https://sleepyhollow.localarchives.org/files/original/727d1ec96f379559902020c578976703.pdf 201cac076be1c30370273e011dcf6b6e PDF Text Text Minutes of the Board of Trustees Village of Sleepy Hollow A work session of the Board of Trustees of the Village of Sleepy Hollow was held on Tuesday, December 18, 2012 at 7:00 P.M. at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Deputy Mayor Karin Wompa Bruce Campbell Jennifer Lobato-Church Susan MacFarlane Evelyn Stupel Barbara Carr Trustees Also Present: Anthony Giaccio, Village Administrator Janet Gandolfo, Village Attorney Greg Camp, Police Chief Sean McCarthy, Village Architect Mayor Wray called the work session to order at 7:00 p.m. MOMENT OF SILENCE - There was a moment of silence for the victims of the Sandy Hook Elementary School Shooting. There will be a vigil to honor the victims on Friday, December 21, at 5:30pm in front of Village Hall. CODE REVISIONS - The Village Board continued its discussion on code revisions. Ms. Gandolfo summarized the proposed changes and initiated the discussion. The first item discussed was the requirement that a certificate of occupancy be issued prior to the sale of any single family homes. Trustee Carr and Trustee MacFarlane felt the law should remain unchanged. Sean McCarthy explained why he felt the law was beneficial. Trustee Stupel stated that single family homes should be exempt because of the limited resources in the building department. Trustee Stupel said that she wanted more information on any violations issued as a result of this law. Mayor Wray tabled the item, until this information is provided. The Board continued reviewing other aspects of the code. It was agreed that the proposed fine changes would not go into effect until June 1, 2013. There was a discussion on sidewalk cafes, trees and LEED certification. Discussion ensued. Mayor Wray ended the discussion by stating that the only two unresolved items are the certificate of occupancy issue and the tree policy. M A Y O R ' S ANNOUNCEMENTS - Mayor Wray wished everyone a happy holiday season and announced that there will be a New Year's Day Community Meal at the James Galgano Building on January 1, 2013 from 12:00-3:00. Donation and volunteers are needed. All are welcome to attend and enjoy a free meal. �SPECIAL SESSION On a motion made by Trustee Lobato-Church and seconded by Trustee Stupel and carried unanimously the Board moved into special session. SEE ATTACHED RESOLUTIONS On a motion made by Deputy Mayor Wompa and seconded by Trustee Stupel and carried unanimously, the Board moved out of special session. At 9:00pm the meeting was adjourned Respectfully submitted, Anthony GiSCcio Village Administrator �Meeting Date: 12/18/2012 Resolution #: 12/152/2012 Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow Authorizing Village Treasurer to make Budget Transfers BE IT RESOLVED, the Mayor and Board of Trustees authorizes the Village Treasurer to make the attached budget transfers. Moved: Deputy Mayor Wompa Second: Trustee Stupel Vote: 6-0 BUDGET TRANSFERS Line Description Account No. Ambulance Corp. Professional Consultants A.4540.447 Treasurer Personal Services Full Time A.1325.100 $18,000.00 Clerk Personal Services Part Time A.1410.103 $14 362 32 To cover the hiring of Part Time EMTs Debit Credit $32,362.32 �Meeting Date: 12/18/2012 Resolution #: 12/153/2012 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing the Village Administrator to Execute Agreement Whereas, it has become increasingly difficult to get a local volunteer crew to respond for emergency ambulance calls on a regular basis requiring mutual aid response from neighboring communities. The delay in response is dangerous for patients and presents a potentially serious liability to the community. In 2011 the community received about 800 calls for emergency ambulance response. This is an increase in volume, making it more difficult for the membership to meet the call volume. Whereas, the Village of Sleepy Hollow is desirous of entering into an agreement with the Mid-Hudson Ambulance District to provide paid EMT coverage for twelve (12) hours a day (seven) 7 days a week and other terms and conditions provided in the attached agreement; and Whereas, the Village has considered other proposals and believes the Mid-Hudson Ambulance District is the best, most cost-effective group for the services the Village needs. Now, therefore, be it resolved, the Board of Trustees hereby authorizes the Village Administrator to execute the attached agreement with the Mid-Hudson Ambulance District. Moved: Trustee MacFarlane Second: Trustee Carr Vote: 6-0 �AGREEMENT Agreement with Mid-Hudson EMS District for the Provision of Emergency Medical Technicians to supplement Sleepy Hollow Volunteer Ambulance Corps This Agreement (the "Agreement") entered into this _ _ _ _ _ day of December, 2012, by and between the Village of Sleepy Hollow, a New York municipal corporation with offices at 28 Beekman Avenue, Sleepy Hollow, New York 10591 (the "Village") and t h e Mid-Hudson Ambulance District, a Municipal Corporation, with headquarters at do Town of Ossining, 16 Croton Avenue, Ossining, NY 10591 (the "Contractor"). WITNESSETH: WHEREAS, pursuant to New York State law, the Village may contract with independent contractors for the furnishing of emergency services to or for the Village or any Department thereof; and WHEREAS, the Village's A m b u l a n c e C o r p s ("SHVAC") is an entirely volunteer Village organization that provides ambulance services to the Village and certain areas within the Town of Mt. Pleasant, as well as participating in mutual aid services, and WHEREAS, the Village's Board of Trustees evaluated the Contractor's Proposal, qualifications, experience, and cost, and has determined that awarding the contract to the Contract is in the best interests of the Village, and WHEREAS, the Village's Board of Trustees has evaluated other proposals regarding the furnishing of emergency services to the community, and has determined that the proposal of the Contractor is the most cost-effective and best way to provide for supplementation of emergency services by SHVAC. NOW, THEREFORE, THE PARTIES HERETO AGREE as follows: I. Contract Administration The recitals above are incorporated as if more fully set forth herein. The Village A d m i n i s t r a t o r (Manger) or his designee shall represent the Village in all matters pertaining to this Agreement and shall administer this Agreement on behalf of the Village. The Village A d m i n i s t r a t o r (Manager) or his designee may take any reasonable action to monitor the Contractor's compliance with relevant laws and this Agreement. �II. III. Term; Termination A. The term of this Agreement shall commence at 12:01 a.m. on January 1, 2013 and shall terminate at 12:00 a.m. on M a y 3 1 , 2 0 1 3 , unless terminated earlier or extended pursuant to the terms and conditions of this Agreement. B. The Village may terminate this Agreement: (a) at any time, for any reason, upon fifteen (15) days prior written notice to the Contractor, whereupon the Contractor shall be entitled to payment for services rendered pursuant to this Agreement; and (b) upon seven (7) written days notice to the Contractor if the Contractor has breached a material provision of the Agreement and failed to cure the same within five (5) days of written notice thereof. C. The Village may also terminate this Agreement immediately if the Contractor: (i) ceases business, becomes insolvent, commences to wind-up, or becomes subject to any insolvency, bankruptcy, or similar proceedings; (ii) makes an assignment for the benefit of creditors; (iii) files a petition under any bankruptcy, insolvency, or similar law providing for the relief of debtors, or has any such petition filed against it, and the Contractor fails to have such petifion stayed or lifted within ten (10) days from the date on which the petition is entered. In the event of any of the aforesaid events, the Contractor shall provide written notification to the Village within three (3) days from the date of the event. D. Termination by the Village shall in no way affect the Village's right to rely on any applicable bond. Conditions The Contractor is required to meet all terms and conditions contained herein and as described in the RFP a t t a c h e d h e r e t o . IV. E.xtension o f T e r m By resolution of the Village Board of Trustees, this Agreement may be extended for three (3) additional one (1) year terms upon thirty (30) days prior written notice to the Contractor. V. Notices All notices, demands, requests, consents, approvals, waivers, or communications ("Notices") that either party desires or is required to give to the other party shall be in writing and either personally delivered or sent by prepaid postage, first class mail, or �sent by facsimile (with confirmation of receipt). Notices shall be addressed as appears below for each party, provided that if either party gives notice of a change of name or address, notices to the giver of such notices shall thereafter be given as demanded in that notice. VI. Insurance Contractor shall provide proof of insurance coverage as follows. All insurance obtained pursuant to the terms herein shall be obtained from insurance companies licensed in the State of New York (i.e., possess an "Admitted" status), c a r r y i n g a B e s t ' s financial rating of A-, FSC X, or better. Insurance coverage submitted from an insurance company having a lesser rating shall only be permitted if approval is granted by the Village Attorney. Said approval is within the sole discretion of the Village Attorney. Prior to providing the services contemplated herein, the Contractor shall provide proof of the following coverage; 1. 2. 3. Commercial General Liability (CGL) coverage with limits of insurance of not less than $1,000,000 (One Million Dollars) each occurrence, $2,000,000 (Two Million Dollars) Annual Aggregate and including a waiver of subrogation. Automobile Liability a. Business Automobile Liability coverage with limits of at least $1,000,000 (One Million Dollars) each accident. b. Business Automobile coverage must include coverage for liability arising out of all owned, leased, hired and non-owned automobiles. c. Business Automobile coverage must include a waiver of subrogation. Workers' Compensation and Employers' Liability, and New York State Disability: a. Statutory N.Y.S. Worker's Compensation, Employer's Liability, and New York State Disability Benefits Insurance required for all employees. b. 4. ACORD forms are not acceptable proof of Worker's Compensation coverage. C-105.2 Certificate of N.Y.S. Worker's Compensation Insurance must be provided. DB 120.1 Certificate for N.Y.S. Disability Benefits Insurance must be provided. Professional Liability coverage with limits of $1,000,000 (One Million Dollars) each Occurrence/ $2,000,000 (Two Million Dollars) Annual Aggregate. The professional insurance shall cover the professional services rendered to t h e V i l l a g e o f S l e e p y H o l l o w by the Contractor. �5. Umbrella Insurance Coverage with limits of $10,000,000 (Ten Million Dollars) each O c c u r r e n c e $10,000,000 (Ten Million Dollars) Aggregate. Policy must state that it covers over the General Liability, Automobile, Professional Liability, and Employers' Liability Insurance. The Village of Sleepy Hollow, S H V A C (Sleepy Hollow EMS), and their respective officers, directors, e m p l o y e e s , agents, volunteers, and emergency services providers shall be listed as additional insured on all policies (except the Workers' Compensation and Disability policies) and list this Agreement. Such c e r t i f i c a t e s of insurance shall contain the following statement: ALL C O V E R A G E SHALL BE PRIMARY A N D N O N - C O N T R I B U T I N G T O A N Y O T H E R I N S U R A N C E OR S H L f - I N S L ' R A N C E H E L D BY T H E VILLAGE OF S L E E P Y H O L L O W . " Include any deductible maintained by, or provided to, the additional insureds. Certificates shall provide that sixty (60) days written notice, by registered mail with return receipt requested, prior to cancellation be given to the Village. Policies that will lapse and/or expire during the term shall be re-certified and received by the Village no less than thirty (30) days prior to renewal. All relevant insurance policies shall provide coverage for the defense and indemnification p r o v i s i o n s contained herein. Original copies of insurance policies affording coverage, for which certificate of insurance are to be furnished to the Village, must be submitted to the Village for e x a m i n a t i o n along with certificates. Failure of the Village to object to the contents of any certificate or absence of same shall not be deemed a waiver of any or all rights held by the V i l l a g e . Contractor acknowledges that failure to obtain such insurance constitutes a material breach of contract and subjects it to liability for damages, indemnification, and any and all other legal remedies available to the Village. VII. Indemnification and D e f e n s e C o n t r a c t o r shall indemnify, defend, and hold harmless the Village and its respective officers, directors, employees, volunteers, agents, and representatives, from and against any and all costs, losses, liability, claims, and expenses (including ^ reasonable legal fees) i n c u r r e d in connection with, or arising from, any claim, legal action, or proceeding arising out of the terms of or the services to be performed under the Agreement against the Village, and/or any such persons so indemnified, by any third party in relation to (i) a breach of any of the representations and warranties made by the Contractor, its e m p l o y e e s , and/or subcontractors; (ii) a breach of the Agreement by the Contractor, its e m p l o y e e s , and/or subcontractors; or (iii) the negligence or willful misconduct of the Contractor, its employees and/or subcontractors, provided, in each case, that the Contractor is notified promptly, in writing, of any such suit, action, or threat �thereof and is given full and complete authority, information, and assistance by the Village for the defense and settlement of the same. This indemnification, defense, and hold harmless shall apply to any willful acts or omissions of the Contractor, a subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable. VIII. Independent Contractor The Contractor, including the Contractor EMT, is an independent contractor and may neither hold itself out nor claim to be an officer, employee, or subdivision of the Village of Sleepy Hollow, (EMS), nor make any claim, demand, or application to or for any right based upon any different status. IX. Payment. The Village is to prepay for services for the tenure of this contract, unless otherwise negotiated and attested to, by both parties, in writing. The cost for seven (7) days per week EMT coverage, at $17.86 per hour, 12 hours per day, will be submitted one month in advance of service for that month. These bills may also be paid quarterly. The details of this billing arrangement are further covered as "Attachment A". X. Assignment Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this Agreement, or of its right, title, or interest herein, or its power to execute this Agreement, to any other person or corporation without the previous consent in writing of the Village. IN WITNESS THEREOF, the parties here to have executed this Agreement as of the date set forth above. Village of Sleepy Hollow Village A d m i n i s t r a t o r (Manager) 28 Beekman Avenue Sleepy Hollow, New York 10591 Village of Sl-eef/y Hollow Administrator (Manager), Date Mid-Hudson A m b u l a n c e District do Town o f O s s i n i n g Supervisor 16 Croton Avenue Ossining, NY 10562 Town of Ossining Supervisor Date �ATTACHMENT A Billing Schedule for 2013: Sleepy Hollow Pre-Payments January, March, May, July, August, October, December (31 Day Months)= $6,643.92 April, June, September, November (30 Day Months)= $6,429.60 February (28 Day Month)= $6,000.96 Payment Plan 1 (Monthly Pre-Paid) Month of Service January 2013 Hourly Hours Per Month Bill Rate (12 Hours Per Day) Amount $17.86 372 Hours $6,643.92 Due Date Friday, December 28"^ 2012 February 2013 $17.86 336 Hours $6,000.96 Thursday, January 31'* 2013 M a r c h 2013 $17.86 372 Hours $6,643.92 Thursday, February 28'" 2013 April 2013 $17.86 360 Hours $6,429.60 Friday, M a r c h 29'" 2013 M a y 2013 $17.86 372 Hours $6,643.92 Tuesday, April 30"^ 2013 June 2013 $17.86 360 Hours $6,429.60 Friday, M a y 31'* 2013 July 2013 $17.86 372 Hours $6,643.92 Friday, June 28'" 2013 August 2013 $17.86 372 Hours $6,643.92 Wednesday, July 3 1 " 2013 September 2013 $17.86 360 Hours $6,429.60 Friday, August 30'^ 2013 October 2013 $17.86 372 Hours $6,643.92 M o n d a y , September 30'" 2013 November 2013 $17,86 360 hours $6,429.60 Thursday, October 3 l " 2013 December 2013 $17.86 372 Hours $6,643.92 Friday, N o v e m b e r 29'" 2013 Contract Total N/A 4380 Hours $78,226.80 N/A Payment Plan 2 (Quarterly Pre-Paid) Month{s) of Service Hourly Hours Per Quarter Rate (12 Hours Per Day) January- M a r c h 2013 $17.86 April-June 2013 $17,86 July- September 2013 $17 86 October- December 2013 $17,86 Contract Total N/A Bill Amount Due Date 90 days, 1080 Hours $19,288.80 December 28'" 2012 91 Days, 1092 Hours $19,503,12 M a r c h 29'" 2013 $19,717.44 June 28'" 2013 92 Days, 1104 Hours $19,717,44 October 3 1 " 2 0 1 3 4380 Hours $78,226.80 N/A � 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-2012 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_2012-12-18_WS Subject The topic of the resource Board of Trustees Minutes-2012 Date A point or period of time associated with an event in the lifecycle of the resource 2012 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