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HomeMy WebLinkAboutTB 2024-06-13 attTB 2024-06-13 Page 1 of 12 TOWN OF DRYDEN TOWN BOARD MEETING June 13, 2024 Zoom Hybrid Present: Supervisor Jason Leifer, Cl Leonardo Vargas-Mendez, Cl Christina Dravis, Cl Spring Buck Absent: Cl Daniel Lamb Elected Officials: Michael Lane, Tompkins County Legislator (District No. 14) Other Town Staff: Amanda Anderson, Bookkeeper Ray Burger, Planning Director *Cassie Byrnes, Confidential Secretary to the Supervisor Christopher O’Connor, Fire Coordinator Loren Sparling, Deputy Town Clerk “*” denotes attendance via Zoom Supv Leifer opened the meeting at 6:02 p.m. Financials & Human Resources Abstract Approval RESOLUTION #107 (2024) – APPROVE ABSTRACT #6 Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves Abstract #6, as audited, general vouchers #515 through #645 ($1,151,401.25) and TA vouchers #26 through #29 ($6,597.22), totaling $1,157,998.47. 2nd Cl Dravis Roll Call Vote Cl Vargas-Mendez Y Cl Buck Y Cl Dravis Y Supv Leifer Y Budget Modifications A Anderson clarified that the Town’s insurance costs went up mainly because both insurance premiums and claims generally went up; cybersecurity also contributed to these costs, but to a lesser degree. RESOLUTION #108 (2024) – APPROVE BUDGET MODIFICATIONS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the following budget modification for the 2024 fiscal year. TB 2024-06-13 Page 2 of 12 From To (110,473.00) A599 Fund Balance 110,473.00 A1620.202 Buildings - DPW/Equipment (12,000.00) A2401 Interest 12,000.00 A1910.4 Unallocated Insurance (1,000.00) A7510.4 Historian - Stipend 1,000.00 A7510.1 Historian - Personnel Serv (2,000.00) B8020.412 Legal & Engineering 2,000.00 B3620.407 Code Enforcement - Legal (400.00) DA5120.1 Bridges - Personal Services 400.00 DA1430.1 General Time (1,900.00) DB5110.1 Street Maintenance - Pers Serv 400.00 DB1430.1 General Time 500.00 DB5112.110 Road Improvements - OT 1,000.00 DB5110.110 Street Maintenance - OT (29.00) SL1- 5182.4 Street Lighting - Contractual 29.00 SL1-1910.4 Unallocated Insurance (25.00) SL2- 5182.4 Street Lighting - Contractual 25.00 SL2-1910.4 Unallocated Insurance (12.00) SL3- 5182.4 Street Lighting - Contractual 12.00 SL3-1910.4 Unallocated Insurance (230.00) SS3- 8120.4 Sanitary Sewer - Contractual 230.00 SS3-1910.4 Unallocated Insurance (1,275.00) SS8- 8120.4 Sanitary Sewer - Contractual 1,275.00 SS8-1910.4 Unallocated Insurance (965.00) SW7- 8320.4 Source of Supply - Contractual 965.00 SW7-1910.4 Unallocated Insurance (4,037.00) SW8- 8320.4 Source of Supply - Contractual 4,037.00 SW8-1910.4 Unallocated Insurance 2nd Cl Dravis Roll Call Vote Cl Vargas-Mendez Y Cl Buck Y Cl Dravis Y Supv Leifer Y Highway/DPW Department No report was made. Town Fire Coordinator C O’Connor reported that one important part of his job is to look outward to places other than the Town of Dryden, searching for other, better ways of doing things related to firefighting and fire departments. He has been very pleased with the amount of help and information that has been shared with him from other volunteer fire chiefs, town supervisors, fire commissioners, etc. East Allen Township Fire Department Those who attended the strategic planning workshop back in March heard how three members of a volunteer fire department in Maryland transformed their department. He shares tonight how another fire department, the East Allen Township Fire Department, located in a rural/suburban town north of Allentown, PA, has transformed itself. He then distributed a TB 2024-06-13 Page 3 of 12 handout that contained a portion of the slides utilized by the East Allen Township FD in a November 2023 presentation to their Town Board. (See attached handout.) C O’Connor first heard of this fire department late last fall. Their newly elected fire chief did something remarkable when he met with his Town Board to begin budget talks for FY2024. What he did was so news-breaking that it generated an article in a nationally circulated fire service magazine. C O’Connor has chosen to share what they did with Board members now because the budget season for Dryden fire departments will soon begin. Though new to the position of fire chief, he had been in the fire department for about five years. He had seen that the way they had previously given presentations to the Town Board (i.e., saying everything was fine, so give us more money to continue our good work) did not work. Like other departments in Pennsylvania, they were in fact circling the drain. Membership was down, average response times were up, average number of members responding was down. What the new fire chief did was meet with the Township Manager so as to lay all his cards on the table, to divulge exactly the predicament that his fire department found itself in, so that they could talk about options for how to fix the problem. They talked about goals, about the department’s past recruiting efforts and how most of them have worked. The fire department wanted to become partners, in a sense, with the township in order to address the department’s staffing and response issues, as the township had a vested interest in building up or at least maintaining the fire department. This open line of communication resulted in the implementation of options in the first quarter of 2024. It is still too early, however, to comment on what is working, what might be working, and what is not helping at all. C O’Connor observed that many of the recommendations made for East Allen have already been incorporated into our SAFER grant. C O’Connor has spoken a few times with both East Allen’s fire chief and Town Manager, who say that their per call incentive program is clearly helping. The $10-$15 that a volunteer firefighter gets paid when they go on a call is not from grant money, but from Town tax money. This incentive program is what really brought the East Allen Township FD to national attention. The per call program in Dryden seems to be working, yet to a lesser degree, as volunteer firefighters only get $3 per call. In addition, East Allen incorporated pleas to join the volunteer fire department with residents’ tax bills. (Supv Leifer stated that Dryden could do that as well. The Town Board would just have to approve the language of the insert before the Clerk’s Office mails the tax bills in the last week of December.) The effect of these pleas was the addition of eight new members to the fire department in the first three months of 2024. Their response times have decreased by roughly two minutes, and their response rates have gone up from about 80% to nearly 100%. Other incentives are still being evaluated for both their worth and cost to the Township. Currently being considered is a town tax credit (ranging from 20% to 100%) for volunteer firefighters. Whatever is decided will be a significant reduction in property taxes from the town (but not the county). S Buck inquired of volunteer firefighters who are renters rather than homeowners; C O’Connor responded that they would be out of luck. But how many more people could be recruited if they knew that their tax burden would be reduced? For the sake of comparison, S Buck asked if East Allen Township had a fire district. C O’Connor answered that Pennsylvania doesn’t have fire districts; fire departments contract with the town. TB 2024-06-13 Page 4 of 12 The amount that was allocated from Township funds for incentives in 2024 was $58,500. They are a much smaller town than we are, at a third of our square mileage and with a quarter of our population. Cl Dravis wondered if C O’Connor had spoken with the fire departments about this plan. He answered that he had not but was planning on sending it along to them electronically. Focusing on the handout’s “Options to Explore” page, Cl Dravis commented that Dryden’s fire departments are already doing half of the listed options in order to recruit and retain members. Aside from the tax abatement, there’s not a whole lot of new information. C O’Connor stated that it was new for the East Allen Township Fire Department. Fiscally, there is also a big difference between getting $3 per call (as in Dryden) and getting $10-15 per call. County Chiefs’ Meeting, 5/28/24 C O’Connor then recapped the County Chiefs’ meeting that took place on May 28. The Rapid Response Vehicle program is working well; they went on 84 calls in April, of which one was (possibly) in Dryden. There was also a lot of discussion about how to bring NYS courses to the County, and what specifically to bring. In addition, the County Coordinator has brought back apparatus inventory sheets, which list the important pieces of equipment carried on each apparatus in the County; copies of these apparatus inventory sheets will be sent around to all fire departments, so that every fire chief would know how other departments are equipped and not have to rely on the dispatcher. He next reported that a radio best practices policy is moving forward to address problems with communication, be these due to hardware issues, lack of training, or simple disagreement. Lastly, the County is nearing completion of a SCBA and fit testing policy and a county mutual aid plan and has tweaked a longstanding accountability tag policy. Miscellany C O’Connor has been working with the NYS Comptroller’s Office to make sure that the fire departments are complying with the latest rules and laws regarding 2% money. On May 20, 2024, a dryer fire broke out at Pine Ridge Apartments (1062 Dryden Rd, Unit 21) in Varna that extended to the ceiling. The bunkers and firefighters standing by at the station ensured a quick response and a quick knockdown. ISO will be scheduling inspections for both the Dryden and Varna fire departments during the week of August 12. C O’Connor took a rural water supply class on June 8 in Newark Valley. They are a great fire district, well led and very successful at recruiting. He spoke at length with one of their assistant chiefs, who had been the Incident Commander (IC) for a fire that occurred in Newark Valley in January 2013. During this fire, an Owego Fire Department captain providing mutual aid fell through the building floor and was burned to death. Many other firefighters, including the IC, were badly injured or burned during their attempts to rescue him. NIOSH and PESH investigated the incident and produced a 20-page summary report that cited all of the responding fire departments and their officers for a laundry list of things. The assistant chief stated that Newark Valley was a good fire department in 2013 but is 10 times better today. He acknowledged that firefighting is a deadly serious business and that fire departments must provide training for their members to ensure their safety. Prior to 2013, Newark Valley’s training budget was $1,500; in the year after the incident, $15,000 was budgeted for training. TB 2024-06-13 Page 5 of 12 Cl Dravis acknowledged the efforts of the W. B. Strong Fire Company (Freeville) and all the fire departments that provided them with mutual aid in combatting the Groton Ave fire, feeling this had been overlooked by the Fire Coordinator. C O’Connor differentiated this from the Pine Ridge Apartments fire in that the Groton Ave house will no longer be habitable. For Groton Ave. things went well in that nobody was hurt and the fire was eventually put out, but for Pine Ridge, the fire was put out quickly with limited damage and nobody got hurt. Cl Dravis rejoined that firefighters also saved the house next to the Groton Ave blaze. Rebekah Moore commended Freeville’s chiefs for having a 3-year plan in place prior to the fire, and agreed that no one was hurt, but departments spent over 17 hours from start to finish in extinguishing the Groton Ave fire. Mark Bell inquired of Town Board members whether they had seen pictures of the Groton Ave house when firefighters first arrived on the scene. None had, so he showed these images to members individually using his phone (see attached photos). He asked how could there be a good outcome, given the intensity of the fire at 1:00 a.m. Through training, nobody was hurt and the neighbor’s house was protected. He took offense to C O’Connor’s feeling that the Groton Ave response was alright, but the outcome was not as good as that of Pine Ridge. M Bell stated that the outcome was good for the neighbor. All the departments that responded to Groton Ave deserve just as many kudos as Varna and its mutual aid departments do for their response to Pine Ridge Apartments. He wants credit where credit is due. Linda Fenner asked C O’Connor how what he learned from other municipalities will be applied to the Town of Dryden. He responded that if the fire departments can work more closely with the Town Board in terms of budgeting, the possibility exists for the Town Board to do even more for the departments, over and beyond what the SAFER grants provide. L Fenner opined that she does not see how any of what C O’Connor discussed will help her fire department. Supv Leifer stated that the Town is already doing some of the things that C O’Connor mentioned in his report. If there are other things that the Town should be doing that could help, we need to look into that. There is also stuff that Code Enforcement can be doing to ensure that firefighters are not walking into a dangerous situation. Varna Volunteer Fire Company Mason Jager, Chief of the Varna Volunteer Fire Company, highlighted parts of his monthly chief’s report to the Town. In May 2024, the Varna Volunteer Fire Company responded to a total of 41 calls, of which 27 were EMS and three (3) were structural fires. Mutual aid was given seven (7) times and received one (1) time. An average of 7.3 personnel were on those calls, and en route time averaged 2m 6s. Average on-scene time was 6m 54s and includes some of our mutual aid which is out of district. Regarding the Pine Ridge Apartments fire, it was a successful save. The homeowner had operating smoke detectors and acted very quickly. They called 911 and closed the door on their way out. The Varna Volunteer Fire Company was there within minutes, responding with 20 personnel, 15 of whom were firefighters, 13 being interior firefighters. He applauded Varna’s mutual aid departments for their help and leadership during some of the initial efforts. Overall, it was a great evening in terms of teamwork and property preservation. But a lot of things went into that. Varna has relied heavily on its Cornell undergraduate students to serve as new recruits, given its large Cornell student population. But in just the last three months, Varna has successfully recruited three local members who have absolutely nothing to do with Cornell, with the possibility of a fourth next week. So we are slowly working on bolstering our local TB 2024-06-13 Page 6 of 12 component, which we have found to be mostly driven by having a culture and environment that is welcoming. Lastly, he presented a graph representing the numbers of average responders to structure fires since 2016 (see attached graph). Prior to 2021, Varna’s average response time was below the NFPA 1720 guide minimum of six (6) firefighters arriving for structure fires; in 2021, its average response ticked above the threshold, and now in 2024, we have an average of 20 personnel responding to structure fire calls, most of whom are interior-certified firefighters. So we are making progress. Cl Buck expressed her appreciation of how much Varna has learned from themselves and from others, whether this be good or bad. Things teach us to make us better. She also gave kudos to all departments who responded to both the Pine Ridge and Groton Ave fires. W. B. Strong Fire Company (Part I) Responding to Cl Dravis, R Moore verified that Freeville has a couple of new applicants, as well as a few new members who are still on their probationary period. Freeville has had 93 total calls this year, 49 of which were EMS. Average personnel on scene is 3.7. Average en route time is 2.13. Average on scene time is 7.19. They also had a junior firefighter and another applicant come in last night. Neptune Hose Company #1 of Dryden Mark Bell and Greg Parker drafted a letter to the Town Board that expressed their concerns about the battery storage facility proposed for Caswell Rd (see attached). From this letter, M Bell read the first and last paragraphs. “Fires involving lithium-ion battery energy storage systems (BESS) present unique risks and challenges for firefighters due to the nature of the batteries and the potential for thermal runaway. … By understanding the unique risks associated with lithium-ion battery energy storage systems and implementing appropriate response strategies, training, and equipment, firefighters can effectively mitigate the hazards posed by these incidents while ensuring the safety of personnel and the surrounding community, but only when all the pieces are in place can this be achieved.” M Bell fears that to go ahead and approve something just because it is good may overlook the people involved, should something indeed go wrong. Lithium battery fires burn extremely hot. A lot of water would be needed to put out a fire in such a facility. Where is that water going to come from? Who is going to truck it, considering Dryden only has volunteer fire departments. Last month, it took 600,000 gallons of water to extinguish a lithium battery fire in San Diego. To put this into perspective, one truck can hold 2,000-3,000 gallons of water. Is it reasonable to expect that out of us? There are foams that can be applied and there are systems, but, to my knowledge, nobody near us has the capabilities of putting out a fire like that. “We, the Town of Dryden fire departments, respectfully request that the Dryden Town Board put a hold on this project until all the pieces and funding are in place before approving this project.” There are some post-incident reports that can be reviewed and learned from. What about the residents? Is it going to be safe for them to stay in their houses if there is a fire? Nobody locally has the equipment to monitor the surrounding air. When and how far do you have to evacuate? TB 2024-06-13 Page 7 of 12 The proposed facility is at the bottom edge of the property, and so, well off Caswell Rd. Is the roadway serving the facility going to be able to support the weight of that many trucks carrying that much water? You cannot just let the fire burn because the material is toxic. Fire departments need to be brought in to cool the fire down, otherwise the batteries will explode. The runaway heat is what causes the problem. Hopefully, some dialogue could be started among the Town’s fire departments, and we can work through this together. Solar fields are alright; storage facilities are what present a danger. When asked about the status of the storage facility application, R Burger stated that the Planning Board is still reviewing it. The applicant has yet to submit their emergency response plan. Once they do, there is a requirement for a peer review of that response plan; Energy Safety Response Group is who we are currently looking at to get that peer review. He feels that this is a good starting point for the Town, as the project will probably be enacted in 2028-2029. Supv Leifer inquired whether the applicant is set on using lithium-ion. They are not. As a summary of the matter, M Bell asks that the fire departments simply be deeply involved. M Bell then distributed to Town Board members the May 2024 Chief’s Report for the Dryden Fire Department (see attached). They had 40 total calls, of which three (3) were structure fires, one (1) was a vehicle fire, and five (5) were EMS. Average personnel was 5.9, average en route time was 3m 20s, and average on-scene time was 7m 13s. He commented that there has been great participation in the trainings that have been held during the last week of each month. The fire departments train as one department, while still maintaining their individuality, which is what they all have been striving for. M Bell then observed that part of the SAFER grant is recruitment retention. But whereas they had one or two meetings last year with C O’Connor regarding this, they have yet to meet this year with the Fire Coordinator, save for Town Board meetings. They are looking at what other departments are doing for recruitment retention, using videos and posters to get their names collectively out. He questioned the Town Board as to why C O’Connor reached out to ISO a few months ago, as ISO’s purpose is to rate fire departments in order to help set insurance rate classifications. Town Board members were unsure of the reason; Cl Buck thought that ISO was being used as a resource, but not for the Town’s direction. C O’Connor clarified that one reason was the report from Mike Wilbur that alluded to a lot of ISO-related questions. As everybody has their own interpretations of what ISO requires, M Wilbur thought it best to find things out for himself, so C O’Connor asked him to contact the fire departments. To this, M Bell said that Neptune has an appointment with Wilbur in August, but it is more stuff that he has to compile in order to meet with him and just more things that are being placed on the fire department to do. If the phone call had not been initiated, he was not going to come. C O’Connor refuted this by stating that both Dryden and Varna were on the schedule to be done for this summer. M Bell professed that they try to do the surveys every four or five years, but the survey previous to the one done in 2016 was undertaken in 2003. They may strive to do their surveys every four to five years, but they do not have the resources to truly do so. It is just one more burden that was placed on us as a result of reaching out and asking the question. It seems we don’t hear about things that affect us until these Town Board meetings or even after the fact. W. B. Strong Fire Company (Part II) TB 2024-06-13 Page 8 of 12 R Moore disclosed that she had inherited a pretty significant workload from the previous treasurer (David Putnam) upon assuming the position, most notably updating to QuickBooks Online from an outdated version of Quicken. This is a hefty workload for someone who is not getting paid to do it. Regarding the SAFER grant, she met with C O’Connor last November to discuss her workload, at which point he offered to help with the execution of the grant. That was the last conversation that she had with Julia Barron, who is their contact through FEMA. R Moore has not been kept in the loop on any of the communications that have happened between C O’Connor and J Barron since then. On June 5, the fire departments all received an email, and she does not have any knowledge as to what is transpiring. She has not been CCed on emails nor has she been given any regular updates. As the person who is responsible in the event of a state or federal audit, she is expected to understand what is happening, and that is not happening right now with the current level of communication. R Moore requests that the emails exchanged between C O’Connor and J Barron be forwarded to her, so that she may understand what is happening. Supv Leifer wondered why R Moore wasn’t the contact, considering Freeville is the name on the grant. R Moore explained that M Parker is currently the primary contact on their account, which needs to be addressed. From that November meeting, she understood that C O’Connor would collect the receipts and send them to FEMA, and that she would manage the accounts and make the check payments through their account. Supv Leifer asked C O’Connor that whatever emails he has be forwarded to R Moore. County Update M Lane reported that the County is currently working on its budget. They are trying to keep their tax levy down to approximately 2%; their tax cap is over 5%. They have asked their departments to send them a 5% decrease in spending proposals because the County needs to come up with $2 million to get the budget down to where they want it to be. He understands that residents are not happy about tax increases. Our first tax levy increase in three years was last year; we raised it by 2%. ICSD originally proposed to raise their levy by 12%, but then brought it down to 8%; this was soundly defeated by the voters. Newfield’s was also defeated. Assessments have gone up, and they want to blame the assessors. But it’s really not the assessors’ fault; it’s the town boards, the village boards, the city council, and the county legislature who raise the taxes for their programs. We have to be aware of inflation, as the Federal Reserve yesterday announced that they don’t expect to have any reduction in interest rates until possibly the end of the year. Inflation is not going down as quickly as they would like to have it. TC3’s budget is off-cycle due to state funding, so the County will have to do their budget by August or September. President Kremenek informed the Budget Committee today that continuing student enrollment for 2024 was up by 16%. The core student enrollment was up by 4%. The number of applications that they received was on par with last year. Whereas the dormitories were full in 2017, they are now only 1/3 full. In terms of capital projects, they received a $3 million federal grant to update their lab space (for biology, electronics, and engineering). The County is still pursuing a broadband grant. Because our application is in early, we may have a chance to get it. The grant will help us provide services to other areas in the County that aren’t serviced by broadband. TB 2024-06-13 Page 9 of 12 The County is looking seriously at the need for a shelter for the homeless population, especially those with mental illness and addiction problems. They are trying to get areas such as the “Jungle” cleaned up. People who choose to live in those situations deserve to have a level of safety. There have been situations where people have died from overdoses and at least one from murder. 2024 marks the 250th birthday of Governor Daniel Tompkins, for whom our county was named. At 4 p.m. on Tuesday, the Legislature will be throwing a little party for him, and all are invited. Cl Dravis inquired if the County has ever considered eliminating the 5 cent paper bag tax, as it is her understanding that the money does not go directly to Tompkins County. It might be a nice gesture to reduce taxes for people. M Lane responded that he thinks that it is state law that requires the nickel. Cl Dravis felt, however, that there were only five (5) counties that opted in; Cortland, Broome, Seneca, and Cayuga Counties do not have the bag tax. It might be a nice gesture for Tompkins County to eliminate the tax. M Lane will bring this back to the County. Supv Leifer returned to the topic of TC3 and focused on its two (2) vacant dorms. M Lane stated that there are still bonds to pay on these dorms, which are owned not by the college or the counties, but by the TC3 Foundation. The TC3 Foundation was set up to support the college. It bought the first two dorms after the owners went bankrupt and built the other dorms as enrollment numbers and the need for housing increased. (At one point, there was not enough housing. TC3 had to house people in Cortland.) The pandemic caused enrollment numbers and income revenue to decline, but the bonds still need to be paid. The college acknowledges that this is a serious issue and is currently looking at whether the vacant dorms could serve a different use, including housing adult students with families. There is a consultant working for the college that is surveying and making a report on this. M Lane advised the Town meet with President Kremenek for details. M Lane worried that if TC3 utilizes the vacant dorms for mixed use housing, they might get into a situation where people would leave due to student conduct. TC3 needs to carefully structure how the situation could be beneficial to the different kinds of students, as well as to the college itself, and not find itself in a legal quagmire. Discussion/Action Items Purchase Equipment for Dryden Fiber - Supv Leifer explained that this is a resolution to purchase materials for Dryden Fiber. The two villages will have service quite soon, so more equipment will need to be installed down all the streets. RESOLUTION #109 (2024) – APPROVE PURCHASE OF MATERIALS FOR DRYDEN FIBER Cl Buck offered the following resolution and asked for its adoption: WHEREAS, to continue to build the Dryden Fiber network, more materials need to be purchased from our supplier, Graybar. THEREFORE, BE IT RESOLVED that the Board approves the purchase of a variety of materials from Graybar for $89,110.83 as listed in Quote #0246028200 dated May 9, 2024. 2nd Supv Leifer Roll Call Vote Cl Vargas-Mendez Y TB 2024-06-13 Page 10 of 12 Cl Buck Y Cl Dravis Y Supv Leifer Y Appointment of Gina Cassidy as Full-Time Planner – R Burger explained that Gina Cassidy has agreed to become the Town’s new planner. She comes from Cortland County Planning, and previous to that, worked with Cornell Cooperative Extension. RESOLUTION #110 (2024) – APPOINTMENT OF GINA CASSIDY AS FULL-TIME PLANNER Cl Dravis offered the following resolution and asked for its adoption: WHEREAS, the Planning Department needed a full-time planner. RESOLVED, that this Town Board hereby appoints Gina Cassidy to the position of full- time Planner with a start date of June 17, 2024 at a salary of $70,000 per year. 2nd Cl Buck Roll Call Vote Cl Vargas-Mendez Y Cl Buck Y Cl Dravis Y Supv Leifer Y Acknowledgement of ConnectALL Municipal Infrastructure Program Application and Authorization to Take Related Actions – Supy Leifer explained that this resolution also pertains to Dryden Fiber, authorizing him, in the event the ConnectALL MIP application goes forward, to sign all documents required for further processing of the application. RESOLUTION #111 (2024) – ACKNOWLEDGEMENT OF ConnectALL MUNICIPAL INFRASTRUCTURE PROGRAM APPLICATION AND AUTHORIZATION TO TAKE RELATED ACTIONS Cl Buck offered the following resolution and asked for its adoption: WHEREAS, the Town of Dryden has submitted an application seeking a grant award from the Municipal Infrastructure Program (“MIP”) administered by the ConnectALL (“CAO”) division of the New York State Urban Development Corporation d/b/a Empire State Development (“ESD”); and WHEREAS, MIP is federally funded by the Capital Projects Fund (“CPF”) administered by the United States Department of Treasury (“Treasury”), as authorized by the American Rescue Plan Act of 2021, to allow for investment in high-quality broadband infrastructure as well as other connectivity infrastructure, devices, and equipment; and WHEREAS, under MIP, selected grantees receive conditional grant awards to construct last-mile, open-access fiber broadband infrastructure that is publicly owned and/or controlled; NOW THEREFORE, BE IT RESOLVED, that, based on materials and information presented at its meeting held on June 13, 2024, the Town of Dryden hereby takes notice and acknowledges the pending status of its MIP application; and be it further RESOLVED, that, subject to and conditioned upon ESD’s approval of the pending MIP application at issue, the Town Supervisor, or their designee(s) be, and each of them hereby is, authorized to take such action and execute such documents as may be necessary or TB 2024-06-13 Page 11 of 12 appropriate to facilitate the review, processing and potential approval of the MIP application, as well as the potential acceptance of a conditional grant award,in accordance with applicable law, regulations and guidelines governing participation in ESD’s federally funded MIP – including but not limited to Treasury’s CPF Guidance publications and ESD’s MIP programmatic guidelines. 2nd Cl Dravis Roll Call Vote Cl Vargas-Mendez Y Cl Buck Y Cl Dravis Y Supv Leifer Y Freese Road Bridge Maintenance Agreement – Supv Leifer explained that this concerns a standard maintenance agreement for the Freese Road Bridge, assuming it ever gets replaced (see attached). He needs the Board’s authorization to sign the agreement and send it back to the County. RESOLUTION #112 (2024) – AUTHORIZATION FOR TOWN SUPERVISOR TO SIGN THE FREESE ROAD BRIDGE MAINTENANCE AGREEMENT Cl Buck offered the following resolution and asked for its adoption: RESOLVED, that this Town Board has reviewed the Municipal Agreement between the County of Tompkins and the Town of Dryden, as well as the Additional Terms and Conditions, concerning maintenance of the Freese Road Bridge, and authorizes the Town Supervisor to execute the same. 2nd Cl Vargas-Mendez Roll Call Vote Cl Vargas-Mendez Y Cl Buck Y Cl Dravis Y Supv Leifer Y Volunteer Board Application from Evan Kurtz for the Climate Smart Communities Task Force – Supv Leifer explained that the Town received an application from Evan Kurtz to fill a vacancy on the Climate Smart Communities Task Force. Cl Dravis stated that he had attended this week’s Climate Smart meeting and was very enthusiastic. RESOLUTION #113 (2024) – APPOINTMENT OF EVAN KURTZ TO THE CLIMATE SMART COMMUNITIES TASK FORCE Cl Dravis offered the following resolution and asked for its adoption: RESOLVED, that this Town Board appoints Evan Kurtz to the Climate Smart Communities Task Force. 2nd Cl Buck Roll Call Vote Cl Vargas-Mendez Y Cl Buck Y Cl Dravis Y Supv Leifer Y Proposed Agenda Items for June 20, 2024 TB 2024-06-13 Page 12 of 12 Public Hearing – 6:10pm – Special Use Permit (SUP): Proposed Contractor Yard on Quarry Road - Cl Buck acknowledged that a number of concerns have already been communicated regarding this project, that things are already occurring. R Burger felt that the majority of those activities being related by residents actually occurred during the closing days of the mine when there was a lot of truck traffic; but some of them could be current activity. He was hopeful that the applicant would be able to address some of these concerns during the public hearing next week (e.g., 4:00 a.m. noise complaints, traffic, lighting). There was some review at the Planning Board meeting last month, the minutes of which will be posted on the website, as well as any emailed comments from residents and any revision documents from the applicant. Public Hearing – 6:15pm – Special Use Permit (SUP): Proposed Drive-Through Facility at 2207 Dryden Road – R Burger stated that some draft resolutions and a revised drawing will be put on the website early next week. Public Hearing – Accepting Rail Trail Easements from Villages of Dryden and Freeville postponed until July 18, 2024 – R Burger explained that we have the Freeville easement, but the language for the Dryden Village easement still needs to be hashed out, hence the postponement of the public hearing to next month. There being no further business, the meeting was adjourned at 7.32 p.m. Respectfully submitted, Loren Sparling Deputy Town Clerk 20 1 6 20 1 7 20 1 8 20 1 9 20 2 0 20 2 1 20 2 2 20 2 3 20 2 4 0 10 20 30 NFPA 1720 Year Av e r a g e # R e s p o n d e r s 1700 WEST POINTE DR STE A CHARLOTTE NC 28214-7901 Phone: 704-602-7045 Fax: 803-366-7141 To:TOWN OF DRYDEN 93 EAST MAIN ST DRYDEN NY 13053-9505 Attn:Ryan Garrison Phone:607-844-8622 Fax: Email: Date:05/09/2024 Proj Name: GB Quote #:0246028200 Release Nbr: Purchase Order Nbr: Additional Ref# Valid From:05/02/2024 Valid To:05/09/2024 Contact:Robert Bray Email:Robert.Bray@graybar.com Proposal We Appreciate Your Request and Take Pleasure in Responding As Follows Notes:PRICES AND SHIPMENTS - Unless otherwise quoted, prices for goods shall be those in effect at time of shipment, which shall be made F.O.B. shipping point, prepaid and bill. Unless otherwise indicated in the applicable quotation or statement of work, prices for services shall be those in effect at the time of completion. The contract price for goods and or services shall be increased by the amount of any applicable tariff, excise, fee, assessment, levy, charge or duty of any kind whatsoever, imposed, assessed or collected by any governmental body, whether or not reflected in the costs charged to Graybar, and Graybar may increase its cost for goods and or services appropriately to take into account such increases in Graybar's costs. Item Item/Type Quantity Supplier Catalog Nbr Description Price Unit Ext.Price 100 90 EA COMMSCOPE OTE-08MH-18- EXTG03-U23 260103823 $275.29 1 $24,776.10 GB Part #: 26153926 UPC #: ________________________________________________________________________________________________________________ 200 90 EA COMMSCOPE 760235507 OTE-M-STRAND- BRKT $24.27 1 $2,184.30 GB Part #: 26030027 UPC #: ________________________________________________________________________________________________________________ 300 160 EA HUBBELL PWR GC5002 CONNECTOR $7.97 1 $1,275.20 GB Part #: 92048353 UPC #: 09635930737 ________________________________________________________________________________________________________________ 400 300 EA MACLEAN SENIOR IND J7956 BONDING STRAND CLAMP $1.87 1 $561.00 GB Part #: 25817685 UPC #: ________________________________________________________________________________________________________________ This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at https://www.omniapartners.com/hubfs/PUBLIC%20SECTOR/Supplier%20Information/Graybar/EV2370_Graybar_MAD_2017_12_20.pdf This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval). For more information call 1-800-241-7408 to speak with a leasing specialist. To learn more about Graybar, visit our website at www.graybar.com 24-Hour Emergency Phone#: 1-800-GRAYBAR Page 1 of 6 To:TOWN OF DRYDEN 93 EAST MAIN ST DRYDEN NY 13053-9505 Attn:Ryan Garrison Date:05/09/2024 Proj Name: GB Quote #:0246028200 Proposal We Appreciate Your Request and Take Pleasure in Responding As Follows 500 200 EA MACLEAN SENIOR IND 5200 1/4 SHORT MECH GUY $12.44 1 $2,488.00 GB Part #: 25763180 UPC #: ________________________________________________________________________________________________________________ 600 1,400 EA PANDUIT ELECTRICAL PLT2S-C0 LOCKING TIE BLK 7.4IN $6.05 100 $84.70 GB Part #: 88199644 UPC #: 07498354046 ________________________________________________________________________________________________________________ 700 1,400 EA PANDUIT ELECTRICAL PLT3S-C0 LOCKING TIE BLK 11.5IN $16.80 100 $235.20 GB Part #: 88199674 UPC #: 07498354067 ________________________________________________________________________________________________________________ 800 100 EA MACLEAN SENIOR IND J6510 5/8-11 THIMBLEYE EYENUT $4.16 1 $416.00 GB Part #: 25763190 UPC #: ________________________________________________________________________________________________________________ 900 100 EA MACLEAN SENIOR IND J8810 5/8 X 10 MACHINE BOLT $1.90 1 $190.00 GB Part #: 25815664 UPC #: ________________________________________________________________________________________________________________ 1000 400 EA MACLEAN SENIOR IND J8814 MACHINE BOLT 5/8 X 14 $2.30 1 $920.00 GB Part #: 25763160 UPC #: ________________________________________________________________________________________________________________ 1100 100 EA MACLEAN SENIOR IND J8816 MACHINE BOLT 5/8 X 16 $2.83 1 $283.00 GB Part #: 25763161 UPC #: ________________________________________________________________________________________________________________ 1200 200 EA MACLEAN SENIOR IND P135AXW ATTACHMENT GUY 5/8IN INTEGRAL SPUR $4.19 1 $838.00 GB Part #: 25763163 UPC #: ________________________________________________________________________________________________________________ This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at https://www.omniapartners.com/hubfs/PUBLIC%20SECTOR/Supplier%20Information/Graybar/EV2370_Graybar_MAD_2017_12_20.pdf This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval). For more information call 1-800-241-7408 to speak with a leasing specialist. To learn more about Graybar, visit our website at www.graybar.com 24-Hour Emergency Phone#: 1-800-GRAYBAR Page 2 of 6 To:TOWN OF DRYDEN 93 EAST MAIN ST DRYDEN NY 13053-9505 Attn:Ryan Garrison Date:05/09/2024 Proj Name: GB Quote #:0246028200 Proposal We Appreciate Your Request and Take Pleasure in Responding As Follows 1300 200 EA MACLEAN SENIOR IND J5718 8F YELLOW FULL ROUND GUY WIRE MARKER GUA $9.82 1 $1,964.00 GB Part #: 25817638 UPC #: ________________________________________________________________________________________________________________ 1400 500 EA WIRE BARE-CU-SD-6- SOL-CUT REEL BARE CU $721.05 1000 $360.53 GB Part #: 22061327 UPC #: 98022061327 ________________________________________________________________________________________________________________ 1600 155,000 EA NAT'L STRAND 1/4 EHS-A-7W-5000- R-NSP-IMP 1/4 EHS STRAND ASTM-A475 IMPORT $211.76 1000 $32,822.80 GB Part #: 26411077 UPC #: ________________________________________________________________________________________________________________ 1700 260 EA CENTURY WIRE .045SS430ACW .045 LASH WIRE TYPE 430 1200 FT COIL $18.37 1 $4,776.20 GB Part #: 99431488 UPC #: ________________________________________________________________________________________________________________ 1800 500 EA MACLEAN SENIOR IND J8812 5/8 X 12 MACHINE BOLT $2.20 1 $1,100.00 GB Part #: 25763159 UPC #: ________________________________________________________________________________________________________________ 1900 1,100 EA MACLEAN SENIOR IND J8563 NUT SQUARE FOR 5/8IN BOLT $0.33 1 $363.00 GB Part #: 25763158 UPC #: ________________________________________________________________________________________________________________ 2000 1,900 EA MACLEAN SENIOR IND J1074 5/8 SQUARE WASHER $0.41 1 $779.00 GB Part #: 25763186 UPC #: ________________________________________________________________________________________________________________ 2100 800 EA MACLEAN SENIOR IND SI-1740 3 BOLT SUSPENSION CLAMP $4.44 1 $3,552.00 This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at https://www.omniapartners.com/hubfs/PUBLIC%20SECTOR/Supplier%20Information/Graybar/EV2370_Graybar_MAD_2017_12_20.pdf This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval). For more information call 1-800-241-7408 to speak with a leasing specialist. To learn more about Graybar, visit our website at www.graybar.com 24-Hour Emergency Phone#: 1-800-GRAYBAR Page 3 of 6 To:TOWN OF DRYDEN 93 EAST MAIN ST DRYDEN NY 13053-9505 Attn:Ryan Garrison Date:05/09/2024 Proj Name: GB Quote #:0246028200 Proposal We Appreciate Your Request and Take Pleasure in Responding As Follows GB Part #: 25803476 UPC #: ________________________________________________________________________________________________________________ 2200 200 EA ERICO PROD KUL CONNECTORBRZ# 6 SOL TO 1/4IN- 5/16IN GU $3.58 1 $716.00 GB Part #: 25370668 UPC #: 78285658857 ________________________________________________________________________________________________________________ 2300 1,200 EA MACLEAN SENIOR IND SI-2175 D CABLE LASH WIRE CLAMP 1/4IN - 7/16IN $0.53 1 $636.00 GB Part #: 25796500 UPC #: ________________________________________________________________________________________________________________ 2400 250 EA PREFORMED LN GDE-1104 GUY-GRIP DEAD-END 1/4IN $2.72 1 $680.00 GB Part #: 88202870 UPC #: 78523210036 ________________________________________________________________________________________________________________ 2500 400 EA MACLEAN SENIOR IND SI-1755 CABLE SUSPENSION CLAMP CURVED $5.13 1 $2,052.00 GB Part #: 25803477 UPC #: ________________________________________________________________________________________________________________ 2600 25 EA MACLEAN SENIOR IND G1MDA118DF 18IN FIBER OPTIC BRACKET $38.83 1 $970.75 GB Part #: 99974215 UPC #: 66271109765 ________________________________________________________________________________________________________________ 2700 150 EA MACLEAN SENIOR IND J25164 STRAP GUY ATTACH 1/4IN X 2IN X 45DEGREE $2.77 1 $415.50 GB Part #: 25783068 UPC #: ________________________________________________________________________________________________________________ 2800 50 EA ABB ELECTRICAL CSS-50R DE CSS50R SUPPORT CABLE $17.57 1 $878.50 GB Part #: 89041740 UPC #: 78621070069 ________________________________________________________________________________________________________________ This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at https://www.omniapartners.com/hubfs/PUBLIC%20SECTOR/Supplier%20Information/Graybar/EV2370_Graybar_MAD_2017_12_20.pdf This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval). For more information call 1-800-241-7408 to speak with a leasing specialist. To learn more about Graybar, visit our website at www.graybar.com 24-Hour Emergency Phone#: 1-800-GRAYBAR Page 4 of 6 To:TOWN OF DRYDEN 93 EAST MAIN ST DRYDEN NY 13053-9505 Attn:Ryan Garrison Date:05/09/2024 Proj Name: GB Quote #:0246028200 Proposal We Appreciate Your Request and Take Pleasure in Responding As Follows 2900 1,500 EA ABB ELECTRICAL TCP360 DE TCP360 SPACER CABLE MODULAR $6.25 100 $93.75 GB Part #: 88315125 UPC #: 78621078784 ________________________________________________________________________________________________________________ 3000 50 EA MACLEAN SENIOR IND J6526WCA 6-IN NO-WRENCH ANCHOR $32.09 1 $1,604.50 GB Part #: 25763153 UPC #: ________________________________________________________________________________________________________________ 3100 40 EA ELEC MATERLS PE3UG10 3IN POLY U-GUARD $27.37 1 $1,094.80 GB Part #: 91034134 UPC #: ________________________________________________________________________________________________________________ Total in USD (Tax not included):$89,110.83 This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at https://www.omniapartners.com/hubfs/PUBLIC%20SECTOR/Supplier%20Information/Graybar/EV2370_Graybar_MAD_2017_12_20.pdf This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval). For more information call 1-800-241-7408 to speak with a leasing specialist. To learn more about Graybar, visit our website at www.graybar.com 24-Hour Emergency Phone#: 1-800-GRAYBAR Page 5 of 6 To:TOWN OF DRYDEN 93 EAST MAIN ST DRYDEN NY 13053-9505 Attn:Ryan Garrison Date:05/09/2024 Proj Name: GB Quote #:0246028200 Proposal We Appreciate Your Request and Take Pleasure in Responding As Follows Signed:___________________________________ This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at https://www.omniapartners.com/hubfs/PUBLIC%20SECTOR/Supplier%20Information/Graybar/EV2370_Graybar_MAD_2017_12_20.pdf This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval). For more information call 1-800-241-7408 to speak with a leasing specialist. To learn more about Graybar, visit our website at www.graybar.com 24-Hour Emergency Phone#: 1-800-GRAYBAR Page 6 of 6 Municipal Agreement Between The County of Tompkins and The Town Of Dryden Agreement, made as of the ________ day of ______________, 2024 between the County of Tompkins, hereinafter referred to as the "County", having offices at 125 E. Court Street, Ithaca, NY 14850 and the Town of Dryden, having offices at 93 East Main Street, Dryden, NY 13053, hereinafter referred to as the "Town", for the continued cooperative maintenance of the bridge carrying Freese Road over Fall Creek BIN 0309800, hereinafter referred to as the "Bridge". WHEREAS, in response to deterioration of the bridge, the Town has initiated a Project to replace or rehabilitate a deteriorated one-lane metal truss historic bridge with improved pedestrian connections, P.I.N. 3756.41, (the Project), which is included in the NYSDOT BridgeNY Program, and WHEREAS, the County and the Town cooperatively maintain the Bridge under provisions of New York State Highway Law §234(10) and County Resolutions 43 of 1946 and 259 of 1998, which divide maintenance responsibilities according to specific bridge elements for bridge spans of twenty-five (25) feet or greater on Town roads, and WHEREAS, Freese Road, including the approaches to the Bridge, is a Town road and enhancements to the bridge include, among other things, steel truss façade, sidewalk and water line improvements, which are maintenance responsibilities of the Town, and WHEREAS, the Town is designing the Project and has scheduled construction for 2026. THEREFORE, IT IS AGREED AS FOLLOWS: 1. The Agreement Term shall be from ________________ through _________________. 2. The County shall be responsible for maintenance, refinishing, replacement, or repair of the following elements of the bridge: a. abutments for vehicle and pedestrian bridges, including erosion and scour protection; b. wing walls within fifteen (15) feet of the bridge fascia, including erosion and scour protection; c. superstructure structural elements; d. bridge railing; e. miscellaneous deck elements not listed below as Town responsibilities; and f. stream channel within forty (40) feet upstream and downstream of the structure. 3. The Town shall be responsible for routine maintenance, refinishing, replacement, or repair of the following: Contract # 2024-HWY-004159 a. approaches, including roadway, shoulders, drainage, curbs, guide rail, pavement markings, traffic control devices, historic markers, landscaping, and roadside vegetation; b. monolithic concrete bridge deck wearing surface; c. decorative, historic trusses, including supporting members; d. bridge sidewalk, including supporting members, deck, decorative railings, and approaches; e. lighting, public utilities, and associated supports, constructed, owned, or operated by the Town; f. removal and disposal of litter and rubbish; g. removal and disposal of snow and ice; h. removal of graffiti; and i. repair of non-structural vandalism. 4. The division of responsibility enumerated in paragraphs 1 through 2 inclusive shall remain in effect during construction and for the existence of the bridge. 5. The parties agree to the additional terms and conditions set forth in Attachment A, which are incorporated into this Agreement. IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as the day and year first above written. DATE: _____________ DATE: _____________ _____________________________________ _____________________________________ COUNTY OF TOMPKINS Signature TOWN OF DRYDEN Authorized Signature Jessi Schmeiske _____________________________________ Risk & Compliance Administrator Print Name & Title ADDITIONAL TERMS AND CONDITIONS NOW, THEREFORE, in consideration of the promises, covenants, and agreements contained herein, the COUNTY and TOWN (the “PARTIES”) agree as follows: 1. The terms and provisions of this Agreement, and any controversies arising hereunder, shall be interpreted, governed, and construed under the laws of the State of New York. The PARTIES consent to the exclusive jurisdiction of, and venue in, the State and Federal Courts within Tompkins County, New York. This Agreement is binding on all successors, heirs, executors, administrators, representatives, and assigns of all the PARTIES hereto. 2. This Agreement constitutes the entire agreement between the PARTIES with respect to the subject matter hereof and supersedes all other prior agreements and understandings, both written and oral, between the PARTIES with respect to the subject matter hereof. Attachments, appendix, exhibits, schedules and annexes attached to this Agreement are incorporated herein and shall be considered a part of this Agreement for the purposes stated herein, except that in the event of any conflict between any of the provisions of such attachments, appendix, exhibits, schedules, and annexes and the provisions of this Agreement, the provisions of the COUNTY’s terms and conditions shall prevail. 3. If any of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. The PARTIES shall use all reasonable efforts to substitute a valid, legal, and enforceable provision that implements the purposes and intents of this Agreement. 4. The PARTIES agree that the terms contractor, consultant, vendor, agency, or recipient may be used interchangeably throughout an Agreement. 5. Any notice, demand or communication required, permitted, or desired to be given hereunder shall be deemed effectively given when personally delivered or mailed by prepaid certified mail, return receipt requested, to the addresses set forth above. 6. The COUNTY reserves the right to terminate this Agreement for any reason giving thirty (30) days written notice. 7. This Agreement may not be amended, modified, or reassigned except in writing by mutual agreement of the PARTIES hereto nor may any obligations be waived orally. 8. All terms and conditions of this Agreement shall apply to any subcontractor. 9. The COUNTY reserves the right to perform work related to the Agreement with the COUNTY's own forces, and to award separate agreements in connection with other portions of the scope of work under conditions of this Agreement identical or substantially similar to these, including those portions related to insurance and waiver of subrogation. 10. Either party shall not be responsible for any failure to perform or delay attributable in whole or in part to any cause beyond its reasonable control including, but not limited to, acts of God, government actions, war, civil disturbance, terrorism, insurrection, sabotage, labor shortages or disputes. 11. Both PARTIES shall maintain the confidentiality of all protected information including, but not limited to, organizational details, finances, business opportunities, business records, specifications or plans owned by either party Both PARTIES agree to notify the other immediately in the event either learns of any unauthorized access, possession, distribution, or use of any sensitive information relating to a client has occurred. 12. It is mutually agreed between the PARTIES that they are not in a employee-employer, partnership, agent, representative relationship exists between the PARTIES under the terms of this Agreement, nor to enter into or assume, or attempt to enter into or assume any obligation on behalf of the other. 13. Except as may otherwise be specified in the body of the Agreement, the TOWN agrees to provide its employees with such tools, materials, and equipment required to perform the services prescribed by this Agreement. 14. During the performance of this Agreement, the PARTIES agree that it will not discriminate against any employee or applicant for employment because of age, ethnicity, creed, race, color, sex, sexual orientation, gender identity, national origin, marital status, disability, military status, status as an ex-offender, arrest record, conviction record, and domestic violence victim status, and will take affirmative action to ensure that they are afforded equal employment opportunities without discrimination. The areas in which discrimination on the aforementioned grounds is prohibited include, but are not limited to, recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. 15. The TOWN shall release, waive, indemnify, hold harmless, and defend the COUNTY and its officers, employees, agents and elected officials from and against any and all claims, demands, actions, causes of action, suits, or judgements, including but not limited to, losses, costs, expenses, penalties, or other damages or liability brought against the COUNTY and its officers, employees, agents and elected officials for injury, illness, or death to any person or persons or damage to property arising out of the performance of this Agreement by the TOWN, its employees, subcontractors or agents with the exception of actions and claims arising out of the negligence of the COUNTY. The indemnification will survive the term of this Agreement whether it is terminated or expired. Both PARTIES shall maintain minimum limits of insurance per COUNTY requirements or as required by law, whichever is greater. 16. The TOWN certifies to the COUNTY that the programs and services to be provided and described herein are accessible to the handicapped in accordance with the provisions of Section 504 of the Federal Rehabilitation Act of 1973. 17. The PARTIES agree that as a condition of receipt of Federal funds, if any, that audits be performed of the TOWN 's records by auditors in compliance with the Federal Single Audit Act of 1984. 18. All required Federal, State, and Local licenses shall be obtained by the TOWN prior to commencement of this Agreement and shall be maintained by the TOWN for the duration of this Agreement. The TOWN agrees to comply with all Federal, State, and Local laws and regulations governing the provision of goods and services under this Agreement. To the extent that Federal funds are provided to the TOWN under this Agreement, the TOWN agrees that it will comply with all applicable Federal laws and regulations, including but not limited to those laws and regulations under which the Federal funds were authorized. 19. TOWN agrees to observe and satisfy the requirements of the COUNTY’s Compliance Plan regarding Federal and State fraud and abuse laws. The Compliance Plan can be viewed at www.tompkinscountyny.gov, or a copy can be obtained by contacting Tompkins County Department of Administration. Contractors who provide healthcare services certify that neither the TOWN, nor its employees, directors, officers, and subcontractors are “excluded individuals or entities” under Federal and/or New York State statutes, rules and regulations. If the TOWN provides healthcare services, the TOWN agrees to screen all employees, directors, officers and subcontractors on a monthly basis at the New York State Office of Medicaid Inspector General website, and any other websites related to the Excluded Parties List System required by Federal and/or New York State Medicare or Medicaid statutes, rules and regulations, to determine if any employee, director, officer, or subcontractors is on or has been added to the exclusion list. The TOWN shall promptly notify the COUNTY if any employee, director, officer or subcontractors is on or has been added to the exclusion list. The COUNTY reserves the right to immediately cancel this Agreement, at no penalty to the COUNTY, if any employee, director, officer or subcontractors is on or has been added to the exclusion list. By signing this Agreement, the TOWN attests to that fact that the TOWN and/or the provider have not been sanctioned nor excluded by any of the aforementioned entities. 20. The New York State Labor Law at Article 9, Sections 230-239-A of said statute requires that contractors and subcontractors pay the prevailing rate of wage and supplements (fringe benefits) to all workers under a public work contract and follow other requirements. Employers must pay the prevailing wage rate set for the locality where the work is performed. Prevailing wage is the pay rate set by law for work on public work projects. This applies to all laborers, workers or mechanics employed under a public work contract. Every contractor and subcontractor must keep and provide certified original payrolls or transcripts subscribed and affirmed as true under penalty of perjury. These must be made available to the COUNTY at its request. Payrolls must be maintained for at least three (3) years from the projects date of completion. Additionally, as per Article 6 of the Labor Law, contractors and subcontractors are required to establish, maintain, and preserve for not less than six (6) years, contemporaneous, true, and accurate payroll records. At a minimum, payrolls must show the following information for each person employed on a public work project: Name; Address, Last 4 Digits of Social Security number, Classification(s) in which the worker was employed, Hourly wage rate(s) paid, Supplements paid or provided, and Daily and weekly number of hours worked in each classification. Payroll records and transcripts are required to be kept on site during all the time that work under that contract is being performed. 21. The signees on behalf of each of the PARTIES warrant that they are duly authorized to bind their organization to the terms and provisions set forth herein, and further acknowledge that the other party is entitled to rely upon this representation of authority.