blowers and residents pile their leaves on the curb, and if the cars are parked next to the curbs, where will the leaves go? In the middle of the street? Clearly, before the Village can consider any change to the parking regulations new sidewalks would need to be built, and there would have to be a ban on the storage of leaves in the street. I oppose changes in the parking ban in Philipse Manor. Sincerely, John Whysner MD, PhD, DABT �loO^ PARiCING SURVEY RESULTS!!!! We received responses from almost two-thirds of Philipse Manor households. The breakdown was ® 211 voted to keep the no-parking restrictions as they are now » 9 voted to ease the restrictions Of those who voted to keep no-parking, the most often cited reasons were the desire k e ^ Philipse Manor from becoming a parking lot for the various attractions around (train, park, restoration, river, etc.), child safety, reduction in the number of strangeis around the neighborhood, and pedestrian safety (It was pointed out that some streets have no sidewalks, so pedestrians would have to walk down the middle of streets if there were cars parked along them). Of those seeking a change, the cited reasons were inconvenience or lack of driveway parking and a perceived 'classist' attitude of those who want to keep out street parkers. Mayor Phil ZegareUi attended our September PNMIA Board meeting, and after hearing the response has agreed that there will be no change in parking reluiation and hence no public hearing on the matter. Thanks to all who responded!!! �Meeting Date: Resolution #: 11/30/2010 11/171/2010 Resolution of the Board of Trustees of the Viftage of Sleepy Hollow Approving Change Order for U.S. Route 9 Culvert Replacement Project WHEREAS, the Board of Trustees entered into a contract with Bradhurst Construction Corporation of Valhalla, New York to replace a drainage culvert, curbs, and sidewalks on U.S. Route 9; and WHEREAS, the contract was awarded based on the lowest unit price bidder; and WHEREAS, the Board of Trustees has requested to replace the street trees, brick pavers and electrical junction boxes to complete the project; and WHEREAS, Bradhurst Construction Corporation agrees to perform the additional work pursuant to the attached Change Order at the same unit price; and if the Village Engineer has reviewed the Change Order and has to recommended its approval; and WHEREAS, funding for said project is being paid for from the 2009-2010 Capital Budget. NOW, THEREFORE, BE IT RESOLVED that the Mayor is herein authorized to execute the attached Change Order for additional work. Moved: Trustee Campbell Seconded: Trustee Carr Vote: 6-0 �Putnam Business Park 1o89 Route 22 Brewster, MY 10503 jhahn@hahn-Bng.com Tel: 345-279-2220 Faxt 845-279-8909 MEMORANDUM To Anthony GiaccioVillage Administrator From Paul Vt}ipicdii Senior Frojept Inspector Dated October 19,2010 Stibject Change Order #3 ~ Street Trees and Pavers U.S. Ronte 9 Culvert Replacement Project Village of Sleepy Hollow Attached for your review and approval, please find two copies of Change Order #3, daied October Ig, 2010 in the ammnt dfS9,100.00 for the referenced project This work was discussed during a site meeting with Bradhurst Site Construction, Hahn-.Engineering and Ihe Village on September 13, 2010, As requested by the Village, this Change Order includes street frees, stump reindv^, bnck pavers and Belgi^ Block from' #283 North Broadway, proceeding ^outh, to Beekman Avenue, on the west side of Route 9, as recently requested by the Village. A single hand rail at the doorway to #285 N, Broadway is provided in the change order, also as requested by the Village. At tiiis time our office has acquired a proposed sketch from Westchester County Dept. of Planning indicating addition^ site improvements to be installed at this location. The duration of the work is estimated to be 1 week. At this time, approximately S3,500.00 of unused quantities will offset some of the costs of this change order work. If there are any questions or comments, please do not hesitate to contact me at your earliest convenience. _ A 7 PV cc: Mark Pugni, Bradhurst Construction (Fax# 914-592-7030) Suzette Lopane, R.L. A.,Westchester County Department of Planning (Fax# 914-995-9093) P:\Village of Sleepy HollowVRt 9 Culvert RcplaccmenlNCorrespoDdenceWiilageVAG Meiho COS - Trees and Pavers.doc E N V I R O N M E N T A L S T U D I E S A N D C I V I L R E P O R T S E N G D B S N E E R 1 N G G N WEF �CHANGE ORDER NO. 3 October 18, 2010 PROJECT: U.S. Route 9 Culvert Replacement Project Village of Sleepy HoUow CONTRACTOR: Bradhurst Site Constmetion 140 Bradkiirst Avenue Valhalla, NY 10595 TO: Mr. Mark Pugni You are directed to males the following changes to tiie referenced project The work should be paid for as per die prices sliown below. DESCRU^TION: _^ In addition to- new curbs and sidewalks, from #283 N. Broadway, proceeding south to the iatersection of Beekman Avenue, tMs change-order includes street trees, brick pavers and electrical junction boxes, no power disfiibution. See attached 'Broadway Sidewalks" sketch, dated 9/13/10 and 'handrail Detail'', dated 9/21/10. The handrail location will be verified in the field with the Village. COST SUMMARY: • Item # & Work Descrintion: ElecMcal Junction Boxes 2 Each Stump Removal 4 Bach (Trees to be cut and removed by the Village) Brick Pavers (At proposed light locations) 130 SF Belgian Block Border at Tree Pits 60 LF Ginkgo Biloba Trees 2 - 3" Caliper 2 EA (Princeton Sentry) -Handrail at jj!285 N. Broaiway (Approximately 36 inches high, by 40 inches long. Includes 13 inch deep footing, approximately 8 inches in diameter, l-.5.mch posts, top rail, black powdercoating) Unit Cost $ 775:.00/EA I soaoo/EA Cost Hxtengion S 1,550.00 $ 800.00 S $ S 15.00/SF 20.00/LF 750.00 / EA S 1,950.00 $ 1,200.00 $ 1,500.00 £ 2,100.00/EA S 2.100.QQ Page 1 of 2 �Change Order No. 3 US Route 9 Cnlvert Replacement Project Village of Sleepy HgUow October 18,20X0 TOTAL COST OF CHANGE OEDERr NEW CONTRACT PRICE: Contract price prior to this Cb^ge Orderi Increase resulting from this Change Order: New Contract price iiiGlnding this Change Order: $ S S 225,153.91 9,100.Qt) • 23^,253.91— The above changes are recommended fdr approval: H ^ Engdneenng Village CoEsaltmg Engineer By: James J. Habn, P.E. Dated: The above changes are accepted: Village of Sleep VHoIlow Mayor By: Kenneth Wray Dated: Tlie above changes are accepted: Bradhurst Site Constniction Gen^aJ Contractor By: Mark PEgni Dated: Page 2 of 2 P:\Village of Sleepy HollowXRt 9 Cnivert Replacement\Carrespondenc;e\ViiIage\CO 3 - Trees, haodrail, Jxn Boxes.doc �Meeting Date: Resolution #: 11/30/2010 11/172/2010 Resolution of the Board of Trustees of the Vilfage of SSeepy Hollow Approving Agreement with Westchester County for Remote Public Viewing Application System WHEREAS, Westchester County has created an internet-based public viewing system of iand records entitled "Westchester County Land and Legai Records Public Viewing Application" herein (L81LR) and made it available at no cost to municipal governments; and WHEREAS, although the information will be available to the public, access to the L&LR system will be limited to staff from the Department of Architecture, Land Use Development, Buildings and Building Compliance via user identification numbers and passwords; and WHEREAS, the L&LR system streamlines the manual, labor-intensive, costly and time consuming process currently utilized by the Westchester County Clerk's Office for the preparation and dissemination of deeds, mortgages and other land records documents; and WHEREAS, the Village of Sleepy Hollow will benefit from this system as a result of this increased efficiency; and WHEREAS, the proposed Intermunicipal Agreement with the Village of Sleepy Hollow would grant remote access to the L&LR system for a three (3) year period, commencing on January 1, 2011 and ending December 31, 2014; and WHEREAS, said agreement has been reviewed and approved as to form by the Village Attorney. ' MOW, THEREFORE, BE IT RESOLVED that the Mayor is herein, authorized to execute the attached Intermunicipal Agreement with Westchester County to provide for remote access to the Westchester County Land and Legal Records Public Viewing Application System. Moved: Trustee Carr Seconded; Trustee Stupel Vote: 6-0 �MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF WESTCHESTER LICENSE AGREEMENT made this between: day of , 200 , by and THE COUNTY OF WESTCHESTER (hereinafter referred to as the "County"), a mimicipai corporation of the State of New York, having and office and place of business in tlie Michaelian OfTice Building, 148 Martine Avenue, Wliite Plains, New York, 10601 and Village of Sleepv Hollow (hereinafter referred to as the "Licensee")^ located at 28 Beekman Avenue Sleepy Hollow, NY 10591 WHEREAS, the County desires to provide a license for remote access to the County Clerk's land records and legal files; and WHEREAS, the Licensee desires a license for the privilege of utilizing such remote access to the County Clerk's record; and NOW, THEREFORE, the parties hereto agree upon the premises, terms and cojiditions as follows: 1. Licensed Access; The County hereby grants to the Licensee a License at no cost for the use of ( 4 ) assigned user ID's from the Westchester County Clerk's system that would permit Licensee to connect computer terminal(s) foi remote web access to the County Clerk's land records and legal files. Licensee accepts the land records and legal file information on an is" basis and the County provides no warranty as to the accuracy of the information. To the extent permitted by law, the County disclaims all liability for the information contained in the files and records. �Confitientiaiiiy: The Licensee agrees that, except in accordance with proper judicial order or as otherwise provided by law, the Licensee and any person employed, or otherwise engaged, by such Licensee who by virtue of such employment or engagement is given access to the County Clerk's Office land and legal records pursuant to this License, shall not divulge or make known in any mamier any confidential information, such as social security numbers^ contained in such records. 3. Conduct of Operations: The Licensee assumes all risk of operation and shall provide, at its sole cost and expense, all equipment and hardware, as determined by the County, necessaiy to gain access to the County Clerk's records. The County shall not be responsible as a bailee or otherwise for any equipment or hardware or other personal property of the Licensee, or its employees, used to gain remote access, The Licensee hereby waives any claim for loss or damages Sustained to any personal property^ including, without limitation, theft or other casualty. The Licensee further agrees; (a) that except for the amount, if any, of damage contributed to, caused by or resulting from the negligence of the County, the Licensee shall indemnify and hold harmless the County, its officers, employees and agents from and against any all liability damage, claims, demands, costs, judgments, fees, attorneys' fees, or loss arising directly or indirectly out of the acts or omissions hereunder by the Licensee and third parlies under the directio]i or control of the Licensee; and (b) to provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of this License and to bear all other costs and expenses related thereto. 4. Term and Ternii»atioti: The term of this License shall be for a period of one year commencing on Januaiy 1,2010 and terminating on December 31, 2010, with the County Clerk's option to extend the License for three additional one-year periods on the same terms and conditions. This License shall be extended for an additional one year period automatically upon Licensee's receipt of a letter notice from the County Clerk advising Licensee the of County Clerk's decision to exercise it's option and extend this License for an additional one year period. In addition, this License may be terminated by the County upon thirty (30) days written notice to the Licensee when, in its sole discretion, the County deems it in its best interest to do so. Licensee shall have the right to terminate tjiis License npon thirty (30) days written notice to the County when, it is sole discretion, Licensee deems it in its best interest to do so. 5. No Lease: It is expressly understood and agreed that no equipjnent or space is leased to the Licensee. No exclusive rights for remote access (other than the licensed user ID's granted herein) are granted by this License. Notices: Ail notices of any nature referred to In this License shall be in writing and either sent by reguiai" mail or overnight courier, or sent by facsimile (with acknowledgement received and a copy of the notice sent by overnight courier), to the respective addresses set forth below or to such other addresses as the respective parties hereto may designate in writijig. Notice shall be effective on the date of receipt, or in the case of notices sent by regular mail, notice shall be effective three business days after the date of mailing. �To The County: Timothy C. Idoni , Westchester County Clerk 110 Dr. Martin Luther King Jr. Blvd. White Piams, NY 10601 And a copy to: County Attorney Michaelian Office Buildings Room 600 148 Martine Avenue White Plains, New York 10601. To the Licensee: Village of Sleepy Hollow 28 Beekraan Avenue Sleepy Hollow, NY 10591 With a copy to: Such addresses shall be subject to change from tline to time as may be specified in writing. Assignment: It is understood and agreed that this License and the privileges granted hereunder and exclusively personal in nature and the Licensee may not assign, convey, sell, transfer (including but not limited to an attempt to transfer this License pursuant to a sale or transfer of all or part of this Licensee's assets), or otherv/ise dispose of this License. Any attempted or purported assigmiient, subletting, or transfer of this License or any rights granted hereunder without the express written consent of the County is void. �8, Entire Agreement: This License md its attaclmients constitute the eiitiie agreement between the pairties hereto with respect to the subject matter hereof and shall not be enforceable until signed by both parties and approved by the Office of the Co"unty Attorney, ,200_ day of _ Signed this T I I E COUNTY OF ^¥ESTCI^ESTER By: Timothy C. Idonx, County Clerk LICENSEE : / By: L P l ^ 6 Title: V\_ g.^ Date: Approved as to form and maimer of execution Assistant Comity Attorney The County of Westchester K/d/cccfmuni remote access license 10.9.08 �CERTIFICATE OF AUTHORITY i, A r > V k o r , t A iirt^CC.^13 certify that i am the Q A ^ g ^ ^ C A-A {C^ffir^af otherkhan r\fhcir^Hii:)n officer nffi/^orsigning wfrf/i/'n/rcontract) nnnfri^mf) fTsflfil (Officer (Title) of t h e \ ) a corporation duly organized and in good standing (Name of Licensee) under the (Law under which organized, e.g,, New Yorl< Business Corporation foregoing agreement; that u) r ^ ^ (Name of person executing agreement) behalf of the Licensee as, at the time of execution named in the Law) who signed said agreement on V A M {Title of such person) of the Licensee And 1 further certify that said agreement was duly signed for and in behalf of said Licensee by authority of its Board of Directors, thereunto duly organized, and that such authority is in fuii force and effect at the date hereof. (CORPORA TE SEAL) Sigiiature STATE OF NEW YORK ) ) SS.: COUNTY OF WESTCHESTER ) came On this . day of before me persoiially me i^nown and known to me to be the o^'lkQ (A' ''I l&y; ^ ofI? H&/X i J f/d/AXtJ the corporation described in and which^^executed I, j'i the above certificate, who being by me duiy sworn did depose and say tliat he/she the said ' resides at 1 0 (j^K KMSril^'^)^ ) //h , and that he/she } ^ , corporation, \J lLO-^QA that • fA^xH/'/ ^ ^ to /ClTO^'o\ said corporation i<nows seal the corporate seal of isthe j said the sea! affixed the above certificate is such and corporate and tiiat it was affixed to the above certificate by order of the Board of Directors of said corporation, and that he/she signed his/her name thereto by lil<e order. �BE IT RESOLVED, that tlie Mayor and the Board of Trustees hereby approve bagging the parking meters for the holiday season starting December 6, 2010 until January 3, 2011. I^oved: Trustee Campbell Seconded: Trustee Stupel Vote: 6-0 �Whereas, former employee, Sgt. Paul Hood, filed a grievance with the Village regarding the amount of longevity pay he received for the years 2008, 2009, and 2010 and, Whereas, Village counsel reviewed the Village's contract with the PBA and determined there was merit to said grievances; and Whereas, the Public Safety committee negotiated a settlement with the former employee that they believe it is in the best interest of the Village, Now, Therefore, Be It Resolved, the Board of Trustees hereby authorizes the Village Administrator to settle former Sgt. Hood's grievance in the amount of $1,500.00 In full satisfaction of all claims and grievances by former Sgt Paul Hood against the Village of Sleepy Hollow; and Be It Further Resolved, the Village Treasurer is directed to pay the amount of $1,500.00 to former employee, Sgt Paul Hood. Moved: Trustee Capossela Seconded: Trustee Schroedel Vote: 6-0 �Whereas, Village employee, Sgt. Thomas Eaton, filed a grievance with the Village regarding the amount of longevity pay he received for the years 2008, 2009, and 2010 and. Whereas, Village counsel reviewed the Village's contract with the PBA and determined there was merit to said grievances; and Whereas, the Public Safety committee negotiated a settlement with the Village employee that they believe it is in the best interest of the Village, Now, Therefore, Be It Resolved, the Board of Trustees hereby authorizes the Village Administrator to settle Sgt. Eaton's grievance in the amount of $1,500.00 In full satisfaction of all claims and grievances by Sgt. Thomas Eaton against the Village of Sleepy Hollow; and Be It Further Resolved, the Village Treasurer is directed to pay the amount of $1,500.00 to Village employee, Sgt. Thomas Eaton. Moved: Trustee Campbell Seconded: Trustee Schroedel Vote: 6-0 �BE IT RESOLVED, the Board of Trustees hereby confirms the Mayor's appointment of James Wiiliam Yancey Jr, from Ossining, NY to the Department of Public Works as a Part-Time Laborer at an hourly rate of $15.00, effective December 1, 2010. Moved: Trustee Schroedel Seconded: Trustee Carr Vote: 6-0 �BE IT RESOLVED, the Board of Trustees hereby confirms the Mayor's appointment of Arlene Morei, from Yorktown Heights, NY to the Finance Department as Payroll Clerk at an annual salary of $53,000.00 effective November 29, 2010. BE IT FURTHER RESOLVED, that this resolution supersedes resolution #163, dated on November 2010. FURTHERMORE, said appointee is subject to a probationary period of fifty-two weeks and subject to the approval of Westchester County Civil Service. Moved: Trustee Stupel Seconded: Trustee Schroedel Vote: 6-0 �Meeting Date: Resolution #: 11/30/2010 11/178/2010 BE IT RESOLVED that the Mayor and Board of Trustees of the Village of Sleepy Hollow authorize the Mayor of Sleepy Hollow to sign the attached Inter-Municipal Agreement with Westchester County to have a connection to the DEP owned Catskill/Delaware Ultra Violet Disinfection Facility Water Treatment Plant Moved; Trustee Schroedel Seconded: Trustee Stupel Vote: 6-0 �THIS AGREEMENT made the day of 2010 by and among: THE COUNTY OF WESTCHESTER, a municipal corporation of the State of New York, having an office and place of business in the Michaelian Office Buildmg, 148 Martme Avenue, White Plains, New York 10601 (the "Comaty"); and THE VILLAGE OF SLEEPY HOLLOW, a municipal corporation of the State of New York, having an office and place of business at 28 Beekman Avenue, 2"^ Floor, New York 10591 (the "Village"); and WHEREAS, the County purchases raw water from the City of New York ("NYC") pursuant to a water supply agreement by and between the County and the New York City Department of Environmental Protection ("DEP"), as may be amended from time to time; and WHEREAS, the Village purchases raw water from NYC pursuant to a water supply agi'eement by and between the Village and DBP, as such agreement may be amended from time to time; and WHEREAS, pursuant to the Environmental Protection Agency's ("EPA") Long Temi 2 Enhanced Surface Water Treatment Rule, a specified level of treatment must be provided to drinking water in accordance with the EPA's rules; and WHEREAS, County Water Districts No. 1 ("District No. 1") and No. 3 ("District No. 3" and together the "Districts") anticipate using ultraviolet light ("UV") treatment to meet these new standards; and WHEREAS, the Village has requested that the County assist it in acquiring UV treated water to meet the EPA's requirements; and WHEREAS, the County is willing to facilitate this request in accordance herewith; and WHEREAS, Section 111 of the General Municipal Law empowers two or more municipalities to enter into a contract to provide for a common supply of water, including joint acquisition, constmction, operation and maintenance; and p WHEREAS, the New York City Department of Environmental Protection ("DEP") has advised the County that it will provide UV treated water to the County and any other interested parties via a connection consisting of two (2) 48 inch pipes (the "DEP Pipeline Connection") to the DEP~owned Catskill/Delaware Ultraviolet Disinfection Facility (the "Eastview UV Facility") currently being constructed by the DEP at its Eastview site adjacent to the County's Valhalla Campus at Grasslands; and �WHEREAS, the County anticipates entering into a license agreement with the New York City Water Board, pursuant to which the County will be granted a license to facilitate connection to the Eastview UV Facility via the DEP Pipeline Connection (the ''License Agreement"); and WHEREAS, the County will construct, in the vicinity of the DEP Pipeline Connection, a County-owned distribution chamber (the "County Distribution Chamber" and together with the DEP Pipeline Connection the "DEP Connection") to facilitate connection to and distribution of DEP UV treated water from the DEP Connection; and WHEREAS, Districts and DEP are not currently required to provide filtered water pursuant to their respective filtration avoidance determinations (each a "FAD" and collectively the "FADs") issued by the New York State Department of Health ("NYSDOH") and/or the EPA; WHEREAS, the County has been advised that DEP is designing a water filtration plant for a site located adjacent to its Eastview UV Facility; however, DEP has not confirmed that the filtration plant will be constructed at this site or that filtered water will be provided to the parties via the DEP Pipeline Connection should such a filtration plant ever be constructed; and WHEREAS, by letter the Village, among others, has advised DEP of its desire to reserve a specified maximum capacity of DEP UV treated water, which water may be accessed via the DEP Connection; and WHEREAS, DEP has consented to inclusion of the Village Maximum Capacity (defined below) in the DEP Connection Capacity (defined below); and WHEREAS, at the request of DEP, the County has agreed to serve as the liaison with the parties reserving capacity in and/or utilizing the DEP Connection provided that any such parties agree to pay the County, their pro rata share of the costs associated with the DEP Connection, as may be determined on a pro rata basis based upon each parties respective maximum flow, and agree to comply with all applicable water conservation regulations, policies and procedures; and WHEREAS, as a result of the stated maximum capacity needs of the parties reserving capacity in the DEP Connection (as more fully set forth in Schedule "A" hereto), including without limitation the Village, the County has been advised that the DEP Pipeline Connection has been designed to meet or exceed the currently stated maximum capacity of 101.2 million pgallons per day (the "DEP Connection Capacity"); and p WHERJEAS, the County has agreed, subject to the receipt of ail applicable approvals to reimburse DEP for its costs related to construction of the DEP Pipeline Connection; and WHEREAS, the County has not yet estimated the cost of the proposed County Distribution Chamber; and �W H E R E A S , the Village is desirous of paying its pro rata share of the costs of the proposed DEP Cormectioii; and NOW, T H E R E F O R E , the parties hereto in consideration of the terms and conditions herein contained do agree as follows: 1 • Recitals. The above recitals are hereby incorporated by reference into the body of this Agi-eenient. 2, Mutual Agreements. The parties hereby acknowledge and agree that: (a). County Authority. The County shall act as the sole point of contact with DEP in connection herewith. The County, in conjunction with DEP, shall develop all cost estimates, specifications and plans, for the project; and (b). SEORA- A coordinated review pursuant to the State Environmental Quality Review Act ("SEQRA") must be completed prior to any proposed construction, including without limitation the proposed DEP Connection. (c). Maximum Capacity. The Village hereby acknowledges and agrees that the Village has requested reservation of a maximum capacity (the "Village Maximum Capacity") of 3.95 million gallons per day ("MOD''), which will be used to serve the Village's residents in its municipal service area. 3. County Obhgations. The County grants the Village the right to connect to the DEP Connection in order to facilitate the taking of UV treated water from DEP up to the Village Maximum Capacity in accordance with the tenns hereof. The parties acknowledge and agree the License Agreement is necessary to enable the proposed DEP Coxmection and that the terms thereof shall be deemed incoiporated herein once approved and executed. Term. The tenii of this Agreement shall commence upon execution and shall continue, pursuant to Section 119-0 of the General Municipal Law, for a period commensurate �with the period of probable usefulness of the bonds anticipated to be issued by the County to finance the County Distribution Chamber currently estimated to be 40 years, unless terminated sooner in accordance with the terms hereof. 5. Village Obligations. For the right granted pursuant to Section "3" above, the parties hereto agree that the Village will pay an amount equal to its pro rata share of the costs of the DEP Connection (including those assumed by the County for the DEP Pipeline Connection, as well as such costs as may be incurred by the County in connection with construction of the County Distribution Chamber) based upon the requested the Village Maximum Capacity in direct proportion to the DEP Connection Capacity, as more fully set forth in Schedule "A," which is attached hereto and forms a part hereof, as well as the Village's pro rata share of any on-going operation and maintenance ("O&M") costs and expenses assumed or incurred by the County in connection herewith. The County shall issue invoices to the Village for the cost of the following: the DEP Connection, based upon tibe County's debt service obligations to DEP for the DEP Pipeline Connection, as more fully set forth in Schedule "A;" its own debt obligations for the County Distribution Chamber (once established); and the Village's pro rata share of any on-going operation and maintenance ("O&M") costs and expenses assumed or incurred by the County in connection with the foregoing. The County shall issue invoices in connection with the foregoing on a twice yearly basis and the Village agrees to remit payment for such invoices to the County within thirty (30) days of receipt thereof. -Notwithstanding the foregoing, the Village's obligation to pay costs related to the DEP Pipeline Connection hereunder shall terminate if the County's obligations to pay DEP terminate pursuant to the terms of the License Agreement. The parties acknowledge and agree that the DEP Connection Capacity may be increased up to a total maximum daily capacity of 120 million ^llons, and in the event that any additional party or parties commitment to pay their pro rata p share to reserve any available additional capacity, then the pro-rata cost of the connection to the existing participants, including without limitation the Village, will be recomputed and reduced based on the same formula and criteria as noted herein. �The Village further acknowledges and agrees that it is responsible to construct any facilities necessary to convey water from the DEP Connection to the Village's ultimate distribution facilities, including without limitation any additional water treatment as may be required. The Village must obtain any and all approvals necessary for the foregoing, at its sole cost and expense. The Village acknowledges and agrees that it is responsible fox any additional costs and expenses associated with the foregoing, including without limitation construction, design and O&M necessary in connection with the conveyance of UV treated water from the DEP Comiection to the Village's ultimate distribution facilities; any additional water treatment required; all necessary approvals; and for the cost of all water taken from DEP at the then applicable rate as may be set by DEP. All of the provisions of this Section "5" will survive the expiration or other teiTnination of this Agreement. 6. Acknowledgments. The Village agrees and aclaiowledges as follows: (a) that the County's sole obligations hereunder are set forth in Section 3 above; (b) that the County shall be the sole coordinator of design and construction with respect to the DEP Connection; (c) that all consultant(s), chosen by the County in accordance with its rules and regulations in furtherance hereof, shall act only upon the direction of the County; (d) that any supply of water is derived from DEP, and as such, DEP has the right to install a flow control valve(s) to order to control water supply in accordance with law and the County has no obligations whatsoever with respect to such water supply; and (e) that the County does not guarantee that DEP will, at all times, be able to provide the stated Village Maximum Capacity of UV treated water and that in no event shall DEP have any obligation to distribute UV treated water in excess thereof; and �(f) that the Village is liable for all costs hereunder, including without limitation, for the buy-in costs for the DEP Connection, regardless of whether the DEP Pipeline Connection costs exceed the current estimate of $5,064,000 and understanding that the County has not estimated the costs related to constructing the proposed County Distribution Chamber; (g) that the County has no responsibility whatsoever for any obligation, liabihty, fme or time constraint of the Village in connection herewith; (h) that in the event that DEP should fail to construct the DEP Pipeline Connection, tlie County shall have no further obligation hereunder with respect to said connection; (i) that should the County fail to obtain any necessary approvals in connection herewith, including without limitation, in relation to the DEP Connection, any necessary permits, NYSDOH approval, environmental clearances and/or passage of a mandatory referendum, then the County shall have no fiirther obligation hereunder with respect thereto. In such event the Village may petition DEP directly to order to request access to DEP UV treated water; (j) that neither the County, nor DEP has an obligation to provide any additional treatment to water provided hereunder other than UV treatment and the Village is solely responsible to provide any such necessary treatment for such water, including without limitation, addition of sodium hypochlorite, pH adjustment, corrosion control and fluoride and any costs associated therewith; (k) that the Village shall abide by all applicable water conservation regulations, policies and procedures, including without limitation, as may be promulgated by DEP, NYSDOH and Cpunty, pursuant to a water supply agreement between the County and DEP and as may be set f' forth in Schedule "B," which is attached hereto and made a part hereof, noting that such pohcies and procedures may be amended from time to time; and (1) that the Village and its respective officers, employees, agents, sub-consultants and/or consultants are independent contractors and not employees of the County or any department, �agency or unit thereof and, in accordan,ce with said status as independent contractors, the Village agrees that neither it, nor any of its respective officers, employees, agents, customers^ contractors, sub-consultants and/or consultants will hold themselves out as, or claim to be, officers or employees of the County or any department, agency or unit thereof; and (m) that the Village is responsible, at its sole cost and expense, for compliance with any applicable rules, regulations or obligations as a supplier of water, including without limitation obtaining any necessary FAD, noting that the FADs issued to DEP or the Districts do not include the Village. 7. Representations and Warranties. The Village expressly represents, waixants and guarantees to the County that: (a) It is a municipal corporation duly organized, validly existing and in good standing under the laws of the State of New York. The execution and perfonnance of this Agreement by tlie Village has received all required approvals, including without limitation, authorization by its governing body; this Agi'eement constitutes a legal, valid and binding obligation of the Village enforceable against the Village in accordance with its terms; and Village will deliver to the County at the time of execution of this Agreement a resolution adopted by its governing body authorizing the execution of this Agi'eement, and any other documents required to be delivered by the Village; (b) The person signing this Agreement on behalf of the Village has full authority to bind the Village to all of the tenns and conditions of this Agreement; ' (c) The consummation of the transactions contemplated by this Agreement and the perfonnance of the Village's obligations hereunder will not result in any breach of or constitute a default under other instruments or documents to which the Village is a party or by which it may be bound or affected; and �(d) The Village has not employed or retained any person, other than a bona fide full-time salaried employee working solely for the Village to solicit or secure this Agreement, and that it has not paid or agreed to pay any person (other than payments of fixed salary to a bona fide fulltime salaried employee worikxag solely for the Village) any fee, commission, percentage, gift or other consideration, contingent upon, or resulting from, the award or making of this Agreement. For the breach or violation of this provision, without limiting any other rights or remedies to which the County may be entitled, or any civil or criminal penalty to which any violator may be liable, the County shall have the right, in its discretion, to terminate this Agreement without liability, and to deduct from the contract price, or otherwise to recover, the full amount of such fee, commission, percentage, gift or consideration. The parties hereto acknowledge that the County is acting in rehance on the above. 8. Termination, (a) In the event the County determines that the terms and conditions contained herein have not been complied with, including without limitation failure of the Village to pay any amounts due and payable to the County hereunder and such non-compliance remains uncured for thirty (30) calendar days after service on said parties of written notice thereof, the County may seek any and all appropriate legal and/or equitable remedies, including, but not limited to, damages, attorney's fees, court costs, specific performance, injunctive or other equitable relief, including without limitation teinaination of this Agreement. The County, in its sole discretion, may agree to stay any enforcement beyond such thirty (30) day period, provided however that the County determines that the Village is diligently and continuously acting to cure said non-compliance. Without limiting the foregoing, upon written notice to the Village repeated non-compliance with the duties or obligations under this Agreement shall be deemed a material breach of this Agreement justifying termination for cause hereunder without requirement for further opportunity to cure. Notice shall be delivered pursuant to the below "Notice" provision. p (b). Notwithstanding the foregoing, the parties agree that the obligations set forth in Section 5 above to pay the County tlie pro rata share of the costs and expenses associated and the DEP Connection shall survive any termination of this Agreement. �9- Insurance. The Village agrees to procure and maintain insurance naming the County as additional insured, as provided and described in Schedule "C", entitled "Standard Insurance Provisions", which is attached hereto and made a part hereof. In addition to, and not in limitation of the insurance provisions contained in Schedule "C", the Village agrees: (a) that except for the amount, if any, of damage contributed to, caused by, or resulting from the negligence of the County, the Village v/ill each indemnify and hold hannless the County, its officers, employees, agents, and elected officials from arid against any and all liability, damage, claims, demands, costs, judgments, fees, attorney's fees or loss arising directly or indirectly out of this Agreement; and (b) To provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of this Agreement and to bear all other costs and expenses related thereto. All of the provisions of this Section "9" will survive the expiration or other teraiination of this Agreement. 10. Anti-Piscrimination. The Village expressly agrees that neither it nor any of its respective, consultants, sub-consultants, employees, or any other person acting on its behalf shall discriminate against or intimidate any employee or other individual on the basis of race, creed, religion, color, gender, age, national origin, ethnicity, alienage or citizenship status, disability, marital status, sexual orientation, familial status, genetic predisposition or earner status during the term of or in connection with this Agreement, as those tenns may be defined in Chapter 700 of the Laws of Westchester County. The Village acknowledges and understands that the County maintains a zero tolei'ance policy prohibiting all forms of harassment or discrimination against its employees by co-workers, supervisors, vendors, contractors, or others. 11. Applicable Law. The Village shall, at its sole cost and expense, comply with the provisions of all applicable local, state and federal laws, mles and regulations, including, but not limited to, those promulgated or enforced the EPA, DEP, NYSDOH or applicable to the Village as an employer of labor. The Village shall further comply, at its sole expense, with all applicable rules, regulations and licensing requirements pertaining to their professional status and that of �their employees, partners, associates, sub-consultants and others employed to render any work hereunder. 12. Intellectual Property. All records or recorded data of any kind compiled pursuant to this Agreement, including but not limited to written reports, studies, drawings, blueprints, computer printouts, graphs, charts, plans, specifications and all other similar recorded data, shall become and remain the property of the County. 13. Confidentiality/FOIL. Unless prior written consent from the County is obtained or except as required by law, the Village shall not, and shall ensure that their agents and/or customers shall not, disclose, reproduce, use for purposes other than those expressly permitted herein, sell, license, afford access to, distribute, or disseminate any information obtained from the County or its consultant(s) in connection herewith. The Village shall use reasonable controls to protect the confidentiality of and restrict access to all such information to those permitted persons having a specific need to know the same for purposes expressly authorized herein, and render unreadable prior to discarding, all records containing such information. In any event such controls shall be no less protective than those the Village uses to secure and protect its own confidential information. The parties agree and acknowledge that pursuant to the New York State Freedom of Information Law ("FOIL"), all records are presumptively disclosable, unless they fall into one or more of the listed exemptions. The Village agrees and acknowledges that it will treat records disclosed to them hereunder as exempt from disclosure under FOIL, pursuant to New York State Public Officer's Law §89(5)(l-a), on the grounds that said documents contain crucial infijastructure information, and the disclosure could endanger the life or safety of County personnel and the general public; pm'suant to New York State Public Officers Law §86(5); §87(2)(f); §87(2)(i); and §89(5). �The Village shall notify the County within five (5) days of receipt by the Village of an original or copy of a summons, complaint, process, notice, demand, pleadmg or any FOIL request arising directly or indirectly out of this Agreement. Delegation. The Village shall not delegate any duties or assign any of its rights under this Agreement without the prior express written consent of the County. Any purported delegation of duties or assignment of rights by the Village under this Agi'eement without the prior express written consent of the County is void. ,15. Miscellaneous. Pursuant to Act No. 56-1999, no County procuring officer may award or recommend for award any contract not subject to competitive bidding to a party that does not execute a certification in substantially the form attached hereto and fonning a part hereof as Schedule "D". Therefore, the Village agrees, as part of this Agreement, to complete the foiTn attached hereto as Schedule "D". Waiver. Failure of the County to insist, in any one or more instances, upon strict perfonnance of any tenn or condition herein contained shall not be deemed a waiver or relinquishment of such tenn or condition, but the same shall remain in full force and effect. 17. Notices. All notices of any nature refeixed to in this Agreement shall be in writing and either sent by registered or certified mail postage pre-paid, or delivered by hand or overnight courier, or sent by facsimile (with acknowledgment received and a copy of the notice sent by registered or certified mail, postage pre-paid), as set forth below or to such other addresses as the respective parties hereto may designate in writing. Notice shall be effective on the date of receipt. Notices shall be sent to the following: T o the County: Commissioner Westchester County Department of Environmental Facilities 270 North Avenue floor New Rochelle, New York 10801 �with a copy to: Westchester County Attorney Michaelian Office Buildings Room 600 148 Martine Avenue White Plains, New York 10601 To the Village of Sleepy Hollow Village of Sleepy Hollow Attn: Office of the Mayor 28 Beekman Avenue ~ Floor Sleepy Hollow, New York 10591 with a copy to: Village of Sleepy Hollow Attn: Town Counsel 28 Beekman Avenue Sleepy Hollow, New York 10591 Captions. The captions are inserted only as a matter of convenience and for reference and in no way defme, limit or describe the scope of this Declaration nor the intent of my provision thereof 19. Entire Agreement. This Agreement and its attachments constitute the entire Agreement between the parties with respect to the subject matter hereof and shall supersede all previous negotiations, commitments and writings. It shall not be released, discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of each of the parties. Any extension or other modification of the terms hereof shall be subject to receipt of all necessary approvals, p In the event of any conflict between the terms of this Agreement and the terms of any schedule or attachment hereto, it is understood that the terms of this Agreement shall be controlling with respect to any interpretation of the meaning and intent of the parties. �20. Third Party Beneficiary. Nothing herein is intended or shall be constmed to confer upon or give to any third paity or its successors and assigns any rights, remedies or basis for reliance upon, under or by reason of this Agreement. 21. Choice of Law. This Agreement shall be constmed and enforced in accordance with the laws of the State of New York, In addition, the parties hereby agi'ee that for any cause of action arising out of this Agreement shall be brought in the County of Westchester. 22. Invalidity. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid or void or unenforceable, the remainder of the terms and provisions of this Agreement shall in no way be affected, impaired, or invalidated, and to the extent permitted by applicable law, any such tenn, or provision shall be restricted in applicabihty or reformed to the minimum extent required for such to be enforceable. This provision shall be intei-preted and enforced to give effect to the original written intent of the parties prior to the determination of such invalidity or unenforceability. 23. Required Disclosure. Attached hereto and fonning a part hereof as Schedule "E" is a questionnaire entitled "Required Disclosure of Relationships to County." The Village agrees to complete said questionnaire as part of this Agreement. In the event that any infonnation provided in the completed questionnaire changes during the temi of this Agreement, the Village agrees to notify County in writing within ten (10) business days of such event. If applicable, the Village shall also have each approved subcontractor complete this questionnaire and shall advise the subcontractor of the duty to report any changes to the information contained therein within ten (10) business days of such event and such infonnation shall be forwarded to the County. p 24. Conflict of Interest. The Village shall use all reasonable means to avoid any conflict r of interest with the County and shall immediately notify the County in the event of a conflict of interest, the Village shall also use all reasonable means to avoid any appearance of impropriety. �25. Exclusivity. The Village acknowledges and agrees that this Agreement does not grant them any exclusive rights and that the County may, in its sole discretion, enter into similar agreements with other municipal entities and/or water districts. 26. Execution. This Agreement may be executed simultaneously in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. This Agreement shall not be enforceable until signed by all parties and approved by the Office of the County Attorney. [REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK.] p p �IN WITNESS W H E R E O F , the below listed parties have caused this Agi'eement to be executed as of the date first written above. T H E COUNTY O F W E S T C H E S T E R By: Name: Title: VILLAGE O F SLEEPY H O L L O W By: _ Name: Title: Authorized by the governing body of the Village of Sleepy Hollow at a duly held meeting on the day of 2010. Authorized by the Westchester County Board of Legislators pursuant to Act. 60-2010, Authorized by the Board of Acquisition and Contract of the County of Westchester at a duly held meeting on the day of October 2010. Approved as to form and manner of execution County Attorney County of Westchester K:Ramos;DXF;Villages: draft IMA Sleepy HoDow 7/14/IO.doc �ACKNOWLEDGMENT STATE OF NEW YORK COUNTY OF On the ) ) ss.: ) day of in the year 2010 before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Date: Notary Pubhc RPL § 309-a; NY CPLR § 4538 �CERTIFICATE OF AUTHORITY (CORPORATION) I. • (Officer other than officer signing contract) certify that I am the > of (Title) the (Name of Coiporation) a coiporation duly organized and in good standing under the (Law under which organized, e.g., the New York Business Corporation Law) named in the foregoing agreement; that (Person executing agreement) who signed said agreement on behalf of the (Name of Corporation) was, at the time of execution (Title of such person) of the Corporation and that said agreement was duly signed for and on behalf of said Corporation by authority of its Board of Directors, thereunto duly authorized and that such authority is in fall force and effect at the date hereof (Signature) STATE OF NEW YORK COUNTY OF ) ) ss.' ) On the day of in the year 2010 before me, the undersigned, a Notary Public in and for said State, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the officer described in and who executed the above certificate, who being by me duly sworn did depose and say that he/she resides at , aitd he/she is an officer of said corporation; that he/she is duly authorized to execute said certificate on behalf of said coiporation, and that he/she signed his/her name thereto pursuant to such authority. Notary Public Date �SCHEDULE"A" C O S T S T O BUY-IN T O D E P P I P E L I N E C O N N E C T I O N & C O U N T Y DISTRIBUTION C H A M B E R {the " D E P C O N N E C T I O N " ) BUDGET Connection M a x i m u m Capacity/Flow Rates Village Village Village WJWW County County of S l e e p y H o l l o w of Brlarcliff of Tarrytown & its m e m b e r municipalities Water District No. 1 Water District No. 3 Total MGD MGD MGD MGD MGD MGD 3.95% 5.14% 6.42% 27.18% 53.36% 3.95% 101.2 M G D 100% 4.0 5.2 6.5 27.5 54.0 4.0 DEP PIPELINE CONNECTION Village of S l e e p y H o l l o w Village of Brlarcliff Village of T a r r y t o w n W J W W & its m e m b e r m u n i c i p a l i t i e s C o u n t y Water District No. 1 C o u n t y Water District No. 3 E s t i m a t e d Total* 3.95% 5.14% 6.42% 27.18% 53.36% 3.95% $200,028 $260,290 $325,109 $1,376,395 $2,702,150 $200,028 100% $5,064,000 * P l u s 3 . 9 % i n t e r e s t ( a s c h a r g e d to t h e C o u n t y b y D E P ) . I n v o i c e s f o r t h e D E P P i p e l i n e C o n n e c t i o n s h a l l b e i s s u e d o n a twice y e a r l y basis (on April 1 a n d N o v e m b e r 1 of e a c h year) as set forth o n t h e f o l l o w i n g p a g e . 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CD CM O CM CM LO uo CD CM o CM ID O CO o CM io O CO O CM LO X— CO o CM ID •rCO O CM ID CM CO o CM 55 — ^—• X— CM CO r^j CD CM CD OJ CD TRv— -S™ T— CO CO o CM uo 00 ID to CO CD CO CO CO CO CO CO CO o o o o O o o CM CM ^ c^ CM CM tn ID ID ID LD ID ^ X— X— T^ CD CM CD CM CD CM CD X— X — X— X— CO CO CO CO o o o CM ^M ID 55 — v~ CM CO CM CD CM CM CO o CM ID T— iB IB -5— ^ OO CO o CM LO ^ ^ CTJ CO O CM LD CD CO O CM ID •c— CM CD CM X •— CD CO D ^C O o CM to ^— X— CO �W A T E R CONSERVATION P O L I C I E S AND P R O C E D U R E S [DEP's water conservation policies and procedures, as may be provided by DEP to be inserted] [Link to the County's water conservation policies and procedures to be inserted] �SCHEDULE"C" STANDARD INSUKANCE PROVISIONS 1. Prior to commencement of work, the Village of Sleepy Hollow (the "Contractor") shall obtain at its own cost and expense the required insurance from insurance companies licensed in the State of New York, carrying a Best's financial rating of A or better, and shall provide evidence of such insurance to the County of Westchester, as may be required and approved by the Director of Risk Management of the County, The policies or certificates thereof shall provide that thirty days prior to cancellation or material change in the policy, notices of same shall be given to the Director of Risk Management of the County of Westchester by registered mail, retum receipt requested, for all of the following stated insurance policies. All notices shall name the Contractor and identify the Agreement. If at any time any of the policies required herein shall be or become unsatisfactory to the County, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the County, the Contractor shall upon notice to that effect from the County, promptly obtain a new poUcy, submit the same to the Department of Risk Management of the County of Westchester for approval and submit a certificate thereof Upon failure of the. Contractor to furnish, deliver and maintain such insurance, the Agreement, at the election of the County, may be declared suspended, discontinued or terminated. Failure of the Contractor to take out, maintain, or the taking out or maintenance of any required insurance, shall not relieve the Contractor from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the contractual obligations of the Contractor concerning indemnification. All property losses shall be made payable to and adjusted with the County. In the event that claims, for which the County may be liable, in excess of the insured amounts provided herein are filed by reason of any operations under the Agreement, the amount of excess of such claims or any portion thereof, may be withheld from payment due or to become due the Contractor until such time as the Contractor shall furnish such additional security covering such claims in form satisfactory to the County of Westchester. 2. The Contractor shall provide proof of the following coverage (if additional coverage is required for a specific agreement, those requirements will be described in the "Special Conditions" of the contract specifications): (a) Workers' Compensation. Certificate form C-105.2 (9/07) or State Fund Insurance Company pform U-26.3 is required for proof of compliance with the New York State Workers' Compensation Law. State Workers' Compensation Board form DB-120.1 is reqiSired for proof of compUance with the New York State Disability Benefits Law. Location of operation shall be "All locations in Westchester County, New York." Where an applicant claims to not be required to carry either a Workers' Compensation Policy or Disability Benefits Pohcy, or both, the employer must complete NYS form CE-200, available to download at: www>wcb.state.nY»us (click on Employers/Businesses, then Business Pemiits/Licenses/Contracts to see instruction manual). �If the employer is self-insured for V/orker's Compensation, he/she should present a certificate from the New York State Worker's Compensation Board evidencing that fact (Either SI-12, Certificate of Workers' Compensation Self-Insurance, or GSI-105.2, Certificate of Participation in Workers' Compensation Group Self-Insurance). (b) Employer's Liability with minimum limit of $100,000. (c) Commercial General Liability Insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $100,000 for property damage or a combined single limit of $1,000,000 (c.s.I), naming the County of Westchester as an additional insui'ed. This insui'ance shall include the following coverages: (i) (ii) (iii) (iv) Premises - Operations. Broad Form Contractual. Independent Contractor and Sub-^Contractor. Products and Completed Operations. (d) Automobile Liability Insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and a minimum limit of $100,000 per occurrence for propeity damage or a combined single limit of $ 1,000,000 unless othei"wise indicated in the contract specifications. This insurance shall include for bodily injury and property damage the following coverages: (i) Owned automobiles. (ii) Hired automobiles. (iii) Non-owned automobiles. 3. All policies of the Contractor shall be endorsed to contain the following clauses: (a) Insurers shall have no right to recoveiy or subrogation against the County of Westchester (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the above-described insurance. (b) The clause "other insurance provisions" in a policy in which the County of Westchester is named as an insured, shall not apply to the County of Westchester. (c) The insurance companies issuing the policy or policies shall have no recourse against the County of Westchester (including its agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy. (d) Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of, and at the sole risk of, the Contractor. �CERTIFICATION REGARDING BUSINESS DEALINGS WITH NORTHERN IRELAND A. the Village and any individual or legal entity in which the Village holds a ten percent (10%) or greater ownership interest and any individual or legal entity that holds a ten percent (10%) or greater ownership interest in the Village (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Principles. B. For purposes of this Certification, "MacBride Principles" shall mean those principles relating to nondiscrimination in employment and freedom of workplace opportunity which require employers doing business in Northern Ireland to: 0 (1) increase the representation of individuals from underrepresented religious groups in the work force, including managerial, supervisory, administrative, clerical and technical jobs; (2) take steps to promote adequate security for the protection of employees from underrepresented religious groups both at the workplace and while traveling to and from work; (3) ban provocative religious or political emblems from the workplace; (4) publicly advertise all job openings and make special recruitment efforts to attract applicants from underrepresented religious groups; (5) establish layoff, recall and termination procedures which do not in practice favor a particular religious group; (6) abolish all job reservations, apprenticeship restrictions and differential employment criteria which discriminate on the basis of rehgion; (7) develop training programs that will prepare substantial numbers of current employees from undeirepresented religious groups for skilled jobs, including the expansion of existing programs and the creation of new programs to train, upgrade and improve the skills of workers from underrepresented religious groups; (8) establish procedures to assess, identify and actively recruit employees from underrepresented religious groups with potential for further advancement; and (9) appoint a senior management staff member to oversee affirmative action efforts and develop a timetable to ensure their fiill implementation, p C. For purposes of this Certification, "Northern Ireland" shall be understood to be the six counties partitioned from the Irish Province of Ulster, and administered from London and/or from Stormont. D. the Village agrees that the wairanties and representation in paragraph "A" are material conditions of this Agreement. If the County receives information that the Village is in violation of paragraph "A", the County shall review such information and give the Village �opportunity to respond. If the County finds that such a violation has occurred, the County may declare the Village in default, and/or terminate this Agreement. In the event of any such termination, the County may procure the supplies, services or work from another source in accordance with applicable law. the Village shall pay to the County the difference between the contract price for the uncompleted portion of this Agreement and the cost to the County of completing performance of this Agreement either by itself or by engaging another tlie Village. If this is a contract other than a construction contract, the Village shall be liable for the difference in price if the cost of procurement from another source is greater than what the County would have paid the Village plus any reasonable costs the County incurs in any new procurement and if this is a construction contract, the County shall also have the right to hold the Village in partial or total default in accordance with the default provisions of this Agreement. In addition, the Village may be declared not to be a responsible bidder or proposer for up to three (3) years, following written notice to the Village, giving the Village the opportunity for a hearing at which the Village may be represented by counsel The rights and remedies of the County hereunder shall be in addition to, and not in lieu of, any rights and remedies the County has pursuant to this Agreement or by operation of law or in equity. Agreed: Name of the Village: By (Authorized Representative): Title: Date: �REQUIRED DISCLOSURE OF RELATIONSHIPS TO COUNTY (Prior to execution of a contract by the County, a potential County contractor must complete, sign and return this form to the County) Contract Name and/or ID No.: (To be filled in by County) Name of Contractor: (To be filled in by Contractor) A.) Related Employees: 1. • Are any of the employees that you will use to carry out this contract with Westchester County also an officer or employee of the County, or the spouse, or the child or dependent of such County officer or employee? Yes No If yes, please provide details B.) Related Owners: 1. If you are the owner of the Contractor, are you or your spouse, an officer or employee of the County? Yes No If yes, please provide details;_ To answer the following question, the following defuiition of the word ^^interest" shall be used: Interest means a direct or indirect pecuniary or material benefit accruing to a county officer or employee, his or her spouse, child or dependent, whether as the result of a contract with the county or otherwise. For the purpose of this chapter, a county officer or employee shall be deemed to have an "interest" in the contract of: p i. His/her spouse, children and dependents, except a contract of employment with the county; ii. A firm, partnership or association of which such officer or employee is a member or employee; iiiA corporation of which such officer or employee is an officer, director or employee; and iv. A corporation of which more than five (5) percent of the outstanding capital stock is owned by any of the aforesaid parties. �2. Do ally officers or employees of the County liave an interest in the Contractor or in any subcontractor that will be used for this contract? Yes No If yes, please provide details:^ Authorized Company Official shall sign below and type or print information below the signature line: Name: Title: Date: �Meeting Date: Resolution #: 11/30/2010 11/179/2010 Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow Approving the Action of the Ambulance Chief BE IT RESOLVED that the Mayor and Board of Trustees of the Village of Sleepy Hollow approves the action of the Ambulance Chief in electing the attached list of six (6) new members to active membership, BE IT FURTHER RESOLVED that the Board of Trustees directs the Village Clerk to notify the Ambulance Chief in writing of this resolution. Moved: Trustee Carr Seconded: Trustee Campbell Vote: 6-0 �Memo To: Mayor and Board of Trustees From: James Hayes, Chief of E M S 3 ^ ' ^ ^ CC: Personnel files Date: November 29. 2010 Re: New Members Pleased be advised that at the ambulance corps monthly meeting six (6) new members where voted in as active members of the Sleepy Hollow Ambulance Corps. Dana Robertin of Beacon^ N Y Joseph Bolognese of Tarrytown, N Y Hunter Roth of Yonkers, N Y Kelly Mostrando of Ossining, N Y Christine Lorenz of Ossining, N Y Kevin Igwe of Tarrytown, N Y � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-11-30 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/b1e75ac7e4c5cb300bf5a015954cfc3e.pdf bf957d92be8c66bd1c1c46dff8f3b88e PDF Text Text Minutes of the Board of Trustees Village of Sleepy Hollow, New York A work session of the Board of Trustees of the Village of Sleepy Hollow was held on Tuesday, November 16, 2010, starting at 7:00 P.M. in the Boardroom at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Deputy Mayor Thomas Capossela Trustee Bruce R. Campbell Trustee Barbara J. Carr (7:36 P.M.) Trustee David L. Schroedel Also Present: Sean E. McCarthy, Village Architect Janet A. Gandolfo, Village Attorney Mayor Wray started the work session at 7:10 P.M. by reviewing the agenda and informing the Board that they will need to have an executive session to discuss personnel matters. The Mayor also announced that the Tarrytown Community Center will hold a food drive during the holidays and into January. A donation box will be place in Village Hall where donations may be left. Deputy Mayor Capossela announced that there will be a special sanitation schedule next week. Monday will be regular pickup; Tuesday will be regular pick up; Wednesday will be recycling; and Friday will be garbage pickup Village wide. WS-1 Presentation: Duracell Staging Area Victor Miles is representing AECOM, environmental testing company, hired by Gillette to evaluate soils on the former Mallory battery site and surrounding properties. Mr. Miles stated that AECOM is requesting assistance from the Board to allow the company the use of the Elm Street parking lot for a staging area for the remedial activities. Mr. Miles stated that they need to set up two office trailers and toilet facilities as well as use of about (13) parking spaces for their employees. Mr. Miles stated that he met with the Village Planning Board this month and they did not want storage of materials or contaminated soils on the site. The Mayor, referring to the site plan drawing, questioned the need for the area fenced off along the eastern parking lot boundary. Mr. Miles responded that the area may be needed to access the rear of the properties along Kendall Avenue. �Trustee Schroedel questioned the need of a security fence around the staging area, specifically between the rear properties on Kendall Avenue. He added that property owners have access through the existing fence to parking spaces they pay for. The Mayor suggested not blocking off access to the properties on Kendall Avenue. Mr. Miles stated that the fence can be removed and the employee parking spaces can be within the Village lot. Trustee Schroedel questioned how long the process will take. Mr. Miles responded that they are only in the testing phase and a work plan has not been approved by the DEC yet, but did not expect the work to take more than (2) years. Trustee Campbell questioned if soil will be stored on the site. Mr. Miles responded that it would not be in the best interest. He added that they are in negotiations with the owners of the UAW to use their property and that General Motors was not amenable to permitting them the use of the east parcel near Continental Street. Trustee Campbell questioned the soil storage time period. Mr. Miles responded that the soil will be stored in containers at the staging area for 2-3 days and then trucked to a land fill. The Mayor questioned how much material will be stored. Mr. Miles responded (3) roil offs, 30-40 yards each. Deputy Mayor Capossela questioned the type of equipment used. Mr. Miles responded that backhoes would be used, but depending on the site and access, wheelbarrows will be needed to move material. There was an open discussion regarding the method of excavating and storing soils. Trustee Schroedel summarized the process and reiterated that the material will be stored in sealed containers with no possibility of soil leaking out. Trustee Campbell, referring to the site plan drawing, clarified that there will not be a fence around the shaded area. Trustee Schroedel responded that the fence will only be around the trailers. The Mayor reviewed the site plan and suggested that the parking spaces be anywhere in the lot that are not reserved by residents with permits. �There was an open discussion regarding the scope of remediation. Janet Gandolfo stated that the methodology of the remediation requires approval by the DEC. Mr. Miles stated that A E C O M ' s scope of work only includes the gathering of soil samples. Based on the test results, they will prepare a work plan for the DEC's approval. Janet Gandolfo stated that the plan could change drastically and questioned if the DEC approval should be obtained before a staging area is approved. Mr. Miles responded that the timing is crucial and they needed to get the staging are first. Trustee Schroedel suggested exploring using at least half of the parking lot for the staging area. Scott McDonough, an engineer representing AECOM, outlined the original proposal sent to the Village Planning Board which requested an area of approximately (60) parking spaces. Mr. Miles informed the Board that the Planning Board did not agree with the plan because of the proximity to the park and new Senior Center. Trustee Campbell agreed and stated that the staging area should not be in the parking lot. Janet Gandolfo stated that if the Board agrees then the project should be sent back to the Planning Board for Site Plan approval. The Mayor stated that it makes sense to have the staging area near the site where the work will be performed. Trustee Schroedel questioned if the site can he enclosed with a Quonset style building. Mr. Miles responded that they have not researched enclosing the site but would not rule it out. Deputy Mayor Capossela stated that the area is very populated and close to the playground and Senior Center, and didn't expect the project to take (2) years. There was an open discussion regarding potential staging areas, including the General Motors property and the lot across from the Bridgeview restaurant. Trustee Campbell agreed with the placement of (2) offices on the Elm Street lot, but said the soil containers should be stored somewhere else. �The Mayor stated that the Board needed to consider al] the options, and suggested AECOM return to the Planning Board with the revised plan. Trustee Schroedel questioned if Gillette is able to share in the economic analysis for the viability of leasing other property. Mr. Miles responded that the information was not available. Trustee Schroedel questioned if the soil could be used in a BUD. Mr. Miles responded that it was not recommended. The Mayor concluded that the Board would consider the (2) trailers, toilets, and employee parking on the lot. Janet Gandolfo stated that a resolution would be prepared after the Planning Board reviews the site plan. WS-2 Discussion: Route 9 Change Order Sean McCarthy reviewed the status of the Route 9 drainage culvert project. He stated that all the work is completed including new granite curbing and concrete sidewalks. Mr. McCarthy handed out a letter from the consulting engineer and a copy of the contractors change order. Mr. McCarthy stated that the contract change includes the replacement of (2) street trees, installation of brick pavers, and installation of electrical junction boxes for future pedestrian light poles. Deputy Mayor Capossela requested that a resolution be prepared for approval at the next Board meeting. WS-3 Discussion: Land Records IMA Sean McCarthy described the Building Department's need to obtain land records and property information from the Westchester County Clerk's office. Mr. McCarthy handed out a draft Itermunicapal Agreement with Westchester County and explained that the agreement will allow selected Building Department employees to view and obtain records from the County Clerk's office through the internet. Trustee Campbell stated the idea makes sense and would benefit the Village Building Department. The Mayor directed Mr. McCarthy to prepare a resolution for approval at the next Board meeting. �At 8:05 P.M. the Mayor adjourned the work session. On a motion by Trustee Schroedel, seconded by Trustee Can* and carried unanimously, the Board went into executive session. At 8:24 P.M. the Board came out of executive session. The Mayor stated that the Board discussed personnel matters and litigadon, and no votes were taken. On a motion by Trustee Schroedel, seconded by Trustee Campbell and carried unanimously, the meeting was adjourned. Respectfully submitted. Sean E. McCanhy, Village ?\rchitect � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-11-16 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/0627e5b56f66089c52b7fdacc8e78c63.pdf f4d510e0686ed6be9391661fb1ffe31e PDF Text Text Meeting Date: 11/09/10 Reso!utioii#: 11/165-A/lO (A - $518,847- Various 5 year purposes) A regular meeting of the Board of Trustees of the Village of Sleepy Hollow (the "Village"), located in the County of Westchester, State of New York, was held at Village Hail, in the Village of Sleepy Hollow, New York, on November 9, 2010 at 7:00 P.M. (Prevailing Time), at which meeting a quorum was at all times present and acting. There were: PRESENT: Mayor Wray, Deputy Mayor Capossela, Trustee Schroedel, Trustee Wompa, Trustee CaiT, and Trustee Campbell. ABSENT: Trustee Stupel ALSO PRESENT: Janet Gandolfo, Village Attorney, Anthony Giaccio, Village Administrator, Paula A. McCarthy, Village Clerk, Sara DiGiacomo, Village Treasurer, Sean McCarthy, Village Architect, Richard Gross, Village General Foreman and Jolin Kapica, Village Police Chief. ^ ^ Trustee Schroedel submitted the following bond resolution and moved for its adoption. The motion was seconded by Trustee Carr. The Board of Trustees of the Village was polled. The motion was adopted by a vote of five (5) affiimative votes (being at least two-thirds of the voting strength of the Board of Trustees of the Village) with Zero (0) negative votes and one (1) vote absent. �I, PAULA A. MCCARTHY, Village Clerk of the Village of Sleepy Hollow, located in the County of Westchester, State of New York (the "Village"), HEREBY CERTIFY as follows: 1. A regular meeting of the Board of Trustees of the Village was duly held on November 9, 2010, and minutes of such meeting have been duly recorded in the Minute Book kept by me in accordance with the law for the purpose of recording the minutes of meetings of the Board of Trustees of the Village. 2. I have compared the attached extract with such minutes so recorded and such extract is a true and correct copy of such minutes and of the whole thereof insofar as such minutes relate to matters referred to in such extract. 3. Such minutes correctly state the time when such meeting was convened and the place where such meeting was held and the members of the Board of Trustees of the Village who attended such meeting. 4. Notice of such meeting was given as prescribed by law and such meeting was open to all persons who were entitled by law to attend such meeting. IN WITNESS WHEREOF, 1 have hereunto set my hand and impressed the seal of the Village, this (SEAL) day of November, 2010. U'Jjlx^^M-' l / U l C Q j l ^ - ^ EAULA A. Village Clerk- --' Village of Sleepy Hollow, New York ' �Meeting Date: 11/09/10 Resolution^: 11/165-B/lO (B - $6If985 -Fire Fighting Apparatus & Tax Certiorari) A regular meeting of the Board of Trustees of the Village of Sleepy Hollow (the "Village"), located in the County of Westchester, State of New York, was held at Village Hall, in the Village of Sleepy Hollow, New York, on November 9, 2010 at 7:00 P.M. (Prevailing Time), at which meeting a quorum was at all times present and acting. There were: PRESENT: Mayor Wray, Deputy Mayor Capossela, Trustee Schroedel, Trustee Wompa, Trustee Carr, and Trustee Campbell. ABSENT: Trustee Stupel ALSO PRESENT: Janet Gandolfo, Village Attomey, Anthony Giaccio, Village Administrator, Paula A. McCaithy, Village Clerk, Sara DiGiacomo, Village Treasurer, Sean McCarthy, Village Architect, Richard Gross, Village General Foreman and John Kapica, Village Police Chief. ^ ^ ^ ^ Trustee Campbell submitted the following bond resolution and moved for its adoption. The motion was seconded by Trustee Schroedel The Board of Trustees of the Village was polled. The motion was adopted by a vote of five (5) affirmative votes (being at least two-thirds of the voting strength of the Board of Trustees of the Village) with Zero (0) negative votes and one (1) votes absent. �I, PAULA A. MCCARTHY, Village Clerk of the Village of Sleepy Hollow, located in the County of Westchester, State of New York (the "Village"), HEREBY CERTIFY as follows: 1. A regular meeting of the Board of Trustees of the Village was duly held on November 9, 2010, and minutes of such meeting have been duly recorded in the Minute Book kept by me in accordance with the law for the purpose of recording the minutes of meetings of the Board of Trustees of the Village. 2. I have compared the attached extract with such minutes so recorded and such extract is a true and correct copy of such minutes and of the whole thereof insofar as such minutes relate to matters referred to in such extract. 3. Such minutes correctly state the time when such meeting was convened and the place where such meeting was held and the members of the Board of Trustees of the Village who attended such meeting. 4. Notice of such meeting was given as prescribed by law and such meeting was open to all persons who were entitled by law to attend such meeting. IN WITNESS WHEREOF, I have hereunto set my hand and impressed the seal of the Village, this (SEAL) day of November, 2010. P/XULA A.']^-€fcARTHY Village Clerk Village of Sleepy Hollow, New York �VILLAGE OF SLEEPY HOLLOW COUNTY OF WESTCHESTER, NEW YORK CERTIFICATE OF NO PROTEST I, PAULA A. MCCARTHY, Village Cierk of the Village of Sleepy Hollow (the "Village"), a municipal corporation of the State of New York, located in the County of Westchester, HEREBY CERTIFY as follows: 1. The Board of Trustees of the Village at a regular meeting thereof duly called and held on November 9, 2010, adopted a bond resolution having the following title: Five votes and one votes absent. BOND RESOLUTION, DATED NOVEMBER 9, 2010, AUTHORIZING THE ISSUANCE OF UP TO S61,985 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF SLEEPY HOLLOW, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE (I) ACQUISITION OF FIRE FIGHTING APPARATUS AND (li) THE PAYMENT OF A TAX CERTIORARI CLAIM, 2. On and prior to the date hereof, no petition or petitions protesting such bond resolution and requesting that it be submitted to the electors of the Village for their approval or disapproval have been filed with the Village Clerk. IN WITNESS WHEREOF, I have hereunto set my hand and impressed the seal of the Village, this 20^'' day of December, 2010. (SEAL) Vi,SvULA A/MCCARTHY 7 Village Clerk Village of Sleepy Hollow, New York �VILLAGE OF SLEEPY HOLLOW COUNTY OF WESTCHESTER, NEW YORK AFFIPAVIT AS TO POSTING STATE OF NEW YORK ) )SS.: COUNTY OF WESTCHESTER ) PAULA A. MCCARTHY, being duly sworn, DEPOSES AND SAYS: 1. That she is the Village Clerk of the Village of Sleepy Hollow (the "Village"), a municipal corporation of the State of New York, located in County of Westchester. 2. On the day of November, 2010, she posted a form of Public Notice relative to the bond resolution relating to the financing of the costs of (i) the acquisition of fire fighting apparatus ($9,455) and (ii) the payment of a tax certiorari claim ($52,530) adopted by the Board of Trustees of the Village on November 9, 2010, a true copy of which is annexed hereto and made a part hereof, in tlie six (6) conspicuous places in the Village: 2. C I q W v t v U ^ V 3. v j k ^ T A 6. VAo^e V\ove., a " XSTA ? Co^O^^-^-ctfc s a - v w x i j^AULA A. I ^ C S R T H Y Z? Village Clerk Village of Sleepy Hollow, New York Sworn to before me this day of November, 2010 / NOTARY PUBLIC FILOMENAA. FALUCARO NEWYORK/134568.1 Notary Public, State of New York No. 60-1155725 Qurftifted in Westchester County Comrntssion Expires June 30r-2d07 �Meeting Date: 11/09/10 Reso!utioii#: 11/165-C/lO (C-$162,843 -Machinery & Parks) A regular meeting of the Board of Trustees of the Village of Sleepy Hollow (the "Village"), located in the County of Westchester, State of New York, was held at Village Hall, in the Village of Sleepy Hollow, New York, on November 9, 2010 at 7:00 P.M. (Prevailing Time), at which meeting a quorum was at all times present and acting. There were: PRESENT: Mayor Wray, Deputy Mayor Capossela, Trustee Schroedel, Trustee Wompa, Trustee Carr, and Trustee Campbell. ABSENT: Trustee Stupel ALSO PRESENT: Janet Gandolfo, Village Attorney, Anthony Giaccio, Village Administrator, Paula A. McCarthy, Village Clerk, Sara DiGiacomo, Village Treasurer, Sean McCarthy, Village Architect, Richard Gross, Village General Foreman and John Kapica, Village Police Chief ^* ^ Trustee Carr submitted the following bond resolution and moved for its adoption. The motion was seconded by Deputy Mayor Capossela. The Board of Trustees of the Village was polled. The motion was adopted by a vote of five (5) affirmative votes (being at least two-thirds of the voting strength of the Board of Trustees of the Village) with zero (0) negative votes and one (1) vote(s) absent. �I, PAULA A. MCCARTHY, Village Clerk of the Village of Sleepy Hollow, located in the County of Westchester, State of New York (the "Village"), HEREBY CERTIFY as follows: 1. A regular meeting of the Board of Trustees of the Village was duly held on November 9, 2010, and minutes of such meeting have been duly recorded in the Minute Book kept by me in accordance with the law for the purpose of recording the minutes of meetings of the Board of Trustees of the Village. 2. I have compared the attached extract with such minutes so recorded and such extract is a true and correct copy of such minutes and of the whole thereof insofar as such minutes relate to matters referred to in such extract. 3. Such minutes correctly state the time when such meeting was convened and the place where such meeting was held and the members of the Board of Trustees of the Village who attended such meeting. 4. Notice of such meeting was given as prescribed by law and such meeting was open to ail persons who were entitled by law to attend such meeting. IN WITNESS WHEREOF, I have hereunto set my hand and impressed the seal of the Village, this (SEAL) day of November, 2010. XfZ^^K^^: IJIAXU^AJ^ . PAULA A. MCfCARTiS X Village Clerk Village of Sleepy Hollow, New York �VILLAGE OF SLEEPY HOLLOW COUNTY OF WESTCHESTER, NEW YORK AFFIDAVIT AS TO POSTING STATE OF NEW YORK ) . COUNTY OF WESTCHESTER )SS.: ) PAULA A. MCCARTHY, being duly sworn, DEPOSES AND SAYS: 1 That she is the Village Clerk of the Village of Sleepy Hollow (the "Village"), a municipal corporation of the State of New York, located in County of Westchester. 2. On the day of November, 2010, she posted a form of Public Notice relative to the bond resolution relating to the financing of the costs of (i) the acquisition of machinery and apparatus for construction and maintenance and (ii) the acquisition, construction and reconstruction of Village park improvements adopted by the Board of Trustees of the Village on November 9, 2010, a im& copy of which is annexed hereto and made a pait hereof, in the six (6) conspicuous places in the Village: 2. 3. 4. 5. 6. PAULA A. MCCARTHY V illage Clerk-Village of Sleepy Hollow, New York Sworn to before me this day of November, 2010 ^ NOTARY PUBLIC NEWYORK/95!25.1 FfLOMENAA. FALLACARO Notaiy Public, State of New York No. 60-1155725 Quaiified in Westchester County Commission Expires June 30,^2607 ly£> ('I �VILLAGE OF SLEEPY HOLLOW COUNTY OF WESTCHESTER, NEW YORK CERTIFICATE OF NO PROTEST I, PAULA A. MCCARTHY, Village Cierk of the Village of Sleepy Hollow (the "Village"), a municipal corporation of the State of New York, located in the County of Westchester, HEREBY CERTIFY as follows: 1. The Board of Trustees of the Village at a regular meeting thereof duly called and held on November 9,2010, adopted a bond resolution having the following title: BOND RESOLUTION, BATED NOVEMBER 9,2010, AUTHORIZING THE ISSUANCE OF UP TO $162,843 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF SLEEPY HOLLOW, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE (I) ACQUISITION OF MACHINERY AND APPARATUS FOR CONSTRUCTION AND MAINTENANCE AND • (II) THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF VILLAGE PARK IMPROVEMENTS. 2. On and prior to the date hereof, no petition or petitions protesting such bond resolution and requesting that it be submitted to the electors of the Village for their approval or disapproval have been filed with the Village Clerk. IN WITNESS WHEREOF, I have hereunto set my hand and impressed the seal of the Village, this 20^ day of December, 2010. (SEAL) Village Clerk Village of Sleepy Hollow, New York �Meeting Date: 11/09/10 ResoIution#: 11/165~D/10 (D - $131,325 - Water System) A regular meeting of the Board of Trustees of the Village of Sleepy Hollow (the "Village"), located in the County of Westchester, State of New York, was held at Village Hall, in the Village of Sleepy Hollow, New York, on November 9, 2010 at 7:00 P.M. (Prevailing Time), at which meeting a quorum was at all times present and acting. There were: PRESENT: Mayor Wray, Deputy Mayor Capossela, Trustee Schroedel, Trustee Wompa, Trustee Carr, and Trustee Campbell. ABSENT: Tmstee Stupe! ALSO PRESENT: Janet Gandolfo, Village Attorney, Anthony Giaccio, Village Administrator, Paula A. McCarthy, Village Clerk, Sara DiGiacomo, Village Treasurer, Sean McCarthy, Village Architect, Richard Gross, Village General Foreman and Jolin Kapica, Village Police Chief. * -M * Trustee Wompa submitted the following bond resolution and moved for its adoption. The motion was seconded by Deputy Mayor Capossela. The Board of Trustees of the Village was polled. The motion was adopted by a vote of Five (5) affiiTnative votes (being at least two-thirds of the voting strength of the Board of Trustees of the Village) with Zero (0) negative votes and One (I) votes absent. �I, PAULA A. MCCARTHY, Village Clerk of the Village of Sleepy Hollow, located in tlie County of Westchester, State of New York (the "Village"), HEREBY CERTIFY as follows: 1. A regular meeting of the Board of Trustees of the Village was duly held on November 9, 2010, and minutes of such meeting have been duly recorded in the Minute Book kept by me in accordance with the law for the purpose of recording the minutes of meetings of the Board of Trustees of the Village. 2. I have compared the attached extract with such minutes so recorded and such extract is a true and correct copy of such minutes and of the whole thereof insofar as such minutes relate to matters referred to in such extract. 3. Such minutes correctly state the time when such meeting was convened and the place where such meeting was held and the members of the Board of Trustees of the Village who attended such meeting. 4. Notice of such meeting was given as prescribed by law and such meeting was open to all persons who were entitled by law to attend such meeting. IN WITNESS WHEREOF, I have hereunto set my hand and impressed the seal of the Village, this day of November, 2010. ' (SEAL) P / U L A A. MCCARTHY Village Clerk Village of Sleepy Hollow, New York - ' �PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Board of Trustees of the Village of Sleepy Hollow (the "Village"), a municipal corporation of the State of New York, located in the County of Westchester, has on the day of November, 2010, duly adopted, pursuant to the Local Finance Law of New York, a bond resolution which: (1) authorizes the Board of Trustees of the Village to finance the costs of the acquisition, construction and reconstmction of various improvements to the Village water system and authorizes the issuance of up to $131,325 aggregate principal amount of serial bonds of the Village to finance the costs of such purposes, and (2) states the estimated maximum total costs of such acquisitions to be not in excess of $ 131,325, states that such costs will be financed, in whole or in part, with the issuance of obligations authorized in such bond resolution and sets forth the plan of financing of the costs of such puiposes, and (3) detemiines the period of probable usefulness of the purposes to be forty (40) yeai'S, and (4) determines that the maximum maturity of such serial bonds will be in excess of five (5) years, and (5) delegates to the Village Treasurer the power to prescribe the terms, form and contents of such serial bonds and the power to authorize the issuance of, and the power to prescribe the temis, foiTn and contents of, any bond anticipation notes issued in anticipation of the issuance of such serial bonds, including renewals thereof, and to issue, sell and deliver such serial bonds and such bond anticipation notes, and (6) states that the validity of such serial bonds, or of such bond anticipation notes issued in anticipation of the issuance of such serial bonds, may be contested only if (a) such obligations are authorized for an object or purpose, or class of object or purpose, for which the Village is not authorized to expend money, or (b) the provisions of law, which should have been complied with as of the date of publication of such bond resolution, were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or (c) if such obligations were authorized in violation of the provisions of the Constitution of the State of New York. �Such bond resolution is subject to a permissive referendum under the provisions of Article 9 of the Village Law and petitions protesting against such bond resolution and requesting that it be submitted to the electors of the Village for their approval or disapproval may be filed with the Village Clerk at any time within thirty (30) days after the date of the adoption of such bond resolution. By order of the Board of Trustees of the Village of Sleepy Hollow, County of Westchester, State of New York. Dated: November 9, 2010 Z7 F ^ L A A. Md-CAflTHY Village Clerk Villap of Sleepy Hollow, New York �VILLAGE OF SLEEPY HOLLOW COUNTY OF WESTCHESTER, NEW YORK AFFIDAVIT AS TO POSTING STATE OF NEW YORK ) )SS.: COUNTY OF WESTCHESTER ) PAULA A. MCCARTHY, being duly sworn, DEPOSES AND SAYS: L That she is the Village Clerk of the Village of Sleepy Hollow (the "Village"), a municipal corporation of the State of New York, located in County of Westchester. 2. On the day of November, 2010, she posted a form of Public Notice relative to the bond resolution relating to the financing of the costs of the acquisition, construction and reconstruction of various improvements to the Village water system adopted by the Board of Trustees of the Village on November 9, 2010, a true copy of which is annexed hereto and made a part hereof, in the six (6) conspicuous places in the Village; 3. 4. ^ Village Clerk Village of Sleepy Hollow, New York Sworn to before me this 17^ day of November, 2010 NOTARY PUBLIC hlomena a. fallacaro NEWYORK/I345M^'y York No, O0-1155725 Quaiified in Westchester County Commission Expires June 3 0 ^ 2 0 ^ L..- �VILLAGE OF SLEEPY HOLLOW COUNTY OF WESTCHESTER, NEW YORK CERTIFICATE OF NO PROTEST I PAULA A. MCCARTHY, Village Clerk of the Village of Sleepy Hollow (the ''Village"), a municipal corporation of the State of New York, located in the County of Westchester, HEREBY CERTIFY as follows: 1. The Board of Trustees of the Village at a regular meeting thereof duly called and held on November 9, 2010, adopted a bond resolution having the following title: BOND RESOLUTION, DATED NOVEMBER 9, 2010, AUTHORIZING THE ISSUANCE OF UP TO $131,325 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF SLEEPY HOLLOW, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF VARIOUS IMPROVEMENTS TO THE VILLAGE WATER SYSTEM. 2. On and prior to the date hereof, no petition or petitions protesting such bond resolution and requesting that it be submitted to the electors of the Village for their approval or disapproval have been filed with the Village Clerk. IN WITNESS WHEREOF, I have hereunto set my hand and impressed the seal of the Village, this 20^' day of December, 2010. (SEAL) PAULA A. MCCARTHY ^ Village Clerk Village of Sleepy Hollow, New York �VILLAGE OF SLEEPY HOLLOW COUNTY OF WESTCHESTER, NEW YORK ESTOPPEL NOTICE The bond resolution published herewith was adopted by the Board of Trustees of the Village of Sleepy Hollow (the "Village"), a municipal coiporation of the State of New York, located in the County of Westchester, on November 9, 2010. The effectiveness of such bond resolution was subject to a pennissive referendum and notice thereof was given as prescribed by law. The period of time prescribed by law has elapsed for the submission and filing of a petition for a permissive referendum and a valid petition has not been submitted and filed. The validity of the obligations authorized by such bond resolution may be hereafter contested only if such obligations were authorized for an object or purpose, or class of object or purpose, for which the Village is not authorized to expend money, or the provisions of law, which should have been complied with as of the date of publication of this notice, were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of publication of this notice, or if such obligations were authorized in violation of the provisions of the Constitution of the State of New York. Date: December 20,2010 pXiJLA a T m c ^ a r t h y Village Clerk ' " Village of Sleepy Hollow, New York �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-11-09 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/76633b8411a5c58621b02e05487399cd.pdf 6f88cbe1dca8cb810adbe3490f3dc62c PDF Text Text Minutes of the Board of Trustees Village of Sleepy Hollow A work session of the Board of Trustees of the Village of Sleepy Hollow was held on Tuesday, November 2, 2010 starting at 7:00 P.M. in the boardroom at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Thomas Capossela David L. Schroedel Karin T. Wompa Barbara J. Carr Bruce R. Campbell Evelyn R. Stupel Trustees Also Present: Anthony Giaccio, Village Administrator Janet Gandolfo, Village Attorney Sean McCarthy, Village Architect Rich Gross, General Foreman There was a, Executive Session 6:00pm to discuss a personnel matter. Mayor Wray called the work session to order at 7:25 p.m. TREE PERMIT APPEAL - Jane Berger and William Seltzer asked the Village Board to overturn a condition of their tree permit that requires the planting of two trees for every one being cut down. Ms. Berger believes that her property is well maintained with plenty of trees and should not have to plant two more trees on it. Ms. Berger submitted materials that support her case (attached). CDBG CONTRACTS - The Mayor informed the Board that Westchester County, in response to a settlement of a Federal law suit related to fair housing, has made changes to its Community Development Block Grant contracts. The new wording in the contract is intended to persuade Villages to comply with the terms of the settlement. Mayor Wary noted that Sleepy Hollow already complies with the settlement by having an adequate amount of affordable housing. EFFICIENCY GRANT APPLICATION - Efficiency grant applications are due in early December. Mr. Giaccio asked the Board for suggestions on what to apply for. Trustee Campbell recommended applying for a public access television station with Tarrytown. Trustees Wompa asked if it were possible to apply for an inter-municipal transportation system. �SPECIAL SESSION At 7:55, on a motion made by Trustee Campbell and seconded by Trustee Carr and carried unanimously the Board moved into special session. Resolutions - See attached At 8:04, on a motion made by Trustee Campbell and seconded by Trustee Carr and carried unanimously the Board moved out of special session. At 8:05 p.m. the meeting was adjourned. Respectfully submitted, Anthony Giaccjfo Village Administrator �For Village Administrator Anthony Giaccio Materials Supporting Letter of October 18, 2010 To the Village of Sleepy Hollow Board of Trustees From Jane Berger and William Seltzer 12 Kingsland Road Sleepy Hollow �Robert and Susan Centra 10 Kingsland Road Sleepy Hollow, NY 10591 Village of Sleepy Hollow Board of Trustees 28 Beekman Avenue Sleepy Hollow, NY 10591 Re: 12 Kingsland Road (Berger-Seltzer Residence) Dear Members of the Board of Trustees We are writing regarding the Tree Conservation regulations and the provision included in the recent tree removal permit granted to Jane Berger and William Seltzer, our southern-adjacent neighbors at 12 Kingsland Road. We understand and fully appreciate the intention of the provision to replace removed mature trees with new trees. However, the Berger-Seltzer residence and its lush plantings of trees and perennial shrubs should be considered. The residence is beautifully landscaped; "Green" in all respects and produces a tremendous amount of shade in our yards. We are outraged by this provision and firmly opposed to additional trees being planted south of our yard. It is difficult to grow much more than moss in our yard already, due to the existing shade from all of the trees. Please reconsider this provision, based on the actual Berger-Seltzer setting and amount of shade the property already casts on neighborhood lawns. Sincerely, Susan Centra Robert Centra �TOM SCHUMACHER 2 LAKEVIEW AVENUE, SLEEPY HOLLOW, NY 10591 845.652.0921 shoeyl 8@mac.com October 29,2010 Village of Sleepy Hollow Board of Trustees Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 Dear Board Members, I'm writing this letter in lieu of being present this evening to show my support of my neighbors, Jane Berger and Bill Seltzer. Jane and I share a love for landscaping and are frequently out in our yards working at the same time. Over the three years we've lived on Lakeview Avenue I've come to regard her as a knowledgeable and reliable sounding board for my planting ideas and she's even shared her extra plants and shrubs with me, giving them a good home instead of just throwing them away. To call Jane and Bill good stewards of their land is an understatement. I've often marveled how their small property is so full of native flowers, shrubs and trees but doesn't feel over planted as many yards do when left in the hands of landscapers. While the property is shady, it still maintains a wonderful balance of flowering and shade-loving plants and shrubs. I know that Jane and Bill have worked hard and spent considerable time and effort to achieve this balance and it would be safe to say that no one knows their yard better than they do. That's why I find the Tree Commission's decision to require them to replace the tree they removed, one that was determined by an accredited arborist to be a hazard to both their home and to our surrounding homes, with two mature evergreens, curious. This feels like an arbitrary enforcement of Section 52A-1, a decision that was made by rubber stamp as opposed to considering the actual property that's this ruling affects, in fact, this ruling could result in the very same situation occurring with one or both of the replacement trees in the future and that seems short-sighted to me. As I said in my opening, if I wasn't out of town, I would be here in person to deliver this message. I hope that you'll rule in their favor and show that governance is sometimes not black and white. P.S. I've included photos of Jane and Bill's property to bring a frame of reference to this discussion and show that their existing plantings are already in accordance with section 52A-1 policy of "providing shade, reducing the need for air conditioning, absorbing air pollution and providing oxygen to the air and reducing erosion and flooding." �Meeting Date: Resolution: 11/02/2010 11/161/2010 BE IT RESOLVED that the Mayor and the Board of Trustees of the Village of Sleepy Hollow ratifies the attached agreement dated October 27, 2010 by and between the Village of Sleepy of Hollow and the Local 456, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America. Moved: Trustee Capossela Seconded: Trustee Schroedel Vote: 6-0 Cteffe/Depufcy Oerk, do' hereby certify that the foregoing is a true espy of ®n extract duly adopted by the Board of Trustees of the Village of Sleepy Hollow, on the . i W day of . 20 / O and of the whole thereof, and I further certify that the same was entered into the minutes of the meeting of said Board of Trustees held on said date. AH WITNESS WHEREOF, I have hereunto set my hand and official sssl m% 3 f J - day of i U O Y ^ s - M ^ ^ , 2 0 / o . �Memorandum of Agreement This AGREEMENT dated October.27, 2010 by and between the Village of Sleepy Hollow ('the Village") and Local 456, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America ("the Union").. WHEREAS, the Union filed a grievance dated July 16, 2009 alleging that the Village violated Article IV (7) of the collective bargaining agreement when it denied John Korzelius out-of-titie pay; and WHEREAS, the Village denies these allegations; and WHEREAS, an arbitration hearing was commenced on October 27, 2010; and WHEREAS, the parties wish to resolve the pending grievance filed in an amicable way without the uncertainties, costs and risks of continued litigation; NOW, THEREFORE, it is hereby agreed by and between the parties as follows: 1. The grievance is withdrawn, with prejudice. 2. Korzelius shall be paid $2,000, less applicable taxes and withholdings. 3. Even though it has entered into this Agreement, the Village continues to assert that it had the right to take the actions that led to the grievance and that it would prevail if tried before an arbitrator. Likewise, even thought it entered this Agreement, the Union continues to assert that the Village did not have the right to take the actions that led to the grievance and that it would prevail if tried before an arbitrator. 4. > This Agreement represents the totality of the parties' agreements regarding the issues involved in this grievance. There are no other agreements, oral or • otherwise. 5. Korzelius enters into this Agreement knowingly and voluntarily and acknowledges that he, has been fairly represented by the Union throughout the negotiation of this settlement. 6. This Agreement is contingent upqn the Village posting, pursuant to Article XIII (4), a job opening for the position of Park Foreman within two weeks following the ratification of this Agreement. In the event that the job opening is not posted within this time frame, this Agreement shall be nulliind void and the Union may, within one week, notify the arbitrator in writing that it wishes to proceed with the arbitration hearing. The parties agree that the arbitrator shall retain jurisdiction for this purpose. �1. This Agreement shall be subject to ratification by the Village Board and will be presented to the Board on November 2, 2010. In the event that the Board does not approve this Agreement, then this Agreement shall become null and void and no adverse inference shall be drawn against either party by virtue of having entered into it. FOR THE VILLAGE: DATED: �Meeting Date: 11/02/2010 Resolution #: 11/162/2010 Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow to approve posting of Park Foreman position. WHEREAS, there is a vacancy in the Department of Public Works for the position of Park Foreman and, WHEREAS/ Union contract requires that the Village post this position in english and spanish for ten days in a location accessible to all Department of Public Works employees and, WHEREAS, any Department of Public Works employee who is interested in applying for said position, shall indicate such interest in writing to the General Foreman within the posting period, NOW, THEREFORE, BE IT RESOLVED that the Mayor and the Board of Trustees of the Village of Sleepy Hollow approve the posting of the Park Foreman position for ten consecutive days effective November 3, 2010. Moved: Trustee Campbell Seconded: Trustee Schroedel Vote: 6-0 �Meeting Date: Resolution #: 11/02/2010 11/163/2010 BE IT RESOLVED, the Board of Trustees hereby confirms the Mayor's appointment of Arlene Morel, from Yorktown Heights, NY to the Finance Department as Payroll Clerk at an annual salary of $52,000.00 effective November 8, 2010. FURTHERMORE, said appointee is subject to a probationary period of twelve to fifty-two weeks and subject to the approval of Westchester County Civil Service. Moved: Trustee Wompa Seconded: Trustee Stupe! Vote: Unanimous �Meeting Date: Resolution #: 11/02/2010 11/164/2010 BE IT RESOLVED, that the Mayor and the Board of Trustees of the Village of Sleepy Hollow, overruled a tree permit condition requiring two Evergreen trees be planted at 12 Kingsland Road. Moved: Trustee Campbell Seconded: Trustee Carr Vote: Unanimous � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-11-02 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/32dfe05004078fa0e1b82bd32198a794.pdf 099a314ca26ae5691a74e401b5e09ead PDF Text Text Is The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, October 26, 2010, in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Deputy Mayor Thomas Capossela David Schroedel Barbara Carr Bruce Campbel Karin Wompa Evelyn Stupe!, Trustees Also Present: Anthony P. Giaccio, Village Administrator Paula A. McCarthy, Village Clerk Sara A. DiGiacomo, Village Treasurer Janet Gandolfo, Village Counsel Richard Gross, Village General Foreman Sean E. McCarthy, Village Building Inspector John Kapica, Police Chief At 7:D3pm, the Mayor called the meeting to order with a pledge to the flag. Mayor's Announcements: Mayor Wray introduced the River Town Runners for a brief presentation of last Saturday's lOK. Kristen Idalski and Todd Ruppel thanked and the Village for supporting and allowing them to do the lOK for the first time, which she described as a home run. The event brought more than 250 runners over the finish line, including many runners from out of state. Mayor Wray thanked Ms. Idalski and Mr. Ruppel, and stated he wants to continue to work together again in the future. Discussion ensued amongst Trustees. Trustee Campbell said it's a great way to introduce people to a quality event in the Village. Approval of Minutes: Trustee Carr moved, seconded by Trustee Schroedel to approve the minutes of 7/13/2010; 9/14/2010; 9/21/2010. It was unanimous. Approval of Warrants: Trustee Campbell moved, seconded by Trustee Carr to approve the warrant of $372,932.71, It was unanimous. �Mayor announcements: Mayor introduced Cathy Lopane- Chulla of the Tarrytown Teachers' Association and school psychologist Dr. Ivette Lebenberg, who presented a check for $4,456.50 to the Board for the Halloween Hayride and thanked the village for allowing the students to enjoy the attractions at a discount. Mayor Wray thanked everyone who participated. Mayor Wray announced the opening of the new center for the seniors will be tomorrow, October 21, 2010 at 2pm. There will be a ribbon cutting ceremony. Mayor stated that Sean McCarthy designed a beautiful building, and that the seniors have been looking forward to this event. Public Comments: Mayor Wray opened Public Comments and evoked the 5 minute rule: Mr. Don Cateano of Lawrence Avenue addressed the Mayor and the Board of Trustees and donated $150.00 for refreshments for the ribbon cutting; he also asked to have a hand rail installed in front of Police headquarters. Mickey McHale Taylor of Bellwood Avenue addressed the Mayor and the Board of Trustees and stated that she recently moved and is very upset about the Horseman's Hollow event taking place at the Philipsburg Manor Restoration. She said it is too close to her home and has caused a major inconvenience to her and her young children. Mrs. McHale Taylor explained that the Halloween attractions are visible from her windows and it is inappropriate, irresponsible, invasive and disruptive to her home, and that her children are scared. She continued to say that she needed to cover the windows on two sides of her home and buy sound machines to guard her children from unsightly views and of grotesque sights and unpleasant sounds from across the street. Mrs. McHale Taylor stated she does not want that in her backyard, and she hopes that this will be considered for next year. She suggested that the event be relocated to a more remote portion of Philips Manor. Mayor Wray stated that this will be reviewed for next year's events and that her input was very valuable. Discussion ensued. Mr. Giaccio stated that he would speak to Mr. Tom Thacker will try to put up more fencing and move the sound towards the river. Brian Doyle, of 3P Doyle's Restaurant, addressed the Mayor and the Board of Trustees and thanked the Board for allowing the Village to host recent events that brought customers to his establishment; he stated he is proud to be from Sleepy Hollow. Mario Belanich, of North Washington S t , addressed the Mayor and the Board of Trustees and expressed concern about a rumor that there is another name for the senior center. Mayor Wray stated that the mystery name will be revealed tomorrow at 2 p.m., at the ribbon cutting ceremony.Mr. Belanich responded by saying that ''when there is a mystery, it means 2 or 3 people are in charge and that is how it is done in a Communist country". Discussion ensued. �The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, October 26, 2010, in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Deputy Mayor Thomas Capossela David Schroedel Barbara Carr Bruce Campbel Karin Wompa Evelyn Stupel, Trustees Also Present: Anthony P. Giaccio, Village Administrator Paula A. McCarthy, Village Clerk Sara A. DiGiacomo, Village Treasurer Janet Gandolfo, Village Counsel Richard Gross, Village General Foreman Sean E. McCarthy, Village Building Inspector John Kapica, Police Chief At 7:03pm, the Mayor called the meeting to order with a pledge to the flag. Mayor's Announcements: Mayor Wray introduced the River Town Runners for a brief presentation of last Saturday's lOK. Kristen Idalski and Todd Ruppel thanked and the Village for supporting and allowing them to do the lOK for the first time, which she described as a home run. The event brought more than 250 runners over the finish line, including many runners from out of state. Mayor Wray thanked Ms. Idalski and Mr. Ruppel, and stated he wants to continue to work together again In the future. Discussion ensued amongst Trustees. Trustee Campbell said it's a great way to introduce people to a quality event in the Village. Approval of Minutes: Trustee Carr moved, seconded by Trustee Schroedel to approve the minutes of 7/13/2010; 9/14/2010; 9/21/2010. It was unanimous. Approval of Warrants: Trustee Campbell moved, seconded by Trustee Carr to approve the warrant of $372,932.71. It was unanimous. �Mayor announcements; Mayor introduced Cathy Lopane- Chulla of the Tarrytown Teachers' Association and school psychologist Dr. Ivette Lebenberg, who presented a check for $4,456.50 to the Board for the Halloween Hayride and thanked the village for allowing the students to enjoy the attractions at a discount. Mayor Wray thanked everyone who participated. Mayor Wray announced the opening of the new center for the seniors will be tomorrow, October 11, 2010 at 2pm. There will be a ribbon cutting ceremony. Mayor stated that Sean McCarthy designed a beautiful building, and that the seniors have been looking forward to this event. Public Comments: Mayor Wray opened Public Comments and evoked the 5 minute rule: Mr. Don Cateano of Lawrence Avenue addressed the Mayor and the Board of Trustees and donated $150.00 for refreshments for the ribbon cutting; he also asked to have a hand rail Installed in front of Police headquarters. Mickey McHale Taylor of Bellwood Avenue addressed the Mayor and the Board of Trustees and stated that she recently moved and is very upset about the Horseman's Hollow event taking place at the Philipsburg Manor Restoration. She said it is too close to her home and has caused a major inconvenience to her and her young children. Mrs. McHale Taylor explained that the Halloween attractions are visible from her windows and it is inappropriate, irresponsible, invasive and disruptive to her home, and that her children are scared. She continued to say that she needed to cover the windows on two sides of her home and buy sound machines to guard her children from unsightly views and of grotesque sights and unpleasant sounds from across the street. Mrs. McHale Taylor stated she does not want that in her backyard, and she hopes that this will be considered for next year. She suggested that the event be relocated to a more remote portion of Philips Manor. Mayor Wray stated that this will be reviewed for next year's events and that her input was very valuable. Discussion ensued. Mr. Giaccio stated that he would speak to Mr. Tom Thacker will try to put up more fencing and move the sound towards the river. Brian Doyle, of JP Doyle's Restaurant, addressed the Mayor and the Board of Trustees and thanked the Board for allowing the Village to host recent events that brought customers to his establishment; he stated he is proud to be from Sleepy Hollow. Mario Belanich, of North Washington St., addressed the Mayor and the Board of Trustees and expressed concern about a rumor that there is another name for the senior center. Mayor Wray stated that the mystery name will be revealed tomorrow at 2 p.m., at the ribbon cutting ceremony.Mr. Belanich responded by saying that "when there is a mystery, it means 2 or 3 people are in charge and that is how it is done in a Communist country". Discussion ensued. �Mr. Caetano, of Lawrence Avenue, addressed the Mayor and the Board and responded to Mrs. McHale-Taylor's concerns and stated that al! events in the village should be preapproved by Mr. McCarthy. Patty O'Loughlin of 37 Lawrence Avenue, addressed the Mayor and the Board of Trustees and complained about the sidewalks on Valley St. and said her friend Rita, who is blind fell, and there are a lot of lips on the sidewalk and it should be addressed. Mayor asked Mr. Gross to look into It and get it fixed. Trustee Reports; Trustee Schroedel - Reported that the Public Safety Committee met with Fire Chief Korzelius and Chris Scelza to discuss the purchase of new fire trucks and asked for a long-term set of proposals. He also mentioned that plans are in place for Halloween night and asked for all residents to voluntary stop serving candy to trick-or- treaters at 8:30 pm. The Environmental Advisory Committee elected Jennifer Lobato to Chair, and praised Police Chief Kapica for getting this committee off the ground. Trustee Carr - Reported that Douglas Park Playground is complete and fully equipped with a toddler-appropriate playground and one for kid's age's six to nine. She also reported that the senior committee has met three times to review kitchen supplies and furniture for the center. Trustee Campbell - Reported that last week's work session, held in the new Senior Center, was an ongoing initiative of the Village to spend more time in the community. Trustee Campbell also announced the Block Party and Haunted Hayride scheduled for both Friday and Saturday this week, he thanked everyone for their help in organizing these events. Deputy Mayor Capossela - Reported that the DPW committee discussed purchasing new vehicles and future staffing. Last weekend, he spoke with several merchants who are thrilled about the benefits of all the Halloween activities in the Village. Deputy Mayor Capossela also announced that Consolidate Engine Company of Tarrytown, is hosting a fundraiser dinner at the Double Tree for the children of Anthony Ruggierio and John Kelly, on November 12, 2010. He also announced that on Tuesday, is Election Day holiday, and there will be no garbage pickup. Trustee Wompa - Reported that Morse School is having a Halloween Carnival for the younger children from 3-5pm. Also, there will be an Administration Committee meeting, to interview a payroll clerk. Trustee Stupel- Reported 111 violations from the building Department, which 37 involved illegal occupancy, 18 involved illegal dwelling units. The cases on the calendar for this Thursday Include mostly illegal occupancies. Trustee Stupel also reported that the building dept will be issuing maintenance violations in the next couple of weeks. Administrator's Report: Mr. Giaccio unveiled new plans for renovations of DeVries Park. He mentioned that the county is designing it, and that there is $250,000. 00 in Community �Development Block Grants funds for this project. Suzette Lopane, from Westchester County Planning Dept, submitted a preliminary draft for the playground; it reconfigures the parking lot for safety and created more sidewalk area to make It safer. It also recommends a natural barrier to block view of the train tracks. Mr. Giaccio stated that he would hope to have a new park by the springtime. There wilLbe a public session in the near future for resident's to voice their opinions and concerns. Mr. Giaccio also.announced that he Halloween Block party will shut down traffic on Beekman Avenue at 3:30pm on Friday and Saturday. He asked that all residents come to the party and the hayride. Resolutions: see attached Old Business; Deputy Mayor Capossela said a village resident complained there was no signage downtown for the recent marathon, and that he couldn't get into his house. Deputy Mayor Capossela also stated that it was a long race and a lot of overtime was endured by the Police Department and Public Works. Discussion ensued. Communications: The Village Clerk, Paula McCarthy announced that the County's Mobile Passport Unit would be coming to the Village's Municipal parking Lot on November between 3-7pm. Applicants must bring proof of citizenship and photo identification. Also, Ms. McCarthy announced that as of January 2011, the NY State Department of Agriculture and Market will no longer issue dog licenses and that the Village will have the option to pass the responsibility to the Town of Mt. Pleasant. Residents will be able to renew by mail after the first initial renewal with the town. Public Comments: Mayor opened the Public Hearing for comments and evoked the 5 minute rule. Brian Doyle of JP Doyles Restaurant located on Beekman Avenue, addressed the Mayor and the Board, and said thank you for all the festivities taking place in the Village. He thanked Mr. Giaccio as well. Mayor Wray stated that the school staff raised and donated over $4500.00 towards the hayride. Mario Belanich of North Washington St. addressed the Mayor and the Board and asked about monies for the season at Kingsland Point Park. Mayor responded that the Village lost money compared to what it costs to keep up the park's maintenance. No further comments were made. �At 8:35 pnri on a motion by Trustee Carr, seconded by Trustee Campbell the meeting was adjourned. Respectfully submitted, Paula A. McCarthy Village Clerk � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-10-26 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/c44ccc931b492fa59912c34cda580d2b.pdf 996681cf56ff3affe20a9e5e14626be5 PDF Text Text Meeting Date; Resolution #: 10/19/2010 10/154/2010 Whereas, the Board of Trustees is desirous of engaging counsel to provide legal advice and counsel to the Board as it sits or acts as Police Commissioners on the disciplinary hearing of Police Detective Jose Quinoy; Now, Therefore Be 11 Resolved the Board of Trustees hereby authorizes the Mayor to execute the attached retainer agreement hiring Clinton Smith, Esq. for this purpose. Moved: Trustee Schroedel Seconded: Trustee Campbell Vote: 6-0 �WORMSER, KlELY, GALEF £e J A C O B S LLP 3 9 9 GLENN M.AZZINAR! CHARLES Q. 8AN1NO EUQENE J, CALLAHAN THOMAS L.FUEKTH HARLAN T.GREENMAN KEVIN M.HIRSON ROBERT F.JACOBS MICHAEL T. KELLY MICHAEL W.MACKAY WILUAM J. MAC KNIGHT, JR. APPEN MENON JOHN T, MORIN KEITH M.PINTER DANIEL POZtN WIIJUAM a SCHREIBER CLINTON B. SMITH IRARSTECHEL SUSANNE NIENABER VON TORK ANMtEJ.WANG WAYNE LWAftNKEN DONALD JAY WOLPSON LESTER D. STEINMAN OF COUNSEL KNOLLWOOD R O A D WHITE PLAINS, N Y OL*) I0603-I93J 997-0900 FACSIMILE ( 9 I 4 > 9 9 7 - 1 0 3 9 www.wkgj.com October 18,2010 STUART £, BERELSON PATRICIA A. CODY ANDREW R.LERNER ALANM.WARSHAUER LYNNE.WEINIG COUNSEL ELIZABETH L CHAMULAK ANNA L GEORGIOU STEFi N.KAPLAN BARBARA J. KWON MICHAEL MANDEl JENNIFER L. MARLBOROUGH CRISTINAL. MENQ GAYLE S. OSHRIN KAREN L WAGNER JOSEPH M.YOO NEW YORK OFFICE 825 THIRD AVENUE NEW YORK, MY 10022-7519 (212) €87-4600 FAX: (212) 687-5703 Janet Gandolfo, Esq. Village Attorney Village of Sleepy Hollow 2nd Floor 28 Beekman Avenue Sleepy Hollow, New York 10591 Re: Village of Sleepy Hollow; Board of Trustees; Police Disciplinary Hearing; Legal Services Dear Ms. Gandolfo: I am writing as we discussed last Friday to set forth our proposal and terms of engagement to provide legal advice and counsel to the Village of Sleepy Hollow Board of Trustees as it sits as the Board of Trustees or acts as Police Commissioners on the disciplinary hearing of Police Detective Jose Quinoy under, I presume, the Westchester County Village Police Act (N.Y. Unconsolidated Laws §57U-q). In this engagement we would sit with the Board at each hearing session, advise the Board of issues and potential issues as they arise, meet separately with the Board a$ the Board may request, and research and report to the Board on such issues as the Board may request Our engagement will not include any preparation or presentation of the disciplinary charges against Detective Quinoy or any representation of the Village in litigation, but of course we would consider representation of the Village on equivalent terms in any challenge to a Board decision under New York Civil Practice Law & Rules Article 78. We will charge for our services on an hourly basis using our standard hourly rates but allowing a 10% discount to the Village as a municipal client. Billing rates in our White Plains office currently range, without discount, from $340.00 to $400.00 for partners, from $245.00 to $400.00 for associates and counsel, and $90.00 for legal assistants. Partners and counsel hourly billing rates typically change each January 1, and associates and legal assistants hourly billing rates typically change' each July 1. �WORMSER, KlELY, GALEF & JACOBS LLP Page 2 I will be the attorney in charge of this engagement, and my current billing rate is $400.00, or $360.00 to the Village after applying the discount. I will attend all of the hearing sessions and meetings with the Board unless a scheduling conflict is unavoidable and the Village agrees to substitution of another attorney, but I expect to call cm other attorneys to assist in researching issues, drafting papers, and the like when those other attorneys can do so efficiently and effectively and particularly when they can do so at a lower billing rate. We will bill the Village monthly for services rendered and expenses incurred. The Village may have a right to arbitration in case of any fee dispute under Part 137 of the Rules of the Chief Administrator of the Courts, and we will provide you with a copy of those rules upon request. Our engagement will begin once the Village either signs and returns a copy of this letter or adopts a Resolution for our engagement. Thereafter, either the Village or we may terminate our engagement at any time with or without cause, but any termination by us would be subject to Rules of Professional Conduct. Please do not hesitate to contact me if the Board or you have any question or concern or need anything further at this time. We appreciate the opportunity to work with the Village. Very truly yours, CBS/lo F:\SLEEPY HOLLOW DISCIPLINARY HEARING\LTROOl.DOC The foregoing is agreed to this day of October, 2010 VILLAGE OF SLEEPY HOLLOW By: cc: p Charles G. Banino, Esq. New Business Committee Wormser, Kiely, Galef & Jacobs, LLP � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-10-19 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/f219a1de971adb4ce94e86558bcec360.pdf 5b7c854f8323208f29cecc95fd3e8716 PDF Text Text Minutes of the Board of Trustees Village of Sleepy Hollow A work session of the Board of Trustees of the Village of Sleepy Hollow was held on Tuesday, October 19, 2010 starting at 7:00 P.M. at the Senior Citizen Center, 55 Elm Street, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Thomas Capossela David L. Schroedel Karin T. Wompa Barbara J. Carr Bruce R. Campbell Evelyn R. Stupel Trustees Also Present: Anthony Giaccio, Village Administrator Janet Gandolfo, Village Attorney Sean McCarthy, Village Architect Rich Gross, General Foreman Sara DiGiacomo, Village Treasurer Mayor Wray called the work session to order at 7:00 p.m. CAPITAL PROJECTS - The Board continued its discussion about various capital projects. The Village Board will need to pass a bond resolution in order to fund these projects. MUNI-METERS - The Board discussed replacing some of the parking meters with Muni Meters. Specifically, the Board is interested in installing Muni-Meters at the Beekman Avenue and Elm Street municipal parking lots. The estimated cost for one Muni-Meter is between $12,000 and $15,000. PUBLIC COMMENTS Charlie Annichario requested a "Children at Play" sign at Kendal Way. Mario Belanich Commented on speeding on Kendal Way and the Muni-Meters. DOG LICENSES - Mr. Giaccio informed the Board that New York State will no longer be issuing dog licenses. The Village can either take on this responsibility or defer to the Town of Mt. Pleasant. The estimated cost for the Village to handle dog licenses is $2,500. There are about 40 dog licenses issued each year for Sleepy Hollow residents. �SPECIAL SESSION At 7:50, on a motion made by Trustee Campbell and seconded by Trustee Wompa and carried unanimously the Board moved into special session. Mayor Wray appointed Glen Rosenbloom to the Planning Board and Michael Wernick to the Zoning Board Motion was by Trustee Campbell and seconded by Trustee Carr to confirm the Mayor's appointments. Motion carried 6-0. At 7:55, on a motion made by Trustee Schroedel and seconded by Trustee Campbell and carried unanimously the Board moved out of special session. EXECUTIVE SESSION At 8:00, on a motion made by Trustee Wompa and seconded by Trustee Schroedel and carried unanimously the Board moved into executive session to discuss legal and personnel matters. At 8:10, on a motion made by Trustee Schroedel and seconded by Trustee Campbell and carried unanimously the Board moved out of executive session. SPECIAL SESSION At 8.11, on a motion made by Trustee Carr and seconded by Trustee Campbell and carried unanimously the Board moved into special session. Motion was by Trustee Schroedel and seconded by Trustee Campbell to authorize the Mayor to execute a retainer agreement with Clinton Smith, Esq. Motion carried 6-0. At 8; 14, on a motion made by Trustee Carr and seconded by Trustee Campbell and carried unanimously the Board moved out of special session. At 8:15 p.m. the meeting was adjourned. Respectfully submitted, Village Administrator � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-10-19(2) Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/ec21aaa1c495be40fe8fcdf72284068d.pdf c81c485f99266d5cfb1ae781cf95d400 PDF Text Text Resolution of the Board of Trustees of the Village of Sleepy Hollow Accepting Retirement Resignation of Kunj B. Panwar (Nick) WHEREAS, Department of Finance, Bookkeeper, Kunj B. Panwar (Nick), by the attached letter dated October 8, 2010 submitted his resignation retirement notice from the Village of Sleepy Hollow. WHEREAS, said retirement resignation must be formally accepted by the Village of Sleepy Hollow Board of Trustees, and WHEREAS, the Village, by resolution number 07/138/03 dated July 15, 2003, adopted a policy for employee termination and rehire, and NOW, THEREFORE, BE IT RESOLVED, that the Village Board accepts the retirement resignation of Kunj B. Panwar (Nick) dated October 8, 2010 and effective October 30, 2010, and finds that the termination/rehire policy of July 15, 2003 applies, and BE IT FURTHER RESOLVED, that a copy of the policy be forwarded to Kunj B. Panwar (Nick) and a copy be placed in his personnel record with proof of service. Moved: Trustee Capossela Seconded: Trustee Wompa Vote: 6-0 �10/8/2010 From: Kun] B. Panwar ( Nick ) 1 River Piaza, Apt. # 5 B Tarry town, NY 10591 To: The Administrator, Village of Sleepy Hollow 28 Beekman Ave. Sleepy Hollow, NY 10591 Administrator Giaccio, This letter is being sent to officially notify you of my retirement effective October 30, 2010.1 will be retiring under the New York State Incentive Retirement plan. M y last day working with the Village of Sleepy Hollow will be October 29, 2010. I would like to convey my sincere thanks to all my coSSeagues over the past 12 years. It has been a real pleasure working for the Village of Sleepy Hollow. Sincerely, KurfilCpanwar (Nick) CC: Honorable Mayor Wray Board of Trustees Village Clerk Village Treasurer �Resolution of the Board of Trustees of the Village of Sleepy Hollow Accepting Retirement Resignation of Manuel Correfa WHEREAS, Department of Public Works, Mechanic, Manuel Correia, by the attached letter dated September 29, 2010, submitted his resignation retirement notice from the Village of Sleepy Hollow, WHEREAS, said retirement resignation must be formally accepted by the Village of Sleepy Hollow Board of Trustees, and WHEREAS, the Village, by resolution number 07/138/03 dated July 15, 2003, adopted a policy for employee termination and rehire, and NOW, THEREFORE, BE IT RESOLVED, that the Village Board accepts the retirement resignation of Manuel Correia dated September 29, 2010 and effective October 27, 2010, and finds that the termination/rehire policy of July 15, 2003 applies, and BE IT FURTHER RESOLVED, that a copy of the policy be forwarded to Manuel Correia and a copy be placed in his personnel record with proof of service. Moved: Trustee Campbell Seconded: Trustee Stupel Vote: 6-0 �Manuel Correia 221 Westchester Avenue Buchanan, NY 10511 (914) 736-2059 0 c r 0 ? im September 29, 2010 Administrator Anthony Giaccio Honorable Mayor Kenneth Wray and Village Board Village of Sleepy Hollow Sleepy Hollow, NY Dear Ladies & Gentlemen: Please be advised that I have decided to take the New York State Buyout Retirement Program. My last day of employment will be October 27, 2010. After 24 years of service, I would like to retire on good terms and I wish the best to each of you in the future. Thank you and all others before. Sincerely. �Meeting Date: Resolution: 10/12/2010 10/152/2010 Resolution of the Board of Trustees of the Village of Sleepy Hollow to Amend the Water Consumption Rates for the Billing Cycle to Commence November 1, 2010 BE IT RESOLVED that the Board of Trustees of the Village of Sleepy Hollow confirms that an amendment to the rates per cubic feet for water usage commencing November 1, 2010 shall be as follows: Cubic Feet 0-500 501-3,000 3,001-6,000 6,001-12,000 12,001 and over Moved: Trustee Wompa Per Thousand Cubic Feet $25,00 $45.00 $55.00 $72.00 $120.00 Seconded: Trustee Stupel Vote: 6-0 �Meeting Date: Resolution #: 10/12/2010 10/153/2010 Whereas, the Mayor and the Board of Trustees hereby terminates an employee in the teamsters bargaining unit. Moved: Trustee Capossela Seconded: Trustee Worn pa Vote: 6-0 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-10-12_RES Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/eaac3be4a78cc15f6255fd8099d13bd6.pdf a60e99e43a8ebe98ebebf335a5e0049d PDF Text Text The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, October 12, 2010, in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Deputy Mayor Thomas Capossela David Schroedel Barbara Carr Bruce Campbel Karin Wompa Evelyn Stupel, Trustees Also Present: Anthony P. Giaccio, Village Administrator Janet Gandolfo, Village Counsel Richard Gross, Village General Foreman Sean E. McCarthy, Village Building Inspector Paula A. McCarthy, Village Clerk John Kapica, Police Chief At 7:17 p.m. the Mayor called the meeting to order with a pledge to the flag. The Village Clerk read the announcement notice for the Water Rates Increase Public Hearing. Mayor opened the Public Hearing meeting to the public. There were no comments. Trustee Schroedel moved, seconded by Trustee Campbell to close the public Hearing. It was unanimous. Approval of Minutes: Trustee Wompa moved, seconded by Trustee Carr to approve the Minutes of 10/27/2009; 12/08/2009; 6/08/2010; 8/10/2010; 8/24/2010; 9/7/2010. It was unanimous. Approval of Warrants: Trustee Campbell moved, seconded by Trustee Schroedel to approve the Warrant of $321,867.84. It was unanimous. Public Comments: 5 minute rule: Mayor opened the meeting to Public Comments and evoked the Arthur Fisher, of 124 Valley Street, addressed the Mayor and the Board and explained that he is concerned about the water in his apartment because it leaves a green residue in his sink and he is concerned if the water if not potable and who is responsible for giving him this information. He is involved in a dispute with his landlord over this. He wants to know how �the water system is installed, if water in the kitchen is drinkable and wants to know if this building code this is acceptable. Mayor directed Mr. Fisher to speak to Mr. Gross about his water concerns. Diane Fiorito, of Gordon Avenue, addressed the Mayor and the Board wants to know why the Police k9 unit is not being used when there's vandalism in the Park. She is concerned about vandalism and drug use in Douglas Park. She also mentioned her concerned about people wrecking new things and drawing profanity in the park. Mayor Wray explained that some of the techniques used by Police cannot be publicized, and said that this matter is being addressed, and there will be more discussions about this with the rest of the Board. Don Cateano, of Lawrence Avenue addressed the Mayor and the Board and said he was asked and then set trees aside for the Village, but the trees were purchased elsewhere. He stated he is going to exonerate himself from the sale of anything to the Village. Trustee Wompa explained that they were looking for a different tree and apologized for the misunderstanding. Discussion ensued. Ken Torosian of 420 Bellwood Avenue, addressed the Mayor and the Board and complimented the work that was done in Douglas Park; he stated that it is a better Park. He complaint that there seem to be a disconnection between the Historic Hudson Valley and the Village regarding the events at Phillipsburg Manor for the Halloween Horsemen's Hollow event. He asked if the Village knew about i t . He said he is a big supporter of this event and hopefully this will go through, but that he is just someone with an opinion. Mayor responded and said he is articulate and an intelligent person with an opinion. Trustee Campbell explained that the first meeting did not have details and said they have spoken to HHV numerous times about this but this is a probate event. Trustee Schroedel stated that the Board as a whole was not aware of it until last month when at a work session members of HHV came and discussed the attraction in depth. Trustee Campbell stated that there were no issues and the proper committees were aware. A resident complained about the ramp and non-skid material at the new playground and expressed concern. Mr. Giaccio said the Village is aware of it and will repair it. Mayor asked that this be looked into first thing tomorrow morning. Trustee Reports: Trustee Schroedel reported that the Public Safety reviewed capital funding and made recommendations to the Board. He recommended 100% of this funding for the upcoming capital projects, with the Finance Committee's approval. �Trustee Carr reported that the senior citizens committee met regarding the furnishings for the Senior Center. Trustee Carr also reported that the Environmental Advisory Council was putting together plans and information to educate the Village about the storm water management, and she stated that the Environmental Advisory Committee participated in the October clean up in the Village. Trustee Campbell invited everyone to attend the next Work Session at the new senior center on 10/19/2010. Halloween is coming and plans are moving forward. The sponsorship is up to $23,000.00 and a lot of activities are going on. For more details check out our website for all Halloween events, and to purchase tickets as well. Deputy Mayor Capossela Reminded everyone that this week garbage pick up is on a holiday schedule. He asked that residents do not mix branches with leaves. He also announced that all water has been closed on all the parks and Barnhart Park bathrooms will close Nov 2010. Trustee Wompa reported that the Administration Committee met to discuss staffing. There has been a discussion of space renovation in Village Hall. The Downtown Revitalization had the official opening of the Morse Playground on 9/25/2010, and the new community garden. The Village is waiting for reimbursement to come back for the grant and Tarrytown donated a bench. She mentioned that on the 29'^ there will be a Block party on Beekman and there will be a 2:30 p.m. parade for younger kids at the Morse school, where kids can can trick or treat to the merchants. Trustee Stupel had nothing to report Administrator's report: Mr. Giaccio reported that a confined space training awareness class was held for all Department of Public Works employees. The Village will be hosting a more comprehensive confined space training class on November 4, sponsored by the Village's insurance company. Four employees have taken advantage of New York State's Early Retirement Incentive Program and will be retiring at the end of this month. Mr. Giaccio read a list of all of the hayride sponsors and thanked them for their contribution. Resolutions: See attached New Business: Discussion ensued with traffic issues on Rt 9 and Old Broadway after a recent accident. Chief Kapica explained what caused this accident; he made some suggestions and said he would reach out to NY State to will look into this matter. Trustee Campbell stated that Rt. 448 has a blind turn before the high school and it's dangerous. Trustee Stupel is concerned about cars coming out of the cemetery making Left turns. Discussion ensued. �Public Comments: Mayor opened the meeting to Public Comments and evoked the 5 minute rule. There were no further comments at this time. At 8:40pm on motion by Trustee Schroedel Seconded by Trustee Campbell the meeting was adjourned. Respectfully submitted, Paula A. McCarthy Village Clerk �Resolution of the Board of Trustees of the Village of Sleepy Hollow Accepting Retirement Resignation of Kunj B. Panwar (Nick) WHEREAS, Department of Finance, Bookkeeper, Kunj B. Panwar (Nick), by the attached letter dated October 8, 2010 submitted his resignation retirement notice from the Village of Sleepy Hollow. WHEREAS, said retirement resignation must be formally accepted by the Village of Sleepy Hollow Board of Trustees, and WHEREAS, the Village, by resolution number 07/138/03 dated July 15, 2003, adopted a policy for employee termination and rehire, and NOW, THEREFORE, BE IT RESOLVED, that the Village Board accepts the retirement resignation of Kunj B. Panwar (Nick) dated October 8, 2010 and effective October 30, 2010, and finds that the termination/rehire policy of July 15, 2003 applies, and BE IT FURTHER RESOLVED, that a copy of the policy be forwarded to Kunj B. Panwar (Nick) and a copy be placed in his personnel record with proof of service. Moved: Trustee Capossela Seconded: Trustee Wompa Vote: 6-0 �10/8/2010 From: Kunj B. Panwar ( Nick ) 1 River Plaza, Apt. # 5 B Tarrytown, NY 10591 To: The Administrator, Village of Sleepy Hollow 28 Beekman Ave. Sleepy Hollow, NY 10591 Administrator Giaccio, This letter is being sent to officially notify you of my retirement effective October 30, 2010. I will be retiring under the New York State Incentive Retirement plan. My last day working with the Village of Sleepy Hollow will be October 29, 2010. I would like to convey my sincere thanks to all my colleagues over the past 12 years. It has been a real pleasure working for the Village of Sleepy Hollow. Sincerely, kn Kun7"6rPanwar (Nick) CC: Honorable Mayor Wray Board of Trustees Village Clerk Village Treasurer �Resolution of the Board of Trustees of the Village of Sleepy Hollow Accepting Retirement Resignation of Manuel Correia WHEREAS, Department of Public Works, Mechanic, Manuel Correia, by the attached letter dated September 29, 2010, submitted his resignation retirement notice from the Village of Sleepy Hollow. WHEREAS, said retirement resignation must be formally accepted by the Village of Sleepy Hollow Board of Trustees, and WHEREAS, the Village, by resolution number 07/138/03 dated July 15, 2003, adopted a policy for employee termination and rehire, and NOW, THEREFORE, BE IT RESOLVED, that the Village Board accepts the retirement resignation of Manuel Correia dated September 29, 2010 and effective October 27, 2010, and finds that the termination/rehire policy of July 15, 2003 applies, and BE IT FURTHER RESOLVED, that a copy of the policy be forwarded to Manuel Correia and a copy be placed in his personnel record with proof of service. Moved: Trustee Campbell Seconded: Trustee Stupel Vote: 6-0 �Manuel Correia 221 Westchester Avenue Buchanan, NY 10511 (914) 736-2059 1. fj'^r- September 29, 2010 Administrator Anthony Giaccio Honorable Mayor Kenneth Wray and Village Board Village of Sleepy Hollow Sleepy Hollow, NY Dear Ladies & Gentlemen: Please be advised that I have decided to take the New York State Buyout Retirement Program. My last day of employment will be October 27, 2010. After 24 years of service, I would like to retire on good terms and I wish the best to each of you in the future. Thank you and all others before. Sincerely, Manuel Correia �BE IT RESOLVED that the Mayor and Board of Trustees of the Village of Sleepy Hollow approves the action of the Fire Chief in electing Melissa Smutek to active membership in Fire Patrol Co. No. 1. BE IT FURTHER RESOLVED that the Board of Trustees directs the Village Clerk to notify the Fire Chief in writing of this resolution. Moved: Trustee Schroedel Second: Trustee Campbell Vote: 6-0 �Resolution of the Board of Trustees of the Village of Sleepy Hollow to Amend the Water Consumption Rates for the Billing Cycle to Commence November 1, 2010 BE IT RESOLVED that the Board of Trustees of the Village of Sleepy Hollow confirms that an amendment to the rates per cubic feet for water usage commencing November 1, 2010 shall be as follows: Cubic Feet 0-500 501-3,000 3,001-6,000 6,001-12,000 12,001 and over Moved: Trustee Wompa Per Thousand Cubic Feet $25.00 $45.00 $55.00 $72.00 $120.00 Seconded: Trustee Stupel Vote: 6-0 �Whereas, the Mayor and the Board of Trustees hereby terminates an employee in the teamsters bargaining unit. Moved: Trustee Capossela Seconded: Trustee Wompa Vote: 6-0 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-10-12 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/a1c027794f098338917fd28bb5c3ae0a.pdf 6f213f6576a6c72d7d5fd7d2582fde53 PDF Text Text Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow to approve hiring Recreation Assistants for the After School Program WHEREAS, Recreation Supervisor, Robin Pell has submitted a written request to the Village Administrator recommending the hiring of two part-time recreation assistants to work the after school program, and WHEREAS, Mrs, Pell has recommended hiring Lauren Downing of Sleepy Hollow, NY and Robert Pell III of Montrose, NY for this position at a rate of pay of $12.00/Hour. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Board of Trustees of the Village of Sleepy Hollow approve the hiring of Lauren Downing and Robert Pell III to the position of recreation assistant for the after-school program at the rate of pay of $12.00/per hour. Moved: Trustee Campbell Seconded: Trustee Wompa Carried: 6-0 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-10-05 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/18a3282d57b60273f3be4275e0724710.pdf a6eee9d81527c434e1fa0309dacf5e41 PDF Text Text Minutes of the Board of Trustees Village of Sleepy Hollow A work session of the Board of Trustees of the Village of Sleepy Hollow was held on Tuesday, October 5, 2010 starting at 7:00 P.M. in the boardroom at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present; Mayor Kenneth G. Wray Thomas Capossela David L. Schioedel Karin T. Wompa Barbara J, Carr Bruce R. Campbell Evelyn R. Stupel Trustees Also Present: Anthony Giaccio, Village Administrator Janet Gandolfo, Village Attorney Sean McCarthy, Village Architect Rich Gross, General Foreman Sara DiGiacomo, Village Treasurer Mayor Wray called the work session to order at 7:00 p.m. CAPITAL PROJECTS - Mr. Giaccio outlined the capital budget process. Department Heads submit their requests for capital projects in February. The various Committees review the requests and make recommendations. The Board ultimately decides whether or not to fund these projects by passing a bond resolution. Ms. DiGiacomo gave a summary of the recommended projects for 2010/2011 (Attached). The total cost for these projects is $875,000. WATER RATES- The Board discussed the proposed increases to the water rates (Attached). Mayor Wray explained that the proposed water rate increases were in response to New York City increasing its water rates by 44% over the past 3 years. The Village's proposed increase is approximately 5%. MAYOR'S ANNOUNCEMENTS - Mayor Wray announced that Village offices will be closed for Columbus Day. EXECUTIVE SESSION At 7:40, on a motion made by Trustee Campbell and seconded by Trustee Carr and carried unanimously the Board moved into executive session to discuss personnel matters. �At 7:50, on a motion made by Trustee Schroedel and seconded by Trustee Wompa and carried unanimously the Board moved out of executive session. SPECIAL SESSION At 7:51, on a motion made by Trustee Schroedel and seconded by Trustee Carr and carried unanimously the Board moved into special session. Motion was made by Trustee Campbell and seconded by Trustee Wompa to appoint Laura Downing and Rob Pell III to the position of after-school attendant at a rate of $12.00 per hour. Motion carried 6-0. At 7:59, on a motion made by Trustee Campbell and seconded by Trustee Schroedel and carried unanimously the Board moved out of special session. At 8:00 p.m. the meeting was adjourned. 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Q> * CU GO CC iA 3 U -C M ro § E E E O \p OS TO i/) CU +-» ro CC �Meeting Date: Resolution #: 10/05/2010 10/148/2010 Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow to approve hiring Recreation Assistants for the After School Program WHEREAS, Recreation Supervisor, Robin Pell has submitted a written request to the Village Administrator recommending the hiring of two part-time recreation assistants to work the after school program, and WHEREAS, Mrs. Pell has recommended hiring Lauren Downing of Sleepy Hollow, NY and Robert Pell III of Montrose, NY for this position at a rate of pay of $12.00/Hour. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Board of Trustees of the Village of Sleepy Hollow approve the hiring of Lauren Downing and Robert Pell III to the position of recreation assistant for the after-school program at the rate of pay of $12.00/per hour. Moved: Trustee Campbell Seconded: Trustee Wompa Carried: 6-0 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-10-05(2) Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/8e27216cdefd68e5af07ef19befaab0b.pdf 9f81bc63076ffc6c527d13efd7990849 PDF Text Text Resolution of the Board of Trustees of the Village of Sleepy Hollow Accepting Retirement Resignation of Floyd Rhein WHEREAS, Department of Public Works, Highway Foreman, Floyd Rhein, by the attached letter dated September 17, 2010, submitted his resignation retirement notice from the Village of Sleepy Hollow. WHEREAS, said retirement resignation must be formally accepted by the Village of Sleepy Hollow Board of Trustees, and WHEREAS, the Village, by resolution number 07/138/03 dated July 15, 2003, adopted a policy for employee termination and rehire, and NOW, THEREFORE, BE IT RESOLVED, that the Village Board accepts the retirement resignation of Floyd Rhein dated September 17, 2010 and effective October 29, 2010, and finds that the termination/rehire policy of July 15, 2003 applies, and BE IT FURTHER RESOLVED, that a copy of the policy be forwarded to Floyd Rhein and a copy be placed in his personnel record with proof of service. Moved: Trustee Capossela Seconded: Trustee Stupe! Absent: Trustee Worn pa, Trustee Carr Vote: 4-0 �SEP 2N I M ^ ^ N VILLAGE C L E R K Floyd Rhein 1 Keita Drive Pomona NY 10970 Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow HY 10591 September 17. 2010 Dear Mr. Gross, Please accept this letter as notification of ay intended retirement as Highway Foreman from the Village of Sleepy Hollow, effective October 29, 2010. I would like to thank you for your guidance and support over the years, and thank you too to the numerous Mayors and Boards of Trustees for giving m the opportunity to serve the Village. I wish all staff members and all officials much success in the future and a fond farewell. } Floyd Rhein Cc: Mayor and Board of Trustees Village Clerk Village Administrator �Resolution of the Board of Trustees of the Village of Sleepy Hollow Accepting Retirement Resignation of Kim Berry WHEREAS, Department of Public Works, Mechanic, Kim Berry, by the attached letter dated September 17, 2010, submitted his resignation retirement notice from the Village of Sleepy Hollow. WHEREAS, said retirement resignation must be formally accepted by the Village of Sleepy Hollow Board of Trustees, and WHEREAS, the Village, by resolution number 07/138/03 dated July 15, 2003, adopted a policy for employee termination and rehire, and NOW, THEREFORE, BE IT RESOLVED, that the Village Board accepts the retirement resignation of Kim Berry dated September 17, 2010 and effective October 29, 2010, and finds that the termination/rehire policy of July 15, 2003 applies, and BE IT FURTHER RESOLVED, that a copy of the policy be forwarded to Kim Berry and a copy be placed in his personnel record with proof of service. Moved: Trustee Campbell Seconded: Trustee Schroedel Absent: Trustee Wompa, Trustee Carr Vote: 4-0 �ftt-HMcL Kim Berry PO Box 134 Tarrytown NY 10591 Richard Gross, General Foreman Village of Sleepy Hoiiow 28 Beekman Avenue Sleepy Hollow NY 10591 September 17, 2010 Dear Mr. Gross, I would like to inform you that I will be retiring from my employment with the Village of Sleepy Hollow, Department of Public Works, effective October 29, 2010. Piease a c c e p t my sincere thanks for allowing me the opportunity to work for the Village throughout the many years. i wish you a n d your staff, the Mayor and the Board of Trustees continued success in the future. Respectfully, Cc: Mayor Board of Trustees �Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow Approving the Actions of the Board of Fire Wardens BE IT RESOLVED that the Mayor and Board of Trustees of the Village of Sleepy Hollow approves the actions of the Board of Fire Wardens in electing Dionel Infante to the Firefighter Trainee Program & Joel Sosa to active membership in Union Hose Engine Co. No. 2. BE IT FURTHER RESOLVED that the Board of Trustees directs the Village Clerk to notify the Board of Fire Wardens in writing of this resolution. Moved: Trustee Schroedel Second: Trustee Campbell Absent: Trustee Wompa, Trustee Carr Vote: 4-0 �Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow Approving the Action of the Ambulance Chief BE IT RESOLVED that the Mayor and Board of Trustees of the Village of Sleepy Hollow approves the action of the Ambulance Chief in electing Edwin Garcia to driver of the Sleepy Hollow Ambulance Corps, subject to review of driving record and report back to the Board of Trustees on driving record. BE IT FURTHER RESOLVED that the Board of Trustees directs the Village Clerk to notify the Ambulance Chief in writing of this resolution. Moved: Trustee Stupel Seconded: Trustee Capossela Vote: 4-0 As amended: "subject to review of driving record and report back to the Board of Trustees on driving record". Moved: Trustee Schroedel Seconded: Trustee Campbell Roll Call: Deputy Mayor Capossela, Trustee Campbell, Trustee Stupel, Trustee Schroedel - All Voted: Yes Absent: Trustee Worn pa, Trustee Carr �To: Mayor Ken Wray and Public Safety Committee From: James Hayes Chief Of E M S CC: Village Administer Date: September 22, 2010 Re: Driver approval Piease be advised that at an executive meeting the officer of the ambulance elected the following member to Driver of the Sleepy Hoilow Ambulance Corps. Edwin Garcia �Meeting Date: 09/28/2010 Resolution*: 09/143/2010 Be It Resolved that the Mayor and the Board of Trustees of the Village of Sleepy Hollow set the following dates for the haunted Hayride, October 29th and 30th, 2010. Moved: Trustee Campbell Seconded: Trustee Stupe! Absent: Trustee Wompa, Trustee Carr Vote: 4-0 �Meeting Date: 09/28/2010 Resolution #: 09/144/2010 Resolution of the Board of Trustees of the Village of Sleepy Hollow Approving a Request for a Block Party BE IT RESOLVED that the Mayor and the Board of Trustees of the Village of Sleepy Hollow approve a request made by Rose Mary Frycek from 146 Farrington Avenue, Sleepy Hollow, NY to hold an annual fall block party on Saturday, October, 2nd, 2010 from 4:00 p.m. to 10:00 pm. BE IT FURTHER RESOLVED that the Mayor and the Board of Trustees approve the closing of Farrington Avenue between Bel I wood Avenue and Munroe Avenue on Saturday, October 2nd, 2010 from 4:00 p.m. to 11:00 p.m. Moved: Trustee Capossela Seconded: Trustee Stupel As amended: "4:00 p.m. to 10 p.m." Absent: Trustee Worn pa, Trustee Carr Vote: 4-0 �Anthony Giaccio, Administrator Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, New York 10591 Dear Mr. Giaccio: This letter is requesting, from the village, permission for the families on Farrmgton Avenue to hold their annual fell blopk-party-Sattffday, October 2,2010 from the hours of four in the afternoon until elevesfln the e v e n i n g ^ This has been an annual event for the past six years. In the past years the village has provided road blocks to close off the street between Bellwood and Monroe Avenues where the party is held. We ask that the village provide them this year as well. I appreciate your attention to this matter. If you need any farther information from me I can be contacted by e-mail or my home or cell phones. They axe provided below. Thank you. Sleepy Hollow, New York r �Meeting Date: 09/28/2010 Resolution #: 09/145/2010 Resolution of the Board of Trustees of the Village of Sleepy Hollow Approving a Request for the Annual Ecuadorian Procession BE IT RESOLVED that the Mayor and the Board of Trustees of the Village of Sleepy Hollow approve a request made by Manuel Crespo of Sleepy Hollow, NY to hold an annual Ecuadorian Religious Procession on Saturday, September 25, 2010 from 6:00 p.m. to 7:00 pm. BE IT FURTHER RESOLVED that the Mayor and the Board of Trustees approve the closing of Beekman Avenue, Clinton Street, and Cortland Street, during this procession, on Saturday, September 25, 2010 from 6:00 p.m. to 7:00 p.m. Moved: Trustee Campbell Seconded: Trustee Stupel Vote: 4-0 �The Ecuadorian Cultural & Traditional Corp. Inc. To: Mayor Ken Wray, Trustees and Police Dept. d Us who are presently part ofthis organization; we are reaching our respectful greetings to you Mr. Mayor, trustees and all the authorities that make up the town of Sleepy Hollow. Dear: Mr. Mayor, like every year we Ecuadorians and the Cathoiic people in gerterai make a procession to our crucified creator by the name: Senor de Giron. Once again this year we beg for your support, this time we need to use the streets y Beekman Avenue, Clinton, Cortland and ending back at Beekman on Saturday © s t o k t 25tn, 2010 from 6:00 pm to 6: 50pm for the procession, time in which we solicit police safeguard if possible. We would like to Thank- you in advance for taking the time to read our petition and hope for your support; hereupon we wait for your response. Best Regards, H M ^ Q r Crtspo. Manuel Crespo Committee Rep. Coordinators �Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing the Mayor to Sign General Code Contract for Code Book Update Project WHEREAS, in 2003 the Board of Trustees commenced a project to update the Village Code; and WHEREAS, the Board of Trustees, through Public Improvement Serial Bond, Series 2007A, dated August 7, 2007, authorized the amount of $40,000 to be allocated for the purpose of updating the Village Code; and WHEREAS, approximately $32,943 is still available for the project and the Board of Trustees wishes to complete said project, NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees hereby authorizes the Mayor to execute the agreement with General Code to update the Village Code, subject to the contract's approval by counsel, Moved: Trustee Schroedel Seconded: Trustee Campbell Vote: 4-0 �CHANGE ORDER No. 1 Date: September 16, 2010 Client: Village of Sleepy Hollow, New York Contact: Mary Gerlanc Project: Codification Contract Date February 27, 2003 The contract is updated as follows: Descri 1 W^^^fSf'^^f^^S^ t $ •' S - ; Additional Leaislation Added to Proiect. Leaisiation adooted after oriainal contract cutoff date of December 31, 2002, to be incorporated into the Code: L.L Nos. 1-2003 through 9-2003 L.L. Nos. 1-2004 through 14-2004 L.L Nos. 1-2005 through 7-2005 L.L. Nos. 1 -2006 through 5-2006 L.L. Nos. 1-2007 through 4-2007 L.L. Nos. 1-2008 through 3-2008 L.L. Nos. 1-2009 through 9-2009 L.L. Nos. 1-2010 through 6-2010 Price $8,325 Table of Contents. General Code shall update and reoraanize the Table of Contents in order to provide room for the Code to grow with the inclusion of future subject matter. The Proposed Table of Contents shall be submitted to the Village for review and approval. Editorial Analysis and Draft Manuscript. General Code shall uodate the Code with leaislation from 2003 through 2007 and provide an Editorial Analysis and Draft Manuscript for the Village to review. 2 Editorial Analysis: The editor wiil do a thorough review and analysis of your legislation and provide specific recommendations and input for improvement. The Analysis will be compiled into a workbook, with an easy-to-use checklist format. The Editorial Analysis will include the following: • Identification of duplications, conflicts and inconsistencies between or within various sections of the Code • Identification of duplications, conflicts and inconsistencies with New York statutes • Any practical recommendations to make your legislation more enforceable • Suggestions regarding fines, fees and penalties • Suggestions on ways to modernize your legislation Draft Manuscript: A Draft Manuscript of the reorganized and updated Code wiil be prepared using the materials obtained from the Village. The Draft Manuscript organizes your legislation into a logical system, arranged alphabetically by subject matter into chapters. Amendments will be incorporated into the Manuscript, and repealed or superseded material will be noted. The Manuscript will show exactly the legislation currently in effect. Review: The Village will review the Editorial Analysis and make whatever changes it feels necessary. A review period is set forth in the Performance Schedule below and we stress the importance of staying within the allotted time period to avoid disruptions in the production process and delays in the delivery of the new Code. $6,592 �Remainder of 2003 Contract. The remainder due under the 2003 contract is 25% of the contract price and will include these final steps of the project: Editing: During the editing process we will: • Prepare a Table of Contents listing all chapters and articles included in the Code • Insert descriptive title headings for each chapter, article and section • Include historical notations indicating the source and date of adoption of each enactment • Include cross-references and Editor's Notes, as required • Edit the text to incorporate any revisions and additions previously approved in the Editorial Analysis phase • Copyread to correct typographical and spelling errors Index: General Code will prepare and publish a comprehensive Index for the Code, The Index is specifically designed to be easy to use, so that the information in the Code can be quickly located. eCode360® and Archive CD. General Code will prepare eCode360® and Archive CD, which is a virtually maintenance-free product containing the current and complete text of the Village's Code online. Hosted and maintained for your convenience by General Code, the Village will be abie to view and search the Code by just having access to the Internet. Access to your Code is as simple as adding a link to your website, or Genera! Code's website enabling users to click and review your Code at any time. $5,981 Publication and delivery of new Code volumes; The base price includes the publication of 5 Codes (2-volume sets). Each Code will also include a set of tab dividers for individual customization. Disposition List: Genera! Code will prepare a Disposition List, which sets forth in chronological order, the subject matter, date of adoption and disposition of each item of legislation reviewed with the project, and indicates its inclusion in or omission from the Code. The Disposition List is designed to assist you in locating not only legislation included in the Code, but also legislation that is not included. Code Adoption Legislation: We will prepare the proposed Code adoption local law and/or necessary information to establish the Code as an official document. This material will be furnished to the Village Attorney for review and enactment by the governing body, if the Code adoption legislation is enacted and returned to us within 90 days of submission, we will include this material in the Code free of charge. Once the Code is adopted, it can be amended directly to change, add.or delete material. Total to Complete Project (including remainder of original contract) $20,898 Additional Terms: A. The pricing in this Change Order shall be valid for 30 days. B. Any additional legislation adopted after L L . No. 6-2010 and included in the final publication shall be subject to additional charges. An estimate shall be provided upon request. C. Performance Schedule: (Reflects business days excluding legal holidays.) Submission of proposed Table of Contents for approval by Village: within 30 days of authorization of this Change Order; Village has 15 days to review. Submission of Editorial Analysis and Draft Manuscript for review by Village: within 180 days of approval of the Proposed Table of Contents; Village has 90 days to review. Delivery of Code volumes: within 120 days of approval of the Editorial Analysis. D. Payment Schedule: 10% of the total price above shall be invoiced upon submission of the proposed Table of Contents. 50% of the total price above shall be invoiced upon submission of the Editorial �Analysis and Draft Manuscript. 40% of the total price above shall be invoiced upon delivery of the Code volumes. E. Code Project Deliverables: 5 Codes (2-volume sets), premium eCode360® (online Code) and Archive CD. F. Electronic Product Annual Maintenance: The annual maintenance fee for eCode360® shaii be $1,195 and shall be due starting the second year forward (begins one year after Code delivery). G. Supplementation: Upon completion of the Code Project, the Codebook shall be supplemented on a schedule selected by the Village, and supplements shall be invoiced, on a time-and-materials basis, as they are completed. Accepted by: The above prices and specifications of the Change Order are hereby accepted. All work is to be performed under the same terms and conditions as specified in the original contract unless otherwise specified. V I L L A G E O F SLfEEPY H O L L O W , W E S T C H E S T E R COUNTY, NEW Y O R K Signature: Print Name: Title Date: 'Cute*W^rr^T s ic\fa\to fv u ^ ^ L �Resolution of the Board of Trustees of the Village of Sleepy Hollow Approving Change Orders for the Devries Field Sports Lighting Project WHEREAS, on December 18, 2009 the Village of Sleepy Hollow entered into a contract with Anderson Electric, Inc. of Greenwich, CT for the Devries Field Sports Lighting Project, Contract No 2009-03; and WHEREAS, poor soil conditions required the installation of longer structural piles and wider concrete footings to support the light towers; and WHEREAS, the contract with Anderson Electric, Inc. was based on the lowest lump sum cost with unit price allowances for piles and concrete; and WHEREAS, the Village Architect has reviewed the attached Change Orders and determined the amounts to be in accordance with the unit prices in the contract; and WHEREAS, funding for said project is being paid through the Village's Developers Recreation Fund. NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees herein accepts the Change Orders at a total amount of $27,625.90; and be it further RESOLVED, that the Board of Trustees authorizes the Village Treasurer to transfer funds from the Village's Developers Recreation Fund to pay for the project; and BE IT FURTHER RESOLVED that the Mayor is authorized to execute the attached Change Orders for the additional work. Moved: Trustee Capossela Seconded: Trustee Schroedel Vote: 4-0 Absent: Trustee Wompa. Trustee Carr �Department of Architecture, Land Use Development, BmiMiriigs & B u i l d i n g Compliance 2S Beekman Avenue Sleepy Hollow, NY 10591 9/iortz ifc&n & L&gmd Telephone (914) 366-5101® Fax (914) 631-0607 • MEMORANDUM Date: September 28, 2010 To: Anthony Giaccio, Village Administrator From: Sean E. McCarthy, Architect Project: Devries Field Sports Lighting Village of Sleepy Hollow Project: Contract No. 2009-03 Cc: Mayor Wray and members of the Board of Trustees Re: Change Orders Attached please find supporting documentation for change orders No 1 & 2: Change Order No. 1 Upon inspection of the excavation for the foundations for the light poles the engineer for Musco Lighting reviewed the existing soil conditions and requested that the footing size for the poles be increased. The purpose of the increased size was to provide addition horizontal stability needed as a result of the poor soil conditions. The cost for the additional concrete, required steel reinforcement and form work to satisfy the soil conditions was $8,000.00. Change Order No. 2 Due to the poor soil bearing capacity, the pile contractor needed to drive longer piles to achieve the required refusal capacity. The contract base bid estimated was 480 linear feet at a unit price of $83.33 per foot. The contractor drove an additional 230 LF for a total cost of $19,625.90, Cont. �September 28, 2010 Devries Field Sports Lighting C o n t r a c t ' Ho, 2 0 0 9 - 0 3 Page 2. Contract Summery Original Contract Sum Net S u m of Change Orders New Contract Sum Total Paid to Date $219,758.40 $ 27,625.90 $247,384.30 $142,798.87 Balance to finish including retainage $104,585.43 END OF MEMORANDUM �License: CT102974 & NY E671 OrcJer#: 1 Order Date: 04/05/2010 Electrical & Communications Contractor ©2 Peroberwiclt (load Greenwich, CT 0S831 Ptiorne 203S31-7722 Fax: 203-S31-S34S www.AndvrsDnEb ctric.lNtol To: Village of Sleepy Hollow 28 Beekman Ave Sleepy Hollow NY 10591 Project: 486 Devries Field Sports Lighting Devries Ave Sports Field - end of road Sleepy Holiow NY 10591 The contractor agrees to perform and the owner agrees to pay for the following changes to this contract. Ordered By: 2 Thomas Anderson Plans Attached I—I '—' Customer Order: Specifications Attached | | Description of Work Amount Adder for concrete and rebar in Musco Footing Price increase for for concrete and rebar as per MUSCO design footing. Total for four light tower bases. Concrete Rebar ' Forms 2,700.00 3,100.00 2,200.00 Notes Additional work will not proceed until the Change Order is signed and approved by an authorized agent Negative changes wiillower the overall contract price requiring no additional payment by owner. , Requested Amount Of Change 8,000.00 The original Contract Sum was 219,758.40 Net change by previous Change Orders The Contract Sum prior to this Change Order 0.00 219,758.40 The Contract Sum will be changed by this Change Order 8,000.00 The new Contract Sum including this Change Order will be The Contract Time will be changed by Owner: 227,758.40 0 Days Date: ��License: S CT102974 & NY E671 >sea i^nange \ Order#: 2 Order Date: 06/07/2010 Etcctrica! &. CommunicatSorts Contractor 62 Pembcrwick Road Greenwich, CT OSS31 Phone 203-531-7722 Fax: 203.531-S346 w ww. &m{ ersanEte etri c. Met Project: 486 Devries Fieid Sports Lighting DevrtesAve Sports Field - end of road Sleepy Hollow NY 10591 T o : Village of Sleepy Holiow 28 Beekman A v e Sleepy Hollow NY 10591 The contractor agrees to perform and the owner agrees to pay for the following changes to this contract. Ordered By: Plans Attached I—I '—' Customer Order: Specifications Attached | [ Description of Work Amount Tower A1 Linear footage of Piles added $85.33 per linear foot for additional piles Tower A1 15+15+15+15 = 60 Feet * 85.33 = $5119.80 Tower A2 Linear footage of piles added $85.33 per linear foot for additional piles Tower A2 15+13.5+14+16.5 = 59 Feet * 85.33 = $5034.47 Tower B1 linear footage of piles added $85.33 per linear foot for additional piles Tower B1 20+20+20+20 = 80 Feet * 85.33 = $6826.40 Tower B2 linear fotage of piles added $85.33 per linear foot for additional piles Tower B2 7.5+7.5+9+7=31 Feet 4 85.33 = $2645.23 5,119.80 5,034.47 6,826.40 2,645.23 Notes Additional workwiii not proceed until the Change Order is signed and approved by an authorized agent' Negative changes will tower the overall contract price requiring no additional payment by owner. _ . , . The original Contract Sum was - _, 19,625.90 219,758.40 Net change by previous Change Orders 8,000.00 The Contract Sum prior to this Change Order 227,758.40 The Contract Sum will be changed by this Change Order 19,625.90 The new Contract Sum including this Change Order will be 247,384.30 The Contract Time will be changed by Owner: . Requested Amount of Change 0 Date: Days � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-09-28 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/f0b251b7ea84c6c7b74b44b75ad8a279.pdf 3d7db2f6601a49826b4ca89370609e5b PDF Text Text The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, September 28, 2010, in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Deputy Mayor Thomas Capossela David Schroedel Bruce Campbell Evelyn Stupel, Trustees Absent: Barbara Carr Karin Wompa Also Present: Anthony P. Giaccio, Village Administrator Sara DiGiacomo, Village Treasurer Janet Gandolfo, Village Counsel Richard Gross, Village General Foreman Sean E. McCarthy, Village Building Inspector Paula A. McCarthy, Village Clerk John Kapica, Police Chief At 7:07 p.m. the Mayor called the meeting to order with a pledge to the flag. Mayor and Board of Trustees opened up the meeting by honoring the heroic actions of the Sleepy Hollow Fire Department. Four members of the Department were recipients of the Westchester County Volunteer Fireman's Association Firefighter of the Year Award for their heroic efforts on August 2, 2010 while rescuing a man in the Hudson river, who had jumped from the Tappan Zee Bridge. Mayor presented a proclamation and praised the everyday efforts of the firemen. A resolution accepting Joel Sosa to active membership in Union Hose Engine Co. No. 2 was passed followed by an oath. It was unanimous. Village Clerk read announcement for Public Hearing on the water rates. Mayor opened the public hearing to the public for discussion. Ellen MCDanough addressed the Mayor and the Board of Trustees and complained that the water rates already went up. Mayor explained that the water rates were increased due to a 44 percent rate hike over three years by New York City Water to Westchester County. �Mario Belanich, of North Washington Street addressed the Mayor and the Board of Trustees and said he is not in favor of this increase and that every time the water rates go up the sewer costs go up as well. Trustee Schroedel noted that the Finance Committee was looking at alternatives for the sewer rate. Discussion ensued. Trustee Schroedel recommended discussing it further at the next work session. Public Hearing for the water rates was adjourned at 7;30PM. Mayor opened the Public Hearing for the Senior Tax Exemption, and Village Clerk read the announcement. Mr. Fred Gross gave an overview and explained this is the time of the year to get exemptions in order. All letters and notifications have to go out to those who qualify. This year the proposed resolution is the same as last year. Important to note that income is calculated based on form 1044 page 1. All income must be reported even if it's non taxable. Medical expenses and veterans with disabilities get deductibles. All applications are due by 12/31/2010. Last year 34 residents qualified for this discount. Trustee Schroedel asked about people who rent. Mr. Fred Gross said it's the same application as STAR and further explained who is entitled. Any Senior Citizen that needs help with this process should contact Fred Gross at 914-366-5136. Seniors can save up to $50,000. Mario Belanich of North Washington St. addressed the Mayor and the Board of Trustees and asked about medical deductions and real estate taxes. Mr. Fred Gross explained. Trustee Schroedel made a motion to close the public hearing. It was seconded by Deputy Mayor Caposella. It was unanimous. Later, by resolution the tax break was reinstated. Approval of Warrants: Trustee Schroedel moved, seconded by Trustee Stupel to approve the warrant in the total of $1,150,468.10 Public Comments: Mayor opened Public Comments and evoked the 5 minute rule. Diane Fiorella of Webber Park addressed the Mayor and the Board of Trustees and expressed her concerns over vandalism in Douglas Park. She said this is an issue that needs to be taken seriously, many racist remarks have been written and carved into benches in the area, and that some of the wooden structures had fire damage. She also said it was especially important to clean up the park now that the Village has put money into a new playground and making it more family friendly. �Deputy Mayor Capossela said this matter was discussed at the Police Advisory Committee meeting ori Monday, and that there would be another meeting to address this issue this coming Monday. Mayor agreed and said everyone finds this deeply disturbing. Mario Belanich of North Washington Street addressed the Mayor and the Board of Trustees and stated that a lot of communities have community services and we should get together with the judge and do something that would be beneficial to the neighborhood. He also said that the Village is nice and small but that it cant keep hiring people and raising taxes and do nothing about it. Trustee Reports: Trustee Schroedel had nothing to report. Trustee Campbell reported that the Halloween Events will kick off this Friday from 4pm to 6pm, at the intersection of Beekman Avenue and North Broadway. He thanked Daphne Mickle for reaching out to sponsors and Robin Pell for securing an ad in the journal news. Trustee Campbell also mentioned that the Work Session of October 19 will be held at the new Community Center. Trustee Capossela reported.street lights are being replaced by the Pizza parlor on Beekman Avenue. He also complimented the Police Advisory Committee. Trustee Stupe! reported that the Village has collected $16,000.00 in fines since the new building codes went into effect and that there are still $72,000. 00 in fine still outstanding. In October violation notices will be issued to homeowners for not up keeping their properties. Resolutions: see attached Deputy Mayor Capossela announced that two long time village employees, Floyd Rhein and Kim Berry would be retiring. Their resignations have been formally accepted by resolutions. Mayor announcements; Mayor announced a thank you letter from Reverend Santiago, and an announcement letter from Sleepy Hollow cemetery's regarding an event for a planting. Mayor also announced that Gillete would begin further soil testing around the former battery site. They are also asking to test the New Senior Center. Mayor encouraged all residents living in the area of the former battery site, of Andrews Lane and Elm Street, to have their properties tested for heavy metals. Public Comments: �Mayor opened the meeting to the public and evoked the 5 minute rule: Mario Belanich, of North Washington Street, addressed the Mayor and the Board of Trustees and asked about how much money the village will be spending on the Hayride. He said the Board of Trustees should watch the taxpayer's money. He also asked about sponsors. Diane Fiorito, of Webber Park, addressed the Mayor and the Board of Trustees and stated that not a lot of people are happy to see the hayride return, and that it causes a lot of damage to Douglas Park. At 8:35p.m., on a motion by Trustee Shroedel, seconded by Trustee Campbell the Board went into executive session to discuss a personnel matter. At 9:p.m., a motion was made by Trustee Campbell to come out of executive session; it was seconded by Trustee Stupel. No action was taken at this session, At 9:02 p.m., on a motion by Trustee Schroedel, seconded by Trustee Campbell the meeting was adjourned. Respectfully submitted, Paula A. McCarthy Village Clerk � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-09-28(2) Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/d5769408a6f9d1e1e81ebe62be2c75a9.pdf 6b0dad8e6721cc98f98f8326304510a6 PDF Text Text Minutes of the Board of Trustees Village of Sleepy Hollow A work session of the Board of Trustees of the Village of Sleepy Hollow was held on Tuesday, September 21, 2010 starting at 7:00 P.M. in the boardroom at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Thomas Capossela David L. Schroedel Karin T. Wompa Barbara J. Can* Bruce R. Campbell Evelyn R. Stupel Trustees Also Present: Anthony Giaccio, Village Administrator Janet Gandolfo, Village Attorney Sean McCarthy, Village Architect Rich Gross, General Foreman Robin Pell, Recreation Supervisor John Kapica, Police Chief Mayor Wray called the work session to order at 7:00 p.m. WATER SYSTEM - Engineer Dolph Rotfeld brought the Board up to date on New York City's plans to shut down the Catskill Aqueduct for repairs, which currently is the only source of water for the village. The Village had been informed that the Catskill Aqueduct would be shut down periodically starting in October and that the Croton Aqueduct would also be shut down during this time. After complaints from the Village, New York City has now agreed to delay the Catskill Aqueduct shut downs until April, 2011, By then the Croton Aqueduct will be on line. Mr. Rotfeld recommended that the Village continue with its plans to connect with the Delaware Aqueduct system as a backup water source. FIRE APPARATUS - Fire Chief John Korzelius was in attendance to discuss the purchase of a new fire apparatus. Chief Korzelius submitted a memo addressed to the Village Administrator and Public Safety Committee (attached) outlining the procedure for purchasing a new apparatus and estimated costs. Discussion ensued. ROUTE 9 SIDEWALKS - Suzette Lopane from the Westchester County Planning Department made a presentation on the Route 9 Streetscape Project. The Project calls for the replacement of sidewalks, along Route 9 from the animal hospital to Tarrytown, There will also be new pedestrian lights, trees and signage. The Project is scheduled to begin in the fall of 2011. �HAUNTED HAYRIDE - There was a debate over whether or not to have the Haunted Hayride. Trustee Scliroedel said that the Haunted Hayride had not been budgeted for this year, because in the past it had been such a large expense for the village. Trustee Bruce Campbell feels there should be a hayride because it showcases the Village and brings in a lot of publicity. Trustee Bruce Campbell said that in the past the event cost taxpayer dollars, but thought that it could break even this year with sponsors and higher ticket prices. Village Administrator Anthony Giaccio has received many calls inquiring about sponsoring the event. The school district is also considering helping fund the hayride, and the village is looking to get more volunteers to reduce costs. Brian Doyle from the Chamber of Commerce spoke in favor of the event. Trustee David Schroedel said that he does not believe that tax payers should be paying for this event and that the Village is not equipped to run this event successfully. Trustee Schroedel said that the Teamster Union had objected to the village running an event that wasn't staffed by village employees, thus increasing overtime and manpower costs. Trustee Karin Wompa questioned the numbers presented to trustees which showed that the hayride could break even this year. In previous years, there has been no accounting of how the event has been run, and merchandise has gone missing, making it difficult to estimate revenues. Trustee Evelyn Stupel also wondered where the accountability was and wanted to see all of the statistics about the hayride. RECREATION REPORT - Recreation Supervisor Robin Pell gave a recreation report. Ms. Pell said that the David Lee Sports Camp was very successful. Other sports camps including lacrosse, soccer and baseball were also successful. The Lighthouse tours will continue until the end of October. Due to the increase in children attending the after-school program, there is a need for additional staff. BLOCK PARTY REQUEST - The Board reviewed a request made by Rose Mary Frycek to have a block party on Farrington Avenue on Sunday, October 2, 2010 from 4:00pm to 10:00pm PROCESSION EVENT - The Board discussed a request made by the Ecuadorian Community to have a religious procession along Beekman Ave and Cortlandt Street. UPDATING THE VILLAGE CODE - The Board discussed a proposal from General Code to update the Village Code. �WATER RATES - Discussion on the water rates was tabled until the next meeting. At 9:37 p.m. the meeting was adjourned. Respectfully submitted, Anthony cMccio Village Administrator � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-09-21 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/ac1db2f8378d744882ae766936633ddb.pdf 6f57f559e91f8eb475a70ba53be1fd6e PDF Text Text Meeting date: 9/14/2010 Resolutions 9/135/2010 Whereas, the Board of Trustees is desirous of retaining a labor attorney to handle legal matters pertaining to labor, employment and various employee/employer matters; and Whereas, the Mayor has interviewed candidates for the position, together with Administration Committee Chairperson and Village Counsel and they all recommend Richard Zuckerman, Esq., of Melville, New York for the position; Now, Therefore, Be It Resolved, the Mayor is authorized to execute the attached retainer agreement Moved: Trustee Schroedel Seconded: Trustee Capossela Absent: Trustee Campbell, Trustee Stupel Vote: 4-0 �Lamb & Barnosky, llp ATTORNEYS AT LAW C A T H L E E N D. A L L E N 534 BROADHOLLOW ROAD, S U I T E 210 E U G E N E R. B A R N O S K Y S H A R O N N. BERLIN* R O B E R T H. C O H E N M I C H E L L E S. F E L D M A N M A R C I A L, F I N K E L S T E I N STEVEN 9034 MELVILLE, NY ! 1 7 4 7 - 9 0 3 4 631.694.2300 • FAX: 631.694.2309 GODSBERG M I C H A E L J, H E L L E R * * GARY P O BOX HOLMAN SCOTT M. KARSON INTERNET: WWWL . AM88ARNOSKYC . OM EMAIL: ATTORNEY'S INITIALS @ LAMBBARNOSKY.COM MICHAEL KRAUTH AMER** P.L. L A M B A R T H U R A. L A N E JOEL M. SERVICE BY E-MAIL OR FACSIMILE NOT ACCEPTED MARKOWITZ PATRICE DOWD SHENN J E F F R E Y A. Z A N K E L R I C H A R D K. Z U C K E R M A N ALSO ADMrTVED IN C T A L S O ADMITTED IN N J ALSO ADMITTED IN MA September 2010 COUNSEL OIANE J. MOFFET HON. MICHAEL F. MULLEN RITA FISHMAN SHEEN A OF COUNSEL LLOYD K. CHANIN SAMUEL H. GOLDEN*"* THOMAS A. O'ROURKE VIRGINIA MEDIC! WYLLY ASSOCIATES LINDSAY TOWNSEND CROCKER CHUMI R, DIAMOND CANDACE J. GOMEZ MARA N. HARVEY ALYSON MAXMEWS MATTHEW J . MEHNERT LAUREN SCHN1TZER" MARGARET K. TERRY JANE C. T U C K E R " " ' " " * A L S O A D M I T T E D IN F L A L S O A O M I T T E O IN D C BY E-MAIL Hon. Kenneth Wray Village of Sleepy Hollow 28 Beekman Avenue - 2nd Floor Sleepy Hollow, NY 10591 Employment/Labor Counsel Services Dear Mayor Wray: Thank you for engaging Lamb & Bamosky, LLP, a limited liability partnership pursuant to New York law ("the Firm"). We believe it is important to share an understanding of the basis on which the Firm will provide essential services to the Village of Sleepy Hollow ("the Village"). The purpose of this letter is, therefore, to confirm the terms and conditions upon which the Village has engaged the Firm. Scope of Engagement You have engaged the Firm as special counsel to the Village, effective September 14, 2010. The scope of our engagement may change if the Village asks the Firm to provide different services and the Firm agrees in writing to provide them or the Firm proceeds to provide them and bills the Village for them. If the Firm's engagement changes, the terms set out in this letter will apply to the changed engagement, unless the Firm sends the Village a further letter modifying or superseding this one. Responsibility and Team Members Sharon N. Berlin, Michael Krauthamer and I will be the partners primarily responsible for working with the Village. As appropriate, the Firm will draw upon the talent and �LAMB & BARNOSKY, LLP Hon. Kenneth Wray Village of Sleepy Hollow September 8,2010 Page 2 expertise of other attorneys in the Firm and will also assign legal assistants to provide relevant services. Keeping You Informed The Firm is committed to keeping the Village informed about our work on any matters assigned to us. This includes letting the Village know who is working on matters assigned to us, updating the Village on the progress of those matters, advising the Village of any potential problems or delays, and keeping the Village notified of costs. To this end, the Firm will provide the Village with a report on the status of matters assigned to us as regularly as the Village requires. In the event that the Village needs to reach one of our attorneys and the person sought is unavailable, please leave a message describing the nature and urgency of the inquiry. It is the Firm's policy to promptly respond to all inquiries. Fees, Expenses and Billings Legal Fees The Village will be billed by the Firm on the basis of hourly rates multiplied by the number of hours worked on each matter assigned to us. Our discounted rates for this engagement will be $275 per hour for my time, $250 per hour for partners' and counsels' time, $225 per hour for associates' time and $150 per hour for legal assistants' time including paralegals, recent law school graduates, summer associates and legal interns. We will not charge for travel expenses to and from routine meetings in the Village (e.g., mileage, tolls), telephone calls or faxes. We will charge for out-of-pocket expenses (e.g., travel expenses to Albany, New York City or White Plains). Disbursements might also include overnight mail charges, multi-party conference calls, computerized legal research, process and subpoena service fees and filing fees and similar items. These costs and expenses will be billed in the same manner as our fees or we may ask the Village to make direct payment to the party making the charge. We will provide the Village with itemized monthly bills detailing the services provided. These rates are subject to periodic adjustment. In the case of partners and counsel, adjustment usually occurs in January of each year; in the case of associates, adjustment usually occurs when they step up to the next level of seniority. Hourly billing will be in 15-minute units (four to the hour) for time spent on the matter. These rates do not include any amounts which may be added to a particular invoice for disbursements and charges. Billing Arrangements: Statements of fees, disbursements and charges will be sent to the Village by the Firm on a monthly basis, with payment to be made within 30 days of �L a m b & B a b n o s k y , ixp Hon. Kenneth Wray Village of Sleepy Hollow September 8,2010 Page 3 receipt of the invoice. Please note that the Firm reserves the right to impose a late charge at the rate of 12 percent per annum on past due accounts. If the Village anticipates that payment will be delayed, please discuss this delay with me at the earliest possible opportunity. If the Village has any questions regarding an invoice, please contact me so that I can try to promptly answer them. Communication Technology As lawyers, we are always mindful of our obligation to safeguard our clients' proprietary, sensitive, or otherwise confidential information. To this end, it is important that we agree from the outset the kinds of communication technology which will be employed in the course ofthis engagement. If there are particular forms of communication technology which you do not wish us to use, or if there are other specific safeguards which you would like us to implement, please advise us promptly. If the Village does not so advise us, we will assume that it has given its consent to, and accepted any risks attendant upon, the use of any means of communication which we deem to be appropriate including, but not limited to, cell phones, electronic mail, and facsimiles. Files Generally, the Firm retains clients' files for at least seven years after conclusion of the matter for which representation was provided. However, once the matter has been concluded, and full payment thereof has been made, the Village may take possession of the files at any time by delivering a written and signed request to the Firm. If, upon the expiration of seven years after conclusion of the matter, no such request has been received, the Firm reserves the right to destroy the files without further notice to the Village. Questions and Termination The Firm has procedures to address any issue that the Village would like to raise, and we encourage the Village to inform us if at any time our services do not meet the Village's expectations. We will strive to promptly address any problem and in a professional manner. The Village may end this relationship at any time by giving the Finn written notice, subject to the Village's obligation to pay us according to the terms of this Agreement. The Firm, in turn, may withdraw from the representation upon written notice in the event that the Village fails to cooperate with us in any way that we may reasonably request, the Village fails to pay our invoices in full as submitted, or we determine in our reasonable discretion that it would be improper pursuant to the New York Code of Professional Conduct or impractical to continue our relationship. �& B A R N O S K Y , LLP Hon. Kenneth Wray Village of Sleepy Hollow September 8,2010 Page 4 Resolution of Disputes - Mediation and Arbitration Although we do not expect that differences will arise between us, as lawyers we recognize that disagreements can happen and it is therefore wise to agree upon a procedure for fairly and expeditiously resolving them. Accordingly, if collection efforts made by the Firm, including, without limitation, collection efforts made by our attorneys or staff, or by any outside agency retained by the Firm, are unsuccessful, then any dispute, controversy or claim arising out of or relating to our rendering of professional services to the Village or our fees, disbursements and charges will first be submitted to private, confidential non-binding mediation with a mediator jointly selected by the Village and the Firm. If resolution through mediation is not possible, any such dispute, controversy or claim will be finally resolved by private, confidential binding arbitration, as follows: (1) to the extent that the New York Fee Dispute Resolution Program (Part 137 of 22 NYCRR), which provides for the informal and expeditious resolution of fee disputes between attorneys and clients, applies to the dispute, controversy or claim, then resolution thereof will be in accordance with the rules and procedures of the Fee Dispute Resolution Program (a copy is available upon request); (2) if the Fee Dispute Resolution Program does not apply to the dispute, controversy or claim, then the arbitration will be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and any decision or award issued in the arbitration shall be final and non-appealable. Entire Agreement This letter represents the entire agreement between us concerning the terms and conditions of this engagement. By signing below, the Village acknowledges that this letter has been reviewed and understood and that the Village agrees to be bound by its terms and conditions. By signing this retainer letter, the Village consents to being listed as one of the Firm's clients in any of our promotion-related materials or activities. The Village's permission to be listed can be revoked by the Village at any time. No change or waiver of any of the provisions of this letter will be binding on either the Village or the Firm unless the change is in writing and signed by both the Village and us. If you are in agreement with the foregoing terms and conditions, please sign and return a copy of this letter to us. �LAMB & BARNOSKY, LLP Hon. Kenneth Wray Village of Sleepy Hollow September 8,2010 Page 5 Once again, we thank you for engaging Lamb & Barnosky, LLP to serve as the Village's special counsel. We very much look forward to working with you. Veixtruly yours, cb^icfatfjt Richard K. Zuckerman RKZ:rf cc: Janet Gandolfo, Esq. Village Attorney AGREED: By: Hon. Kenneth Wray, Mayor Date: �Meeting Date: Resolution #: 09/14 2010 09/136/2010 Be It Resolved, the Board of Trustees hereby confirms the Mayor's appointment of Camilla Calimandrei and Chris Hale to the Sleepy Hollow Environmental Advisory Council Board, for a term of three years commencing September 15, 2010 and; Be It Further Resolved, Rafael Green is no longer able to commit to his duties as a member of the Sleepy Hollow Environmental Advisory Council Board, and has resigned effective immediately. Moved: Trustee Capossela Seconded: Trustee Carr Absent: Trustee Campbell, Trustee Stupel Vote: 4-0 �Whereas, the Board of Trustees entered into a contract with Bradhurst Construction to replace curbs and sidewalks above a culvert replacement on Route 9; and Whereas, the Board of Trustees is desirous of continuing the replacement of sidewalks and curbs along Route 9 and Beekman Avenue; and Whereas, the contract to Bradhurst Construction was based upon the lowest unit price bidder; and Whereas, Bradhurst Construction agrees to perform the additional work pursuant to the attached Change Order at the same unit price; Now, Therefore, Be It Resolved the Board of Trustees authorizes the Mayor to execute the attached Change Order for the additional work. Moved: Trustee Carr Seconded: Trustee Schroedel Vote: 4-0 �Meeting Date: Resolution #: 09/14/2010 09/138/2010 BE IT RESOLVED that the Board of Trustees does hereby call for a Public Hearing on Tuesday, September 21st 2010 at 7:00 p.m. or soon thereafter, to exempt from Village taxes, which are controlled by the said Village Trustees, pursuant to the provisions of Real Property Tax Law Section 467.1 para (b) para (1), to the extent of 50% of its assessed value at its sliding scale, properties owned by persons 65 years of age or over who comply with provisions of Section 467 of the Real Property Tax Law as to occupancy, income, length of ownership or otherwise. Moved: Trustee Schroedel Seconded: Trustee Carr Absent: Trustee Campbell, Trustee Stupel Vote: 4-0 �Whereas, the Village of Sleepy Hollow received aid from eight other agencies in coordinating the funeral services of John Kelly and assisted in providing Fire, Ambulance and other Emergency services, Now, Therefore Be It Resolved the Mayor and the Board of Trustees hereby extends its heartfelt thanks to the Tarrytown Volunteer Ambulance Corp, Pleasantville Volunteer Ambulance Corp, Hastings Ambulance Corp, Elmsford EMS, Ardsley-Secor EMS, Ossining EMS, Greenburgh Paramedics, Transcare Paramedics, and Michael Liverzani from the Westchester County Department of Emergency Services, and, Be It Further Resolved that this resolution will be forwarded to their respective communities. Moved: Trustee Schroedel Seconded: Trustee Carr Absent: Trustee Campbell, Trustee Stupe! Vote: 4-0 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-09-14 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/3d0d76235f4f61ef8f2d7dd6913469cf.pdf 81dbb332311b0ce6acee0c41f86680bb PDF Text Text The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, September 14, 2010 in Village Hall, 28 Beekman Avenue, Sleepy Hollow, and New York. Present: Mayor Kenneth G. Wray Deputy Mayor Thomas Capossela Barbara Carr Karin Wompa David Schroedel, Trustees Bruce Campbell (Absent) Evelyn Stupel (Absent) Also Present: Anthony P. Giaccio, Village Administrator Janet Gandolfo, Village Counsel Richard Gross, Village General Foreman Sean E. McCarthy, Village Building Inspector John Kapica, Police Chief At 7:00 p.m. the Mayor called the meeting to order with a prayer and pledge to the flag. Moment of Silence - There was a moment of silence for the passing of Fred Poli, a 52 year member of Rescue Hose, Matt Lissy Jr., a 50 year member of Columbia Hose, Jack Ryan. A 55 year member of Union Hose, John Kelly, a Sleepy Hollow resident and member of the Ambulance Corp. and Anthony Ruggiero, a Tarrytown resident and Tanytown Department of Public Works Foreman. Census Award — Peter Fiumefreddo of the Census Bureau presented a plaque to Mayor Wray for the efforts made by the Village to get citizens counted in the 2010 census. Mr. Fiumefreddo said that the village had increased its participation from the 2000 census by over 10 percent. Mayor Ken Wray said that it was nice to be recognized for the effort, but felt the praise should be bestowed on the numerous community organizers and volunteers who went house to house to encourage turnout. Public Hearing on Increasing the Water Rates - Mr, Giaccio read the public hearing notice (Attached). Mayor Wray commented that the New York City Water Board has raised water rates close to 44 percent over the last three years making it necessary for the Village to raise its rates as well. Even so, the Village Board is only proposing about a 5% increase. The Mayor noted that a public hearing was not necessary for the rate increases, but felt the public should have a time to comment on the increases. Mario Belenich asked what the new rates would be. Ms. DiGiacomo and Trustee Schroedel summarized the proposal (attached). Trustee Caposella questioned why the village needed to also raise sewer rates at the same time, which the village has historically tied to increases in water rates. The sewer rate is calculated as a percentage of water usages - 16.5 percent. The Mayor adjourned the public hearing. �Approval of Minutes Trustee Carr moved, seconded by the Trustee Capossela to approve the July 27, 2010. Motion Carried 4-0 Mayor's Announcements Mayor Wray announced that there will be a 10k race on October 23, 2010 starting at Morse School. The event is being organized by the Rivertown Runners. Approval of Warrants: Trustee Carr moved, seconded by Trustee Schroedel to approve warrants 10SEP14A, 10SEP14B, 10SEP14C, 10SEP14, in the total amount of $454,175.20. Motion carried 4-0 Public Comments: Mario Belanich commented that the village needed to get reimbursed for the use of taxpayer money to pay for the Headless Horseman statue near the intersection of North Broadway and Bellwood Avenue. Mr. Bellanich also raised questions about further testing in and around the old Duracell Battery plant. Mayor Wray said that any homeowner in the area should make sure their property is inspected and tested for heavy metals, or that they should contact the village if they have concerns. Trustee Reports; Trustee Schroedel recognized the efforts by the Police Department and Department of Public Works in assisting with the John Kelly funeral and for the Sleepy Hollow Street Fair. Trustee Schroedel mentioned that Sergeant Bueti and Officer Lombard! were recently thanked for providing a police dog demonstration for School Children, Trustee Schroedel announced that firefighters from both Sleepy Hollow and Tarrytown will receive the firefighter of the year award from Westchester County for saving a person from draining in the Hudson River. Trustee Carr reported that the Seniors are researching what supplies are needed for the new Senior Center. The next work session will be held there. Trustee also gave a report on Halloween (attached). Trustee Capossela gave a DPW Report (attached) Trustee Wompa gave an update on the Morse School Project. The project is nearing completion and has come along nicely. �Administrator Report; Mr. Giaccio reported that The village is seeking sponsors for a number of Halloween events this year. Mr. Giaccio said that the village would have to secure sponsors for events by the end of next week, Friday, Sept, 24 to ensure printed materials are produced before Oct. 1. Mr. Giaccio also gave a report on the Haunted Hayride and submitted a proposed budget for the event. To offset costs of the hayride, Mr. Giaccio said that the village is raising the price of the Haunted Hayride to $20 and is seeking sponsors to pay for the event. Trustees debated at length the pros and cons of putting on the Haunted Hayride event this year. Trustee Schroedel is very concerned about cost of the event and does not believe the Village should be involved with organizing these types of events. He believes that it is best for groups like Historic Hudson Valley is more equipped to run these types of events. Trustee Schroedel also feels that we would be competing with these groups. Trustee Caposella was against the hayride in the past, but supports it this year because he believes it will be less costly. Mayor Wray said that based on what he sees now it's not likely the hayride will happen. The Board agreed to continue the discussion next week during their work session. Resolutions; - See attached New Business Trustee Wompa asked for an update on the Kendal Extension. Sean McCarthy said that discussion was put on hold until when there was discussion about creating a comprehensive plan. Correspondence On motion by Trustee Schroedel, Seconded by Trustee Carr the meeting was adjourned at 8:50 p.m. Respectfully submittec ^ Anthony Giaido Village Administrator �PUBLIC HEARING NOTICE PLEASE TAKE NOTICE the Board of Trustees of the Village of Sleepy Hollow will hold a public hearing on Tuesday, September 14, 2010 at 7 p.m. at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York to hear and consider comments from members of the public regarding an increase to the water rates. Village Hal! is accessible to the handicapped. By Order of the Board of Trustees Dated: August 24^ 2010 Paula A. McCarthy Village Clerk � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-09-14(2) Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/9699a9f99bee9c7a2c7860c58e180472.pdf af40eea18c1af64204bfb15d4680c481 PDF Text Text Minutes of the Board of Trustees Village of Sleepy Hollow A work session of the Board of Trustees of the Village of Sleepy Hollow was held on Tuesday, September 7, 2010 starting at 7:00 P.M. in the boardroom at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Thomas Capossela David L. Schroedel Karin T. Wompa Barbara J. Carr Bruce R. Campbell Evelyn R. Stupel Trustees Also Present: Anthony Giaccio, Village Administrator Janet Gandolfo, Village Attorney Sean McCarthy, Village Architect Rich Gross, General Foreman John Kapica, Police Chief Mayor Wray called the work session to order at 7:00 p.m. MOMENT OF SILENCE - There was a moment of silence for Anthony Ruggiero and John Kelly who tragically lost their lives in Tarrytown on Monday. The Mayor announced that the flags will be put at half staff. MAYOR'S ANNOUNCEMENTS - Mayor Wray announced that he and Trustee Schroedel met with Westchester County Police Commissioner George Longworth to discuss ways in which Sleepy Hollow could share services with the County Police Department. Mayor Wray informed the residents that this was a very preliminary meeting and that he feels that it is the Board's responsibility to pursue any idea that may reduce taxes. Mayor Wray announced that the Swim-a-Thon and Street Fair will take place this Sunday. HALLOWEEN EVENTS - Mr. Giaccio gave a report on the various Halloween events that are scheduled in Sleepy Hollow. Wadell Stillman from Historic Hudson Valley addressed concerns that the Board had about the Horseman Hollow event. POLICE REPORT - Chief Kapica and Lieutenant Camp gave a report on a traffic study done on New Broadway. A summary of the report is attached. �ROUTE 9 CULVERT PROJECT - Mr. Giaccio submitted to the Board a change order for the Route 9 Culvert Project (Attached). Discussion ensued. SENIOR CITIZEN TAX EXEMPTION - The Board discussed setting a public hearing for senior citizen tax exemption as required by law. At 8:30 p.m. the meeting was adjourned. Rftsn^rtfiillv submitted i Village Administrator �O Bio H CO 3a>B NJ N> l\) N> oooo o ® ^ le12u o0 0o 0o 0o 0o 0o 0o 0o 0o 0o 0o S2 0o 0o 0o 0o 0o 0o 0o 0o 0o 1fis:.fcs! 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Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-09-07 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/cf58eae64c3dd98ce6ad939e6ba2589a.pdf f3bf5bb845007952301e540102ae8f4b PDF Text Text The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, August 24, 2010 In Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Bruce Campbell Evelyn Stupel David Schroedel, Trustees Deputy Mayor Thomas Capossela (Absent) Barbara Carr (Absent) Karin Wompa (Absent) Also Present: Anthony P. Giaccio, Village Administrator Janet Gandolfo, Village Counsel Richard Gross, Village General Foreman Sean E. McCarthy, Village Building Inspector John Kapica, Police Chief At 7:15 p.m. the Mayor called the meeting to order with a prayer and pledge to the flag. Resolutions: - See attached Approval of Warrants: Trustee Schroedel moved, seconded by Trustee Campbell to approve warrants 10AUG24A, 10AUG24B, 10AUG24C, 10AUG24D, 10AUG10A, in the total amount of $538,015.89. Motion carried 4-0 Public Comments: Ken Torosian asked for an update on Historic Hudson Valley's Halloween event. Mr. Giaccio said that he and Mr. McCarthy will be meeting with Historic Hudson to assure that they comply with the Village's rules and regulations. Trustee Reports: Trustee Schroedel read the attached memo from Fire Chief John Korzelous related to an incident that occurred on the Hudson River. Trustee Schroedel commended the firemen for their efforts. Trustee Schroedel acknowledged receipt of a letter from the Fire Chief regarding fire calls (attached). Trustee Campbell recommended that there be a work session at the senior citizen center on September 21, 2010. Trustee Stupel had no report �Administrator Report: Mr. Giaccio reported that Clinton Street was paved today and Depeyster Street will be paved on Thursday. Farrington Avenue is aiso scheduled to be paved. The Department of Public Works moved the tire swing from Douglas Park to Devries Park. The Village is working on updating its safety manual for the DPW. Mr. Giaccio informed the Board that there was a pre-event meeting with the Department Heads in preparation for the Rock Da Block festival. Trustee Campbell commented on the arborist's report on Douglas Park. Sean McCarthy outlined the report (Attached) Correspondence Mr. Giaccio informed the Board that two requests for liquor licenses were submitted to the Clerk's office (Attached). Both requests were referred to the Building Department and Police Department for review. Mayor's Announcements Mayor Wray announced that there will be a celebration at the Dutch Church on October 3 On motion by Trustee Schroedel, Seconded by Trustee Stupel and carried unanimously the meeting was adjourned at 7:50 p.m. Respectfully submitted, i Village Administrator �Meeting Date: Resolution: 08/24/2010 08/130/2010 Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow Approving the Action of the Fire Chief BE IT RESOLVED that the Mayor and Board of Trustees of the Village of Sleepy Hollow approves the action of the Fire Chief in electing Mayron Vazques to active membership in Union Hose Engine Co. No, 2. BE IT FURTHER RESOLVED that the Board of Trustees directs the Village Clerk to notify the Fire Chief In writing of this resolution. Moved: Trustee Schroedfel Seconded: Trustee Stupel Absent: Deputy Mayor Capossela; Trustee Wompa; Trustee Carr Vote: 4-0 �Skepy ffoObw Wire (Department Fire Patrol Co. No. 1 Organized. 1876 John E. Korzeiius Chief Engineer Pocantico Hook & Ladder Co. No. 1 Organized. 1878 William F. Ryan st 1ST Assistant Chief Rescue Hose Co. No. 1 Organized. 1887 Patrick S. Haggerty 2 n b Assistant Chief Union Hose Co. No. 2 Organized. 1887 Columbia Hose Co. No. 3 Organized. 1899 1876 More than a Legend 28 Beekman Avenue Sleepy Hollow, New York 10591 Phone (914) 366-5119 • Fax (914) 332-1307 Email- sieepyhollowfire@villageofsleepyhollow.org 8/19/2010 Trustee David Schroedel Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, NY 10591 Trustee Schroedel: This letter is being sent to officially notify the Sleepy Hollow Board of Trustees of a personnel action taken by Chief Engineer John E. Korzeiius. The Chief was notified on August 16th that the following person was accepted to active membership at Union Hose Engine Co. No. 2 of the Sleepy Hollow Fire Department Mayron Vasquez The Chief requests that the Board approve the above membership. Respectfully, Christopher G. Scelza Cc: Hayor Wray Board of Trustees Village Administrator Village Clerk �Whereas, the Village Administrator has interviewed several firms with a view towards retaining a firm to support the Village's Information Systems; and Whereas, the Village Administrator has made a recommendation to the Administration Committee that Applied Office Solutions is the firm most qualified to perform this work; and Whereas, the Administration Committee has accepted the Administrator's recommendation and is satisfied that Applied Office Solutions is well-qualified to perform this work for the Village and it is in the best interests of the Village to retain this firm; and Whereas, Village Counsel has reviewed the attached Agreement; Now, therefore, be it resolved the Board of Trustees hereby authorizes the Mayor to execute the attached Agreement with Applied Office Solutions. Moved: Trustee Campbell Seconded: Trustee Schroedel Absent: Deputy Mayor Capossela; Trustee Wompa, Trustee Carr Vote: 4-0 �Applied Office Solutions Office Solutions to fit Your Business July 13,2010 Mr. Anthony Giaccio Village Manager Village of Sleepy Hollow Sleepy Hollow, NY 10591 Dear Anthony, Thank you for giving Applied Office Solutions an opportunity to present a quote for our services in the area of network support for the Village of Sleepy Hollow, Our team of professionals is well equipped to meet the challenges that the world of IT presents to your organization and the industry as a whole. Having recently reviewed a list of the village's hardware and software inventoiy, I have a good understanding of the products and services that need to be maintained and managed. Applied Office Solutions is prepared to offer an annual support contract for a fee of $49,500, invoiced monthly, in support of the village's IT needs. This support will come in the form of on-site visits and remote support as required. The on-site schedule will be agreed upon in advance and under normal circumstances, weekly to bi-weekly visits are anticipated. ANY time an issue arises that cannot be resolved remotely, a technician will respond outside the parameters of the normal scheduled site visit. Although our basic hours of support are 8:00 AM - 6:00 PM, Mon-Fri, it is understood that there will be required periods of off hours support. We are prepared for that requirement and have priced our solution accordingly. Additionally, off hours contact information will be supplied upon contract award. Our goal here is simple; keep the network up and running, minimize any disruptions to desktop performance, maximize the staffs productivity with as little as possible intrusion from us. There are several tools we plan to implement to help achieve these goals: Install network monitoring software on all the servers. This will allow for proactive attention to issues that may arise allowing us to address them before they escalate in severity. Review any old servers and see if we can deploy one or more of them as an imaging server. Our intention would be to take images of critical desktop's to allow for quick and easy recovery in the event of either a hardware failure or virus infection. Additionally, we may want to use an old server as a virtual server in a similar fashion to imaging a desktop. Allows for easy recovery and restoration in the event of a system failure. We will monitor your backups daily. There are some items that may arise that are NOT covered under the standard support contract. All work performed outside the scope of the support contract would be invoiced on a time and materials basis at the reduced rate of SIXO/br. An example of those items is as follows: Installation and setup of new servers Bringing new remote locations into the network Introduction of new hardware and/or software solutions Once implemented, we can adjust the contract rates to reflect support of these new devices going forward Setup of the 61'' new PC during the 12 month period of the support contract 17 Taber Road, Sherman, CT 06784 860-898-0098 �The first 5 PC's replaced during the term of the contract will be covered under the support contract Damage caused to hardware and/or software due to influences outside our control Loss of AC to the building and/or the server room that results in equipment failure, as an example Longer term new projects such as converting from MUNIS to KVS as an example We have a long running history of working with various municipalities, some for well over 10 years. I've included a list of references should you feel it appropriate to contact them. Village of Briarcliff Manor Phil Zegarelli Robin Rizzo Chief Norm Campion, PD Henry Jamin Village of Mamaroneck Leonard Verrastro, retired Agostino Fusco Chief Ed Flynn, PD Village of Pleasantville Patti Dwyer Judy Weintraub Mary Schwartz Chief Anthony Chiarlitti, PD Sgt Mark Cestaro Village of Tarrytown Mike Blau (although we do not support Tarrytown at this time, Mike was the Village Manager at Briarcliff Manor for a number of years) Town of Patterson Supervisor Mike Griffin Rich Williams Village of Pomona Nick Sanderson Please take the time to review the proposal. As always, if you have any questions, please do not hesitate to call. I would be happy to come in and discuss this solution in person should you so desire. I've attached a formal contract for your review in anticipation of that request. Looking forward to a favorable response. Sincerely, Wayne Frick Applied Office Solutions �Applied Office Solutions Managed Service Agreement This Applied Office Solutions Agreement ("Agreement") is made this day of , 20 by and between The Village of Sleepy Hollow ("CLIENT") located at 28 Beekman Ave, Sleepy Hollow, NY 10591 and Applied Office Solutions. ("Applied"), located at 17 Taber Road, Sherman, CT 06784. This agreement is effective from August 1. 2010 to May 31, 2011, annual support fee adjusted to reflect and coincide with the CLIENT'S fiscal year. WHEREAS, Applied is a provider of IT Consulting, Network Support Services, Security and Networking solutions; WHEREAS, CLIENT desires to contract with Applied for the provision of the Applied Office Solutions Managed Service Agreement; NOW THEREFORE, for and in consideration of the premises contained herein and good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: PERIOD OF SERVICE This Agreement shall be effective as of the date of this Agreement, execution by CLIENT unless sooner terminated in accordance with the terms hereof, and shall be for an initial term of twelve (12) months. CLIENT and Applied reserve the right to review this agreement annually. Continuance / Automatic Renewal This Agreement shall renew automatically at the end of the prior Agreement term for a period of twelve months (12) unless Applied or the CLIENT affirmatively extends it prior to the end date or otherwise terminates it in accordance with the conditions as set forth in this Agreement. EQUIPMENT COVERED Applied reserves the right to renegotiate rates based on additions of locations, hardware, software, hardware support requirements, and/or services as well as modify this Agreement (or any portion thereof) with a 30-day notice. For purposes of this Agreement, the Network shall include all locations as outlined in Appendix A. In addition, this agreement is based on services provided to those devices listed in Appendix B. Any additional devices added to the Network without the consent or acknowledgement of Applied will not be honored or supported by Applied under this agreement. Please review this agreement from time to time so that you will be apprised of any changes. PURCHASE PRICE CLIENT is purchasing Applied's Managed Services under this Agreement for the purchase price outlined in Appendix C. Said purchase price shall be paid in monthly installments with the first installment due upon execution of this agreement. Each payment thereafter shall be due the first day of each calendar month. Services provided hereunder shall be assessed against this Account as provided herein. m �CHARGES FOR SERVICE a) Services shall be charged against the Account in accordance with the terms and conditions as outlined in Appendix C. b) Any supplemental services provided by Applied which are outside the terms of this Agreement, including but not limited to, any maintenance provided for services in excess of the Account purchased herein, shall be charged to CLIENT as an additional charge in accordance with the terms and conditions as outlined in Appendix C. Any additional billing charges will be invoiced at the end of each month, with payment expected within thirty (30) days, unless otherwise specified by Applied. c) CLIENT is understood to be a tax exempt entity. d) Applied reserves the right to refuse or suspend service under this Agreement in the event CLIENT has failed to pay any invoice within thirty (30) days of said invoice date, whether it is an invoice for services provided under this Agreement or any other agreement between the parties. CONDITIONS OF SERVICE The CLIENT Network is eligible for monitoring and support under this Agreement provided it is in good condition and Applied serviceability requirements and site environmental conditions are met. Applied reserves the right to inspect the Network upon the commencement of the term of this agreement for the purposes of creating a diagram of the Network and/or conducting a diagnostic test of the Network. Unless stated otherwise, said inspection shall be charged against the Account using our standard hourly billing rates. Applied shall not be responsible to CLIENT for loss of use of the Network or for any other liabilities arising from alterations, additions, adjustments or repairs which have been made to the Network other than by authorized representatives of Applied. Applied reserves the right to suspend or terminate this Agreement if in its sole discretion; conditions at the service site pose a health or safety threat to any Applied representative. SERVICE RESPONSIBILITY OF APPLIED It is the responsibility of the CLIENT to promptly notify Applied of any events/incidents that could impact the services defined within this agreement and/or any supplemental service needs, and for Applied to respond in a timely manner via phone, email, remote access, and/or on-site services as defined below. a) Applied will provide remote and/or on-site services under the following conditions using the following billing rates outside the scope of work on the contract. Monday-Friday 8:00 AM - 9:00 PM Si 10/hr Monday-Friday 9:01 PM - 7:59 AM $135/hr Weekends and Holidays $150/hr b) If services are requested by the CLIENT outside of normal business hours, Applied shall provide such service subject to the availability of its representatives, according to the terms and conditions set forth in this Agreement. �c) Applied shall monitor, advise, and provide supplemental services as defined in this agreement during business hours, and in accordance with Applied's Managed Service policies then in effect. Applied shall provide scheduled remote and onsite support services in accordance with this agreement. Applied's representatives shall have and the CLIENT shall provide full access to the Network in order to affect the necessary monitoring and/or supplemental services. All services defined in this Agreement shall be provided during regular business hours, unless otherwise specified as stated above. d) Applied shall be obligated to provide service only at the Service Site(s) defined in this agreement as outlined in Appendix A. If the CLIENT desires to relocate, add or remove locations, the CLIENT shall give appropriate notice to Applied of its intention to relocate sixty (60) days in advance. Applied reserves the right to renegotiate service terms with respect to any relocation and/or addition of locations by the CLIENT. Such right includes the right to refuse service to Network at the relocation and/or new site. e) Applied is obligated to provide CLIENT with Service Agreements higher-priority response for emergency as well as non-emergency service requests. CLIENT RESPONSIBILITIES a) CLIENT shall provide adequate workspace, heat, light, ventilation, electric current and outlets, internet, remote access, and long-distance telephone access for use by Applied's representatives. b) CLIENT agrees that it will inform Applied of any modification, installation, or service performed on the Network by individuals not employed by Applied in order to assist Applied in providing an efficient and effective Managed Service support response. c) CLIENT will designate a managerial level representative to authorize all Managed Service support services. Whenever possible, said representative shall be present whenever an Applied service representative is on-site. This contact information shall be outlined in Appendix A, and it is the CLIENT'S responsibility to inform Applied of any changes made to this representation thirty (30) days in advance. SCOPE OF MANAGED SERVICE SUPPORT AGREEMENT: This Agreement is designed to provide the Account with centralized, proactive monitoring supplemental services for certain Networking Systems. This Agreement includes: LOCATION(S): Specific location(s) to be covered by this agreement can be found in Appendix A. SERVICE LIMITATIONS In addition to other limitations and conditions set forth in this Agreement, the following service and support limitations are expressed: a) Cost of consumables, replacement parts, hardware, software, network upgrades and associated services are outside the scope of this agreement. Applied will provide consultative specification, sourcing guidance and/or Time and Material/Project offerings. b) Except as otherwise stated in Appendix B of this agreement all Server, Network Device and Software upgrades and third party annual support contracts are outside the scope of this agreement. c) Manufacturer warranty parts and labor/services are outside the scope of this agreement. 17 Taber Road, Sherman, CT 067B4 860-898-0098 �d) Periodic reboots for such devices as firewalls, routers, and servers are required to apply/activate critical update patches and configuration changes. Applied's support services within this agreement are predicated upon the CLIENT'S support and commitment to providing time/scheduling for network device reboots with its staff and/or users support. e) Application software support is limited to the manufacturer's products listed in Appendix B: Printer maintenance support is limited to non-warranty servicing of printer products listed in Appendix B. f) Virus mitigation within the scope of this agreement is predicated on CLIENT satisfying recommended backup schemes and having appropriate Anti-Virus Software with current updates. g) Restoration of lost data caused by systems/hardware failure is outside the scope of this agreement. h) This agreement and support services herein are contingent on CLIENT'S permission of Applied having secure remote access into CLIENT'S network (e.g. VPN, Citrix/AccessIT, Telnet, SSH, RAS or other solution expressly approved by Applied). Depending on the remote access solution used, additional charges may apply to the contract. i) Support services required or requested outside the scope of this agreement may not be exchanged for days or services within this agreement. Outside of scope support services are available and will be provided on either a Time and Material, or Project basis. WARRANTIES AND DISCLAIMERS Applied makes, and the CLIENT receives, no warranty, express or implied, and all warranties of merchantability and fitness for a particular purpose are expressly excluded. In no event shall Applied or any of its Directors, Employees or Other Representatives be for any special, incidental, indirect, or consequential damages of any kind including, without limitations, those resulting from loss of data, income, profit, and on any theory of liability, arising out of or in connection with the services or use thereof even if it has been advised or has knowledge of the possibility of such damages. The CLIENT shall assume full responsibility for the overall effectiveness and efficiency of the operating environment in which the Network is to function. INDEMNIFICATION CLIENT hereby agrees to indemnify and defend at its sole expense: Applied, its employees, agents, representatives, directors and shareholders, from and against any and all claims arising out of or based upon CLIENT'S use of all services, software or hardware provided or serviced hereunder, including, but not limited to, claims based on software licensing violations, copyright infringement, trademark infringement and patent infringement. In addition, CLIENT agrees to pay any judgment and costs associated with such claim. CONTRACT TERMINATION Applied and/or CLIENT shall have the right to terminate this Agreement under any of the following conditions: - If one of the parties shall be declared insolvent or bankrupt. - If a petition is filed in any court and not dismissed in ninety days to declare one of the parties bankrupt and/or for a reorganization under the Bankruptcy Law or any similar statute. - If a Trustee in Bankruptcy or a Receiver or similar entity is appointed for one of the parties 17 Taber Road, Sherman, CT 06784 860-898-0098 �- If the CLIENT does not pay Applied within thirty (30) days from receipt of Applied's invoice and/or otherwise materially breaches this Agreement. - If Applied fails to perform its obligations under this Agreement and such failure continues for a period of thirty days after written notice of the default, the CLIENT shall have the right to terminate this Agreement. - Either party may terminate this Agreement upon thirty days (30) written notice. Upon termination, all hardware and software installed by Applied that was required to conduct network support services are the property of Applied and will be surrendered and returned to Applied at end of the agreement. REMEDIES In the event CLIENT terminates this Agreement for any reason other than a breach of the terms herein, CLIENT shall be entitled to a refund of any monies extended in advance of the month or part thereof for which services by Applied were last performed. INDEPENDENT ENGAGEMENT / NON-HIRE Because employees are one of our most valuable assets, policy and professional ethics require that our employees not seek employment with, or be offered employment by any CLIENT during the course of engagement and for period of one (1) year thereafter. Your signature on this document confirms your organizations agreement to adhere to this professional standard of conduct. CLIENT acknowledges that Applied is involved in a highly strategic and competitive business. CLIENT further acknowledges that CLIENT would gain substantial benefit and that Applied would be deprived of such benefit, if CLIENT were to directly hire any personnel employed by Applied. Except as otherwise provided by law, CLIENT shall not, without the prior written consent of Applied, solicit the employment of Applied personnel during the term of this Agreement and for a period of one (1) year following expiration of this Agreement. CLIENT agrees that Applied damages resulting from breach by CLIENT of this provision would be impracticable and that it would be extremely difficult to ascertain the actual amount of damages. Therefore, in the event CLIENT violates this provision, CLIENT shall immediately pay Applied an amount equal to 50% of employee's total annual compensation, as liquidated damages and Applied shall have the option to terminate this Agreement without further notice or liability to CLIENT. The amount of the liquidated damages reflected herein is not intended as a penalty and is reasonably calculated based upon the projected costs Applied would incur to identify, recruit, hire and train suitable replacements for such personnel. CONFIDENTIALITY This Confidentiality, Privacy and Compliance portion of this Agreement is in addition to other terms and conditions set forth in any and all contracts currently existing or hereafter created between CLIENT and Applied this agreement shall under no circumstances be deemed to alter any such contract except as specifically provided below. Applied acknowledges that in the course of providing services to said CLIENT, Applied may learn from CLIENT certain non-public personal and otherwise confidential information relating to said CLIENT, including its customers, consumers or employees. Applied shall regard any and all information it receives which in any way relates or pertains to said CLIENT, including its customers, consumers or employees as confidential. Applied shall take commercially reasonable steps to not disclose, reveal, copy, sell, transfer, assign, or distribute any part or parts of such information in any form, to any person or entity, or permit any of its employees, agents, or representatives to do so for any purpose other than purposes which serve CLIENT or as expressly and specifically permitted in writing by said CLIENT or as required by applicable law. Said CLIENT acknowledges that it also has responsibility to keep records and information of its business, customers, consumers, and employees, confidential. Said CLIENT also acknowledges that all information and services, 17 Taber Road, Sherman, CT 06784 860-898-0098 �consulting techniques, proposals, and documents disclosed by Applied or which comes to its attention during the course of business and provided under this agreement constitute valuable assets of, and confidential and/or proprietary to Applied. This provision shall survive termination of this Agreement and any other agreements between CLIENT & Applied. GENERAL PROVISIONS a) Sole Agreement: This Agreement constitutes the entire and only understanding and agreement between the parties hereto with respect to the subject matter hereof and, except as expressly set forth herein, maybe amended only by a writing signed by each of the parties hereto. b) Severability: If a court of competent jurisdiction determines that any terms or provision of this Agreement is invalid or unenforceable; such determination shall not affect the validity or enforceability of the remaining terms and provisions of this Agreement, which shall continue to be given full force and effect. c) Captions: The captions of the paragraphs of this Agreement are for convenience only and shall not affect in any way the meaning or interpretation of this Agreement or any of the provisions hereof. d) Binding Effect: This Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their heirs, legal representatives, personal representatives, administrators, successors, and permitted assigns, as the case may be. e) Waiver: Any failure of either party to comply with any obligation, covenant, agreement, or condition herein may be expressly waived, but oniy if such waiver is in writing and signed by the other parties. Any such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement, or conditions shall not operate as a waiver of and/or set precedence with respect to any subsequent and/or other failure. f) Governing Law: Not withstanding the place where this Agreement may be executed by any party, this Agreement, the rights and obligations of the parties, and any claims and disputes relating hereto shall be subject to and governed by the laws of the State of New York as applied to agreements among New York residents to be entered into and performed entirely within the State of New York, and such laws shall govern all aspects of this Agreement. The parties agree to submit to the personal jurisdiction and venue of the state and federal courts in the State of New York, in the Judicial Circuit for resolution of all disputes and causes of action arising out of this Agreement, and the parties hereby waive all questions of personal jurisdiction and venue of such courts, including, without limitation, the claim or defense therein that such courts constitute an inconvenient forum. g) Assignment: This Agreement and the rights and duties hereunder shall not be assignable by either party hereto except upon written consent of the other. h) Force Majeure: Applied shall not be liable for any problems due to external causes beyond its control including, but not limited to, terrorist acts, natural catastrophe, fire, flood, or other act of God, and/or power failure, virus propagation, improper shut down of the Network and related Network Systems/Services. i) Attorneys' Fees. In any action between the parties to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover all expenses, including reasonable attorneys' fees. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first below written. ACCEPTANCE: �Applied Office Solutions Signed: Printed: Title: ___ Date: The Village of Sleepy Hollow �APPENDIX A - Site Support Locations This agreement covers the following CLIENT locations: Site Number 1 Village: 2 Police: 3 4 Address Phone 28 Beekman Ave 10591 914-366-5144 28 Beekman Ave 10591 914-631-0800 Contact Anthony Giaccio John Kapica �APPENDIX B - Device Identification & Preventative Checklist This agreement is based on the following information agreed upon by you. Any changes to this information require an updated service agreement. DEVICES SUPPORTED BY THIS AGREEMENT The following devices are covered by this agreement: Since part of this service agreement includes device support, CLIENT is responsible for informing Applied of changes to the number of devices within five (5) business days. Under this agreement, the CLIENT is entitled to a quantity of supported devices as defined in the Managed Service. This device list has been provided by the Village of Sleepy Hollow. Any additional devices added to program will have an incremental cost of $89.00 per month per device. The monthly pricing will be automatically updated with the addition of a device. Emergency service to machines and equipment for which the service contract from the manufacturer is no longer in effect is not covered under this agreement. Such services will be provided on a time and materials basis. Applied support and maintenance is limited to items, services, hardware and applications found on the following lists: - Applications: Windows XP, Windows 2003, Windows 2008, Windows 7, Windows Vista, Windows 2000, MS Exchange, MS SQL, MS Outlook, MS Office Applications. - Firewalls: Sonicwall, Fortigate - Other Devices: Adtran Routers, Cisco Routers, 3com Switches, HP Switches - Preventative Maintenance Checklist Install Critical and Security updates on servers Review Antivirus status of servers Review Performance of servers Review Server Error Logs Review Backup status and make adjustments Review Environmental conditions of server facility Install Critical and Security updates on Mail servers Confirm Mail server backups Install Critical and Security updates on SQL servers Confirm SQL server backups Confirm remote access Install critical and security updates on workstations Update any client antivirus that is out of date Install critical and security updates on firewall �APPENDIX C - Monthly Pricing Structure The cost of the Manage Service program is based upon several key factors: 1. Base program cost that includes monitoring of specified devices. These are the devices that have been identified in Appendix B and the addendum which will require maintenance and support as determined by your organization's critical business functions (email, internet, file sharing etc). 2. Any additional servers or devices that exceed the device limit of the Managed Service Program. 3. Inclusion of any optional modules over and above the base program. 4. Total number of monthly pre-scheduled maintenance hours or block of hours that are required to maintain said devices, as determined by Applied. 5. Any additional dispatch, support or emergency fees. OPTIONAL PROGRAM MODULES You have decided to incorporate the following modules as part of the base program: Module Name Module Summary Anti-Spam Monitoring and adjustment of Google Postini Anti-Spam DNS Primary DNS service, monitoring, and adjustments for your Internet domains. Blackberry Manager Maintenance of Blackberry Enterprise Server on the Police Exchange Server Endpoint Security Managed Anti-Virus, Anti-Spyware and Anti-Malware MONTHLY PRESCHEDULED MAINTENANCE AND SUPPORT The Managed Service program includes pre-scheduled onsite and/or remote support and maintenance. Based on the number of users and devices within your organization, Applied will commit to having a technician onsite or working remotely from our Network Operation Center on a scheduled basis to assist you with any IT related issues or questions. Applied's scheduled day onsite at the Village will be Tuesday of each month. We will also continue to handle other requests and needs - both proactive and reactive ~ with a mix of remote support and additional on site time. Based on this information, the monthly program price for Village of Sleepy Hollow has been determined to be: $4,125, summarized in the table below: Program Components Component Cost Base Program Fee: $49,500 ($4,125 invoiced monthly in advance) Additional Servers / Devices $ Optional Modules: $ Scheduled Maintenance Support Hours / Blocks $ Initial Setup Fee $ TOTAL MANAGED SERVICE FEE: $49,500 ($4,125 invoiced monthly in advance) �Meeting Date: 08/24/2010 Resolution #: 08/132/2010 Resolution of the Board of Trustees of the Village of Sleepy Hollow Approving a Request for a Block Party BE IT RESOLVED that the Mayor and the Board of Trustees of the Village of Sleepy Hollow approve a request made by Lisa Buesse to have a Block party on Harwood Avenue, on Sunday, September 12, 2010 from 4:00 p.m. to 8:00 p.m., and BE IT FURTHER RESOLVED that a copy of this resolution will be sent to the Police Department and the Department of Public Works. Moved: Trustee Stupel Seconded: Trustee Campbell Absent: Deputy Mayor Capossela; Trustee Wompa, Trustee Carr Vote: 4-0 �1 am writing to get authorization for a block party. We'd like to send out the letter soon to our neighbors on Harwood. Date Sept 12 2010 On the block of Harwood between Monroe and Bellwood From 4-8 pm No. of people: 20-30 Thanks in advance. Lisa Beusse 524-9446 iisa.beusse@verizon.net David and Lois Hinman �Meeting: Resolution*: 08/24/2010 08/133/2010 Now therefore be it resolved the Board of Trustees hereby schedules a public hearing be held at 7:00 p.m., on Tuesday, September 14th, 2010 at Village Hall, 28 Beekman Avenue, Sleepy Hollow, NY, to hear and consider comments from members of the public regarding an increase to the water rates. Village Hall is accessible to the handicapped Moved: Trustee Schroedel Seconded: Trustee Campbell Absent: Deputy Mayor Capossela, Trustee Wompa, Trustee Carr. Vote: 4-0 �Whereas, an unanticipated issue has arisen with regard to the Route 9 Culvert Project, ie: an underground oil tank has been found while the work was being performed; and Whereas, a determination must be made as to the ownership of the tank; and Whereas, the oil tank must be removed in order for the project to be completed; and Whereas, the Village Engineer reviewed the issue and submitted a change request, Now Be It Resolved, that the Mayor and the Board of Trustees of the Village of Sleepy Hollow approve the attached change order for the Route 9 Culvert Project in the amount of $20,416.41 as recommended by the Village Engineer; and Be It Further Resolved that counsel is directed to take measures to recoup the costs of the removal remediation of the tank. Moved: Trustee Campbell Seconded: Trustee Schroedel Absent: Deputy Mayor Capossela, Trustee Wompa, Trustee Carr Vote: 4-0 �MEMORANDUM To Anthony Giaccio Village Administrator From James J. Halm, P.E. Town Consulting Engineer Dated August 23,2010 Subject Change Order #1 US Route 9 Culvert Replacement Project Village of Sleepy Hollow Attached for your review and approval, please find two copies of Change Order #1, dated August 23, 2010 in the amount of $20,416.41 for the referenced project. This Change Order includes excavation and remediation work to remove an underground storage tank under the existing sidewalks. This tank was not known during the bidding of the project and is in conflict with the proposed drainage improvements. The work includes removing the existing tank, without disturbing an existing water main and electrical conduits, testing surrounding soils for contamination, removal of any contaminated soils and backfilling with suitable material. In addition, delays to the installation of the current contract work caused by encountering this tank and additional Maintenance & Protection of Traffic are also included. The costs of removing the tank $2,600.00, and delays to Bradhurst Site Construction $3,522.40, were confirmed by our office. The cost for the remediation, testing and backfilling estimated based on an estimate of the time the Contractor anticipates completing the work, being one business day. The cost may increase or decrease depending upon the extent of contamination. Be advised, if the contamination is extensive and the duration to complete the remediation extends beyond one business day, the costs could increase dramatically. The amount of contamination can not be estimated until the tank is removed and soils below the tank are tested. Unforeseen conditions will be paid for based on the rate schedule and supporting documentation provided. �Anthony Giaccio Change Order #1 US Route 9 Culvert Replacement Project Village of Sleepy Hollow August 23,2010 We have reviewed and evaluated the attached costs and recommend that the Change Order be approved by the Village. At this time, it is estimated the project is below the contract amount by $8,000.00. Adding the cost of this additional work would add $12,416.41 to the total cost of the project. This tank is apparently not a Village owned tank and the cost of conducting die work in this Change Order should be explored by the Village. If there are any questions or comments, please do not hesitate to contact me at your earliest convenience. Enclosure P:\Village of Sleepy HollovARt 9 Culvert Replacement\Conespondence\VillageV Underground Storage Tank.doc �CHANGE ORDER NO. I August 23,2010 PROJECT! U.S. Route 9 Culvert Replacement Project Village of Sleepy Hollow CONTRACTOR: Bradhurst. Site Construction 140 Bradhurst Avenue Valhalla, NY 10595 TO: Mr. Mark Pugni You are directed to make the following changes to the referenced project. The work should be paid for as per the prices shown below. DESCRIPTION: Remove the existing underground storage tank (UST) uncovered on 8/17/10 to allow installation for the proposed 18 inch reinforced concrete pipe (RCP). Conduct soil testing and any necessary remediation and install clean fill after removing the UST. This work should be conducted in a manner to minimize any disturbance to surrounding structures and utilities and allow installation of the project in accordance with the Contract Documents. The cost of the Remediation work is estimated from the attached Rate Schedule from Elite Environmental, dated 8/19/10, and based on one business day to complete the work. Delay costs were documented by Hahn Engineering and Bradhurst Site Construction. COST SUMMARY: Remediation Subcontractor Tank Removal: Remove 1000 gallon UST at #285 N. Broadway Uncover and excavate around tank, cut, clean, and remove the tank from the project site. Enviro Vac Truck (Truck cost) Disposal of liquid within UST (Estimated) 1 Each @ $2,600.00 Ea 1 Each @ $275.00 Ea 200 Gallons @ $0.75 /Gallon S 2,600.00 $ 275.00 $ 150.00 Remediation; Excavator HAZ MAT Container Dump Truck Project Supervisor HAZ MAT Laborer (2 Laborers, 1 day) STARS Soil Samples TPH Soil Sample Unit Cost 1 Day @ $1,000.00/Day 1 Each@ $600.00 Ea 1 Day @ S350.00 / Day 4 Hours @ $100.00 / Hour 16 Hours @ $56.00 / Hour 2 Each @ $400.00 Each 1 Each @ $300.00 Each Cost Extension Unit Cost Cost Extension $1,000.00 $ 600.00 $ $ $ $ $ 350.00 400.00 896.00 800.00 300.00 �Change Order No. 1 US Route 9 Culvert Replacement Project Village of Sleepy Hollow August 23,2010 Remediation: Contaminated Soil Disposal Gravel Screened Fill Closure Report Bradhurst Site Construction Delays Associated with UST Interference 8/17/10 ~ CAT 318 Excavator w/ Operator 8/17/10 - Tri Axle Truck s w/ Driver 8/17/10-2 Laborers 8/17/10 - Superintendent 8/18/10 - CAT 318 Excavator w/ Operator 8/18/10 - Tri Axle Truck s w/ Driver 8/18/10-2 Laborers 8/18/10 - Superintendent Backfill UST excavation with Subbase Course Type 1 Additional Maintenance Protection of Traffic TOTAL COST OF CHANGE ORDER: Unit Cost 5 Tons @ $ 95.00 /Ton 5 Cubic Yards @ $46.00 / CY 5 Cubic Yards % $36,00 / CY $450.00 Lump Sum Subtotal Overhead & Profit (15%) Cost Extension $ 475.00 $ 230.00 $ 180.00 $ 450.00 $8,706.00 $1,305.90 Unit Cost 4 Hours® $160.00/Hour 4 Hours @ $115.00 / Hour 8 Hours @ $60.15 / Hour 1 Hours @ $90.00 / Hour 4 Hours© $160.00 /Hour 4 Hours @ $115.00 / Hour 8 Hours ® $60,15 / Hour 2 Hours ® $90.00 / Hour Cost Extension $ 640.00 $ 460.00 $ 481.20 $ 180.00 $ 640.00 $ 460.00 $ 481.20 $ 180.00 15 Cubic Yards® $35/CY $5,000.00 Lump Sum Subtotal Overhead & Profit (15%) $ 525.00 $ 5,000.00 $ 9,047.40 $ 1,357.11 $20,416.41 �Change Order No. I US Route 9 Culvert Replacement Project Village of Sleepy Hollow August 23, 2010 NEW CONTRACT PRICE: Contract price prior to this Change Order: Increase resulting from this Change Order: New Contract price including this Change Order: 147,617.50 20,416.41 168,033.91 The above changes are recommended for approval: Hahn Engineering Village Consulting Engineer By: James J. Hahn, P.E. Dated: The above changes are accepted: Village of Sleepy Hollow Mayor By: Kenneth Wray Dated: The above changes are accepted: Bradhurst Site Construction General Contractor By: Mark Pugni Dated: Page 3 of 3 P:\Village of Sleepy HollowXRt 9 Culvert Replacement\Correspondence\Village\CO 1 - #285 Tank Removal & Remediation.doc �Skepy JCoflbw Tin (Department Fire Patrol Co. No. 1 Organized. 1876 John E. Korzeiius Chief Engineer Pocantico Hook & Ladder Co. No. 1 Organized. 1878 William F. Ryan st 1ST Assistant Chief Rescue Hose Co. No. 1 Organized. 1887 Patrick S. Haggerty nd 2iND Assistant Chief Union Hose Co. No. 2 Organized. 1887 Columbia Hose Co. No. 3 Organized. 1899 1876 More than a Legend 28 Beekman Avenue Sleepy Hollow, New York 10591 Phone (914) 366-5119 • Fax (914) 332-1307 Email- sleepyhollowfire@vilIageofsleepyhoiIow.org 8/23/2010 Trustee David Schroedel Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, NY 10591 Trustee Schroedel: This letter is being sent to officially notify the Sleepy Hollow Board of Trustees of a significant incident which occurred on August 2, 2010. On Monday, August 2nd, 2010 at 4:08PM, The Sleepy Hollow Fire Department Marine Unit was dispatched by the Westchester County Department of Emergency Services on a report of a jumper in the water off the Tappan Zee Bridge. Marine 7, under the command of Chief Engineer John Korzeiius, responded to the scene. Joining Chief Korzeiius were Deputy Chief William Hennessey Sr, Lieutenant Gerry Navin and Firefighter Trent Bronner. Members of this crew had been cross-trained as EMTs, Water Rescue Technicians and Boat Operators. Marine 7, after having been given tide and current information, initiated a search of an area V2 mile north of the bridge. Approximately 5 minutes into the search, Lieutenant Gerry Navin on the port side of Marine 7 noticed the victim waiving his hand for assistance. Marine 7 was maneuvered to the victim by Deputy Chief William Hennessey Sr. Chief Korzeiius entered the water to attend to the victim. Shortly after Lieutenant Gerry Navin approached from behind to assist with Basic Life Support measures while the victim was still in the water. A member of the Tarrytown Fire Department jumped into the water with a backboard so the victim could be secured before hoisting onto Tarrytown Marine 5. The victim was boarded and collared then transported rapidly to the Tarrytown Municipal Dock on board Marine 5. The Tarrytown Volunteer Ambulance Corps transported the patient to the Westchester County Medical Center where he is alive today. Chief Korzeiius would like to take this opportunity to commend the volunteers who responded from Sleepy Holiow and Tarrytown. In particular, he would like to recognize the life saving efforts of William Hennessey Sr, Gerry Navin and Trent Bronner. It has been brought to our attention that this crew will be nominated for several awards by various organizations. The citizens of the Village of Sleepy Hollow should be proud to have volunteer professionals of this caliber in this Village. �Respectfully, Christopher G. Scelza Cc: Mayor Wray Board of Trustees Village Administrator Village Clerk Board of Fire Wardens Fire Companies �Skepy SHfbQbw Wire (Department Fire Patrol Co. No. 1 Organized. 1876 John E. Korzelius Chief Engineer / Pocantico Hook & Ladder Co. No. 1 Organized. 1878 William F. Ryan ST I s t Assistant Chief Rescue Hose Co. No. 1 Organized. 1887 Patrick S. Haggerty 2 n d Assistant Chief 1876 Union Hose Co. No. 2 Organized. 1887 Columbia Hose Co. No. 3 Organized. 1899 More than a Legend 28 Beekman Avenue Sleepy Hollow, New York 10591 Phone (914) 366-5119 • Fax (914) 332-1307 Email- sieepyhoHowfire@viilageofsleepyhollow.org 8/23/2010 Trustee David Schroedel Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, NY 10591 Trustee Schroedel: This letter is being sent to officially notify the Sleepy Hollow Board of Trustees of Department activity for July 2010. FULL DEPARTMENT RESPONSES - 15 MINOR ALARMS - 6 MUTUAL AID - 1 MARINE UNIT - 4 DRILLS/TRAINING - 3 AVERAGE RESPONSE TINE FROM THE TIME OF DISPATCH WAS 3:46. AVERAGE ATTENDANCE FOR THE MONTH WAS 8.5 FIREFIGHTERS PER CALL. In addition two members completed the necessary Firefighter One course at the Westchester County Fire Training Center in Valhalla. Three new members will begin their training at the end of September. Chief Engineer Cc: Mayor Wray Board of Trustees Village Administrator Village Clerk �Tree Condition Assessment Report and Risk Remediation Recommendations Douglas Park Playground Sleepy Hollow, NY Prepared For: Mr. Sean McCarthy Village Architect Village of Sleepy Hoilow 28 Beekman Avenue Sieepy Hollow, NY 10591 Prepared By: Patrick Parker ISA Certified Arborist NE-6287A August 23, 2010 • SAVAYREE KMinkM JTml A. JL*/ Mli Mli® Natural Resource Consulting �Summary All trees are at risk of failure under the appropriate conditions but my visual observations did not detect any conditions that would substantially increase the likelihood of premature failure of any of these trees except tree #5 which will eventually need to be removed in its entirety. Additionally, trees #3 and #5 each have one major leader at risk of failure that need to be addressed as soon as possible. However, some other conditions that indicate the possibility of premature failure were found that warrant further investigation. Considering that a playground is to be built in this area, and it is desirable to preserve these trees, I recommend that the conditions outlined below be investigated further using a combination of aerial inspections and resistograph testing. There are several remedial actions that should be implemented as outlined in this report to reduce the overall risk associated with these trees and I also recommend developing and implementing a Tree Construction Preservation Plan before site work begins, and a Post-Construction Tree Recovery Plan, in order to ensure that these trees will continue to remain healthy and contribute positively to the enjoyment of the playground for many years. Assignment At the request of Mr. Sean McCarthy, Village Architect, on August 13, 2010 I visually inspected five large trees located in Douglas Park at the site of the new Douglas Park Playground. The purpose of this inspection was to conduct a professional visual assessment of the overall condition of these trees and to make recommendations regarding the remediation of potential risk to the users of the new playground. The five trees inspected are numbered as indicated in the site drawing on page 5 and a summary of my observations and recommendations in table format is also included on page 6. Limits of Assignment This assessment was limited to visual inspection and trunk sounding using a mallet. No other testing or sampling was performed during this inspection. Observations and Recommendations Tree #1 is in good overall condition however, the location of this tree under the canopies of other large trees has resulted in its extensive growth to one side. This creates a condition where branches may grow long enough that they can no longer support themselves and are at risk of failure. Crown reduction pruning to reduce over extended branches and restore overall crown balance can reduce the chance of these branches failing. Crown cleaning (pruning) should also be performed to remove other potentially hazardous and unhealthy branches that are 1 inch in diameter or greater. There is visual evidence of minor decay in one large root that may be the result of past site disturbances. Due to the evidence of decay and the uneven weight distribution of the crown, �the trunk and roots of this tree should be inspected with a resistograph. This instrument is used to non-destructively determine the presence and extent of decay in tree trunks, branches, and roots in the areas that are tested. The results of the resistograph investigation can be used to make additional recommendations regarding any remedial actions required. Tree #2 is in good overall condition with evidence of minor root damage that may be the result of past site disturbances. There are also two hollow spots between the root flares that need to be investigated using a resistograph to determine the extent of any decay that may be present in these areas. The results of the resistograph investigation may indicate additional recommendations regarding remedial actions required beyond crown cleaning. Tree #3 is in good overall condition however sounding with a mallet indicated that there may be internal decay within the trunk of this tree. Signs of a common root rot fungus known as Armillaria mellea (the cause of shoestring root rot) were also found in the soil at the base of this tree though no evidence of infection was observed. This tree needs to be investigated using a resistograph to determine whether decay is actually present in the trunk and to what extent. The crown of this tree consists of several major leaders (large branches) that are all attached to the trunk at roughly the same point. In large mature trees these multiple points of attachment are often weak or contain decay and must be inspected aerially to determine the level of risk associated with this situation. Recommendations for remediation of this condition may include: 1. the installation of cables, braces and/or other supplemental support; 2. pruning to remove excess weight, to increase air flow through the canopy, and/or to amend poorly attached or decayed leaders; 3. removal of the entire tree. Crown cleaning and crown reduction pruning are also recommended if this tree can be preserved. Tree #4 is in good condition overall. The crown of this tree contains one large leader that is poorly attached to the trunk and is at risk of premature failure. There were also signs of Armillaria root rot fungus in the soil at the base of this tree. Even though there was no evidence of infection found, and sounding indicated the trunk to be solid this tree should also be inspected using a resistograph to probe for any hidden decay that may be the result of an undetected Armillaria infection. Remedial actions recommended for this tree include crown cleaning and crown reduction pruning, and the installation of a support cable and crown reduction pruning of the poorly attached leader. This poorly attached leader is at risk of failure and should be addressed as soon as possible. Tree #5 is in fair condition overall. The entire tree leans towards the playground area and contains some minor pockets of decay in the trunk and large roots associated with previous root injury and the presence of numerous bud burls at the base of the trunk. These bulges of excessive bud initiation and prolific shoot growth generally do not impair the integrity of the �trunks of trees but over time can serve as an entry point for wood decay causing organisms. This burl growth along with the excessive amount of shoots growing all aiong the trunk and the overall condition of the crown indicate that this tree is under considerable stress. There is also evidence of numerous attacks on the trunk of this tree by a bird known as the yellow-bellied sapsucker. This member of the woodpecker family injures trees by boring many smali holes through the bark to feed on the sap. Often these birds return to the same trees year after year and over time cause extensive damage that can allow the entry of wood decaying fungi. Additionally this tree has several large wounds, from the removal of limbs along the trunk, which can also serve as entry points for wood decay. The crown of this tree as in tree #3 consists of multiple leaders attached at roughly one point. One of these large leaders contains an extensive open cavity (hollow, decayed area) that indicates this leader is at imminent risk of failure. This decayed leader should be addressed immediately. In ail likelihood this entire tree will eventually need to be removed. Plans for the playground include a labyrinth designed around this tree and removal of the entire tree may be able to be delayed through the implementation of remedial actions. However, the plan for the playground should be reconsidered based on the condition of this tree. This tree should be inspected aerially to determine the structural condition of the crown and leader attachment points and a resistograph should be used to investigate the trunk and roots for decay. Recommendations based on these results may include immediate removal of the entire tree or crown cleaning and crown reduction pruning, and the installation of cables or other supplemental support and the development of a plan for removal of this tree over time. ��DBH 'io ° CO Q. 03 OJ • I f j j p 3 s l l C CD (0 (0 «CD <0 < CD CD ® « £ to j . jI Slight trunk lean Evidence of previous root damage/disturbance Possibly hollow at base o o v> o "1 Q 'o 0 o c "O •> » UJ j! Sounding indicates possible internal decay jI Multiple leaders at one point of attachment Armillaria root rot present in soil ||Sg rCO CM CM CO CM CO ro 1 • H fits Wi.; lill 0i St? m It I - Briv. Mi TS .ID fo C • G> •B •-j ® S§ saiili s E li-M: CM C O Ii Bud burls at base with minor pockets of decay j Numerous water sprouts growing along trunk Extensive sapsucker injury along trunk ! Large pruning wounds on trunk Evidence of previous root damage/disturbance Leans toward playground | Multiple leaders at one point of attachment I |I Armillaria root rot present in soil II gj Tuliptree, I Tulip or Yellow Popiar E CS3 CO E CO pi 1/3 I I Removal | Remove decayed leader Crown clean 1" Crown reduce 25% I install cables Plan for removal j Resistograph | | I I I j I I Crown clean 1" I Crown reduce 10% j Install cable ] I I I II Crown clean 1" | Crown reduce 20% Install cables ] Resistograph ] inspect attachment points I |Resistograph |! Inspect canopy for decay I ] ] I I Crown clean 1" | j Crown clean 1" . Crown reduce 10-15% j j[ Resistograph j m 38 I Liriodendron tulipifera o Q \ £ Sllll fmM 03 o c CO -B «3 1 Liriodendron tulipifera jI Tuliptree, Tulip or Yellow Poplar JS Liriodendron tulipifera j Tuliptree, Tulip or Yellow Poplar mmm iflllii |I Sugar Maple w Acer saccharum CL . JS | Unbalanced crown j Over extended branches 3 O k. O) Liriodendron tulipifera j Tuliptree, j Tulip or Yellow Poplar C Further Investigations Recommended j I Resistograph j *U MSI « < ffi O :<D 13 CO _CD 'TO JO CD o ,c j> <0 -'c •0 o �UeAxJ OrB ORIGINAL APPLICATION NOTICE FORM for Providing 30-Day Advance Notice to a Local Municipality or Community Board 'standardized STATE OF NEW YORK EXECUTIVE DEPARTMENT ^UC In connection with the submission to the Stale Liquor Authority of the DIVISION OF ALCOHOLIC BEVERAGE CONTROL Applicant's Original (First) On-Premises Alcoholic Beverage License Application for the Establishment Identified in this Notice (Psa& 1 of 2) STATE LIQUOR AUTHORITY IQEOLEHK Date the Original copy of this Notice was Mailed to the Local Municipality or Community Board: 1 ®§IIP " FOLLOW! NO L ' OCAL .M Wt ClfALiTY OR C( WzWovJ Restaurant {Sale of Food Primarily; Full Food Menu; Kitchen run by Chef) 12. Type of Establishment: w t i ("X" all e=> that apply) Club (e.g. G o l f / Fraternal Org.) 0 ! ( ! kive j Music | j Village Tavern-Restaurant [A mixed-use establishment that I h a s both a sit-down dining area and a "stand-up" bar where patrons may receive direct deliveries of alcohol) I j Disk [ Jockey j J Bed & I Breakfast | I Juke | Box i Catering j Facility I j 1 Patron Dancing [ {Smali Scale} j j [ I Stage j Shows i j (LW16, Tavern / Cocktail Lounge / Adult Venue / Bar (Alcohol sales primarily - m e e t s legal minimum food availability requirements) I Cabaret, Night Club, Discotheque [ (Large Scale Dance Club) I Topless j Entertainment Proposed Outdoor Area(s): 14. Will the proposed License Holder or a Manager be physically present within the establishment during All Hours of Operation? ( " X ' pnc): n s s * Freestanding Structure Garden / Grounds n Covered i Capacity for 600 | or more fpatrons Other (Specify): 13. None [ j Other (Specify): YES 7 15. Application Serial Number: 16. The Applicant's Pull Name, a s it will appear in the application for the On-Premlses Alcoholic Beverage License, is: 17. The Full Name of the Applicant's proposed licensed Establishment (the Trade Name under which the proposed Licensed Establishment will conduct businc§s}-is: fAjQJfiUi v^o^ 1 or LQyf "b b^-fo • ^ ^ NO ^ 18. 19. 20. 21. 22. 23. 24. IF YOU KNOW - 25. Tii!: • 26. . Was there ever an alcoholic beverage license in effect for the space where you intend to operate your licensed establishment? yOWN^^ Does the Applicant own the building in which the proposed Licensed Establishment will be located? ("X" one) 27. Building Owner's Full Name is: 28. Building Owner's Street Address: 29. 30. • Y e s ED City, Town, or Village: Yes O N o EH THE PROPOSED LICENSED ESTABLISHMENT WILL BE LOCATED r ) If "YES", SKIP items No. 27, 28, 29, & 30 ^ Godirectly to item No. 31, and complete the form. No / t P O j n EH ? I Don't Knox •. If "NO", ANSWER items No. 27, 28, 29, & 30. Then continue to Item No. 31, and complete the form. Zip Code: Business Telephone Number of Building Owner: (2-11-2009, 0,1 (02) �ORIGINAL APPLICATION NOTICE FORM for Providing a 30-Day Advance Notice to a Local Municipality or Community Board Standardized STATE OF NEW YORK EXECUTIVE DEPARTMENT in connection with She submission to the State Liquor Authority of the DIVISION OF ALCOHOLIC BEVERAGE CONTROL Applicant's Original (First-) On-Premises Alcoholic Beverage License Application for the Establishment Identified to this Notice (Facte 2 of 2) STATE LIQUOR AUTHORITY 15. Application Serial Number: j 16. The Applicant's Full Name, a s it will appear in the application for the On-Premises Alcoholic Beverage License, is: 17. Thp Full Wamp nf thf Applicant's proposed licensed Establishment (the Trade Name u n d e r which the proposed Licensed Establishment will conduct business) is: / §s; IF YOU KNOW - 31. is a business that is licensed to sell alcoholic beverages currently being conducted in the space where you intend to operate your licensed establishment? Y e s 1-.'—1 Are you buying any assess) owned by the operator of the licensed business currently being conducted in the space where you intend to operate your licensed establishment? (For example: good will, equipment, furniture, cookware, dishware, etc.) 32. Yes L«J No • No • | ' WHERE THE APPLICANT 1NTKNDS TO OPEItATS HIS/illiH/ITS PRoVSsKD licKNSKO E^MJLISlVMEKT7l'i.EASE^RbVlDE . " INFORMATIOIH REISARDING ANY BUSINESS LICENSED TO SELL ALCOHOLIC BEVERAGES THAT WAS MOST RECENTLY OPERATED IN THE SPACE ; IF YOU KNOW - 33. Was a business that was licensed to sell alcoholic beverages previously conducted in the space where you intend to operate your licensed establishment? Are you buying any assct(s) owned by the operator of the licensed business that was most recently conducted in the space where you intend to operate your licensed establishment? (For example; good will, equipment, furniture, cookware, dishware, etc.) 34. Yes • No CD Yes EH No O I Don't K n o w J ^ X , IV YOU ANSWERED "YES" TO ITEM NO. 31 or XI or .-33 or 34, THEN PL1CASE AN3WBR ITEMS NO: 35 and 36 and 37 and 38 and. 39. INFORMATION ABOUT THE OPKliATOK OF THE LICENSED BUSINESS CURRENTLY BEING.CONDUCTED (OR MOST RECENTLY CONDUCTED) IN THE SPACE l^lsc-^p INFORMATION: IF YOU KNOW - I Don't K n o w / L J The Full Name of the licensed Establishment (the Trade Name) now being operated {or that was most recently operated) in the space where you intend to operate your licensed establishment; I Don't K n o \ \ 0 ^ JF YOU KNOW - The alcoholic beverage license serial number of the business now being conducted for that was most recently conducted) in the space where you intend to operate your licensed establishment: I Don't Know IF YOU KNOW - T h e T y p e o f A l c o h o ! j c B e v erage Licensc held by the current (or most recent) licensed operator: 35. IF YOU KNOW 36. 37. 38. IF YOU KNOW - 39. \ The Full Name of the Operator of the licensed business now being conducted {or that was most recently conducted} in the space where you intend to operate your licensed establishment: I Don't K n o v ^ & N Telephone Number of the current licensed operator or the most recent licensed operator: I f f , , Original Applical ion * , P P - v e d 1 am the P ™ _J ,vho wiU hold the licoos^ „ . am a P r i r < ^ l of t h e c a l Fnt^v t J - v - H I Don't K n o w f t l j Z x ^ L ' ' 40. l| this form till be alsoreliedupon by the Authority, and-that false reorescmatioi]& in any document :• • submitted to the Authority may Result in revocation of any license that may be issued,. • Printed Name Tide Signature V ^{CWu C\ ZM i 5 ^ 0 0 I W x yXfr/luu 12-1i-300a.f>,2 (0?) �MDK BUSTO LLC d/b/a The Huddle 92 Beekman Ave Sleepy Hollow, New York 10591 July 26, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED Item # 7005 1160 0000 6521 3300 MS. PAULA MCCARTHY, Village Clerk Village of Sleepy Hollow 28 Beekman Avenue, 2 nd Floor Sleepy Hollow, New York 10591 RE: APPLICATION FOR AN ON=PREMISES. LIQUOR LICENSE Dear Ms. McCarthy Pursuant to the Alcoholic Beverage Control Law, Section 64, Subdivision 2a enclosed is the ORIGINAL APPLICATION Notice form for the application of MDK BUSTO LLC d/b/a The Huddle for an ON-PREMISES Liquor License for the premises at 92 Beekman Ave., Sleepy Hollow, New York 10591. VERY TRULY YOURS: MDK BUSTO LLC �SUnviat'diied STATE OP NEW YORK SXSCirafVfc DEPARTMENT mvjmot of MXomn.K. bevkkage control STATE UQiJOfc AUTHOMTY to atmecston vtth the submission no (he StonetiquotAuthority of tfe APttMflmrt..' fojjhsjaa&g^^ _ ^'•T^Tnggr Date the Original copy of tfiio Notice was Mailed to the Loc&i Municipality or Community Board: | Q I 1 N M M-UFTX M & M C R , M M A S M M M O MAILED TO - M A CLERK O F • W S M M I M LOCAL W M C & M R V O R C O W M J I W W M O M M 2. I ta; (£m±8LM of the Ivootf Mimidp».!iiy o>- Coioyaunity Board.: | V i l l a g e OX S l e e p y M H O i l O W snest Addrww of Local Municipality or Community Board: , 2 8 B e s k f f i a n A V'@ Sleepy Hollow City, Town, or Vfttege: Tstepliorte Nurabar af Clerk of Local Municipality or Community Board: THE AP^UCASTIN CONNECTION WfTK THE APW^CAKTS Q&xmM. pusw) QM-msmm® ACHOLIC MSVKRASE UCBKSE APPLICATION FOR r m Esrmusm&mr gtsmmm w n m mnca Attorney's Street Address: City, Town, or Village: i!Uni«Mbwi«» Zip Code: Businew Terk-phoae Number of Attorney: iMIkm R M MMMAWST AS M I M M * { W M M APF&JECATIQN FOK AW O N - F K S M S E ® ALCOHOLIC LICENSE ' M A TKIE^RFIKD' ESTABLISHMENT ~ THE TI$TE O F E U S N M S A V M C S M M A A O W Beer • SOnly of Alroho! to be acid under the license { a o f i ) : Extent of E'ood Service: 12 CWsm} Type of Establishment: ("XT ali tzefr time apply) Proposed Outdoor Arrets): x | Restaurant (Sate of Food Prini&nly; PuJ! Food Menu; r, Kitchcn ran by ChcJ) • Hotel live Music Club 'e.g. Got? / Fr^malOTE-5 None j I Wine and Besr OnJy [ X f Liquor, Wine, a n d Beer { T a w m - R e s t a u r a n t (A mixed-use establishment that. ( h a s bath a sit-down dining ansa arid a "stand-up" bar whete patrons may reoeive direct deliveries of alcohol) Disk Jockey Jute Box r i ^ b r o n Dfuiemg f [ j (Smnll Scale) ] Cabaret, Night Club, Discotheque Scale Dance Club} Bed & 5 L J Breakfast j j Facility • thws P I Ent^innifim CfSurd«n / Frefletanding Fsatio Hooftop Grounds Covered Structut^ or Dtck f~l Will the proposed Lkvnse Holder or a MariSget be physically piwsani within the esiabtishnient duririf, T « m / Cocktail Lounge / Adult Venue / j Bar {Alcohol saJcs primarily - meets legal minimum food availability requirements! F" j f Capacity:y (or 6 0 0 J or moitv pntrwria F jffixcXy!^®S t a U i" a II. t Other (8peo'fyj: Houra of Oi»ystu>a? ("XT gflgj: Applicwtior)feialNumber: Thfc aa it will iappear in tlw «ppitcetiot> tolic IBeveis«e License, is; for th« 07i-P?'«n!»:s Alcoholic _ _ „ ^XVj^lSU.S t O L L C i Vm L nNf«ue of the Applicant's proposed licenced Estabji^ntcn^jf^; Trgjej^."?''? ef ™ ' ^ wltich the ptPpoasd Licca^d Estal^Hahmen/tyjll cortduc; bu^ncaw) is: T h e H u d d l s The Applicaiu'e propoertd Uc«nissd EaKiblishmeiu is ioco.l within the building which has the foUowing Street Addires City, Town, or V^la^Tj The- proposed viotnsfid ISstabijshiw.nt wiii be located on the f o B o w i n g l l o c ^ ' l s r m r ^ t ^ ^ above address: j 1 S t > £ 1 « & b s i T l H fc WWiin Ihe !»iildii'i« at the above address, tlw proposed Licensed Establishment wili b t legated within the roo!«{s) numbered aa fellows; Business Telephone Wumtwr of the AppSicant: I Business Fax Number of the Applicant: I Business E -Mail Adduces of 25, 26. Appiicant: * I > nwMU JF YOU KHOW - Was tliCTK t w an aJcoholic beverage license in effect for the space where you intend to operate your licensed establishment? Yea No O I Dont Know • OTOC1R OFTOEwmmmo m WHICH rtm. moKJSED UCENSKD E^ABUSI&^NT v m l m w c m Z Dots the Applicant t w n the building in which the proposed Ucen»»d Ksiabiishmcnr will be tocaled? (-SST'fifJS) Yes • Buildiitg Owner's Full Name is: BuiJdmg Owner's Street Address: City, Town, or Village"! S l e e p y H o l l o w Business Tct-'rplixif'c Kumfer of QuikJing Owner; If *YES*, items No. 27, 28, 29, & 3 0 Go directly to Item No. 31, and complete the form. If'flC, hmwm items No. 27, M, 29, % 30, Thsn continue to item No. 31, md conipjetc the forai. �Sumetarchzed ORIGl^AS,, ArJCX&l./* STAYS OF NEW YORK EXECUTIVE KJXUPARTMENT D5VIS50H Oi ALCOHOLIC BEVERAGE CONTMW, STATE LJQVOK AUTHORITY WKSM; IF YOU KNOW - V-eLscem*.. in sxmeuion with the .mbmliHon w the Sto$c iMper Mtsh/jrity ofOk 'tm t&mom? W N M O S T O OPERATE HIS/HER/PTS PROPOSED UCERSBD E&rmmmmm rjwwwuiwiiimiww Don't Know U Yes Q ta a b u s i n e s s that i% licenced to sett alcoholic beverages c u r r e n c y baing conducted in the space where you intend to operate your liceswed csubttuhtnent? Arc you b u y i n g a n y a s s e s s } owned by t h e operator of the licensed b u s i n e s s current.5? being conducted in t h e space' where you in lend to operate your licensed e a t a b M i m e m ? {For example: good wili, equipment, f u r n i t u r e , cookware, dishwasx, etc,) Yes • W YOU mmrm®& ^ A S T T O N®M os" 32, SKIP fTEM3 NO. J33 <wui 34, QO DJK&CTLYTOITOHFRKA 35, 36,37,33,3S»ftMm. a?mvAwwmm?3i!&wBgm&'M mA 32, n m m PKOVIDE THE mKiRMMtoM miQiTEgmte m ITEMS HO. 33 anet w. 1 '"» 1 •'wn—j>nmin111 wi.inff »ttmij wtww^iMwvvorMi* TO 8&U, SBUH3&SffiKEKB ^ IF A M M H E S S UCBK3ED. ATJCOHOUC BEWBKAGK3ISJKOE S I M M M TTTLI SPFTCE WHERE THE A M I C A W ? IFFTODS T O OPTOATE HS8/HKS/ITS M 0 P 0 3 E D UCENSKD FOTABUSHKSBOT", P L & A » PROVIDE I i; 33. 34. IF YOU KNOW Are you buying «uiy Was a b u s i n e s s t h a t w a s licensed to sell a c h o l i c beverages previously conducted in the aj*tce where you intend to operate .your iicwiscd establishment? ws&ct(a) owned Yes • omlr&tor OF tm ucsmm THE WHERE TKB APPLICANT IF YOU KNOW The e.tcohciie beverage license owriai n u m b e r of the b u s i n e s s now beitsg conducted (or that m o s t recently conducted) in Uie apuoe where you intend to operate your licensed establisiimcuf. WOW - No S3 N M C M W F mmmsvsm w T H S SPACE wtmm mtmrn tm mmMmmimmm&Ttmt The Fuli Name of the licensed: E » w M s f a « e n t (the Trade Name) now Ivnng operated (or that w®.v jnosl recently operated) in t h e sr>acc where you intend to ojiwmte your licensed establishrnt'nt: JF YOU lO'KOW • ! Don 't Know CVMMTTFTR M M & C & M R N M M TAX LICENSED ESRASJI3KMENT. iK YOU KNOW 36. 39 mmiss to OPERATE M S / H E R / H S The Full Kcuwe of t h e Operator of the licensed busme.-js m w being w n r t u c t o d (or t h a t w a s most recently eonducirM) in the s p a c e where you intend to operate y o u r littMijwd e.steblis^jncnt: 35. No • opatmJ.br by the of t h e i i c e n w d b u s i n e s s t h a t w&a mofst rwce/itly conducted in the space where you intend to o p s r a w y o w licensed establishment? (For ejtampie: good will, equiptawit, furniture, cookware, diebivttfe, eta.) mrmMAmm mam 38. yes The Typfc of Alcoholic Bevcra^i; i i c e n s e held by the cuiTen? (or most recent) licemscd operator: Pete Gus Town Tavern Town T a v e r n 1051869 On-Premises T^Jtphone Number of t h e c u r r e n t licensed operai or or t h e mcAl retsnt. licensed operator: Liquor • *¥boiift Knew I Don't. Know • 1 Don't Know • ± ! Dorj'f. Know • i Don't Know EI (MmMMti vmw: Mu*Jr.*9rrc7H*m<v If Hat Oi%m;i App^^tbn I a«i the Pereon who wtU hold the Lkense or) am a ftindpal the tegai Ikititytintmil hoto the Ucmoe. m thisfisimars in fuU confonnity withrepreaentatior;saacide in dccummt* that fc«n sisbmittM {0r documemte that will be submitted) to the State liquor Authority, tmd «&Ue<l upon by the Awiiimity. 1 understood tj»t reprmentatioiu made in this foim wffi be alsoreliedupon by the Authority, and tlmt Mm reproaenttttions in a»y cS^umtnt submitted to the Authority may result m. revocation of any Kceisae (hat zmy bis imixxd. By my signature, 1 affirm - under PWlfcy - that the reprewntations made in thisformare tru®. Manuel Busto III Managing Member J-1KJOM t) � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-08-24 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/88794e9779bc89965920253b44d74b4c.pdf 9275692c012c774094a9f5496c9652df PDF Text Text The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, August 10,2010 in Village Hall, 28 Beekman Avenue, Sleepy Holiow, New York. Present: Mayor Kenneth G. Wray Bruce Campbell Evelyn Stupel Barbara Carr Karin Wompa David Schroedel, Trustees Deputy Mayor Thomas Capossela (Absent) Also Present: Anthony P. Giaccio, Village Administrator Sara DiGiacomo, Village Treasurer Janet Gandolfo, Village Counsel Richard Gross, Village General Foreman Sean E. McCarthy, Village Building Inspector John Kapica, Police Chief At 7:00 p.m. the Mayor called the meeting to order with a prayer and pledge to the flag. Approval of Minutes Trustee Campbell pointed out that on page 2 of the July 6, 2010 minutes it made mention of the Government Relations Committee, it should be changed to Community Relations Committee. Trustee Campbell moved, seconded by the Trustee Stupel to approve the July 6,2010 minutes as amended. Motion Carried 5-0 Approval of Warrants: Trustee Schroedel moved, seconded by Trustee Campbell to approve warrants 10AUG10A*, 10AUG10B, 10AUG10C in the total amount of $286,338.66. Motion carried 5-0. * (Senior Luncheon was removed). Mayor's Announcements Mayor Wray announced that there will be a 10k road race on October 23, 2010 beginning at Morse School. The event Is being organized by the Rivertown Roadrunners. The Mayor said that this aiso may be a precursor to a larger half marathon scheduled for the Spring. Public Comments: P Yomaris Valenclo asked the Board if they would reconsider their decision not to allow amplified music in the Kingsland Point Park for an Ecuadorian music festival. Ken Torosian complained about Historic Hudson Valley's Halloween event. He said that tents were erected without a permit and that the show is inappropriate. He also has concerns about noise and traffic. Mayor Wray asked Mr. McCarthy to investigate whether or not proper permits were granted. �Trustee Reports: Trustee Schroedel gave a Department of Public Works report (attached) Trustee Schroedel informed the Board that the Finance Committee is recommending adopting New York State's Early Retirement Incentive Program Part A only with a 60 day opt-in time limit. Trustee Schroedel read the attached letter related Detective Checchi. Trustee Schroedel read a letter (attached) from the Fire Department and acknowledged the actions of the Fire Chief. Trustee Carr reported that there will be a senior citizen meeting next week. Trustee Campbell requested that an arborist look at trees near the new playground at Dougias Park. Trustee Campbell reported that there were serious over-crowding issues at Kingsland Point Park this past Sunday and that the Recreation Committee is making the attached recommendations. Trustee Stupel agreed with Trustee Campbell that the park was over-crowded. Discussion ensued. The Board discussed not to allow buses in the park, not allowing portable generators and public address systems. Trustee Wompa acknowledged Trustee Schroedei's efforts related to Detective Checchi. Trustee Stupel reported that the Safe Housing and Code Enforcement Committee is meeting regularly to discuss fines and policies. Administrator Report: - See attached Resolutions: - See attached New Business Trustee Carr said that the Garden Club's Tulip Festival took place this past Sunday and recommended that a notice of the new leaf blower law go out with the water bills. Discussion ensued. Executive Session At 8:30, on a motion made by Trustee Schroedel and seconded by Trustee Carr and carried unanimously the Board moved into executive session to discuss personnel matters. At 9:10, on a motion made by Trustee Schroedel and seconded by Trustee Carr and carried unanimously the Board moved out of executive session. On motion by Trustee Schroedel, Seconded by Trustee Carr the meeting was adjourned at 9:12 p.m. Respectfully submitted, Village Administrator �D P W REPORT FOR TUESDAY August 10, 2010 Sidewalks on Beekman Ave., Valley St., and North Washington St. are being repaired. Some residents of Sleepy Hoiiow M a n o r may experience some brown water this week due to Kendall-on-Hudson doing flow tests on their hydrants. This work is being done at night. There is a company doing a leak detection survey on the Village water system. This work is being done at night. The company name is "NY Leak Detection" Their Vans are marked and they will be opening valve boxes and manholes in the street. There is no need for any of their employees to enter homes. A n y problems please don't hesitate to call the SHPD> Road Milling will start this Thursday August 12 th starting on Clinton St. All cars must be moved by 6 A M or they will be towed. Signs have been posted and fliers have been placed at every residence. Parts of Depeyster S t and Farrington Ave. fd also will be milled. 1 anticipate paving the week of August 23 . e �Public Safety Report: I want to mention that Detective Bobby Checci retired from our police force, effective August 1st after serving this community for 24 years. As some of you may know, Bobby is gravely ill and a patient at Calvary Hospital in the Bronx. Last Monday, through the efforts of Chief Kapica and a private citizen, Glenn Rosenbloom, Bobby received a visit from New York Yankee manager Joe Girardi and his son. He was shocked, to say the least. During the visit, Bobby mentioned he'd love to see just one more Yankee game and Mr. Girardi offered to make that happen, as long as we could get Bobby to and from the Stadium on Wednesday. Everyone went into high gear and with the Mayor's approval, three of our officers, Lt, Hrotko, Sgt. D'AIessandro, and Sgt. Bueti took one of our Village ambulances and accompanied Bobby to Yankee Stadium last Wednesday. They were brought to a Yankee suite where Robinson Cano, Mark Teixeira, Mariano Rivera, Derek Jeter and a number of other players and Brian Cashman met with them prior to the game. Of course, the Yankees won and during the post-game interview, Joe Girardi was asked about Alex Rodriguez hitting his 600th home run in the first inning. Without missing a beat, Joe stated, "Oh, Bobby Checci called that." To top it all off, it was Bobby's birthday, too. On behalf of the Village of Sleepy Hollow I want to take this opportunity to thank the great New York Yankees organization, all their players, and especially Manager Joe Girardi, who took time to reach out to one of our own guys in a time of difficulty. They did so without fanfare or seeking publicity. 1 also want to give special thanks to both Chief Kapica and Glenn Rosenbloom for making this happen. p p �Kings land Park Tuesday August 10, 2010 Immediate addition to Park Rules: ® No buses ® No public address systems or portable generators Additional steps: • • • • ® ® • Reassign staff so park is covered at all times Police enforce no parking along Palmer Ave and at train station Review all existing park permits Recreation Supervisor on site for every permit issued Recreation Supervisor alert DPW and SHPD re every permit issued Close gates, barriers and announce one hour before park closing Make sure permit holders have insurance certificate Possible future steps: • • • Issue permits for groups (15-200) not for use of a facility Increase deposit to $1,000, Allow Sleepy Hollow residents to apply for a free park pass �VILLAGE PROJECTS STATUS ESTIMATE ACTUAL Shaft 9 Pump Station Bid Awarded $1,000,000 $800,000 Pocantico Sidewalks Near Completion $200,000 $176,472.50 $125,000 Barnhart Streetscape Near Completion $500,000 $513,430 $360,000 Completed Recently Started $200,000 $219,758.40 Developers Fund $50,000 $50,000 Developers Fund Route 9 Culvert Recently Started $200,000 $147,617.50 None Fuel Pumps Completed $65,000 $76,000 None Senior Center Near Completion $3,500,000 $3,100,000 $350,000 Morse School Park Recently Started In-Kind $331,000 in-Kind Devries Lights Douglas Park Playground DeVries Park Playground Design Phase Route 9 Sidewalks Design Phase Design Phase Kendall Sidewalks GRANT None None $248,000 $1,390,000 $932,782 $150,000 $100,000 SHAFT 9 PUMP STATION. -This is a project to make upgrades to the Shaft 9 pump station enabling the Village to draw water from the Croton Aqueduct Sometime later this year, New York City will be shutting down the Catskili Aqueduct for repairs. The Catskill Aqueduct is currently the Village's only source of water. Bids have been awarded for this project and work will begin shortly. Original estimate for this project was $1 million. The bids for the site work and pump station have been awarded totaling approximately $800,000. W e can expect some extras for work that will also improve the Shaft 10 Pump Station. This project should come in below budget regardless. POCANTICO STREET SIDEWALKS - This is a Community Development Block Grant Project. The Village received $125,000 from the County for this project. Village's match is slightly more than $50,000. The project is nearly complete. This project is on budget. BARNHART STREETSCAPE PROJECT-This is a Community Development Block Grant Project. The Project has been completed except the Village is not satisfied with some of the work and has required the contractor to return. The Village is holding off final payment until the work meets our satisfaction. Including the sidewalks on Elm Street that are being completed by another contractor, the total cost of this project will be approximately $515,000 with the County contribute^360,000. This project came in slightly over budget due to two extras previously approved by the Board. c DEVRIES LIGHTS - This project is completed. The Village Board authorized that $200,000 be taken P out of the Developers Fund for this project. The bid came in at $219,758.40 and there was one extra associated with the footings for the light posts. In addition, we need to replace the sports netting that was attached to the old lights. We are currently getting estimates for this work. �DOUGLAS PARK PLAYGROUND - The final design for this Natural Playground has been completed and work has begun. A small 2 to 5 year old play structure wiii be installed on Monday or Tuesday of next week. The Village Board allocated $50,000 from the Developers Fund for this project. ROUTE 9 CULVERT PROJECT-The long awaited Route 9 Culvert Project has finally started. A culvert along Route 9 just north of Beekman Avenue collapsed causing damage to the sidewalk and road. Work for this project was estimated to cost $200,000. The lowest bidder came in at $147,617.50. Work should be completed within two or three weeks. DPW FUEL PUMPS - This project is complete with the exception of the installation of computerized rings that have to be installed on each Village vehicle. The rings communicate with the fuel pump computer system and monitors important data related to the vehicles. Do date, the contractor has only provided us with about 20 rings. Final payment is being withheld until all of the rings are received. SENIOR CENTER - The final financial analysts for the senior center is not yet available, but early indications show that we will come in well below budget. We also received close to $500,000 in grant money for this project. This project has taken longer than expected, but should be completed shortly. !f the Board is interested, I believe it is safe to schedule the September 21 work session at the senior center. MORSE SCHOOL PARK-The Village, Downtown Revitalization Corp and School District have collaborated on this project to improve the front of Morse School. The Project will not only benefit the students at Morse School, but local residents will be able to utilize the new playground, passive park and community gardens when School is not in session. The work will also help to beautify downtown Beekman Avenue. FUTURE PROJECTS - Next year the Village will be under taking three major projects. The Devries Park Playground, Route 9 Streetscape Project and Water tank. Preliminary work has begun on each of these projects. r> �Meeting date: 8/10/2010 Resolution*: 8/125/2010 Whereas, New York State has authorized a local law electing a retirement incentive program; and Whereas, the Village of Sleepy Hollow has held a Public Hearing to hear and consider comments regarding said local law; Whereas, after careful consideration the Board of Trustees has elected the retirement program as authorized by Chapter 105, Laws of 2010 for the eligible employees of the Village of Sleepy Hollow; Now therefore be it enacted by the Board of Trustees of the Village of Sleepy Hollow, as follows: 1. The Village of Sleepy Hollow hereby elects to provide all of its eligible employees with a retirement incentive program authorized by Chapter 105; Laws of 2010. (Part A additional service credit option) 2. The commencement date of the retirement incentive program shall be September 1, 2010. 3. The open period, during which eligible employees may retire and receive the additional retirement benefits, shall be 60 days in length. 4. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this local law shall be paid as one lump sum, or in five annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees' Retirement System, and it shall be paid by the Village of Sleepy Hollow for each employee who receives the retirement benefits payable under this local law. p 5. This act shall take effect August 31, 2010. Moved: Trustee Schroedel Absent: Deputy Mayor Capossela Seconded: Trustee Carr * Vote: 5-0 �Meeting Date: 08/10/2010 Resolution #: 08/126/2010 Resolution of the Board of Trustees of the Village of Sleepy Hollow Approving a Request from The Writer's Center BE IT RESOLVED that the Mayor and the Board of Trustees of the Village of Sleepy Hollow approve a request made by Paula Armbruster on behalf of The Hudson Valley Writer's Center, for a Street Closure on October 2nd and 3rd, 2010 for an Annual Gala, Riverside Drive will need to be closed to traffic from Palmer Avenue to Kelbourne Avenue, from 9:am Saturday, October 2nd until 12 noon, Sunday, October 3rd Moved: Trustee Stupel Seconded: Trustee Campbell Absent: Deputy Mayor Capossela Vote: 5-0 p �U J S 3 300 Riverside Drive Sleepy Hollow, New York 10591 5 The Hudson Valley Writers Center, Inc. Paula Armbnxster, Chair, Board of Directors June 17,1010 Hon. Ken Wray, Mayor Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, NY 10591 Re: Hudson Valley Writers' Center Annual Gala — Street Closure Request Dear .Mayor Wray: The Hudson Valley Writers' Center, a not-for-profit organization, has scheduled its annual fundraising benefit for the evenmg o f _ _ _ O a We would very much like to hold this years' benefit at the Writers' Center's home, the restoreBTPhfiipSe Manor Station at 300 Riverside Drive, which will require placing a large a tent on Riverside Drive adjacent to the eastern side of the building within which the majority of the evening's proceedings will be held. We will also need to have participants' cars parked on the street in commuter parking spaces. Set-up of the tent will have to occur during the day on Saturday, and dismantling of the tent is likely to have to be done on Sunday morning, October 3rd. In order for this event to be possible, Riverside Drive will need to be closed to through traffic from the Palmer Avenue intersection to the Kelboume Avenue Intersection from 9am on Saturday, October 2nd until 12 noon on October 3rd, although parking should be available on most of the street on the morning of the 3rd. As you know, Riverside Drive in this location was de-mapped as a public street a number of years ago in order to enable the Village to sell parking spaces to commuters. Saturday and Sunday are not commuting days, and any Metro-North users can continue to access the train platforms from the Hudson River side of the railroad. Our use of the street should not result in any significant inconvenience to anybody. The only residents of this stretch of the street are the apartment dwellers in the small apartment house just off Palmer. Most of these people park behind the building, but those who park in front of it will be accommodated. It is not necessary for residents farther north on Riverside Drive to use this stretch of the street for ingress and egress from Philipse Manor, and access to Kingsland Point Park from Palmer Avenue will not be affected. On behalf of our Board of Directors, I appreciate your consideration of our request Should you need further clarification, please contact our Executive Director, Frank juliano or his assistant, Ryan Connati, at 332-5953. Very Truly Yours, Paula Armbruster Chair, Board of Directors a �Meeting Date: 8/10/2010 Resolution^* 8/127/2010 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing the Mayor to Sign Amended CDBG Contract for Pocantico Streetscape Project Whereas, the Village has received funds from Westchester County to do certain improvements pursuant to the Pocantico Streetscape Improvement Community Development Block Grant (CDBG); and Whereas, the County would like to extend the terms of the work for the Pocantico Streetscape Project to include work not completed under the Barnhart Streetscape Project; and Whereas, the County agrees that the contractor for the Pocantico Streetscape Project should complete the work for the Barnhart Streetscape Project to be paid with money allocated for payment for the Barnhart Streetscape Project; Wow, therefore, be it resolved the Board of Trustees hereby authorizes the Mayor to execute the attached amendment to the contract for the Pocantico Streetscape Project which permits the contractor for the Pocantico Streetscape Project to complete the work not completed under the Barnhart Streetscape Project grant, under the terms and conditions pursuant to the attached contract. Moved: Trustee Wompa Absent: Deputy Mayor Capossela Seconded: Trustee Schroedel Vote: 5-0 �ester tCO-E^i Eobsrfc P. Astorino County Executive Department of Piamririg Edward Buroughs, AiCP Acting CaamasBionGtt July 20> 2010 Mr. Anthony Giacoio, Village Manager Village of Sleepy Hollow 28 Beejkman Avenue Sleepy Hollow, NY 10591-2062 CONTRACT NUMBER: C-67-08-S37 CONTRACT TITLE: Sidewalk Improvement Project on Pocantico Street AMOUNT: $125,000.00 TERM: * 6/1/09-** 11/1/10 Dear Mr. Giacoio: Attached to this e-mail please find a copy of the contract for your Westchester Urban County Community Development project In order to execute tins agreement, please follow these steps: 1. Print out 1 copy of this agreement; 2. Please date page 1 withtitieday the contract is signed; 3. The proper official (Mayor/Supervisor/Village Administrator) must sign his/her name and type the title on the line below the signature on page 18: 4. The corporate seal must be affixed to the open space at the bottom of page IS: 5. The Acknowledgment must be signed and notarized; 6. The Certificate of"Authority must be signed and notarized; 7. Schedule C must be filled out If already filed, please indicate; 8. Schedule P must be signed; 482 Michaelian Office Building 148 Marline Avenue White Plains, b!ew York 10601 Telephone: (914)995-4400 Fax: (9X4)995-9098 ^^^ll^f8 V-^RECYCfcE Website: westchestergov.com �Mr. Anthony Giaccio Page 2 — ' ' " . ""'"""7 9. Schedule G must be signed; 10. 11. Schedule H must be signed; The insurance company represen ting the organization roust complete a Certificate of Insurance indicating the amounts of municipal insurance coverage, including Automobile Insurance, Westchester County must be named additional insured. The Westchester County insurance requirements are specified in Schedule C of the contract The Insurance Certificate and a Workmen's Compensation Certificate should be sent directly to me; ' 12. Return the signed contract to me* 13. Please provide an e-mail address in order to send an executed copy of your contract once the contract has been signed by the Acting Commissioner of Planning and the Law department, an electronic copy will be returned to the designated e-mail address. Thank you for your cooperation, Please call me if you have any questions at (914) 995-2406. Carla Prioleau Contracts Manager CP/dg Enclosures �Contract Number: C-67-08-S37 THIS INTERMUNICIPAL AGREEMENT made this , 2010, by and between: day of THE COUNTY OF WESTCHESTER, a municipal corporation organized and existing under the laws of the State of New York, having an office and place of business in the Michaelian Office Building, 148 Martine Avenue, White Plains, New York, 10601 (the "County"), and " The Village of Sleepy Hollow, a municipal corporation organized and existing under the laws of the State of New York, having its offices at 28 Beekman Avenue, Sleepy Hollow, New York 10591-2062, (hereinafter referred to as the "Municipality" ). WITNESSETH: WHEREAS, the County, in cooperation and agreement with the Municipality, has applied for and has been awarded a grant from the United States Department of Housing and Urban Development ("HUD'5) under Title 1 of the Housing and Community Development Act of 1974, as amended 42 USC § 5301 et seq. (the "Act"), with the eligibility of the County for such grant based, in part, on its status as an "Urban County" as defined under 24 CPR Part 570.307 of the Community Development Block Grant "CDBG" Regulations as may be amended from time to time. WHEREAS, the County achieved its "Urban County" status as a result of entering into cooperation agreements (the "Urban County Cooperation Agreements)") with that number of other municipalities in Westchester County whose combined population exceeds 200,000 in number; and WHEREAS, said Urban County Cooperation Agreements) are required because the County,under applicable law, is not authorized to exerdse the full complement of powers necessary or appropriate to carry out all the requirements or achieve all the goals of the Act and CDBG Regulations. 9 �WHEREAS, under the Urban County cooperation agreements each municipality agrees, among other things, to exercise its powers to carry out projects/programs under the Act and CDBG • • Regulations (24 CFR Part 570); and WHEREAS, the Municipality is one of such cooperating municipalities by having executed a cooperation agreement with the County under the act and CDBG Regulations arid a copy of such' agreement is on file with the County; and WHEREAS, it is acknowledged and agreed that the municipality is obligated pursuant to the Urban County Cooperation Agreement to comply with the provisions of Title VI of the Civil Rights Act of 1964, the Fair Housing Act of 1968 and the Americans with Disabilities Act of 1990 and to do what is necessary, as determined by the County, to comply with each of the above referenced Acts, the rules and regulations thereunder, and the undertakings and assurances in the application form insofar as they relate to the activities and programs conducted by the municipality pursuant to this grant, including to affirmatively farther fair housing within its own jurisdiction and not impede the County's action to comply with its fair housing certifications: and WHEREAS, the Municipality has submitted a grant application to the County for performing a project or conduct a program, using "CDBG" funds and the County has concurred with the validity of the project or program through a grant application process; and WHEREAS, in connection with the aforementioned grant, the County has received and/or will receive grant funds and desires to provide such funds to the Municipality to provide the project or program as more fully set forth in Schedule "A"; and WHEREAS, the Municipality acknowledges that the County's receipt of .the aforementioned grant funding is conditioned, inter alia, on compliance with the provisions of the Act, including the requirement that it affirmatively further fair housing ("AFFH") as set forth in 42 U.S.C. §5304(b)(2); �WHEREAS, the Municipality acknowledges that the County signed a stipulation and order of settlement and dismissal in connection with United States of America ex rel Anti-Discrimination Center of Metro New York. Inc., v. Westchester County/New York, No. 06 Civ. 2860 (DLC) (the "Settlement Agreement") and that paragraph. 25(d) thereof requires that agreements for the use of public funds and resources, including hut not limited to, agreements for Community Development Block Grant ("CDBG") funds contain certain minimum commitments by the municipalities; and WHEREAS, the County has submitted a plan ezititled the "Westchester County Fair and Affordable Housing Implementation Plan " dated March 12,2010 (the "Plan"), outlining the County's proposed plan to develop fair and affordable housing as required by the Settlement Agreement, which Plan may be amended fromtimeto time; WHEREAS, the Municipality desires to receive such grant funds and to provide such projects and programs upon the terms and conditions contained herein; and NOW, THEREFORE, in consideration of the terms and conditions herein contained, the County and the Municipality agree as follows: FIRST: (a) Hie Municipality shall do a sidewalk improvement on Pocantico and Elm Streets in the Village of Sleepy Hollow in accordance with the terms as contained in and as more particularly described in the Scope of Services, which is attached hereto and made a part hereof as Schedule "A" (hereinafter referred to as the "Work). The Work includes, without limitation, services provided directly by Hie Municipality and by any approved subcontractor. The Municipality agrees, and shall cause any contractor or sub-contractor to agree, that the Work shall be earned out in accordance with the Act and its implementing regulations, (24 CFR 570) p and any applicable rules issued thereunder and agrees to comply with all applicable CDBG Regulations set forth in 24 CFR Part 570, including without limitation those set forth in 24 CFR 135 (the "Part 135 Regulations"). �(b) Pursuant to the Part 135 Regulations, where applicable the Municipality agrees to comply with the "Section 3 Clause/5 as maybe amended from-time to time, and as set forth in Section 1 of Schedule which is attached hereto and forms a part hereof..-The Municipdity._fur£her agrees to. _ include said Section 3 Clause in any section 3 covered subcontract. SECOND: l i e term of this Agreement shall commence on toe i t 2009, and shall terminate . on November 1, 2010> -unless terminated sooner in accordance with the terms herein. Any extension of the term must be requested by the Municipality in writing and signed off and approved by the County Commissioner of Planning or his duly authorized designee (the "Commissioner"):- subject to the receipt of all applicable approvals, including without limitation, the County Board of Acquisition and Contract The Municipality shall report to the Commissioner on its progress at least once a month, or more frequently as the Commissioner may request, and shall immediately inform the Commissioner in writing of any cause for delay in the performance of its obligations under this Agreement. The Municipality shall be responsible for submitting certain forms and reports as required by the Act' and the County. For all projects and programs, a County payment voucher and invoice detailing the work completed shall be submitted, as directed herein, on an .agreed upon incremental basis. Where applicable, the Municipality shall submit a sub-recipient report., in the format directed by the County. For construction projects, the Municipality shall submit monthly work progress reports including: 1. Certified Invoice - AIA G702 Form. 2. Progress Schedule as agreed upon by the Municipality and Contractor. 3. Section 3 and Davis Bacon compliance certification forms as described in Section D. 4. Weekly interview reports and payroll records, as described in Schedule E. The Municipality shall complete those specific Work items identified in Schedule "A" by the interim deadlines set forth therein, if any, unless an interim deadline is extended by the Commissioner in writing. �THIRD: For the. services provided by the Municipality pursuant to Paragraph "FIRST' hereof, the Municipality shall be paid in an. amount not to exceed Two Hundred Thirteen Thousand Forty-Seven and Seventy-Five Cents ($213,047.75) DOLLARS, pursuant to the approved budget set forth in Schedule "A". Except as otherwise expressly stated in this Agreement, no payment shall be made by the County to the Municipality for out-of-pocket expenses or disbursements made in connection with the services rendered or the work to be performed hereunder* Any and all requests for payment to be made, including any request for partial payment, shall be submitted by the Municipality on properly executed payment vouchers of the County and paid only after approval by the Commissioner. Ail payment vouchers 'must be accompanied by a numbered invoice and must contain the dates that the invoiced work commenced and terminated. All invoices submitted during each calendar year shall utilize consecutive numbering and be non-repeating. In no event shall final payment be made to the Municipality prior to completion of all Work and the approval of same by the Commissioner. The Municipality shall, at no additional charge, furnish all labor, services, materials, tools, equipment and other appliances necessary to complete the Work, unless specific additional charges are expressly permitted under this Agreement It is recognized and understood that even if specific additional charges are expressly permitted under this Agreement, in no event shall total payment to the Municipality exceed the not~to~exceed amount set forth above. FOURTH: A) Prior to the making of any payments hereunder, the County or HUD may monitor such books and records of the Municipality as are reasonably pertinent to this Agreement to substantiate the basis for payment The Municipality will, and will require any approved subcontractors) to make their books and records available to the County or HUD for audit and inspection. The County will not withhold payment pursuanfto this paragraph for more than thirty (30) days after payment would otherwise be due pursuant to the provisions of this Agreement, unless the County or HUD shall fold cause to withhold payment in the course of such review or the Municipality and/or any approved sub-contractor fails to cooperate with such audit �It is recognized and understood by the Municipality that, as part of the.County's right to audit ... the Municipality and/or any approved sub-contractor to substantiate the basis for paymentj tlie County • and/or HUD has the right to audit the performance of the terms of this Agreement by the Municipality and/or an approved contractor or sub-contractor. Towards this end> the County and/or. HUD .may .. request documentation from the Municipality, and/or any. approved sub-contractor to .verify : ...... .., performance of the terms ofthis Agreement, which the Municipality shall provide or cause to be provided. The County and/or HUD may also make site visits to the locations) where the work is being performed to both review the Municipality's and/or sub-contractor's records and observe the performance of the Work. In addition, the County and/or HUD shall have the right to audit the books and records of the Municipality and/or any sub-contractor in connection herewith, mid the Municipality shall, and shall require its sub-contractor(s) to make its books and records available to the County and/or HUD for audit and inspection at any time during the one year period following termination ofthis Agreement. B.) The parties hereto acknowledge and agree that in accordance with paragraph 25(d) of the Settlement Agreement the grant of funds authorized hereunder is specifically conditioned upon the Municipality's commitment to affirmatively further fair housing ("AFFH") within its borders. Pursuant thereto, Municipality hereby agrees to: 1, Ban local residency requirements and preferences, and other selection preferences that do not AFFH unless such requirements or preferences receive prior approval in accordance with the terms of the Settlement Agreement; 2, Offer the County a "Right of First Refusal" to retain and/or purchase any and all land acquired in rem to be used for housing that AFFH; and 3, Actively further implementation of the Settlement Agreement through the Municipality's land use regulations and other affirmative measures to assist development of affordable housing (hereinafter collectively referred to as the "AFFH Terms and Conditions"). The Municipality further agrees to the following in order to ensure timely implementation of the AFFH Terms and Conditions: �G i Upon execution of this Agreement, immediately commence good faith efforts to implement the AFFH Terms and Conditions within a reasonable period of time, including to immediately begin offering the County a right of first refusal to in rem parcels as set forth in AFFH Terms and Conditions above; and ii. File periodic reports with the County on a quarterly basis or as may be requested by the County, which detail the Municipality's progress in achieving the AFFH Terms and Conditions, noting that at least one report must be submitted before any final payment will be made by the County; and iii Certify in writing to the County, within one (1) year of the execution by the Municipality of this Agreement, that it is in compliance with all the AFFH Terms and Conditions; and iv. The County's audit rights, as referenced in subsection (A), above, shall extend to all documents, reports, and records which relate to the Municipality's commitment to AFFH as described herein. In the event of any non-compliance with the AFFH Terms and Conditions or the Municipality's above timely implementation obligations, which remains uncured for thirty (30) days after service on the Recipient of written notice thereof, the County shall have the right, at its option, to require repayment from the Municipality of all grant funds paid hereunder. The Municipality agrees to pay the County the full amount of any such grant funds within ten (10) days of receipt of the County's written request for such repayment. In addition, the Municipality acknowledges that the injury to the County arising from any noncompliance with the AFFH Terms and Conditions or their timely implementation would be great and the amount of consequential damage to the County would be difficult to ascertain and may not be p compensable by money alone. Therefore, in the event of any such non-compliance, which remains uncured for thirty (30) days after service on the Municipality of written notice thereof, the County, at its option, may apply to any state or federal court for: (A) specific performance of the AFFH Terms and Conditions or their timely implementation; (B) injunctive relief against any such noncompliance; .and/or (C) seek any and all appropriate legal and/or equitable remedies, including, but not limited to, �.damages., reasonable attorney's fees, disbursements and court costs in such amounts as shall be allowed by the court.-- The County, in its sole discretion* may agree to stay any such enforcement beyond such thirty .(30) day period, provided however that the County determines that the Municipality is diligently and continuously acting to cure said non-compliance. The foregoing County right is in addition to, and not in limitation of, the provisions of Section SIXTH below. All of the provisions of this Section FOURTH will survive termination or other cancellation of this Agreement. FIFTH: (a) The parties acknowledge and agree that the obligations of the County hereunder are subject to the County's receipt of all appropriate grant fends as detailed in Schedule "A" which is attached hereto and made a part hereof including without limitation, grant funds from New York State, HUD, etc. If for any reason whatsoever, the grant funds or any portion thereof are not received by the County for any reason whatsoever or are reduced, denied or fail to be approved in full for payments due the Municipality, the County shall have the right to either terminate this Agreement or to renegotiate the amounts and rates as set forth herein. If the County subsequently offers to pay a reduced amount to the Municipality,'then the Municipality shall have the right to terminate this Agreement upon reasonable prior written notice. (b) The parties further acknowledge and agree that the obligations of the County hereunder with respect to funds, if any, not received pursuant to a grant (the "Non Grant Funds") are subject to further financial analysis of the impact of any New York State Budget (the "State Budget'*) proposed and adopted during the term of this Agreement. The County shall retain the right, upon the occurrence of any release by the Governor of a proposed State Budget and/or the adoption of a State Budget or p any amendments thereto, and for a reasonable period of time after such release(s) or adoption(s), to conduct an analysis of the impacts of any such State Budget on County finances. After such analysis, the County shall retain the right to either terminate this Agreement or to renegotiate the amounts and rates approved herein. If the County subsequently offers to pay a reduced amount to the Municipality, �then the Municipality shall have the right to terminate this Agreement upon reasonable prior written notice. (c) The parties further acknowledge and agree that the obligations of the County under this Agreement with respect to any Non Grant Funds are subject to annual appropriations by its Board of Legislators pursuant to the Laws of Westchester County. Therefore, this Agreement shall be deemed executory only to the extent of such monies being appropriated and available. The County shall have no liability under this Agreement beyond funds appropriated and available for payment pursuant to this Agreement. The parties understand and int&nd that the obligation of the County hereunder shall constitute a current expense of the Comity and shall not in any way be construed to be a debt of the County in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by the County, nor shall anything contained in this Agreement constitute a pledge of the general tax revenues, funds or moneys of the County. The County shall pay amounts due under this Agreement exclusively from legally available funds appropriated for this purpose. The County shall retain the right, upon the occurrence of the adoption of any County budget by its Board of Legislators during the term of this Agreement or any amendments thereto, and for a reasonable period of time after such adoption(s), to conduct an analysis of the impacts of any such County budget on County finances. After such analysis, the County shall retain the right to either terminate this Agreement or to renegotiate the amounts and rates set forth herein. If the County subsequently offers to pay a reduced amount to the Municipality, then the Municipality shall have the right to terminate this Agreement upon reasonable prior written notice. SIXTH; (a) Tlie County, upon ten (10) days notice to the Municipality, may terminate this Agreement in whole or in part when the County deems it to be in its best interest. In such event, the Municipality shall be compensated and the County shall be liable only for payment for services already rendered under this Agreement prior to the effective date of termination at the rates specified in Schedule "A'\ Upon receipt of notice that the County .is terminating this Agreement in its best interests, the Municipality shall stop work immediately and incur no further costs in furtherance of this Agreement without the express approval of the Commissioner, and the Municipality shall direct any approved sub-contractors to do the same. �.In the event of a dispute as to the value of the Worfe rendered by the Municipality prior to the date of termination, it is understood and agreed that the Commissioner shall determine the value of • such Work rendered by the Municipality. The Municipality shall accept such reasonable and good faith determination as final. (b) Except as may be set forth in this Agreement; in the event the County determines that there has been a material breach by the Municipality of any of the terms of the Agreement and such breach remains uhcured for forty-eight (48) hours after service on tine Municipality of written notice thereof, the County, in addition to any other right or remedy it might have, may terminate this Agreement and the County shall have the right, power and authority to complete the Work provided for in this Agreement, or contract for its completion, and any additional expense or cost of such completion shall be charged to and paid by the Municipality. Without limiting the foregoing, upon written notice to the Municipality, repeated breaches by the Municipality of duties or obligations under this Agreement shall be deemed a material breach of this Agreement, justifying termination for cause hereunder without requirement for further opportunity to cure. All of the provisions of this Section SEVENTH will survive termination or other cancellation of this Agreement. SEVENTH: The Municipality agrees to procure and maintain insurance naming the County as additional insured, as provided and described in Schedule entitled "Standard Insurance Provisions", which is attached hereto and made a part hereof. In addition to, and not in limitation of the insurance provisions contained in Schedule "B"f the Municipality agrees: . (a) that except for the amount, if any, of damage contributed to, caused by, or resulting from the negligence of the County, the Municipality shall indemnify and hold harmless the County, its officers, elected officials, employees and agents from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorneys' fees or loss arising directly or indirectly out of the performance or failure to perform hereunder by the Municipality or third parties under the direction or control of the Municipality; and �(b) to provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of this Agreement and to bear all other costs and expenses related thereto. EIGHTH; The Municipality represents and warrants that it has not employed or retained any person, other than a bona tide full-time salaried employee working solely for the Municipality to solicit or secure this Agreement, and that it has not paid or agreed to pay any person (other than payments of fixed salary to a bona fide full-time salaried employee working solely for the Municipality) any fee, commission, percentage, gift or other consideration, contingent upon, or resulting from, the award or making of this Agreement. For the breach or violation of this provision, without limiting any other rights or remedies to which the County may be entitled, or any civil or criminal penalty to which any violator may be liable, the County shall have the right, in its discretion, to terminate this Agreement without liability, and to deduct from the contract price, or otherwise to recover, the full amount of such fee, commission, percentage, gift or consideration. NINTH: (a) The Municipality agrees that neither it nor any sub-contractor, employee, consultant or any oilier person acting on its behalf, shall discriminate against or intimidate any employee or other individual on the basis of race, creed, religion, color, gender, age, national origin, ethnicity, alienage or citizenship status, disability, marital status, sexual orientation, familial status, genetic predisposition or carrier status during the term of or in connection with this Agreement, as those terms may be defined in Chapter 700 of the Laws of Westchester County. The Municipality acknowledges and understands that the County maintains a zero tolerance policy prohibiting all forms of harassment or discrimination against its employees by co-workers, supervisors, vendors, contractors, or others. (b) The Municipality hereby acknowledges and agrees: A. That hi the hiring of employees for the performance of work under this contract or subcontract hereunder, no Municipality, contractor, sub-contractor, nor my person acting oil behalf of such Municipality, contractor or sub-contractor, shall by reason of race, creed, color, religion, gender, age, ethnicity, disability, sex, alienage or citizen status, national origin, marital status, sexual orientation, familial status, genetic predisposition or carrier status discriminate against any citizen of �the State of New York who is qualified and available to perform the work to which the emplo yment relates;- • • , B. - •••-/" • • • •• - That neither the Municipality, nor any contractor, sub-contractor, nor any person on their behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, creed, color, religion, gender, age, ethnicity, disability, sex, alienage or citizen status, national origin, marital status, sexual orientation, familial status, genetic predisposition or carrier status; C. That there may be deducted from the amount payable to the Municipality by the County, under this contract, a penalty of fifty (50) dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; D. That the Agreement may be cancelled or terminated by the County, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement; and E. The aforesaid provisions of this section covering every contract for or on behalf of the County, for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. TENTH: The Municipality shall comply, at its own expense, with the provisions of all applicable local, state and federal laws, rules and regulations, including, but not limited to the Federal and State Labor laws, the State Worker's Compensation Law, the State Unemployment Insurance Law, the Federal Social Security Law, the Community Development Act, Section 3 of the Housing and Urban Development Act of 1968, the Civil Rights Act of 1964, the Fair Housing Act of 1968, the Americans with Disabilities Act, Executive Order 11246, the Clean Air Act, the Water Pollution Control Act, and all regulations and directives of the Commissioner promulgated to ensure compliance with HUD regulations or requirements. The Municipality shall further comply, at its own expense, with all applicable rules, regulations and licensing requirements pertaining to its professional status and that of its employees, partners, associates, sub-contractors and others employed to render the Work hereunder. �The Municipality agrees to comply with the requirements of any underlying grant agreements) for which the County has obtained funds to pay the Municipality pursuant to this Agreement, copies of which will be provided upon request Notwithstanding the foregoing* all new and gut rehab residential buildings up to three stories shall be designed and constructed to meet the standard for Energy Star Qualified New Homes (<£85 for South]) on the HERS Rating Scale, AH procedures used for this rating shall comply with National Home Energy Rating System guidelines. ELEVENTH: Ail records or recorded data of any kind compiled by the Municipality and/or any sub-contractor in completing the Work described in this Agreement; with the term "records" and "recorded data" herein defined as including but not limited to, written reports, studies, construction and detail drawings, blueprints, computer printouts, graphs,, charts, plans, specifications, shall become and remain the property of the County. The Municipality may retain copies of such records for its own use and shall not disclose any such information without the express written consent of the Commissioner, The County shall have tine right to reproduce and publish such records, if it so desires, at no additional cost to the County. Additionally, the Municipality acknowledges that all data provided by the County shall remain the County's sole and exclusive property and agrees that it shall not use said data other than to perform its obligations as stated in this Agreement and shall not distribute said data to third parties without the County's express written consent. Notwithstanding the foregoing, all deliverables, if any, created under this Agreement by the Municipality, Comity and/or any sub-contractor are to be considered "works made for hire." If any of . the deliverables do not qualify as "works made for hire," the Municipality hereby assigns to the County all rights, title and interest (including ownership of copyright) in such deliverables and such assignment allows the County to obtain in its name copyrights, registrations and similar protections which may be available. The Municipality' agrees to assist the County, if required, in perfecting these rights. The Municipality shall provide the County with at least one original of each deliverable. �The Municipality agrees to defend, indemnify and hold harmless the County for all damages, liabilities, losses and expenses arising out of any claim that a deliverable infringes upon an- intellectual' property right of a third party. If such a claim is made, or appears likely to be made, the Municipality agrees to enable the County's continued use of the deliverable, or to modify or replace it. If the County determines that none of these alternatives is reasonably available, the deliverable may be returned. TWELFTH: The Municipality shall not delegate any duties or assign any of its rights under this Agreement without the prior express written consent of the County. The Municipality shall not subcontract any part of the Work without the written consent of the County, subject to any necessary legal approvals. Any purported delegation of duties, assignment of rights or subcontracting of Work under this Agreement without the prior express written consent of the County is void. The Municipality shall ensure that all subcontracts that have received such prior written consent provide that sub-contractors are subject to all terms and conditions set forth in this Agreement. It is recognized and understood by the Municipality that for the purposes of this Agreement, all Work performed by a County-approved sub-contractor shall be deemed Work performed by the Municipality and the Municipality shall ensure that such subcontracted work is subject to the material terms and conditions of this Agreement. The Municipality shall ensure that all subcontracts for the Work shall expressly reference the sub-contractor's duty to comply with the material terms and conditions of this Agreement and shall attach a copy of tliis Agreement to any agreement between the Municipality and its subcontractors and shall promptly provide a written acknowledgment of same to the County. The Municipality shall additionally obtain a written acknowledgement from the owner and/or chief executive of sub-contractor or his/her duly authorized representative within ten (10) days after providing a copy of this Agreement to its sub-contractors that the sub-contractor has received a copy of this Agreement, read it and .is familiar with the material terms and conditions thereof and shall promptly provide the original of same to the County upon the Municipality's receipt ..The Municipality shall include provisions in its subcontracts designed to ensure that the Municipality, the County, HUD and/or their respective designees has the right to examine all relevant books, records, documents or electronic data of the sub-contractor necessary to review the sub-contractor's compliance with the material terms and conditions of this Agreement. For each and every year for which this Agreement continues, the Municipality shall submit to the Commissioner a letter signed by the owner and/or chief executive officer of the Municipality or his/her duly authorized representative certifying �that each and every approved sub-contractor Is in compliance with the material terms and conditions of the Agreement. THIRTEENTH: The Municipality acknowledges and agrees that the Municipality and its officers, employees, agents, sub-contractors and/or consultants are independent contractors and not employees of the County or any department, agency or unit thereof. In accordance with their status as independent contractors, the Municipality covenants and agrees that neither the Municipality nor any of its officers, employees, agents, sub-contractors and/or consultants will hold themselves out as, or claim to be, officers or employees of the County or any department, agency or unit thereof. FOURTEENTH: Failure of the County to insist, in any one or more instances, upon strict perfonnance of any term or condition herein contained shall not be deemed a waiver or relinquishment of such term or condition, but the'same shall remain in full force and effect. Acceptance by the County of any Work or the payment of any invoice or fee due hereunder with knowledge of a breach of any term or condition hereof, shall not be deemed a waiver of any such breach and no waiver by the County of any provision hereof shall be implied. FIFTEENTH: All notices of any nature referred to in tins Agreement shall be in writing and either sent by registered or certified mail postage pre-paid, or delivered by hand or overnight courier, or sent by facsimile (with acknowledgment received and a copy of the notice sent by registered or certified mail, postage pre-paid), as set forth below or to such other addresses as the respective parties hereto may designate in writing. Notice shall be effective on the date of receipt. Notices shall be sent to the following: To the County: Commissioner Department of Planning Michaelian Office Building 148 Martine Avenue White Plains, New York 10601 with a copy to: p �:: : couHty:At& Michaelian Office Building 148 Martme Avenue .. ... White Plains, New York 10601 To the Municipality: . ' ...» . . — :. . , Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, NY 10591-2062 SIXTEENTH: This Agreement and its attachments constitute the entire Agreement between the parties with respect to the subject matter hereof and shall supersede all previous negotiations, commitments, agreements'and writings. It shall not be released, discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of each of the parties; In the event of any conflict between the terms of this Agreement and the terms of any schedule or attachment hereto, it is understood that the terms of this Agreement shall be controlling. SEVENTEENTH: Nothing herein is intended or shall be construed to confer upon or give to any third party or its successors and assigns any rights, remedies or basis for reliance upon, ..under or by reason of this Agreement, except in the event that specific third party rights are expressly granted herein. EIGHTEENTH:' The Municipality recognizes that this Agreement does not grant the Municipality the exclusive right to perform the Work for the County and that the County may enter into similar agreements with other recipients on an "as needed" basis and the County may contact and direct any sub-contractors and delegate any and/or all portions of the Work herein to either the Municipality and/or sub-contractors at its sole discretion. However, all billing and payments shall be administered through the Municipality and it shall be Municipality's sole responsibility to tender payments to any sub-contractor. NINETEENTH: This Agreement may be executed simultaneously in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. �This Agreement shall he construed and enforced in accordance with the laws of the State of New York. In addition, tine parties hereby agree that for any cause of action arising out of this Agreement shall be brought in the County of Westchester. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid or void or unenforceable, the remainder of the terms and provisions of this Agreement shall in no way be affected, impaired, or invalidated, and to the extent permitted by applicable law, any such term, or provision shall be restricted in applicability or reformed to the minimum extent required for such to be enforceable. This provision shall be interpreted and enforced to give effect to the original written intent of the parties prior to the determination of such invalidity or unenforceability. TWENTIETH: The Municipality shall use all reasonable means to avoid any conflict of interest with the County and shall immediately notify the County in the event of a conflict of interest. The Municipality shall also use all reasonable means to avoid any appearance of impropriety. TWENTY- FIRST: All payments made by the County to the Municipality will be made by electronic funds transfer ("EFT") pursuant to the County's Vendor Direct program. Any Municipality, contractor and/or consultant doing business with Westchester County, who are not already enrolled in the Vendor Direct Program, will be required to fill out and submit an EFT Authorization Form in order to receive payment. The EFT Authorization Form and related information are annexed hereto as Schedule "C". The completed Authorization Form must be returned by the Municipality to the Commissioner prior to execution of the contract. In rare cases, a hardship waiver may be granted. For a Hardship Waiver Request Form, please contact the Westchester County Finance Department. TWENTY-SECOND: The Municipality agrees to complete and comply with all attached the schedules to this Agreement, including without limitation the following which are attached hereto and made a part hereof: "Other Federal Requirements" (Schedule "D"); the "Federal Labor Standards Provisions" (Schedule "E"); "Certification Regarding Lobbying" (Schedule T ) ; the "Certification Regarding Drug Free Workplace Requirements" (Schedule "G"); and "Certification Regarding Debarment and Suspension" (Schedule "K"). �TWENTY-THIRD: The recitals preceding the body of this Agreement -axe hereby incorporated by reference into the body of this Agreement - - - • • TWENTY-FOURTH: This Agreement shall not be enforceable until it is signed by the parties and approved by the Office of the County Attorney, IN WITNESS WHEREOF, The County of Westchester and the Municipality have caused this Agreement to be executed THE COUNTY OF WESTCHESTER By: Name: Title: Edward Buroughs Acting Commissioner of Planning THE VILLAGE OF SLEEPY HOLLOW By: Name: Title: . Approved by the Board of Acquisition and Contract of the County of Westchester on the 17th day of June, 2010. Approved as to form and manner of execution County Attorney The County of Westchester �MUNICIPALITY'S ACKNOWLEDGMENT STATE OF NEW YORK ) ss.: COUNTY OF WESTCHESTER.) On the , day-of in the year 200 Public in and for said State, personally appeared before me, the undersigned, a Notary . s personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in Ms/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument; and, acknowledged if operating under any trade name, that the certificate required by the New York State General Business Law Section 130 has been filed as required therein. Signature and Office of individual taking acknowledgment �CERTIFICATE OF AUTHORITY "I (Officer other than officer signing contract) certify that I am. the of (Title) the , (the 'Municipality") a municipal corporation duly organized and in good standing under the (Law under which organized, e.g„ the New York Business Corporate taw) named in the foregoing agreement; that . „ (Person executing agreement) who signed said agreement on behalf of £he Municipality was, at the time of execut ion (Title of such person) of the Municipality and that said agreement was, thereunto duly signed forauthorized and on behalf of said Municipality Board of duly and that such authority isby in authority full force of andits effect at the date hereof. (Signature) STATE OF NEW YORK ) ss.: COUNTY OF WESTCHESTER.) On this day of , 200 > before me personally came , whose signature appears above, to me known, and known to me to of __ be the (Title) ^ the Municipality described in and which executed the above certificate, who being by me duly sworn did depose and say that he/she, the said of said Municipality resides at ,, .and that he/she signed his/her name hereto by order of the Board of of said Municipality. Notary Public �SCHEDULE "A' C-67-08-S37 SCOPE OF SERVICES BETWEEN TEE COUNTY OF WESTCHESTER AND THE VILLAGE OF SLEEPY HOLLOW FOR A SIDEWALK IMPROVEMENT PROJECT ON POCANTICO STREET ANpELM STREET THE VILLAGE OF SLEEPY HOLLOW. ; A. PURPOSE The Village of Sleepy Hollow will use the Community Development Block Grant funds to do a sidewalk improvement project on Pocantico and Elm Streets in the Village of Sleepy Hollow, B. SCOPE OF SERVICES The Village of Sleepy Hollow will do a sidewalk project on Pocantico Street and Elm Street in the Village of Sleepy Hollow. POCANTICO STREET IMPROVEMEMENTS Maintenance and Protection of Traffic Concrete Curb 5'* Concrete Pavement T Concrete Pavement Asphalt Driveway Repair' Flag Stone Pavement Cobble Block Concrete Stairs Steel Handrail * Repair Existing Catch Basin and install New Frame Grate and Curb Piece Repair Existing Catch Basin and Install New Frame and Flat Grate Roof Leader Connections Borrowed Fill Furnish and Place Topsoil ( Lawn Restoration ' Total 5% Contingency Sub Total Pocantico Street ELM STREET IMPROVEMENTS Maintenance and Protection of Traffic p Silt Sack Remove Existing and Install Concrete Curb Remove Existing and Install 5" Concrete Pavement Remove Existing and Install T Concrete Pavement Asphalt Driveway Repair Roof Leaders Connections Furnish and Place Topsoil Pyrus callaryana. 'Aristocrat©' Aristocrat© Callery Pear, 3" - 3 $10,000.00 $56,000.00 $73,100.00 $31,350.00 • $2,625.00 $540.00 $2,160.00 $1,875.00 $510.00 $ 12,600.00 $1,500.00 $2,250.00 $525.00 $825.00 $2.880.00 $198,740,00 $9.937.00 $208,677.00 $3,5.00.00 $75,00 $17,850.00 $47,125.00 $8,075.00 $580.00 $750.00 $150.00 Cal. �B&B; Branching starting at 6" Sub Total Elm Street $1 >500.00 $79,605.00 Grand Total $288, 282.00 ODBC TOTAL CONTRIBUTION $213,047.75 It is understood that the Village of Sleepy Hollow is responsible for all costs above the CDBG contribution. f 1MB OF PERFORMANCE The contract between the County of Westchester and the Village of Sleepy Hollow will begin on June 1,2009, and end on November 1,2010. PAYMENT The County of Westchester will reimburse the Village of Sleepy Hollow for expenses incurred on the sidewalk improvement project on Pocantico Street and Elm Street in the Village of Sleepy Hollow, in an amount not to exceed $213,047.75. Any and all requests for payment to be made, including any partial payment made in proportion to the work completed, shall be submitted on properly executed payment vouchers of the County and paid only after approval by the Commissioner of Planning of the County of Westchester or Ms duly authorized designee (hereinafter the "Commissioner"). All payment vouchers must be accompanied by a numbered invoice and must contain the invoice number where indicated. All • invoices submitted during each calendar year shall utilize sequential numbering and be nonrepeating. It is understood that the Village of Sleepy Hollow will comply with fee federal regulations for equal employment opportunity, labor, and Section 3 as specified in the Community Development Act. Failure to comply will result in the withholding of payment by the Westchester County Department of Planning. It is also understood that the Department of Planning staff will visit the site during construction and will inspect the project for substantial completion. It is also understood that the Village of Sleepy Hollow will comply with all requirements and provisions under the Americans with Disabilities Act as it may be amended from time to time, with regard to the work under this contract. It is further understood that all ADA work must be performed pursuant to the United States Department of Housing and Urban Development Rule 24, CFR Part 9. The Municipality fully understands and acknowledges its responsibility to comply with the Americans with Disabilities Act ("ADA'Oj the rules and regulations thereunder, and that nothing contained herein shall be construed to absolve the Municipality from these obligations. The Municipality further acknowledges and agrees that if, in order to comply with the ADA, it should become necessary to perform certain work not covered in the terms of this �Agreement, or if it should become necessary to modify or redo work already performed the Municipality to perform and the County will not be obligated, in anyway, to farther compensate the Municipality. As of July 1,1996, all recipients of grants in amounts of $300,000,00 annually or more of direct federal financial assistance, including awards received indirectly from the state and .wM^h m ^ Westchester with aa annual audit performed at the recipient's expense. The snbrecipient, at its sole cost and expense, shall submit each year hereunder to the Commissioner of Planning no later than ninety days following the conclusion of each fiscal year of the snbrecipient an audited statement of its operations in accordance with the terms of the contract. Submission of the audited statement shall not limit the County's right to inspect and audit the snbrecipient records and books of account Such statement shall comply with respective federal or state grant compliance requirements and governmental auditing standards applicable to the program and shall be prepared by a public accountant meeting the independence standards included in generally accepted government auditing standards. The snbrecipient further agrees to furnish all reports and materials necessary to permit the County to fulfill its reporting requirements to state and federal authorities. The subrecipient shall include in its Agreement with an independent auditor selected to perform the audit required hereunder a provision providing the County, state and federal authorities with access to the auditor's work papers. Unless the County, state or federal authorities shall advise the subrecipient in writing to the contrary* the subrecipient and its independent auditor shall retain all financial records and work papers for a period of three years after the expiration or termination of this Agreement All publicity and press releases regarding the project will include details regarding the funds provided by the Westchester County Community Development Block Grant Program. The County of Westchester requires that bid specifications for this project include the clause: • Pursuant to Section 308,01 of the Laws of Westchester County, the policy of the County is to encourage the meaningful and significant participation on County contracts for business enterprises owned by persons of color and women - Minority Business Enterprise (MBE) and Women Business Enterprise (WBE). A business owned and controlled by women or persons of color is defined as a business enterprise including a sole proprietorship, partnership or corporation that is: a. b. c. At least 51 % owned by one or more persons of color or woiuenj 0 An enterprise in which such ownership by persons of color or women is real, substantial and continuing; An enterprise authorized to do business in this state which is independently owned and operated. In addition, any business enterprise certified as an MBE or WBE pursuant to Article 15-a of the New York State Executive Law and the implementing regulations, 9 NYCRR subtitle �N part 540 et seq., or as a small disadvantaged business concern pursuant to the Small Business Act, 15 U.S.C. 631 etseq., automatically qualifies. The recipient must provide statistics to the Department of Planning on the participation of MBE/WBE. Hie records must indicate the type and amount of each prime contract, and indicate whether the business is owned by someone who is African-American, Hispanic, Asian-American,-American Indian or Alaskan Native. CP/ 7/2010 �SCHEDULE "B» STANDARD INSURANCE PROVISIONS (Mt*NIOPALITY) I, Prior to commencing work, the Municipality shall obtain at its own cost and expense the required insurance from insurance companies licensed in the State of New York, carrying a Best'sfinancialrating of A or better, and shall provide evidence of such insurance to the County of Westchester, as may* be required and approved by the Director of Risk Management of the County. The policies or certificates thereof shall provide that thirty days prior to cancellation or material change in the policy, notices of same shall be given to fee Director of Risk Management of the County of Westchester by registered mail, return receipt requested, for alt of the following stated insurance policies. All notices shall name the Municipality and identify the Agreement, If at any time any of the policies required herein shall he or become unsatisfactory to the County, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the County, the Municipality shall upon notice to that effectfromthe County, promptly obtain a new policy, submit the same to the Department of Risk Management of fee County of Westchester for approval and submit a certificate thereof, Upon failure of the Municipality to furnish, deliver and maintain such insurance, the Agreement, at the election offileCounty, may, be declared suspended, discontinued or terminated. Failure of the Municipality to take out; maintain, or the taking out or maintenance of any required, insurance, shall not relieve the Municipalityfromany liability under- the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the contractual obligations of the Municipality concerning indemnification. AH property losses shall be made payable to and adjusted with the County. In the event that claims, for which the County may be liable, in excess of the insured amounts provided herein are filed by reason of any operations under the Agreement, (he amount of excess of such claims or any portion thereof may be withheld from payment due or to become due the Municipality until such time as the Municipality shall furnish such additional security covering such claims in form satisfactoty to the County of Westchester. 2. The Municipality shall provide proof of the following coverage (if additional coverage is required for a specific agreement, those requirements will be described in the "Special Conditions" of the contract specifications): (a) Workers' Compensation. Certificate form C-105.2 (9/07) or State Fund Insurance Company form U-26.3 is required for proof of compliance with the Hew York State Workers' Compensation Law. State Workers' Compensation Board form DB-32Q.1 is required for proof of compliance with the New York State Disability Benefits Law, Location of operation shall be "AH locations in Westchester County, Hew York." Where an applicant claims to not be required to carry either a Workers' Compensation Policy or Disability Benefits Policy, or both, •fee employer must complete NYS fbrm CE-200, available to download at* www.wcb.state.nv.us (click on Employers/Businesses, then Business Permits/Licenses/Contracts to see instruction manual), If the employer is self-insured for Worker's Compensation, he/she should present a certificate from the Hew York State Worker's Compensation Board evidencing that fact (Either SI42, Certificate of Workers' Compensation Self-Insurance, or GSH0S.2, Certificate of Participation in Workers' Compensation Group SelfInsurance). (b) Employer's Liability wife minimum limit of $100,000.00. (c) Commercial General Liability Insurance with a minimum limit of liability per occurrence of 51,000,000.00 for bodily injury and S100,000.00 for property damage or a combined single limit of $1,000,000.00 (c.s.1.), naming'the County'of Westchester as an additional insured. This insurance shall indicate the following coverages: (i) (ii) ' Premises - Operations. Broad. Form Contractual. �........... . O a b i U t y ' I ^ W i ^ c e - w i t K ^ per occurrence for bodily injury and a minimum limit of SI00,000.00 per occurrence for property damage or a combined' single limit of $1,000,000,00 unless otherwise indicated in the contract specifications, This insurance shall include for bodily injury and property damage the following coverage's: ... (i) (ii) (iii) . Owned automobiles. Hired automobiles, Hofcowned-automobi le&.v.. ., .•..:„• — — . ..-.i.^^,.^.-- 3. All policies of the Municipality shall be indorsed to contain the following clauses: (a) Insurers shall have no right to recovery or subrogation against the County of Westchester (including its employees and other agents and agencies),. it being the intention ofthe parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the above-described insurance. (b) The clause "other insurance provisions" in a policy in which the County of Westchester is named as an Insured, shall not apply to the County of Westchester, (c) The insurance companies issuing the policy or policies shall have no recourse against'the County of Westchester (including its agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy. (d) Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of> and at the solerisko£ the Municipality. Rev. 12/08 �SCHEDULE"C" Westchester County Vendor Direct Program Frequently Asked Questions 1. WHAT ARE THE BENEFITS OF THE ELECTRONIC FUNDS TRANSFER (EFT) ASSOCIATED WITH THE VENDOR DIRECT PROGRAM? There axe several advantages to having your payments automatically deposited into your designated bank account via EFT: Payments are secure ~ Paper checks can be lost in the mail or stolen, but money deposited directly into your bank account is more secure. You save time - Money deposited into your bank account is automatic. You save the time of preparing and delivering the deposit to the bank. Additionally, the funds are immediately available to you. 2. ARE MY PAYMENTS GOING TO BE PROCESSED ON THE SAME SCHEDULE AS THEY WERE BEFORE VENDOR DIRECT? Yes. 3. HOW QUICKEY WILL A PAYMENT BE DEPOSITED INTO MY ACCOUNT? Payments are deposited two business days after the voucher/invoice is processed. Saturdays, Sundays, and legal holidays are not considered business days. 4. HOW WILL I KNOW WHEN THE PAYMENT IS IN MY BANK ACCOUNT AND WHAT IT IS FOR? Under the Vendor Direct program you- will receive an e-mail notification two days prior to the day the payment will be credited to your designated account. The e-mail notification will come in the form of a remittance advice with die same information that currently appears on your check stub, and will contain the date that the funds will be credited to your account. WHAT IF THERE IS A DISCREPANCY IN THE AMOUNT RECEIVED? 5. Please contact your Westchester County representative as you would have in the past if there were a discrepancy on a check Reived. 6. WHAT IF I DO NOT RECEIVE THE MONEY IN MY DESIGNATED BANK ACCOUNT ON THE DATE INDICATED IN THE E-MAIL? In the unlikely event that this occurs, please contact the Westchester County Accounts Payable Department at 914-995-4708. 7. WHAT MUST I DO IF I CHANGE MY BANK OR MY ACCOUNT NUMBER? Whenever you change any information or close your account a new Vendor Direct Payment Authorization Form must be submitted. Please contact the Westchester County Accounts Payable Department at 914-995-4708 and we will e-mail you a new form. 8. WHEN COMPLETING THE PAYMENT AUTHORIZATION FORM, WHY MUST I HAVE IT SIGNED BY A BANK OFFICIAL IF I DON'T INCLUDE A VOIDED CHECK? This is to ensure the authenticity of the account being set up to receive your payments. �. i Westchestpr County*Department^bf-^Finance Treasu^ ibivtsion^ 1Authorization is;? ' (chepk.one) | G :New O , Change.. INSTRUCTIONS: 'Please; compete ^li^^Uo:ns\6f1hisAuth6fi2atioTi Form and "attach a voided check,. the reverse EleetroftiG Funds: Trar®fer(EFT): _ side for more information and Instructions, ftijail to;. Wesfehest^r County, Dep'artrnent-of Fjnance, Tteasuiy Division, 148 Martitie'AV6'nue, WMe^&ins, Attention; Vendor Direct 10801 1: Vendbr hietme: 2l.Ta>:payer ID Number.or Social Security dumber:- f 3; Vendor P.rimaty Address Contact Person Telephone. Mumb'en 4: Contact Person Name;' Vendor E-Mail Addresses for Remittance' Notification: I have-read and understand the Vendor Dkect Payment Program and here By authorize'payment's to-be received by electronic funds transferjrito.fhe bahk-thatj designate in Section % i; further understand that In th a .event "fba£ an :e rrcn eous electronic payments sent, Westcb$Mer:County resery$s the n^ht'to/everse, the eiedronic-payrneirt fn, the-evenlfhata reyer$ate$mpt'b& implemented, WesphesterCounty wiil utilize, ariy.btfferlg^&ffle&ps'to. retrieve payments- fq which. th&gayee wap.'riot enWe.d. 6. Vendor Cert'iftcation: Authorized Signature PrJnfcName/lifle- Date 7. Barikhiame: 8. Bank Address; 1.0. Account Type: (check one} 9-'. Routing Transit Number: 1 11. Bank Account Number: 13. Bank Contact Person Na$ie; j™j O Sayings 12. BankAccountTilie: p - * Telephone Number: 14: FINANCIAL INSTiTUTIOKCERTlFSCATION {required D!sit* if directing funds into a Savings Account D.R if a voided checSys npt .attached to this, form): {certify ihatthe. $&otihtfiuniber nday/5e of isocount Is maintained In, the, name: of We vendor named above,. As-a representative qfjhe named fintincita! Institution, 1 .certifyJ this financial Institution is AQH capable arid a'greesjii, repeiVe and deposit hat payments to the,:account.shown. Authorized .Signature Print Name •/ Tftie. D^fe, �Electronic Funds Transfer (EFT) Vendor Direct Payment Authorisation Form Please complete both sections of the Vendor Direct Payment Authorization Form and forward the completed form (along with a voided check for the account to which you want your payments credited) to: Westchester County Departmentof Finance, 148 Marline Ave, Room 720, White Plains, NY 10801, Attention: Vendor Direct Please see item 14 below regarding attachment of a voided check. 1. Provide the riarne of the vendor as it appears on the W-9 form. 2. Enter the vendor's Taxpayer ID number or Social Security Number as it appears on the W-9 form. 3. Enter the vendor's complete primary address (not a P.O. Box). 4. Provide the name and'telephone number of the vendors contact person, 5. Enter the business e-mail address for the remittance notification, THIS IS VERY IMPORTANT. This is the e-mail address that we wili use to send you notification and remittance information two days prior to the payment being credited to your bank account We suggest that you provide a group mailbox (if applicable) for your e-mail address. You may also designate multiple e-mail addresses. 6. Please have an authorized Payee/Company official sign and date the form and include his/her title, 7. Provide bank's name. 8. Provide the complete address of your bank, 9. Enter your bank's 9 digit routing transit number. 10. Indicate the type of account (check one box only). 11, Enter the vendor's bank account number. 12. Enter the title of the vendor's account. 13. Provide the name and telephone number of your bank contact person. 14. If you are directing your payments to a Savings Account OR you can not attach a voided check for your checking account, this line needs to be completed and signed by an authorized bank official. IF YOU DO ATTACH A VOIDED CHECK FOR A CHECKING ACCOUNT, YOU MAY LEAVE THIS LINE BLANK, NEW/change VEN EFTS/OS p �Schedule '""" Other Federal Reqmrements " " ' _ j. "Section 3" Compliance in the Provision of Training* Employment and Business Opportunities:' . • ..The work to be performed hereunder ig.ofl a projeot'assisted under a-program providing direct Federal financial assistance from the Department of f u s i n g and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (Section 3); Section 3 requires that to the greatest extent feasible' opportunities for training and employment be given lower income residents of the project area and contracts for work hi connection with the project be awarded to business concerns which are located in", or owned in substantial part, by persons residing in the area of the project. All parties hereto will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract All parties hereto certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. The requirements of Section 3 apply to recipients of Housing and Community Development Assistance that invest in $200,000 or more into projects/programs; involving housing construction, rehabilitation or other public construction. Ail contractors (subcontractors) receiving covered funds in excess of $100,000 to complete projects involving housing construction, rehabilitation, or other public construction are required to comply with all requirements of set forth in Section 3 The Municipality acknowledges that it is their sole responsibility to determine whether it or its subcontractors are in compliance with all terms and conditions of Section 3. of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The recipients of these funds shall adhere to the following, and all sub contracts shall include the language below: 1 (ii). Pursuant to § 135.38, all section 3 covered contracts shall include the following clause (referred to as the "Section 3 Clause"): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (section 3). The f purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. p B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding if any, a notice �advising the labor organization or workers' representative of the contractor's commitments under .this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, • availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance With regulations in 24 CFR. part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135, E. The contractor will certify that any vacant employment positions, including training positions, that arefilled(I) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were notfilledto circumvent the contractor's obligations under 24 CFR part 135.. . F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, • termination of this contract for default, and debarment or suspension fromfixtureHUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and. employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given, to Indian organizations and Indian-owned Economic Enterprises. Parties to this, contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). The recipient shall provide such copies of 24 CFR Part 135 as may be necessary for the information of parties to contracts required to contain the Section 3 clause. 2. Flood Disaster Protection: This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (FX. 93-234). No portion of the assistance provided under this Agreement is approved for acquisition or construction purposes as defined under Section 3(a) of said Act, for use in an area identified by the Secretary as having special flood hazards which is located in a community not then in compliance with tire requirements for participation in the national flood insurance program pursuant to Section 201(d) of said Act; and the use of any assistance provided under this Agreement for such acquisition or construction in such identified areas in communities then participating in the national flood insurance program shall be subject to the mandatory purchase of flood insurance requirements of Section 102(a) of said Act. Any contract or agreement for the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement shall contain, if such land is located in an area identified by the Secretary of HUD as having special flood hazards and in which three sale of flood insurance has been made available under die National Flood Insurance Act of 1968, as amended, 24 tlS.C. 4001 et seq^ provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial �assistance for acquisition or construction purposes underSection 102(a) of the Flood Disaster Protection is not itself funded with assistance provldedunder tills Agreement . , 3. Equal Employment Opportunity,(a) Minority and Woman Business Outreach Programs: The Municipality agrees to be bound byand cpmglx wl#i g o K ^ and procedures established by any CQ35!^lHpigjigdg4iptjipn> ,..r., „,„ mcfiiding but not iimitedfo''the Sfete of New York or ihe County/regardirig any outreach programs for • • • - .. • woman and minority owned business required by Section 281 of the National Affordable Housing Act, as amended. (b) Activities and contracts not subject to Executive Order 11246, as amended, In carrying out the program^ the Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor shall take affirmative action to insure that applicants for employment axe employed, and that employees are treated during employment; without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment. . advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the County setting forth the provisions of this nondiscrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color; religion, sex, or national origin. The Contractor shall incorporate the foregoing requirements of this paragraph (a) in all of its contracts for program work, except contracts governed by paragraph (b) of this section, and will require all of its contractors for such work to incorporate such requirements in all subcontracts for program work. (c) Contracts subject to Executive Order J1246 as amended. Such' contracts shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130, applicable to HXJD assisted construction contracts. The Contractor shall cause or require to be inserted in full in any nonexempt contract and subcontract for construction work, for modification thereof, as defined in said regulations, which is paid for in "whole or in part with the assistance provided under this Agreement, tine following equal opportunity clause: During the performance of this contract, the Contractor agrees as follows: (I) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees axe treated during employment, without regard to their race? color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or trafisfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including ' apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the County setting forth the provisions of this nondiscrimination clause. . • �D (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard, to race, color, religion, sex or national origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract of understanding, a notice to be provided by the County advising the said labor union or workers' representatives of the contractor's commitment under this section and shall post copies of the ootice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Executive Order 11246 of September 24,1963, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24,1965, and by the rules, regulations, and orders of the Secretaiy of Labor, or pursuant thereto, and will permit access to Ms books, records, and accounts by HUD and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of tine Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contract procedures authorized in Executive Order 11246 of September 24.1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 25,1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as HUP or the County may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontract or vendor as a result of such direction by HUD or fee County, the Contractor may request the United States to enter into such litigation to protect the interest of fee United States. The Contractor further agrees feat it will be bound by fee above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that iffeeContractor so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. p The Contractor agrees feat it will assist and cooperate actively with HUD and the Secretaiy of Labor in obtaining fee compliance of contractors and sub-contractors wifefeeequal opportunity clause and the rules, regulations, and relevant order of the Secretaiy of Labor; that it will furnish HUD and the Secretary of Labor such information as they might require for the supervision of such compliance; and that it will otherwise assist HUD in fee discharge of its primary responsibility for securing compliance. �The Contractor further agrees that it will retain from entering into any contract or contract or who has not'demo'nstrated eligibility for, Government contracts' 'andTederaliy assisted constraction contracts pursuant to the executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and sub-contractors by HUD or the Secretary of Labor pursuant to Part IX, Subpart D of the executive order. In addition, the Contractor . . agrees that if it fails or refuses to comply with these undertakings, HUD or the County may take any or all .of the fo&nyfsp^pBs: Cancel susge^.m whofe or m Raft t[i& gcant or gmatit^ or, ' T O ' c o n K ^ refrain from^t&ntfng"any further assistancelo the Coffictorunderlie'program wth" respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Contractor; and refer the case to the Department of Justice for appropriate legal proceedings. • 4. Lead-Based Famt Hazards The construction or rehabilitation of residential structures with assistance provided under this Agreement is subject to the HUD Lead-Based Paint Regulations, 24 CFR Part 35, as modified by Section 570.608 of SubpartK. Any grants or loans made by the Contractor for the rehabilitation of residential structures with assistance provided under this'Agreement shall be made subject to the provisions for the elimination of lead-based paint hazards under Sub-Fart B of said regulations, and the Contractor shall be responsible for the inspections and certifications required under Section 35.14(f) thereof, 5< Compliance with Air and Water Acts: This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et. seq, and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15} as amended from time to time. In compliance with said regulations, the Contractor shall cause or require to be inserted in full in all contracts and subcontracts: with respect to any nonexempt transaction thereunder funded with assistance provided under this Agreement, the following requirements: (1) A stipulation by the Contractor or Sub-contractor that any facility to be utilized in the performance of any nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 4r0 CFR 15.20. (2) Agreement by the contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857-c-S) and Section 308 of the Federal Water Pollution Control Act, as amended (33 USC 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. (3) A stipulation that as a condition for the award of the contract prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. �s (4) Agreement by the contractor that he will include or cause to be included the criteria mid requirements in Paragraph (1) through (4) of this section in every nonexempt subcontract and requiring that the contractor will take such action as HUD and/or the County may direct as a means of enforcing such provisions. In no event shall any amount of the assistance provided under this Agreement be utilized with respect to a facility which has given rise to a conviction under Section 113(c)(1) of the Clean Air Act or Section 309 (c) of the Federal Water Pollution. Control Act. 6. Federal Labor Standards Provisions; Except with respect to the rehabiHtatbn of residential properly designed for residential use for less than eight families, the Contractor and all Contractors engaged under contracts in excess of $2,000,00 for the construction prosecution, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement, shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3,5 and 5a, governing the payment of wages and the ratio of apprentices and trainees to journeymen: Provided, that if wage rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve the Contractor of its obligation, if any, to require payment of the higher rates. The Contractor shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5 and, for such contracts in excess of $10,000,29 CFR 5a.3. No award of the contracts covered under this section of the Agreement shall be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract, 7. Nondiscrimination Under Title VX of the Civil Rights Act of 1964 This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto, including the regulations under 24 CFR Part I In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Contractor shall cause or require a covenant running with tire land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex, or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the Contractor, the United States, and tire County are beneficiaries of and entitled to enforce such covenant The Contractor in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. Obligations of Contractor with respect to Certain Third Party Relationships: The Contractor shall remain fully obligated under the provisions of the Agreement notwithstanding its designation of a third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement to the Municipality. The Contractor shall comply with all lawful requirements of the County necessary to insure that the program with respect to which assistance is being provided under this Agreement to the Contractor is rsu-riftrl rvrrf in sir/MYtanr-.e. xx/ttfifrh/trY\iirjfx/'e A cc-tir;mr\<=>c anrl fVrf i ft rati An c f-n WTTT> tnr>!uHinor tU/Nco xxnth �respect to the assumption, of environmental responsibilities of the Applicant under Section 104(h) of the HSusmg""^ 9. Interest of Certain Federal Officials: Ho member of or Delegate to the Congress of the United States, and no Resident Commissioner* shall be admitted to any share or'part of this Agreement or to any benefit to arise from the same. "jo; "TnteS "•r-::r• Members, ofLocatl Governing Board, or Other Public Officials: " " : r No Member, officer, or employee of the Contractor, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public .official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. The Contractor shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section. 11. Prohibition Against I*a.vments of Bonus or Commission: The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval of applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974, or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical Contractor, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as a program cost. 12. Debarment: The Municipality further agrees to comply with the requirements set forth in 24 CFR part 5 that assistance under this part shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the services of, or fund any contractor or sub recipient during any period of debarment, suspension, or placement in ineligibility status under the provisions of 24 CFR part 24. 13. Conflicts of Interest: The Municipality farther agrees with the conflict of interest provisions in 24 CFR 85.36 and 84.42, respectively, shall apply and that the Municipality shall folly comply with same. In all cases not governed by 24 CFR 85.36 and 84.42, the provisions of this section;, Fart 570.611 (a)(2) shall apply. Such cases include the acquisition and disposition of real property and the provision of assistance by the recipient or by its sub recipients to individuals, businesses or other private entities under eligible CDBG activities that authorize such assistance (e.g. rehabilitation, preservation, and other improvements of private properties or facilities pursuant to §570.202; or grants, loans, and other assistance to businesses, individuals, and other private entities.pursuant to §§570.203,570.204,570.455, or 570.703(i) shall apply. 14. Miscellaneous The parties represent that none of them has, hor will have any understanding, oral or written, with any other person or party relating to the misuse,, misappropriation, or "kickback" of any of three federal �ta monies paid or to be paid hereunder. The parties agree to comply with all applicable federal, state and local laws, codes, ordinances, rules, and regulations including, but not limited to, the Housing and Community Development Act of 1974 and the rules and regulations thereunder, as the same may be . amended. Without limiting the generality of the foregoing, the parties will comply with 24 CFR Part 35 regarding elimination of lead based paint hazards, with 24 CFR Part 15 regarding the requirements of the Clean Air Act and Federal Water Pollution Act, and with Title VI of the Civil Rights Act of 1964 together with 24 CFR Fart 570,601,24 CFR Part 1 and Executive Order 11246, to the effect that no person in the United States shall, on the ground of race, color, national origin or sex, be excluded for participation in, denied the benefits of or be otherwise subjected to, discrimination under any activity involving federal assistance. The Owner (but not any of the Contractors) agrees to cause to be included in any instrument of sale, lease, or conveyance of the properly improved with federal assistance hereunder, a clause obligating the transferee and successors to observe the requirements of Title VI of the Civil Rights Act of 1964. Where applicable, the Municipality shall comply wife the conditions prescribed by HUD for the use of CDBGfimds by religious organizations 15. Exhibit! Where applicable, attached hereto and made a part hereof is Exhibit 1, which exhibit contains certain of the regulations referred to in this agreement. 16. Subpart K ~ Other Program Requirements The recipient agrees to comply in all respects with the program requirements set forth in Subpart K of Part 570 of the Federal Regulation (24 CFR 570.600 etseq.), including without limitation, 570.610 Uniform administrative requirements and cost principles. Additional guidance on this subject can be found in OMB circular No. A-87 "Cost Principles for State, Local and Indian Tribal Governments"; OMB Circular A-128 "Audits for State, Local and Tribal Governments" and 24 CFR Part 85 "Uniform Administrative Requirements". Further, the recipient will comply with 570.613 Eligibility restrictions for certain resident aliens as described in 24 CFR Part 49, as well as the Architectural Barriers Act and the Americans Disabilities Act as set forth in 570.614 of the CDBG Regulations 17. Program Income • Prior to the disbursement of any funds pursuant to this agreement, the recipient shall execute and deliver to the county either (1) a written statement by the Public Officer of the municipality, Officer of the authorized representative of the recipient that there will be any "program income" as that term is defined pursuant to 24 CFR 530.3; or (2) a program income agreement between the County and the recipient regarding the disposition of program income prepared in the form specified pursuant to 24 CFR 504.(c). 18. Reversion of Assets The Municipality accepts all terms and provisions of 24 CFR 85.43 ("Enforcement") if the Municipality fails to comply with any term of the award, and that the award may be terminated for convenience in accordance with 24 CFR 85.44. The recipient agrees that upon the expiration of this agreement with die County, that any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds shall be transferred to the County, for recommital to the CDBG program. Hie recipient further agrees that it will ensure that any real property under the recipient's control that has been acquired or improved in whole or in part by CDBG funds in excess of $25,000 is either: �agreemeaC or- suchTonger period of time as dete'rrafned appropriate by the 'Courity; or 2) Is disposed of m a manner which results in the County being reimbursed in the amount of the Fair Market value of the property less any. portion thereof attributable to expenditures of,pon-CDBG.funds , for acquisition of, or improvement to, the property. Such reimbursement is not required after the peripd.of.time.spe.fiified.m ,accprd,^ce wifej.) above,.. „,.„,. �Schedule «E» Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A.l. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work (or under fee United States Housing Act of 1937 or under the Housing Act of 1949 in the constniction or development of fee project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under fee Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage of determination of fee Secretary of Labor , regardless of any contractual relationship which might be alieged to exist between fee contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to fee provisions of 29 CFR 5.5(a)(l)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, and programs, which cover fee particular weekly period, are determined to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid fee appropriate wage rate and fringe benefits on the wage determination forfeeclassification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, feat fee employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification, and wage rates confirmed under 29 CFR Part 5.5(a)(1)(H) shall be posted at all times by fee contractor and its sub-contractors at the site of fee work in. a prominent and accessible place where it can be easily seen by fee workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under fee contract shall be classified in conformance wifefeewage determination. HUD shall approve ait additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in fee wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. �(b) If the contractor and the laborers and mechanics to be employed in the classification (if , l&ibwn)r6FtKe^ agree "oiTtlSeH^ (including the amount designated for fringe benefits where appropriate)," a report of the action taken shall " be sent by HUD or its designee to the Administrator of the Wage and Hour Division. Employment Standards Administration. U.S. Department of Labor. Washington, DC 20210, The Administrator, or an .. authorized representative, will approve, modify, or disapprove every additional classification action within 50 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 3 0-day period that additional time is necessary , (Approved by the Office of Management and Budget under O ® ConfroTta 1215-0140)7" " """""" (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their.representatives, and HUD or its designee do not agree on the proposed classification and wage rates (including the amount designated for fringe benefits, where appropriate) HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HXJD or its designee, .to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (l)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the DavisBacon Act have been met. The secretary of labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or sub-contractor the full amount of wages required by the contract in the event of failure to pay any laborer or mechanic, including any apprentice trainee or helper, employed or working on the site of the work (or under the United States Housing act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract. HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or sub-contractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. �3 (I) Payrolls and Basic Records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for- a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such work, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fidefringebenefits or cash equivalents thereof of ihe types described in Section 3(b)(2)(B) of the Davis Bacon Act), daily and weekly number of hours worked, deductions made mid actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a) (l)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefit is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 12150140 and 1215-00017), (ii)(a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case might be, for transmission to HUD or its designee. Hie payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-00500014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all sub-contractors, (Approved by the Office of Management and Budget under OMB Control Number 1215-0149). (b) Each payroll submitted shall be accompanied by a "Statement of Compliance", signed by tire contractor or sub-contfactor or his or her agency who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That die payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5 (a)(3)(i) and that such information is correct and complete. (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or Indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3(ii)(b) of this section. �contractor to civil or criminal prosecution under Section 1001 of Title IS and Section 231 of Title 31 of the United States Code. (iii) The contractor or sub-contractor shall_majke .the records required under paragraph A.3(i). .,„ of tins section available for inspection, copying or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees 'duri^ If tEe contractor or su&-contractor fails to submit die required records or" make diem available, HUD'.or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 4 (I) Apprentices and Trainees. Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such m apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a ' State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ration of apprentices to journeymen on the job site in any craft shall not be greater than the ration permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage.rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for die work actually performed. Where a contractor is performing construction on a project in a locality other than that in which the program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor^ or sub-contractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprenticed level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paidfringebenefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specifyfringebenefits, apprentices must be paid the full amount offringebenefits listed on the wage determination for the applicable classification, If the administrator determines that a different practice prevails for the applicable apprentice classification, fringe shall be paid in accordance with that determination. In the event the Bureau .of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. Every traineemust be paid at not less than the rate specified in die approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount offringebenefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage �determination which provides for less than foil fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid, not less than the applicable wage rate on the wage determination for the work actually performed In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.- In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the acceptable predetermined rate for die work performed until an acceptable program is approved. (iii) Equal Employment Opportunity, The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or sub-contractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the sub-contractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier sub-contractor with all contract clauses in 29 CFR Part 55. 7. Contracts Termination: Debarment. A breach of the contract clauses in 29 CFR; 5,5 may be grounds forterminationof the contract, and for debarment as a contractor and a sub-contractor as provided ia 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of die Davis-Bacon and Related Acts contained in 29 CFR Parts 1,3 and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning Labor Standards, Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this-contract Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5,6, and 7. Disputes within the meaning of this clause Include disputes between the contractor (or any of its sub-contractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (T) Certification of Eligibility. By entering into this contract, Hie contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR P Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5r. 12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in tire U.S. Criminal Code, 18 U.S.C., "Federal Housing Administration Transactions" provides in part, "Whoever, for the purpose of., influencing in any way the action of such administration.. makes, utters or publishes any �statements knowing the same to be false,.. shall be fined not more than $5,000 or imprisoned not 11. Complaints, Proceedings or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract"are applicable shall b'e"-— discharged or in any other manner discriminated against by the Contractor or any sub-contractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has • testifiedor is about to testify in any proceeding under or relating to the labor standards applicable under r '*": "" *T*:"" B. Contract Work Hours and Safety Standards. As used in this paragraph, the terms "laborers" and "mechanics'include watchmen and guards. (1) Overtime Requirements. Ho contractor or sub-contractor contracting for any part of the contract work which may rbqiure or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which ho or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. (2) Violation: Liability for Unpaid Wages: Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph the contractor and any subcontractor responsible therefor shall be liable to the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under the contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of die standard workweek of forty hours without payment of the overtime wages • required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for Unpaid Wages and Liquidated Damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or sub-contractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the contract Work Hours and Safely Standards Act, which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or sub-contractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or sub-contractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any sub-contractor or lower tier sub-contractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety �(1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretaiy of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary "of Labor pursuant to Title 29, Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54.83, Stat 96). (3) The Contractor shall include the provisions of this Article in eveiy subcontract-so that such provisions will be binding on each sub-contractor. The contractor shall take such action with respect to any subcontract as the secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. �Schedule "F" Certification Regarding Lobbying Certification for Contracts,, Grants., Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, 1-) No"Federal'appropriated"funds' havebeen 'paid- or will be-paidy byoron-behaif of the-undersigned; • to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress* or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement, 2) If any funds other than the Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the federal contract,, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, '^Disclosure Form to Report Lobbying'5 in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, snbgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (Name of Organization) (Signature of Responsible Official) (Grant Number) (Date) �"Schedule "Gw Certification Regarding Drug Free Workplace Requirements GRANTEES OTHER THAN XNBrVIPXJALS This certification is required by regulations implementing Sections 5151-5160 of fee Drug-Free Workplace Act of 1988 (Tub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701 et seq.),7 CFR.Part3017, Subpart F, Section 3017.699 and 45 CFR Fart 76, Subpart F- The January 31? 1989 regulations were amended an published as Part II of the May 25, 1990 Federal Register (Pages 2X681-21691). The grantee certifies feat it will provide a drug-free workplace by: a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee^ workplace and specifying-the actions that will be taken against employees for violation of such prohibition: b) Establishing a drug-free awareness program to inform employees about 1) 2) 3) 4) The dangers of drug abuse in the workplace; The grantee's policy of maintaining a drug-free workplace; Any available drug counseling, rehabilitation, and employee assistance programs; and The penalties that may be imposed upon employees for drag abuse violations occurring in the workplace. c) Making it a requirement feat each employee to be engaged in the performance of fee grant be given a copy of the statement required by paragraph (a); d) Notifying fee employee in fee statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: 1) Abide by fee terms of fee statement; and 2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; e) Notifying fee agency within ten days of receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; f) Taking one of fee following actions, within 30 days of receiving notice under subparagraph (d)(2) with respect to any employee who is so convicted: 1) Taking appropriate personnel action against such an employee, up to and including termination; or 2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement or ofeer appropriate agency; g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a),(b), (c), (d), (e), and (f). * (Organization) (Authorized Signature) �Schedule «H» Certification Regarding debarment and Suspension - 1) As required by Federal Executive Order 12549, and prescribed by federal regulations, including 40 CRF Part 32, the contractor certifies that it, and its principals; .. (a). Aye nof preseqtly disbgn-ed, suspended, proposed for debarment, declared ' ineligible or voluntary excfudS by any Federal SeparEient or agencyf (b) Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction, including any violation of Federal or State antitrust statutes or commission of embezzlement^ theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Axe not presently indicted for or otherwise criminally or civilly charged by a Government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (b) above; and (d) Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2) Where the Contractor is unable to certify to any of the statements in this paragraph, the Contractor shall attach an explanation to this certification. Date: Authorized Signature Title Organization �COUNTY OF WESTCHESTER IMPORTANT INSURANCE REQUIREMENTS Contracts returned to the Department of Planning must be held until the correct insurance is submitted. T h e most c o m m o n reason a contract is delayed is because of incomplete insurance attached to the contract. Please check these items: • General Liability - m i n i m u m of $ 1 million NOTE: WESTCHESTER COUNTY MUST BE NAMED ADDITIONAL INSURED. • Automotive Liability - M i n i m u m of $ 1 million • Workers Compensation/Employers Liability * - M i n i m u m of $100,000.00 • For Consultants Only - M u s t Provide Consultant Professional Liability $1 million FOR FURTHER INFORMATION, CALL CARLA FRIOLEAU AT 995-2406. Where an applicant claims to not be required to carry either a Workers' Compensation Policy or Disability Benefits Policy, or both, the employer must complete NYS form CB-200, available to download at: www.wcb.state.nv.us (click on Employers/Businesses then Business Permits/Licenses/Contracts to see instruction manual). If the employer is self-insured for Worker's Compensation, he/she should present a certificate from the New York State Worker's Compensation Board evidencing that fact (Either SI-12. Certificate of Workers* Compensation Self-Insurance, or GSI-105.2, Certificate of Participation in Workers' Compensation Group Self-Insurance), �Meeting Date: Resolution: 08/10/2010 08/128/2010 Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow Approving the Action of the Fire Chief BE IT RESOLVED that the Mayor and Board of Trustees of the Village of Sleepy Hollow approves the action of the Fire Chief in electing Angelo Toribio, Julio Sosa, Kevin Moya, Frank Curanaj & Stephen Bencosme to the Firefighter Trainee Program of the Sleepy Hollow Fire Department, BE IT FURTHER RESOLVED that the Board of Trustees directs the Village Clerk to notify the Fire Chief in writing of this resolution. Moved: Trustee Campbeii Seconded: Trustee Carr Absent: Deputy Mayor Capossela p Vote: 5-0 �Skepy Hott&w Tire (Department Fire Patrol Co. No. 1 Organized. 1876 John E. Korzeiius Chief Engineer Pocantico Hook & Ladder Co. No. 1 Organized. 1878 William F. Ryan 1 s t Assistant Chief Rescue Hose Co. No. 1 Organized. 1887 Patrick S. Haggerty nd 2,ND Assistant Chief Union Hose Co. No. 2 Organized. 1887 Columbia Hose Co. No. 3 Organized. 1899 1876 More than a Legend 28 Beekman Avenue Sleepy Hollow, New York 10591 Phone (914) 366-5119 • Fax (914) 332-1307 Email- sleepybo5lowfire@villageofsleepyhollow.org 8/9/2010 Trustee David Schroedel Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, NY 10591 Trustee Schroedel: This letter is being sent to officially notify the Sleepy Hollow Board of Trustees of a personnel action taken by Chief Engineer John E. Korzeiius. The Chief was notified on August 3 r d that the following persons were accepted to the Firefighter Trainee Program of the Sleepy Hollow Fire Department. Angelo Toribio Julio Sosa Kevin Moya Frank Curanaj Stephen Bencosme The Chief requests that the Board approve the above memberships. Respectfully, Christopher G. Scelza Cc: Mayor Wray Board of Trustees Village Administrator Village Clerk �BE IT RESOLVED that the Mayor and Board of Trustees of the Village of Sleepy Hollow approve a request made by the Immaculate Conception Church to have a Fall Festival on September 10,11,12, 17,18, and 19, 2010 from 6:00 p.m. to 11:00 p.m. Moved: Trustee Schroedel Seconded: Trustee Campbell Absent: Deputy Mayor Capossela p Vote: 5-0 �Immaculate Conception 199 North Broadway Sleepy Hollow, NY 10591 July 27, 2010 Mayor and Board of Trustees Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, NY 10591 Re: Request for use of Depeyster Street Dear Mayor and Board of Trustees: Immaculate Conception Church is planning to hold a Fall Festival on the nights of September 10, 11, 12,17, 18 and 19th, 2010 from 6 p.m. until the time allowed by the Village Festival Ordinance. We are requesting permission to close Depeyster Street, between North Broadway and North Washington Street, during the period stated above. Due to lack of space, we would like to put three (3) trailers, which would contain the merchandise booths on the south side of the street adjacent to the Church property. They would remain there for the duration of the Festival. This would allow us to utilize the lot and the adjoining church building more adequately. We are in the process of arranging for proper lighting and the necessary insurance coverage. We plan to meet with the Chief of Police and Fire Departments in order to comply with any safety measures they request. Thanking you for your cooperation, I remain Msgr. Louis J. Mazza Pastor � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-08-10 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/413c4ce99980aa2d53a2d1c8130d4824.pdf 64633b4d82b1d2653e896d82a75181ec PDF Text Text The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday July 27, 2010, in Village Hall, 28 Beekman Avenue, Sleepy Hollow, and New York. Present: Mayor Kenneth G. Wray Deputy Mayor Thomas Caposseia David Schroedel Barbara Carr Karin Wompa Evelyn Stupel, Trustees Absent: Bruce Campbel, Trustee Also Present: Anthony P. Giaccio, Village Administrator Janet Gandolfo, Village Counsel Richard Gross, Village General Foreman Sean E. McCarthy, Village Building Inspector Paula A. McCarthy, Village Clerk John Kapica, Police Chief At 7:05 p.m. the Mayor called the meeting to order with a pledge to the flag. The Village Clerk read the Public Hearing announcement for the Retirement Incentive Program. Mayor opened the meeting to the public. Mr. Giaccio explained that there are four possible candidates that may be eligible for retirement, and that this Incentive would have to be adopted by the end of the August. Mayor said this subject has been discussed in a previous work session. On a motion by Trustee Shroedel, seconded by Trustee Carr, this Public Hearing was closed. It was unanimous. 5-0 Approval of Warrants : Deputy Mayor Caposseia moved, seconded by Trustee Schroedel to approve the warrant for $421, 323.95. Mayor announcements: Mayor announced that the Board of Trustees will meet twice in August, the 10th and 24th for the Board Meetings, and that Work Sessions will be done before the Board Meetings if needed. �Public Comments: Mayor opened the Meeting to Public Comments and evoked the 5 minute rule. There were no comments. Trustee Reports: Trustee Schroedel announced that the Police Advisory Committee met last night for the first time. Trustee Shroedel stated that there was a frank discussion and needs were made known and that this Committee will meet again in August. Trustee Shroedel also stated that the Public Safety Committee met this evening to review MEU negotiations. Trustee Carr stated that the seniors met and discussed the kitchen at the Senior Center. Trustee Carr mentioned that Mr. Giaccio would comment on the Douglas Park project. Deputy Mayor Caposseia stated that he attended the Fire Department Inspection dinner and thanked the Fire Department for the invitation. He also complimented the Fire Department for all their hard work. Deputy Mayor Caposseia read the DPW report and stated that prices for a backhoe are being sough, and the street light poies painting on Beekman Avenue was completed. He also stated that the Rt 9 Culvert project wiil begin tomorrow, and will take two weeks to complete. Deputy Mayor stated that the field lights are on at Devries Park and thanked Anthony and Sean for a job well done. Trustee Wompa reported that the Village Administrator is doing a search for IT providers and that the Downtown Revitalization has begun working at the Morse School's project. Trustee Wompa also reported that a greenhouse will be started at the Washington Irvington School and will look to do the same at Morse School after meeting with a iandscaper Trustee Stupel reported that there were eleven cases in court for housing matters and that the process is going well. Administrator's Report: Anthony Giaccio reported that DPW employees attended harassment prevention training offered by the Village's insurance company. The Village will continue to offer training on an on-going basis as one of the initiatives set forth by the Safety Committee, which meets at least 4 times a year. The Sleepy Hollow Street Fair will be held on Sept 12,10am~5pm. This is also the same day as the swim-a-thon. �Mr. Giaccio also reported that the Village Clerk attended a Municipal Clerk's training course at Cornell University in Ithaca, NY. The DPW is assisting with the Morse School Playground and work has recently begun. Resolutions; see attached Navor announcements: Mayor announced that the new leaf blowers regulation goes into affect 10/1/2010. Public Comments: Mayor stated that the future decision of the Architectural Review Board will be made by the end of August. Trustee Carr asked about for an update on the Douglas Park project. Anthony Giaccio informed the Board that there was a safety concern related to one of the playground structures at its proximity to the tree line. As a result, the location was changed. Village DPW reestablished the swale, which enabled "Follow the Child" to complete the final design. The Mayor asked when the project would be completed. Mr. Giaccio said that the majority of the project would be completed by the middle of September, New Business Mayor appointed Mrs. Josephine Galgano to the Public Advisory Committee. Public Comments: Mayor opened meeting to the Public and evoked the 5 minute rule. Ms. Joyce Armstrong addressed the Mayor and the Board of Trustees and stated that she had a complaint against a Police Officer and asked if there is an Ethic Board she can address her concerns to. Mayor directed Ms. Armstrong to speak to Chief Kapica about her concerns. Rachae! Hansen thanked Anthony Giaccio and the Board of Trustees for all their work in Douglas Park. �At 8:10 p.m. on a motion by Trustee Wompa, seconded by Trustee Stupel, the meeting was adjourned. Respectfully submitted, Paula A. McCarthy Village Clerk � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-07-27 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/015560e4ac59af85f9ecfcd7107d6760.pdf 1b2fb260ef6202f8a79236c3a27e028f PDF Text Text Meeting Date: Resolution: 07/13/10 07/112/10 Whereas, the New York State legislature has recently enacted a law entitled the "New York State 2010 Retirement Incentive Program" and Whereas, the State of New York is permitting state and local employers to provide one, both or neither of the incentives under the plan; and Whereas, the Board of Trustees Finance Committee has reviewed the provisions of said law and determined that it might be financially beneficial for the Village of Sleepy Hollow to opt into the Program; Now, therefore, be it resolved the Board of Trustees will schedule a public hearing to be held on Tuesday, July 27^^ 2010 to hear and consider comments from the public regarding the adoption of a Local Law to adopt the New York State Retirement Incentive Program." Moved: Trustee Schroedel Seconded: Trustee Carr Vote: 6-0 �Meeting Date: Resolution #: 07/13/10 07/ 113/10 Resolution of the Board of Trustees of the Village of Sleepy Hollow to approve funding for WESTCOP WHEREAS, the Village of Sleepy Hollow supports the activities offered by Westchester Community Opportunity Program (WESTCOP) to the residents of Sleepy Hollow; and WHEREAS, WESTCOP has requested funding from the Village for academic enrichment, recreation and youth socialization activities; and WHEREAS, The Sleepy Hollow Village Board has allocated $10,000 in the 2010/2011 operating budget to support activities offered by WESTCOP, NOW, THEREFORE, BE IT RESOLVED that the Mayor and the Board of Trustees herein authorize the $10,000 to be disbursed from the Village's budget to the Westchester Community Opportunity Program Inc. Moved: Trustee Campbell Seconded: Trustee Capossela Vote: 6-0 undersigned the foregoing ts .ffidaj^e?! thlsjl^dw msiBi Oerit ^ �Meeting date: 07/13/10 Resolution: 07/115/10 Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow Authorizing a Raise for Certain Non-Union Employees WHEREAS, The Village Administrator has reviewed the performance of the following non-union employees, Paula McCarthy, Clara Zamora , Amalia Macedo and Rae Lee, and has recommended a salary increase for these individuals, NOW, THEREFORE, BE IT RESOLVED that a 2% salary Increase shall be granted to the above employees effective June 1, 2010, and Moved: Deputy Mayor Capossela Seconded; Trustee Schroedel I, Vote: 6-0 the undersigned at the foregoing is anTTnirther c k i f y that the same was entered into the miSutes of tLe meeting of said Board of Trustees held on m w n S i s S WHEREOF. I havejier^ynto set my hand a^^ offidat �Meeting Date: 07/13/10 Resolution: 07/116/10 Whereas, the Village of Sleepy Hollow has determined that Marine 27 is surplus and has agreed to exchange with the New Jersey Naval Museum for 75 tour tickets and a World War 11 Submarine lecture at the new Senior Center. Now therefore be it resolved, that the Mayor and the Board of Trustees herein authorize the exchange of Marine 27 to the New Jersey Naval Museum effective July 14 2010. Moved: Trustee Schroedel Seconded: Trustee Campbell Vote: 6-0 the undersigned a true copy of an extract duly adopf^ by the Trustees T r u s ^ of the Village of Sj^py Hollow, ' 20 JQ^ and of the whole thereof, -na I certify that the same was entered into the nd I further a «nutes of the meeting of said Board of Tnjstees held on N wnWESS WHEREOF. I haveJweunto set my official se9Ht«SiiZt£_day of,.,, a U^. �Meeting date: 07/13/10 07/117/10 Resolution: Whereas, the Collective Bargaining Agreement between the Village of Sleepy Hollow and Local 456, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers terminated on May 31, 2010; and Whereas, the parties are desirous of entering into another agreement for a term of 2 years; and Whereas, the Board of Trustees believes the terms and conditions negotiated by the Mayor and Administrator are in the best interests of the Village; Now, therefore, be it resolved, the Board of Trustees authorizes the Mayor to execute the attached Collective Bargaining Agreement with Local 456, which modifies the terms and conditions of the current Agreement as follows: 1. Article IV, entitled Classification Rates and Wages as is indicated on Schedule "A" annexed hereto shall be modified as follows: The salary schedule currently in effect in said Agreement shall be increased across the board by 1.5% effective June 1, 2010 (see attached Schedule "A"). Effective June 1, 2011, the salary schedule in effect as of June 1, 2011 shall be increased across the board by 2.5% (see attached Schedule "B"). 2. All other terms and conditions currently in said Agreement shall remain the same for the term of the Agreement, June 1, 2010 to May 31, 2012. Moved: Deputy Mayor Capossela Seconded: Trustee Stupel Vote: 5-1 Trustee Campbell voted: No a£rii/Deputy a'eH<, do S ^ S ' c / i f y thaJ'Se a tfw copy of an extract duly adopted by the Board of T^tees of the Village of si^py Hollow, on the Z ^ d a v of-Ay^y ^ 20JO_ and of the whole thereof, and I further certify that the same was entered into the minutes of the meeting of said Board of Trustees held on said date. aiFK^eapa^ Clerk �SETTLEMENT MEMORANDUM Between THE VILLAGE OF SLEEPY HOLLOW and LOCAL 456, INTERNATIONAL BROTHERHOOD OF TEAMSTERS CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA Dated: July 13, 2010 The Village of Sleepy Hollow, by its Administrator, Anthony Giaccio and Local 456, by its representative, John Arena, hereby agree to present the following settlement tenns and conditions regarding the Collective Bargaining Agreement for a term commencing June I, 2010 and ending May 31, 2012 to their respective parties, for approval: 1. Article IV, entitled Classification Rates and Wages as is indicated on Schedule "A" annexed hereto shall be modified as follows: The salary schedule cun-ently in effect in said Agreement shall be increased across the board by 1.5% effective June 1, 2010 (see attached Schedule "A"). Effective June 1, 2011, the salary schedule in effect as of June 1, 2011 shall be increased across the board by 2.5% (see attached Schedule "B"). 2. All other terms and conditions currently in said Agreement shall remain the same for the term of the Agreement, June 1, 2010 to May 31, 2012. 3. This settlement memorandum is made without prejudice to the respective rights of either the Village of Sleepy Hollow or Local 456. �Signed this 13"' day ofJuly, 2010: Village of Sleepy Hollow P. By: Anthony Giac^ Village Administrator Local 456 �VILLAGE OF SLEEPY HOLLOW DPW SALARY PROJECTION SCHEDULE A SCHEDULE B Current Jun-10 Jun-11 $63,783.50 $64,740.25 $66,358.75 Sanitation Worker $59,473.93 $60,366.04 $61,875.19 Assistant-Sanitation $64,422.48 $65,388.82 $67,023.54 $69,268.95 $70,307.98 $72,065.68 $68,106.28 $69,127.87 $70,856.07 $65,206.81 $66,184.91 $67,839.53 $66,752.62 $67,753.91 $69,447.76 Park Foreman $64,946.16 $65,920.36 $67,568.36 Park Groundskeeper $59,473.93 $60,366.04 $61,875.19 Caretaker $59,473.93 $60,366.04 $61,875.19 Automotive Mechanic $70,193.80 $71,246.71 $73,027.88 Assistant Autom. Mechanic $63,783.50 $64,740.25 $66,358.75 Assistant Road Maint. $68,565.10 $69,593.58 $71,333.42 $66,477.58 $67,474.75 $69,161.62 M o t o r Equipment Operator $62,334.97 $63,269.99 $64,851.74 Maintenance Mechanic $63,783.50 $64,740.25 $66,358.75 Skilled Road Maintenainer $63,783.50 $64,740.25 $66,358.75 Laborer $59,473.93 $60,366.04 $61,875.19 Tree Trimmer $63,783.50 $64,740.25 $66,358.75 Lead Mechanic $71,458.56 $72,530.44 $74,343.70 Lead Mechanic Garage $78,000.00 $79,170.00 $81,149.25 Maintenance Mechanic $71,458.56 $72,530.44 $74,343.70 Job Titles 1.50% Maintenance Worker 2.50% (Traffic Signs) Foreman Water & Sewer Maint. Forennan Water Treatment Plant Operator (Type MB Plant) Water & Sewer Maint. Worker II Water & Sewer Maint. Worker 1 Foreman Heavy M o t o r Equipment Operator (Stone Mason) (Electric) �Meeting Date: 07/13/2010 Resolution #: 07/118/2010 Whereas, tlie Foreman of the Department of Public Works has recommended the hiring of two additional summer employees; Now, Therefore, Be it Resolved the Board of Trustees hereby approves the Mayor's appointment of Kevin Calabro, of 12 Colonial Rd, Peekskill NY, and Stanley Martinez of 48 Clinton St. Sleepy Hollow, NY, at the rate hourly rate of $12.00 commencing July Moved: Trustee Capossela Seconded: Trustee Schroedel Vote: 6-0 2010. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-07-13_RES-07-112 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/3c2ebcdd357e083c8b257bcfaea27425.pdf 6ab8b99887267cc0467f43fe2645cfa6 PDF Text Text The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday July 13, 2010, in Village Hall, 28 Beekman Avenue Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Deputy Mayor Thomas Capossela David Schraede! Barbara Carr Bruce Campbel Karin Wompa Evelyn Stupel, Trustees Also Present: Anthony P. Giaccio, Village Administrator Sara A. Diglacomo, Village Treasurer Janet Gandolfo, Village Counsel Richard Gross, Village General Foreman Sean E. McCarthy, Village Building Inspector Paula A, McCarthy, Village Clerk John Kapica, Police Chief At 7:08 p.m. the Mayor called the meeting to order with the pledge to the flag. The Mayor requested a moment of silence recognizing the passing of Ida Checchi and Joey Kyle. The Village Clerk read announcement for the Public Hearing regulating Gas Powered Leaf Blowers. Mayor opened the meeting to the public and evoked the 5 minute rule. Doug Maass, of 27 Pokahoe Drive, addressed the Mayor and the Board of Trustees and stated that this has been an issue for 15 years and also stated that he is glad to see that the Board is considering making this aspect of leaf blowers illegal. Mr. Maass said he would like to see the number of gas-powered appliances be limited and complained that they make noise, there's no peace and is a heavy load on the air conditioners. He recommended push blowers. Renato Fraga, of ENR Landscaping, addressed the Mayor and the Board of Trustees and presented a petition asking the Board to reconsider the proposal. He stated that it won't be feasible to keep the properties clean like everyone expects it to be. John Sampalo, of Cutting Edge Landscaping, addressed the Mayor and the Board of Trustees and stated that sweeping the long driveways and properties with a broom is nearly impossible and that the ban of all leaf blowers for a period of eight months is a bit ridiculous. �Mario Belanich, of Nortin Washington Street addressed the Mayor and the Board of Trustees and stated that there should be an exception for bad weather and for the noise complains he suggested earplugs. Mr. Belanich also mentioned that people need to make a living and he does not support this regulation. Diane Fiorella of Webber Park addressed the Mayor and the Board of Trustees and stated that she is not concerned about the noise but wants a compromise since her concern is health issues and what goes into the air and the lungs of her neighbors. John Sampaio of Cutting Edge Landscapers addressed the Mayor and the Board of Trustees again and said this ban can't compare to other jobs and that the leaf blower is a tool to help clean up. Deputy Mayor Capossela agrees with John Sampaio that it is difficult to change in the middle of the business year and that Landscapers have contracts with homeowners. Deputy Mayor stated that he is in favor of regulating the hours, but not banning gas powered leaf blowers entirely. Mayor emphasized that the Board has not made a decision yet on this matter and it will be discussed thoroughly at another Public Hearing. Discussion ensued and trustees stated they are seeking a solution to address resident's health concerns and encouraged landscapers to send in additional correspondence with inputs and concerns. Mayor noted that no decisions will be made on the matter until it has been thoroughly discussed. Trustee Carr made a motion to purpose closing the public hearing today. It was seconded by Deputy Mayor Capossela. Trustee Campbell made motion to amend the motion to close the public hearing and to postpone closing it until next week instead. It was seconded by Trustee Shroedel Mayor asked for a roll call to close public hearing at the end of business day on Monday July, 19, 2010. Trustee Shroedel moved and Trustee Carr seconded it. Trustee Stupel abstained. Mayor asked for a motion to close the public hearing today. No motion was made Trustee Carr and Deputy Mayor Caposella abstained. Mayor stated that the Public Hearing would be closed next week, at the end of business day on Monday, July 2010. �Mayor's Announcements: Mayor welcomed the new Village Treasurer, Sara DiGiacomo. Mayor introduced Jim Hahn of Hahn Engineering, who was contracted to draw up specifications to fix the span of sidewalk for the Route 9 culvert project, Mr. Hahn said he's been doing this for 37 years and explained that the Route 9 Culvert Project has been a total frustration and he is flabbergasted. However there is some good news and the contract will be able to start In two weeks. He explained that it has been very difficult to get approvals from the New York State Department of Transportation. Discussion ensued and Deputy Mayor Capossela and Trustee Schroedel asked why this project is taking so long. The project was not officially approved until now by the NYS DOT. Memo distributed to members of the Board of Trustees to be reviewed. The NYSDOT did not deem this an emergency but Mr. Hahn stated that the project is now approved and promised that the work will begin in two weeks, on July 26, 2010, Trustee Schroedel questioned why not begin project Immediately and Mr. Hahn stated that equipment was on order, and that he will be there himself with a shovel on the 26^'', if Bradhurst Site Construction are not there on that day. Mr. Hahn also explained that the Route 9 Sidewalks project needs to have a Public Meeting and notify the neighborhood along the route. Mr. Anthony Giaccio explained tha this is a CDBG project and that the Village of Tarrytown and Westchester County are involved as well. Minutes of said Public Meeting will go into the record and sent to New York State along with preliminary drawings for approval. Approval of Minutes: Trustee Carr moved; seconded by Trustee Campbell to approve the minutes of 4/27/2010; 6/1/2010; 6/22/2010. Vote: Unanimous Approval of Warrants: Tustee Schroedel moved; seconded by Deputy Mayor Capossela to approve the warrant in the total of $339,013.75 as amended, following several discussions. Sara DiGiacomo explained to the Mayor and the Board that the warrant is on proof/edit phase until it is approved by the Board. Deputy Mayor Capossela questions cell phone usage by members of the Sleepy Hollow Volunteer Ambulance Corps totaling over $2,000.00. Mayor asked that the Public Safety Committee meet with the Captain of the Ambulance Corps to discuss these cell phone charges. Mr. Giaccio explained that most of these charges were for texting and that this privilege has been removed. �Mayor announcements; Mayor urged residents to make sure that they leave space between their plants and Fire Hydrants. The Department of Public Works will remove any obstructions without warning if plants are encroaching on the 3-foot buffer around the hydrants. Public Comments: Mayor opened Public Comments and evoked the 5 minute rule. Donna Gates of 53 New Broadway addressed the mayor and the Board of Trustees and asked about status of the Natural Playground at Douglas Park, In addition Mrs. Gates asked what the Village can do about speeding in the Webber Park area. Speeding has gotten worse since school let out and college kids are home. She also mentioned issues with the enforcement of alternate side parking regulations and people not curbing their dogs in Webber Park. Mayor responded that these issues will be addressed. Perhaps calling Immediate attention to the person not curbing their dog in a tough New York approach may work. Diane Fiorella of Gordon Avenue addressed the Mayor and the Board of Trustees and expressed concern about speeding on Gordon Avenue and parking enforcement. She also complained that tickets are being issued on Gordon Avenue and that there are no signs stating 'No parking". Chief Kapica will check on the signage notifying residents of the parking regulations. Village Counsel said the village could put speed bumps on the road to alleviate residents' concerns about speeding, but any signage would have to undergo a Public Hearing process. Mario Belanich of North Washington addressed the Mayor and the Board of Trustees and stated that the Village should not pay for work done at the Morse school. Mr. Belanich also asked for an update on the General Motors project. Mayor said that the Genera! Motors project Is an ongoing continuation of meetings; and that there will be a positive conclusion to ail of this. Mario Belanich congratulated everyone that was involved in the Mayor thanked everyone that was involved in the a great show. of July fireworks display. of July fireworks display and that it was Trustee Reports: Trustee Schroedeh Reported that the Finance Committee asked the new Village Treasurer to provide historical data regarding water rates due to a double digit increase to the Village's water rate from the New York City Water Board. Any additional increase to residents will be communicated in the September water bills with Public Hearing(s) to follow. �Also, the committee looked at the status of short and long term borrowing. The idea is to convert all short term borrowing (BANS) to long term borrowing (BONDS) by the end of summer. A full recommendation will be provided to the Board. Trustee Carr: Stated that Mr. Giaccio will report on the Douglas Park playground and asked that Mr. McCarthy give an update on the Senior Center. Trustee Carr also stated that gas and electric services has been installed at the Senior Center and that tomorrow the floors will be completed and two more weeks of scheduled work. Trustee Carr commented that at the end of July the work should be completed. Trustee Campbell: Reported that there's continuing work on Halloween events. Trustee Campbell also complimented the staff on the of July fireworks and said that Kingsland Park rules have been posted throughout the park. Deputy Mayor Capossela: Reported that the lights at Devries Field are now completed and night baseball games are in full swing. Trustee Capossela and Trustee Schroedel attended a night game and stated that the lights look fantastic. Deputy Mayor Capossela also reported that the Department of Public Works Committee met to discuss the new street sweeper and backhoe. As well as additional staff for the summer months (See attached resolution). Painting light poles in the inner Village is being done, pruning is ongoing and Fire Hydrants are being replaced as needed. Trustee Worn pa: _ Reported that the Village has reached an agreement with the Union Free School District of the Tarrytown's to turn the Morse School Playground into a community park. Trustee Wompa noted that the school district will pay a majority of the conversion costs, while other costs will be offset by grant money and the work of the Sleepy Hollow Downtown Revitalization Corporation. The Administration Committee met and discussed IT services for the Village. Staff is very unhappy with the current vendor and a decision will be made shortly. Trustee Stupel: Reported that to date a total of forty two (42) violations have been issued since the new building codes came into effect. Twenty one (21) of those violations were for illegal apartments or illegal occupancies. These violations were $64,500 worth of judgments against landlords. Last week, a two family residence was found to be illegally subdivided with apartments in the basement and rooms divided to create more rentable spaces. In total 14 people had to be relocated. Trustee Stupel noted this is an enormous problem and it really plagues our village. Discussion ensued. Trustee Stupel thanked the Police Department for their work and input Administrator's report; Mr. Giaccio reported that a draft received for the Natural Playground at Douglas Park from Follow the Child was completed to make sure all the components match the design. There are some safety issues with trees and the Department of Public Works will have to create a swell. Also, the Village needs to bid for four (4) �components manufactured equipment pieces. Mr. Giacdo said ground breaking should be soon. Mr. Glaccio stated that a presentation will be made on the Village's current cell phone provider and IT company at the next Work Session, the Mahopac Bank's ramp needs final approval and the Pocantico Street sidewalks project is moving along. Also, Mr. Giacdo is working with Sara DiGlacomo on closing out the Fiscal Year of 2009-2010, preparing for the auditors, and starting to discuss Capital Budget for Fiscal Year 2010-2011. Mr. Sean McCarthy: Reported that the Senior Center is stilt undergoing construction and that approximately two more weeks of work would finish the building with possible opening in August. Resolutions: see attached At 9:20p.m. Trustee Schroedel moved, seconded by Trustee Stupel to go into executive session to discuss personal matters. At 10:00 p.m. Trustee Wompa moved, seconded by Trustee Campbell to come out of executive session,, Public Comments: There were no comments made. At 10:02 p.m. on motion by Trustee Campbell; seconded by Trustee Schroedel the meeting was adjourned. Respectfully submitted, Paula A. McCarthy Village Clerk � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-07-13 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text