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