The Path Forward Rochester Prepares to Get Back to Business

BOUNCE BACK NAVIGATING THE POST-PANDEMIC ECONOMY

Rochester’s future depends on the strength of all small and medium businesses to drive the economic recovery in the aftermath of the coronavirus pandemic. The RBJ has assembled a slate of experts across all industries to share their expertise and advise businesses of all sizes on how to bounce back when the pandemic starts to abate. What should you do now to prepare for an economy that’s likely to look nothing like we’ve seen before? Find that and more inside these pages.

The Path Forward Rochester prepares to get back to business

PRESENTED BY 2 rbj.net BOUNCE BACK NAVIGATING THE POST-PANDEMIC ECONOMY July 17, 2020 TABLE OF CONTENTS Woods Oviatt Gilman LLP: FAMILIES FIRST: Employee paid leave as it relates to coronavirus ...... 3 Bergmann Associates: OFFICE SAFETY: Workplace resiliency: Rethinking workspaces for a better future ...... 4 Black Button Distilling: AGRIBUSINESS: Black Button Distilling reimagines a way to thrive ...... 6 Our Lady of Mercy School for Young Women: RESOURCES FOR EDUCATORS: Leadership in uncertain times: Mercy’s response to COVID-19 . . . .8 The Bonadio Group: CLIENT SERVICES: Responding to rapidly changing client needs in the era of COVID-19...... 10 Central Library of Rochester & Monroe County: SMALL BUSINESS ASSISTANCE: The information you need, when you need it ...... 11 Greenlight Networks: WORKING REMOTELY: Greenlight lives in the home bandwidth it sells ...... 12 Harris Beach PLLC: CONTRACT ISSUES: How COVID-19 has transformed legal contracts ...... 14 Harter Secrest & Emery LLP: DON’T BE FOOLED: Opening the doors again: Don’t forget about protecting your data ...... 15 FINANCIAL ASSISTANCE: COVID-19’s continued impact on loan markets and the status of federal aid programs ...... 16 Jamestown Container Corp.: MANUFACTURING: How can manufacturing plants open safely? ...... 17 Manning & Napier: WEALTH MANAGEMENT: Finding confidence in uncertainty ...... 18 SWBR Architects: SAFETY: Looking at elders’ housing in a new way ...... 20 United Way of Greater Rochester: NON-PROFITS: How crisis brings out our strengths ...... 21 Woods Oviatt Gilman LLP: LEGAL SERVICES: Uncertain times: Protecting your business through contracts in the wake of COVID-19...... 22

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FAMILIES FIRST ACT Employee paid leave as it relates to coronavirus

ffective April 1, 2020, of a health care provider), or the federal government care for a child (under 18 years of Eenacted the Families age) whose school or child care First Coronavirus Response provider is closed or unavailable Act (“FFCRA”). Applicable to for reasons related to COVID- employers with less than 500 19. Employees are immediately employees, the FFCRA has two primary components: paid sick eligible for PSL. leave (“PSL”) and expanded Under the eFMLA provisions, Family and Medical Leave eligible employees are entitled Act (“eFMLA”) coverage. The to receive up to 10 weeks of FFCRA is scheduled to expire on paid leave (at 2/3 their regular December 31, 2020. rate of pay) due to a need to Under care for a non-disabled son/ the PSL daughter under the age of 18 provisions, whose school is closed or whose eligible childcare provider is unavailable employees for reasons related to COVID- are entitled 19. Parents with children who Lorisa D. to receive up have disabilities may also be LaRocca to 80 hours entitled to eFMLA leave to care of full pay for their children over age 18 in Partner Woods Oviatt (with a max certain circumstances. Eligible care unavailability if the leave under the State’s COVID sick Gilman LLP of $511/day) employees may combine their requirements would jeopardize leave law, the FFCRA does not because the 2 weeks of PSL and 10 weeks the viability of the business as contain such an exclusion. employee is quarantined of eFMLA leave for a total of 12 a going concern, as defi ned by Therefore, employees who (pursuant to Federal, State, or weeks of paid leave. Employees the regulations. Employees who return from a “hot spot” may be local government order or advice must be employed for at least 30 can tele-work are not eligible for eligible for FFCRA leave during of a health care provider), and/ days before becoming eligible for either PSL or eFMLA leave. their quarantine period. The or experiencing COVID-19 eFMLA leave. Although most employers USDOL has issued very helpful symptoms and seeking a medical Employers whose employees have familiarized themselves guidance regarding the FFCRA diagnosis. Employees are also utilize FFCRA leave are eligible with the FFCRA obligations since which can be found here: entitled to receive up to 80 to receive dollar for dollar tax its enactment, the most recent https://www.dol.gov/agencies/ hours of paid leave at 2/3 their credits, against their payroll issue to arise relates to eligibility whd/pandemic/ff cra-questions. regular rate of up (with a max taxes, in the amount of the for FFCRA leave payments of $200/day) if the employee FFCRA wages paid to such to employees returning from Lorisa D. LaRocca, Esq. is is unable to work because of a employees. Small businesses voluntary trips to states currently Partner in Woods Oviatt bona fi de need to care for an with fewer than 50 employees impacted by Governor Cuomo’s Gilman LLP’s Labor and individual subject to quarantine may qualify for exemption from travel ban. While the Governor Employment Department. She (pursuant to Federal, State, or the requirement to provide leave has specifi cally excluded can be reached at 585-987-2834 local government order or advice due to school closings or child voluntary travel from coverage or [email protected] www.woodsoviattgilman.com 1900 Bausch & Lomb Place | Rochester, NY 14604 | (585) 987-2800

WoodsOviattGilmanLLP woodsoviattgilmanllp @WoodsOviatt woods-oviatt-gilman-llp

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OFFICE SAFETY Workplace resiliency: Rethinking workspaces for a better future

he COVID-19 pandemic experience for employees. will be better maintained and or nature-based colors and will have a lasting impact Specifi c solutions will vary by last longer. patterns, increases productivity Ton workplace design. industry, type of work, company and employee engagement, while Ofices aren’t going away and size and culture, but should Health Resilience reducing absenteeism, stress and will likely all touch on four categories of The future o ce will need mental fatigue. become a resilience: functional, social, to do more to protect human hybrid that successfully health and psychological. health and safety. We’re fi nding Social Resilience balance the ways to mitigate germs through Social aspects of resilient beneits of Functional Resilience touchless technology, HVAC workplaces are as important as being in the Functional resiliency refers to system improvements and physical. Diverse communities Kelly Jahn, ofice and the critical support of workplace selection of materials. Touchless where people know and respect AIA, IIDA, working elements necessary to keep technology may include hands- each other thrive and bounce from home. NCARB, businesses running amidst free fi xtures and occupancy back quicker from external While what a future pandemic or other sensors throughout an o ce, or stress. By focusing on universal LEED AP, that means disaster. It’s achieved in the controlling shared collaborative design strategies, human factors Interior will vary by way we plan workplaces, select screens, such as conference in design such as proxemics, Architecture and company, we Design Discipline products, and design systems room sign-out, with individual and human diversity we can Lead, Bergmann do know that Associates all workplaces that are easily adaptable to smartphones or voice activation. ensure that the spaces we create need to be change. Additionally, changes to HVAC are socially responsible and more resilient so they’re better Planning adaptable o ces may operations can reduce the risk of functional for all users. prepared for the unexpected. include locating critical services airborne exposures. Mechanical Proxemics, which refers to the The meaning of ‘resiliency’ such as the network system away systems should be evaluated and spatial separation individuals varies across disciplines. Here from exterior walls, applying adjusted to increase fresh air naturally maintain, varies I focus on its application in de-densifi cation strategies and intake, optimize temperature based on environmental and interior architecture and widening circulation pathways, and humidity, eliminate leaks cultural factors and needs to design, an important issue or providing ample space for in ventilation systems, and be analyzed in the wake of the to consider as we learn from video conference rooms to improve air quality through pandemic. This may involve the COVID-19 and prepare for the keep home and o ce workers system fi ltration and cleaning. evaluation of large open spaces future. Together, designers and connected. It also prioritizes a Non-porous materials that where individuals may feel business stakeholders must shift from individual work areas are durable, easily cleaned overexposed, and breaking them look holistically at workplace toward activity-based spaces that and sustainable will support down into smaller spaces that planning to create more resilient, react to employee needs, such occupant health and well-being. feel more secure and still support fl exible, and people-centered as team collaboration, project- Additionally, by providing group gatherings. workplaces that support both based work and other temporary calm, quiet areas and access The use of glass and access employee health and business activities. to outdoor space, employees to natural light create spaces continuity when the next Functional resiliency considers can rest, reset, or concentrate that are more inviting and open disruptive event occurs. the incremental and long-term for improved mental health. to all. Strategic placement of By shifting our priorities and life of a building, designing Incorporating direct or indirect shared building functions, such mindsets about workspaces, not just for use on day-one, natural elements into workplace as a café or print rooms, or we can create an environment but for the potential second or design has been tested and designating work-free zones, will that feels better, responds better third life of the space. Well- proven to have health, well- encourage employee interaction. to change, more respectfully designed buildings focused being, and economic benefi ts. Widening stairs and hallways connects the built and the on the organization of space, A physical or psychological creates opportunities for chance natural environments, and construction techniques, connection to nature, through encounters and impromptu provides a more meaningful material selection and aesthetics the use of natural materials conversations and provides for

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ergmann is a nationally Brecognized architecture, engineering and planning fi rm with o ces throughout the Northeast, Midwest and Atlantic regions. Founded in Rochester 40 years ago, the fi rm is proud to operate out of its corporate headquarters downtown, with nearly half of Bergmann’s 450+ professionals calling Tower280 their home. Bergmann has long been recognized as a trusted design partner and advisor for projects throughout the region with recent notable projects including design of 260 East Broad Street, the Inner Loop North transformation, Blue Cross Arena Riverside Expansion and ROC the Riverway. In response to evolving building and workplace needs resulting from the COVID-19 pandemic, Bergmann gathered better social distancing. so employees feel safe, valued connectivity has changed, and specialists across the fi rm to Involving employees directly and empowered. Additionally, design spaces that promote form its resilient design team. in the design process will multiple strategies contribute to collaboration while allowing for Comprising experts from contribute to a strong, inclusive the psychological and cognitive the individual’s level of comfort areas such as interior design, work environment. For example, aspects of resilient design of architecture, mechanical with face-to-face interaction. providing opportunities for workspaces, including spatial engineering, environmental There has been much employees to choose the way arrangements, color, lighting and health and safety, and they work or fl exibility to connection to the outside and speculation around how COVID- cleanroom protocols, this rearrange their space will provide larger community. Color palettes 19 will change workplace design team looks holistically at the individual control and sense of may trend toward soft pastels long-term. Time will ultimately physical design of a space and belonging, and prioritize equity and neutrals for a sense of calm, tell, but it will likely be a blend building to adapt and create across the o ce. or toward bold jewel tones to of the collaborative benefi ts environments that support boost energy. of being in an o ce with new the needs of employees while Psychological Resilience Allowing for more individual behaviors learned while working delivering on business goals. In addition to health and control over their work The team off ers specialized and from home. A well-designed social impacts, COVID-19 has environment, in terms of tailored business environment workplace, where employees had a psychological eff ect on lighting and thermal comfort, and facility planning services feel safe and protected, will many o ce workers. Addressing or choice in the way they work, to meet the unique needs of issues of functional, health will contribute to an employee’s draw people back to the o ce. clients across multiple vertical and social resiliency will go peace of mind. Workplace resiliency is the key to markets including commercial, a long way toward evoking a Going forward, we need a new normal and critical to the corporate o ce, education, sense of health and well-being, to acknowledge that human design of future o ce spaces. hospitality and retail.

www.bergmannpc.com 280 East Broad St., Suite 200 | Rochester, NY 14607 | (800) 724-1168

bergmannassociates bergmannpc @BergmannPC bergmann-associates

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AGRIBUSINESS Black Button Distilling reimagines a way to thrive

Our Story Covid-19’s Impact on ince 1922, Jason Barrett’s U.S. Distillers family has provided some The numbers for craft Sof the inest men’s suit distilleries look daunting. buttons available. For four According to the American Craft generations these buttons have Spirits Association, 64 percent closed suits worn by presidents, expect to see sales drop and 85 popes, kings, and businessmen percent of tasting rooms have the world over. At a young age closed or laid-off /furloughed Jason went to employees. Further, the Distilled work in his Spirits Council claims that more grandfather’s than two thirds of the 1,800+ factory, but craft distilleries do not expect it was clear to survive by the end of this that he was meant for a pandemic. This is intimidating, Jason different path. but it has forced us to rethink Barrett He broke our current sales model. “We are not expecting to Founder, Black tradition and Button Distilling decided to be one of them,” — Jason Barrett, make whiskey, ‘What just happened?’” source ingredients, distribute Founder/President all while — Stephanie Barrett, to new consumers, and fl ip staying true to the lessons he Human Resources Manager The Day Which Will Live our marketing model upside learned from the factory: work down. It required us to look at hard, work with your hands, in Infamy Why Hand Sanitizer? everything with a whole new and create quality products. As Rewinding back to mid- Realizing the community need perspective. Rochester’s irst grain-to-glass March, there was a real fear that for hand sanitizer, and that we distillery since Prohibition, Black once we closed our doors in are uniquely qualifi ed to make it, Partnerships Button Distilling pays homage the heart of the Public Market we conceptualized the process We reached out to every friend to Jason’s grandfather and the district, they might not open and delivered our fi rst order in and neighbor that we have in world that he knew. again. Faced with a potentially three days. It went directly in the this business. We never thought long-term shutdown, we rallied hands of health care workers, we would ever need to develop a as a team and worked to provide fi rst-responders and other system to truck in sterile water a much needed product to the essential business employees. from the Genesee Brewery Rochester community and We off ered the hand sanitizer at — but we did. We needed the frontline workers: hand sanitizer. cost, and the good will generated water to comply with the FDA “On March 15th, a date which sparked a community interest recipe, and they were there for will live in infamy at this point, in supporting us. This was never us. Fee Brothers, another pillar I remember Jason being on about making a profi t. This was of the Rochester community, the phone from mid-morning about keeping the community supplied us with the glycerol (11 a.m.), and everything was safe and keeping Black Button also needed for the FDA recipe. operating pretty normally with employees working. We absolutely could not have a few restrictions … Four hours produced our hand sanitizer later [we were] closing the plant. How Did This Happen in without their help. And three hours from then Less Than 48 Hours? “I’m going to owe a lot [Jason said], ‘We’re making This was more than making of people some pretty big hand sanitizer.’ I was like, a new product. We had to drinks or barrels of bourbon

SPONSORED CONTENT July 17, 2020 BOUNCE BACK NAVIGATING THE POST-PANDEMIC ECONOMY rbj.net 7 after this is all said and done, because I think I called in just about every favor I’ve accumulated over the last seven years to do this. Everyone’s been very happy to help, and we’ve had a great outpouring of support from the community and other businesses o ering to help.” — Jason Barrett, Founder/ President

Employees Reimagined At the beginning of the pandemic, we chose not to furlough the marketing team. We knew that now, more than ever, it would be crucial to fi nd new ways to communicate with consumers. With support from the government and the production of hand sanitizer, we were able to bring back all of our full-time employees and even our part-time employees. Once working as bartenders, they were now working in production, manning the bottling lines and operating vans making deliveries and partnering with Cheesy love letter to local agriculture within Monroe County. Diversifying the Black Button Experience Eddie’s to come up with delicious and makes up a piece of the cakes using our products. Our small business bedrock of Ramping up Production We had to completely redo customer experience went from our community. This year We went from one bottling our website and distribution in-person to remote, and we has intensifi ed Black Button’s line to eight. We went from structure in order to launch now ship to over 38 states and commitment to putting that producing 1,000 bottles of hand e-commerce and pull together community fi rst. We believe in counting. sanitizer a week to producing our curbside and delivery keeping our home healthy, and 70,000 bottles a week. We have processes. Every Thursday we Recommitment to not just with hand sanitizer. It is made more hand sanitizer in go live on social media with a no secret that small businesses three months than we have made variety of hosts off ering virtual Rochester support the health of our spirits in our entire eight years tastings, cocktail creations, The founding of our company country’s economy. The reality of existence. These numbers are food pairings and more. We’ve is deeply tied to Rochester’s is that when you decide to shop astounding, and looking back brought the Black Button history, buttoned up by the local, you are contributing to the on these last few months, pretty experience into our customer’s strength of family-owned livelihood of the neighborhoods amazing. homes by creating cocktail kits businesses. Our existence is a we all call home. www.blackbuttondistilling.com 85 Railroad St. | Rochester, NY 14609 | (585) 730-4512

BlackButtonDistilling blackbuttondistilling @BlackButton85 black-button-distilling

SPONSORED CONTENT 8 rbj.net BOUNCE BACK NAVIGATING THE POST-PANDEMIC ECONOMY July 17, 2020 RESOURCES FOR EDUCATORS Leadership in uncertain times: Mercy’s response to COVID-19 Lessons in informed and we began monitoring Young Women has multiple addressed the topic of on-line decision making the situation. When Japan dimensions to its mission. education’s strengths and closed schools for a month Under varying circumstances, weaknesses. We quickly losing schools and businesses was logistically on February 27, our team one dimension or another discerned that we needed to Ca lot easier than preparing immediately began to plan for must necessarily become provide synchronous (real- for reopening, but with careful the continuity of instruction the primary consideration, time) remote instruction preparation and communication, in the event of school closings even while others remain following our standard leaders can instill conidence in the U.S. important. With the daily schedule and grading that their organizations are in 2. Leaders must always consider possibility of closing school, system if we were to provide good hands. No business or how any problem that arises the academic program became our students with rigorous institution calls them to be consistent the primary focus. It was clear instruction and a disciplined has with their institution’s that we would need to move routine. We were then able responded mission. As a Catholic, all-girls to online learning in some to turn our attention to other perfectly to the current college preparatory school, capacity. It was fortuitous critical dimensions of our crisis and Our Lady of Mercy School for that my doctoral dissertation mission - planning for ways it would Martin be foolish Kilbridge, to claim to Ed.D., know the future, but Principal Our Lady of Mercy Mercy’s School for Young preparation Women for the arrival of the pandemic and for the school’s eventual reopening point to some approaches that will better situate all organizations for success in uncertain times. 1. Leaders need to be aware of circumstances that might impact their institution. It was apparent in early February that an epidemic was devastating the city of Wuhan. Even before any action was being taken in the United States, Mercy’s president, Pamela Fennell Baker, was expressing her concern regarding the potential impact this disease could have on our country as a whole and Mercy in particular. At the time, we had no guidance from government o cials, but our radar had been tripped

SPONSORED CONTENT July 17, 2020 BOUNCE BACK NAVIGATING THE POST-PANDEMIC ECONOMY rbj.net 9 that we could maintain our decisions, it was the ‘Closing sense of community and our Committee’ guided by the identity as a spiritual people. exceptional advice of Board 3. Leaders bring their team Member Dr. Colleen O’Neil together and quickly assess Davis, M.D., MPH, Chief needs. From the outset, we of the Pediatric Emergency knew technology would be Department at University of integral to the success of our Rochester Golisano Children’s online program. We needed to Hospital, that determined assess if we had the platform Mercy would close school and applications necessary to and immediately begin carry out our emerging plan synchronous instruction. and whether our constituents, 5. Communicate clearly and in particular our teachers and consistently. Within days of students, had the resources to hearing that Japan had closed engage in online instruction its schools, we had our plan in place for continuous learning and learning. Our Director School, Dr. Sherylanne Diodato; the Department of Neurosurgery of Technology, Michael in the event our school closed. and our counseling staff . at the University of Rochester Saputo, was instrumental in In less than a week, Dave Medical Center, and Chief of making these assessments and Carro, Mercy’s Vice President What Next? Neurosurgery at Rochester ensuring all needs were met. for External Aff airs, began our Now we stand at a critical and General Hospital, meets weekly We benefi ted from an already systematic communications of uncertain juncture. There will to discuss the progress of robust use of technology in the the plan to the broader school be a time when we are all back classroom, but we also knew community, fi rst to faculty in school, but we do not know diff erent subcommittees and we would need to quickly train and staff and then to students when. We certainly know how to to report on the most current people in new applications, and parents. The message was: run a school fully on-campus and information from health and we are prepared, this is the especially video conferencing, fully online. We obviously prefer government authorities. This plan, and we are ready. And if we would be ready for to be back to normal where we includes looking into monitoring we were. the day the school closed. greet our girls with warmth and screening protocols and We therefore developed a Our synchronous instruction and genuine love, but we must methods of ensuring social sequence of steps that would model following our regular daily plan for a myriad of return-to- distancing; evaluating various have teachers and students school schedule was widely hailed school scenarios. Fortunately, hybrid models of on-campus ready by March 13. That plan as an example of what online we are conscious planners and turned out to be clairvoyant; education in the age of COVID have time to prepare. We have and online instruction according we announced our closure on should be. Our students did surveyed our stakeholders; to prioritized, measurable that day. The county districts not become what the New York pulled together teams of objectives to identify those followed the next day. Times called “A Lost Generation,” internal and external experts which will best meet our needs; 4. Rely on experts when they stayed on task to complete in facilities, fi nance, medicine, and to always ensure the safety necessary. We have incredibly their studies under the guidance and education; begun evaluating of our students, faculty, and staff . talented educational and non- of dedicated teachers who worked alternatives based on a sound Change and crises are profi t professionals working harder than ever to ensure the decision making protocol; and inevitable. Knowing who you at Mercy, but we do not have core mission of educating young are communicating our progress are and building in a culture of medical experts on staff . This people was pursued. Supporting at important milestones. planning is critical to leaders crisis called for expert insight the teachers, students, and Our COVID-19 Reentry into the progress and impact parents throughout were our Advisory Task Force, launched navigating uncharted waters. of the coronavirus. In addition Dean of Academics, Donna Horn; by President Baker and led by Our Lady of Mercy School for to the academic team that had our Dean of Student Life, Dana James “Jim” Maxwell, M.D., Young Women is well-positioned made most of the previous Whipple; our Dean of the Middle Clinical Assistant Professor in for the next challenge.

www.mercyhs.com 1437 Blossom Road | Rochester, NY 14610 | (585) 288-7120

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CLIENT SERVICES Responding to rapidly changing client needs in the era of COVID-19

s COVID-19 took hold, time of great uncertainty. We professional service irms monitored the ever-changing Aacross the board had to landscape and provided extensive diversify and adjust their services education on legislative policies, to best attend to their clients’ government programs, and our evolving needs. Professional service irms solidiied their role own experts’ guidance to help as trusted partners by providing companies maintain short- and speciic areas of knowledge and long-term liquidity, protect jobs, expertise beyond their core manage their workforce, and services. At The Bonadio Group, otherwise remain viable. Our that meant putting a strong subject matter experts presented emphasis on expanding and webinars and created content enhancing our business advisory on these and related topics that services; setting our “& More” philosophy into hyper-drive. were essential to a company’s leaders prioritize resources, thrive in the COVID-19 era and At the survival. And the information we identify where they should spend beyond is really based on bringing onset of the provided wasn’t just for clients – their time, and understand how to the forefront a number of COVID-19 we aimed to be a resource for all they can do things diff erently. services that we had always crisis, we businesses and the communities The next area of focus involves provided, but are needed now immediately we serve. looking at ways that businesses more than ever. Responding to started Having seen clients through can thrive in a post-pandemic rapidly changing circumstances the trough, we have now turned Bruce Zicari thinking environment. Those who have and recasting our services was, about how we our attention to developing taken the necessary steps to and remains, an essential part CEO and services that help business Managing could most survive and pivot, adapting of our strategic approach – one Partner, The eff ectively owners strategize around the to the changed landscape, that we will continue to follow Bonadio Group help new issues they face, as many of will be uniquely positioned to ensure that we remain a vital our clients navigate the them need to think diff erently to capitalize on opportunities partner to our clients. unprecedented challenges they about various company aspects, arising out of recovery. Our were facing. As a CPA fi rm, we’re and, in more cases than not, Transaction Advisory Services Founded in 1978, The Bonadio in a unique position because we reshape their business. To assist group assesses acquisitions Group is a nationally ranked Top understand almost all facets of companies as they pivot into the and related investments for 50 CPA irm offering accounting, our clients’ business. With that next phase of their operations, companies seeking to diversify tax, and consulting services to clients of all sizes. The Firm’s advantage, we sharpened our we have expanded our strategic and expand into new services professionals deliver practical, focus into three categories of advisory group to work with or markets. We also use several proactive, and innovative companies on business planning, mission-critical services for our strategic planning instruments solutions to help clients reach clients. fi nancial forecasting, process to determine and analyze other their inancial, compliance, The fi rst was a set of services mapping, business process opportunities for growth. management, and personal and capabilities to help optimization, & More. These Our focus on helping goals. For more information, companies survive during a activities will help business companies survive, pivot and click on the links below: Bonadio.com 171 Sully’s Trail | Pittsford, NY 14534 | (585) 381-1000

TheBonadioGroup bonadiogroup @bonadiogroup the-bonadio-group

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SMALL BUSINESS ASSISTANCE The information you need, when you need it

e are committed to supporting Wbusiness owners and entrepreneurs in the Finger Lakes region. We know that many of you are adding new capabilities, pivoting your business model and adapting in ingenious and resourceful ways. Let us at the Business Insight Center help you. We have a team of experts that are available to conduct market research and support your company benchmarking strategy. Our support is virtual and anyone in the Finger Lakes region can tap into Jennifer New York State, in which you service, you understand this is a I need to know the annual our talent Byrnes can meet virtually with a patent huge cost savings. growth rate for commercial remotely. examiner before you fi le. The Maybe your biggest need is building construction in the US Director of the We serve Business Insight examiner you meet with will access to funding. We can help businesses of (It’s 1.4%). Center have specifi c expertise in your there too. With databases such as Central Library any size and Who are the major players in of Rochester & type of technology and will make PitchBook we can let you know stage. We telemedicine? Who has received Monroe County sure your application is on par. what VC fi rms invest in your type have access the most VC backing? Who has time for o ce actions? of business and at what stage. If to proprietary databases, such Should I renew my patent? Is Not you! VC is not what you are looking as IBISWorld, Frost & Sullivan, there anyone that would license The BIC is home to the for, we will refer you to the Small and Mergent Intellect that a it from me? Carlson Center for Intellectual Business Administration, Kiva, or vast majority of local businesses In short, we are the diff erence Property, a USPTO designated other community partners. can’t aff ord. The information between saying “I think” and Patent and Trademark Research To give you an example of the your business needs to make Center. Staff members go to type of queries that utilize our “I know.” Our work is funded informed, evidence-based Alexandria, Virginia, annually for capability best, here are a few through the Central Library of decisions can’t be Googled. It’s intensive training and as such requests that came in last month: Rochester & Monroe County. that simple. are highly skilled at conducting I need a list of every machine Don’t you want to be in the You probably didn’t know prior art searches for patents shop in New York, New Jersey, know? Please contact us at we are one of only six libraries and trademarks. For anyone who and Pennsylvania with less than [email protected] in the U.S., and the only one in has retained an attorney for this 100 employees. for more information. roccitylibrary.org 115 South Ave. | Rochester, NY 14604 | (585) 428-7300

RocCentralLibrary roccity_library @RocCityLibrary

SPONSORED CONTENT 12 rbj.net BOUNCE BACK NAVIGATING THE POST-PANDEMIC ECONOMY July 17, 2020

WORKING REMOTELY Greenlight lives in the home bandwidth it sells

riday, March 13th. That was the last day we at FGreenlight Networks were all together working in the same ofice, meeting face-to-face, holding impromptu brainstorm sessions in the hallways, and catching up with each other’s lives in the break room. Life has changed since then and while we at Greenlight continued to work, we all did so virtually and remotely. As an Internet company we sell the value of home bandwidth every day, and now we are all living it. Almost overnight, bandwidth usage nationwide jumped on Greenlight Technicians implemented CDC protocols to keep connecting customers with enough average by 70%. Suddenly, bandwidth to work from home. those super-fast plans many has a corresponding impact on and we have kept a close eye on 2. Get Ready for the Day: Get in people assumed were geared work productivity. Typically, our customers’ demand during a routine that is similar when toward intense gamers were a these homes are using cable this time. We are happy to you were working from the necessary option for the average internet, which is a shared report that even with that 70% o ce. Change out of your PJs household. Internet connection and Monday through Friday daytime into a diff erent outfi t to get With 80% of people who bandwidth is rationed within the usage jump, our fi ber network ready for your workday can work from home working household and often with your rose to the challenge with room 3. Set a Realistic Daily To-Do remotely, many are using high- neighbors. On average, people in for more demand. List: Each morning, write bandwidth applications like this situation are seeing 6 hours Besides fi ber internet, we down what you want to video conferencing. Gone are of lost productivity time each found and recommend tips to accomplish and check things the days when bandwidth was week due to internet rationing make working from home a little off as they get done to keep primarily used to stream video within the home. That adds up easier: you motivated throughout games and binge-worthy series to 312 hours a year or 18 working the day in prime time. Now is the time days of lost time due to internet 4 Tips to Make Working 4. Communicate with when download and upload quality. That is way too much Co-workers via video chat: Stay speeds start to make sense and it time to spend frustrated. from Home Less engaged with your colleagues turns out, really matter. Fiber internet, on the other Stressful with face-to-face video A recent study conducted by hand, is a dedicated Internet 1. Pick a Dedicated Workspace: meetings using an app like RVA, LLC found that homes connection directly and Find an isolated spot in your Slack, Zoom or Ring Central are having to juggle who can exclusively to your home. home and create your own be on what device, using what Greenlight Networks is a fi ber- desk, look for a room with And bookmark these handy applications and when and this to-the-home internet company, bright natural lighting. Greenlight websites. www.greenlightnetworks.com 1255 University Ave., Suite 204 | Rochester, NY 14607 | (585) 351-6600

www.facebook.com/GreenlightNetworks/ twitter.com/GreenlightFiber

www.instagram.com/greenlightnetworks/ www.linkedin.com/company/greenlight-networks/

SPONSORED CONTENT To recognize excellence, promote innovation, and honor the organizations and individuals who lead the manufacturing industry in our area, the Rochester Business Journal has partnered with the Rochester Technology and Manufacturing Association to create the Technology and Manufacturing Awards. Honorees selected in ten categories will be profiled in a magazine published in the fall and recognized at a ceremony on October 13, 2020. NOMINATE TODAY! Nomination deadline: August 7, 2020 For category descriptions and to nominate, visit rbj.net/events/technology-and-manufacturing SAVE THE DATE: October 13, 2020

NOMINATION CATEGORIES: •Manufacturing Innovation, large companies •Apprentice •Manufacturing Innovation, small companies •Executive of the Year •Powerful Partnerships •Rising Star •Workforce Development, Manufacturing •Global Advancement Enterprise Division •Growth in Manufacturing •Workforce Development, Training and Support * The Chairperson’s Award will be selected by the RTMA Chairman and Executive Director. Supporting information is recommended, but not required. Any supporting documentation can be emailed to [email protected]

Presenting Sponsors: For event information, contact [email protected]. For sponsorship information, contact your account manager or [email protected] 14 rbj.net BOUNCE BACK NAVIGATING THE POST-PANDEMIC ECONOMY July 17, 2020

CONTRACT ISSUES How COVID-19 has transformed legal contracts

he COVID-19 pandemic can also include labor strife, contractual performance is a defi ned in the contract as “any has altered our supply-chain problems, changes high bar to clear, and in the case event, occurrence or development Tassumptions about how in laws or regulations, or other of a force majeure clause will be of a state of circumstances the world works. In particular, third-party issues. contingent upon the relevant or facts which has or could for organizations and their The idea behind force majeure contractual language. reasonably be expected to have attorneys, it has introduced new and the common law doctrine of Consideration must also be a material adverse eff ect” on uncertainties into interpreting impossibility is that a contractual given to how the force majeure the condition of the business or and enforcing existing contracts party may be excused legally from clause will be triggered and asset at issue. Alternatively, the and negotiating new contracts. its obligations under a contract operative, including whether the defi nition may be so broad that Your organization, like many if an identifi ed extraordinary impacted party has to provide a review of the contract does others, may be confronting such event makes those obligations notice of the force majeure not clearly indicate whether the impossible. Historically, force event, whether the event has to clause applies. Courts historically majeure provisions have been be unforeseeable, whether the have required a party seeking overlooked from a drafting parties have an obligation to to invoke a MAE clause to walk perspective and, when included in mitigate the risk, and whether away from a deal to prove that the a contract, are rarely scrutinized the occurrence of a force event was unforeseeable at the or negotiated. majeure event delays or excuses time the contract was signed, and However, the various performance or gives rights to that it will have a signifi cant long- challenges stemming from the other party to terminate the term impact on the target. David Clar Kelly Foss COVID-19 have aff ected parties’ contract. Expect force majeure to Although MAE clauses are Partner Partner abilities to perform their remain a prominent legal issue. rarely invoked, we anticipate an Harris Beach Harris Beach commercial obligations. Whether uptick in litigation over MAE PLLC PLLC the current pandemic and Material Adverse Effect clauses in the wake of COVID-19. uncertainties. associated governmental orders A related issue we expect Critically, a proper invocation of As a busy executive, here’s a prevent a party from performing, to see play out in the coming a MAE clause could result in the primer on two clauses you might and whether any applicable months is whether COVID-19 tanking of entire transactions be hearing about in connection contract provision otherwise can be considered a “material which were otherwise set to close. with COVID-19: excuses performance, will depend adverse eff ect” or a “material Further, if provided for in the on the language of the contract adverse change” in connection contract, an MAE clause could Force Majeure and how courts interpret and with mergers, acquisitions, and potentially even be invoked, on Contracts exist to establish enforce contract provisions or the other transactions. the same grounds, to rescind a the rights and obligations of common law in the context of Most of the time, we see deal that has already closed. parties to a transaction and specifi c scenarios. material adverse eff ect clauses Organizations will need to allocate risk. However, despite Force majeure clauses are invoked in connection with watch how the courts interpret good faith eff orts, the contracting likely to garner greater attention a termination provision of a COVID-19 in the context of parties cannot anticipate every in the drafting of new contracts. contract. In that situation, a material adverse eff ect as well as circumstance. That’s why many Expect clauses to be very specifi c prospective buyer walks away force majeure. These decisions contracts include “force majeure” – listing not only pandemics, from a deal that has already been will shape how such clauses are and/or “material adverse eff ect” epidemics and viral outbreaks signed before closing by claiming drafted in the future. clauses. In contract law, force as unforeseen events, but also that a material adverse eff ect majeure is often associated with states of emergency, shutdowns, has occurred. MAE can also be David Clar, leader of the “acts of God” – extraordinary decrees, mandates, orders or included in other contractual Corporate Practice Group, events beyond the parties’ other governmental actions. agreements, such as warranties and Kelly Foss, member of reasonable control such as fl oods, Successfully invoking or covenants. the Business and Commercial fi res, hurricanes, war, or acts of force majeure or the doctrine The defi nition of MAE is Litigation Team, are partners at terrorism. Unforeseeable events of impossibility to excuse often circular. An MAE might be Harris Beach PLLC. www.harrisbeach.com 99 Garnsey Road | Pittsford, NY 14534 | (585) 419-8800

harrisbeach @HarrisBeach harris-beach-pllc

SPONSORED CONTENT July 17, 2020 BOUNCE BACK NAVIGATING THE POST-PANDEMIC ECONOMY rbj.net 15

DON’T BE FOOLED Opening the doors again: Don’t forget about protecting your data o state the obvious, it has targeted training, to remain been a long and trying vigilant and watch carefully Tpast several months for for cyber-attacks. organizations of all types and 2. Attack surfaces have grown. sizes. As things slowly return Out of necessity, businesses to some semblance of normal, doors that were locked by quickly adapted to pandemic COVID-19 life by transitioning to virtual are now service off erings and remote being swung work, which greatly expanded open in the scope and complexity anticipation of network environments of the return everywhere. However, a of employees, customers bigger, more distributed Daniel J. and clients network means more risk. As Altieri alike. employees return to the o ce, Senior Associate Although it businesses should consider Harter Secrest & may not seem how to close the potential Emery LLP be expected. Keeping up very people upon which an like it, now is holes that were created by with ever-changing laws and enterprise depends. the perfect time for businesses greater access rights, including to assess their privacy and data regulations in the privacy remote access rights, that may Finding the right data security risk. Here are just a few and data security space is protection approach begins with good reasons why: no longer be needed. Access challenging enough. But it’s assessing these and other related 1. Attackers are everywhere, and privileges, remote work and sometimes even tougher to risks. In the risk assessment they’re active! Cyber criminals acceptable use policies should keep up with the court of process, organizations are able continue to mercilessly exploit be continually reviewed public opinion. Customers to address two fundamental vulnerabilities. Businesses and revised, to the extent and employees are becoming questions: what is actually being that were successful in the necessary, including to refl ect more and more sensitive about done in relation to data stored remote work environment any material changes in the data protection and the use and processed, and is more may now be more complacent work environment. of their personal data. Recent required? As businesses recover and less alert to developing 3. The good guys are active as from this once-in-a-lifetime threats, such as multi-factor well. Data protection concerns moves by Google and Apple to public health event, those two authentication evasion, a spike have not gone away. New voluntarily restrict data use, questions have become more in ransomware incidents, and laws are coming and old ones even though not required to important to an organization’s phishing attacks specifi cally change. With regulators more do so by law, help show how survival than ever. targeting employees returning attuned to potential privacy public expectations have gotten to work, including attacks and security lapses, this is not out ahead of the law. Especially Daniel J. Altieri is a senior in this time of increased digital involving bogus health the time to put compliance associate in the Privacy & Data surveys. It is crucial to remind eff orts on the back burner. interactions, an overly light Security practice at Harter employees, hopefully through 4. Even actions that are not touch on data protection Secrest & Emery LLP. He can be the use of strategic and required may nonetheless can create problems with the reached at [email protected]. www.hselaw.com 1600 Bausch and Lomb Place | Rochester, NY 14604 | (585) 232-6500

HarterSecrestEmery @HSELawLLP harter-secrest-&-emery-llp

SPONSORED CONTENT 16 rbj.net BOUNCE BACK NAVIGATING THE POST-PANDEMIC ECONOMY July 17, 2020

FINANCIAL ASSISTANCE COVID-19’s continued impact on loan markets and the status of federal aid programs

he economic the Treasury over 4 million repercussions of the businesses have accessed over TCOVID-19 pandemic $520 billion in emergency loans. persist, leaving commercial Congress recently extended loan borrowers and lenders the application deadline and alike navigating uncertainty over $100 billion remains and challenges of an economic downturn. available to small businesses The below and eligible non-profi ts. As discussion borrowers start to submit loan highlights forgiveness applications, open speciic issues questions remain over borrower in inancing certifi cations, use of proceeds relationships and reductions in forgivable that Emily Cohen amounts based on headcount lenders and in the fi nancial markets. The or salary reductions. Borrowers Senior Associate borrowers customer contracts that may be Harter Secrest & ongoing negative impacts of negatively aff ected by COVID- should continue to work with Emery LLP must consider in light of the COVID-19 pandemic will 19, including force majeure and their legal and fi nancial advisors the ongoing pandemic as well result in the continued di culty termination provisions, as well and stay up to date on continued as updates the status of the of borrowers to comply with as borrowers’ existing insurance guidance regarding the program. popular Paycheck Protection fi nancial covenants and possibly policies covering business While the PPP loan program Loan Program. The below is the ability to meet debt service suspensions. Lenders should and negotiated forbearance not exhaustive but is meant requirements. also be careful before waiving arrangements begin to expire, to highlight the need for extra any defaults under existing loan it remains true that many consideration on the part of Many borrowers will be documents in order to keep their small businesses will continue both lenders and borrowers in unable to regain their fi nancial navigating these uncertain times. wellness and resume paying options open and ensure they to struggle in the weeks and their loans by the end of any retain future rights. months to come as the COVID- Ongoing Forbearance existing forbearance plan. 19 pandemic and related Status of the Paycheck Concerns: They will need some sort of economic uncertainly continue on. It appears there is consensus As regulators continue to repayment plan, modifi cation or Protection Loan from the government that more encourage fi nancial institutions liquidation. Borrowers should Program and Other must be done to aid businesses, to work with their borrowers get ahead of the risks and work Sources of Federal Aid: but it remains to be seen what who may be impacted by the with their lenders now to work PPP loans have helped form such aid will take. eff ects of COVID-19, lenders on refi nancing or access to millions of businesses sustain must be prepared to quickly interim fi nancing alternatives operations and retain employees Emily Cohen is a senior assess funding requests and to address short term liquidity since its launch in April, but associate in the Corporate evaluate the quickly evolving needs. Lenders may want to the program has not been free practice at Harter Secrest & credit risk caused by the perform increased diligence on from controversy. According Emery LLP. She can be reached unprecedented uncertainty borrowers’ material supply or to the June 27th report of at [email protected]. www.hselaw.com 1600 Bausch and Lomb Place | Rochester, NY 14604 | (585) 232-6500

HarterSecrestEmery @HSELawLLP harter-secrest-&-emery-llp

SPONSORED CONTENT July 17, 2020 BOUNCE BACK NAVIGATING THE POST-PANDEMIC ECONOMY rbj.net 17

MANUFACTURING How can manufacturing plants open safely?

he coronavirus pandemic our o ce and management appropriate, and (COVID-19) continues personnel to a work from consistently provide Tto impact our way of home setting, established information and tips life in unprecedented ways, travel restrictions, and began on how to maintain interrupting all business in using teleconferencing or health and safety some fashion, and resulting web conferencing instead of during this time; in thousands of our neighbors in-person meetings; • We constantly being out of work. • We established a rotational reinforce proper Jamestown sta ng schedule in each hand washing and Container location to minimize the maintaining proper designs and number of employees onsite at distance in our manufactures any time; plants, and designed custom • We established reliable sources corrugated “social and invested in the required distance markers” corrugated PPE – face masks, face shields, to act as barriers and foam bandanas, sanitizer, gloves – between employees Larry Hudson to be) diff erent, and no one can packaging; we for all employees; when the above is not VP of Sales & predict what the future holds. As also distribute • We eliminated food sharing, possible; Marketing shipping business owners and managers, Jamestown and instituted a regular, • We instituted a no visitor Container Corp. supplies documented cleaning schedule policy, and a limited or we can only promise to monitor and provide for each location and across no contact policy for our the developments associated inventory management and all shifts, to ensure we wiped shipping, receiving and with this crisis and continue to fulfi llment services to customers down shared surfaces on a delivery personnel; make the best possible decisions primarily located across NY, consistent basis. In addition • We established a series of for our Company, our Employees to our usual disinfecting OH and PA. We also off er ISTA internal communications and our Customers. and cleaning supplies, we and “talking points” – and Amazon testing service & We will bounce back. introduced stylus pens for from ownership, senior support. Thankfully, manufacturing is shared computers and iPads to management, human Fortunately, we are an reduce or eliminate contact on resources, department critical to our economy and to essential supplier, and we’ve shared surfaces; managers and supervisors our livelihood. Simply put, our remained open for business • We established a social – focused on accurate, customers need our products, throughout. Like all businesses, distance, masking, and several consistent updates regarding and we should all be proud of our priorities are to keep our health & wellness protocols employee health, safety, the work we do to help provide Employees and their families focused on the daily health of benefi ts, expectations, as well necessary goods and services to our employees. For example, healthy and safe, while as our community support the communities where we live we invested in contactless eff orts, to eliminate fear, continuing to meet the needs of and work. tablet thermometer kiosks at address rumors, and keep our Customers. If we can help with your all locations to help identify morale high with our 500+ Since March, following employees who may not be employees. re-opening, please don’t hesitate the federal, state and local feeling well enough to be at to contact us. Thanks and best recommendations, we’ve taken work; Human nature is to control of luck! the following actions at each of • We use electronic what we can and minimize the our six locations: communications to share unexpected. It’s not easy to get By Larry Hudson (VP of Sales & • We transitioned many of documents wherever back to work, it is (or is going Marketing).

www.jamestowncontainer.com/ 82 Edwards Deming Drive | Rochester, NY 14606 | (585) 254-9190

JamestownContainer jamestowncontnr jamestown-container-companies

SPONSORED CONTENT 18 rbj.net BOUNCE BACK NAVIGATING THE POST-PANDEMIC ECONOMY July 17, 2020

WEALTH MANAGEMENT Finding confidence in uncertainty

veryone has had a crazy unthinkable months before, as dynamic asset allocation, pandemic. It waived all RMDs start to their year – travel but preparing clients for these thematic strategies that target from retirement accounts in Eand tourism, the health unknown unknowns is exactly diff erent sectors or markets, 2020, doubled the allowed loan care industry, restaurants and what our industry is all about. and bottom-up single-security amount from qualifi ed accounts, bars, families, schools… the Far too many traders and market strategies are all approaches that expanded unemployment list goes on and on. COVID-19 speculators forgot the lessons of may help you stay afl oat during benefi ts, allocated relief to small has created a lot of uncertainty the past, that the good times don’t uncertain times. businesses, made new provisions in 2020, impacting almost all go on forever, and were caught off Bringing together and for charitable giving, and more. aspects of guard. And for others, it was year determining the right mix It’s easy to fall back into a “set our lives, after year of ever higher stock of investment tools for your it and forget it” mentality once including markets that had many, investors objectives is the value of a holistic the market begins to climb back. inancials and advisors alike, taking a ‘set it wealth management solution. Avoid the trap and maintain services. Along and forget it’ approach. Proper fi nancial planning allows an active approach with your with its social As the U.S. economy attempts investors to understand exactly fi nancial plan. Markets move and economic to reopen, the market has why their portfolio is structure rapidly and strategic planning Margaret challenges, begun refl ecting those hopes, the way it is, helping them better opportunities change. It’s okay the pandemic rebounding in a very signifi cant ride the waves of inevitable to seek assistance if all of these Jeffries challenged way. While we hope that the market volatility. considerations are too much, and CFP® Wealth inancial worst is over, it doesn’t mean A holistic solution also enables we encourage you to do so. Management markets as there isn’t uncertainty ahead. In investors to take a proactive There are countless examples Consultant Manning & well, bringing the next six months alone, there’s approach to their fi nancial of why help and a hands-on Napier an end to the the possibility for a new president, plan, something that has been approach can save the day. If longest bull a second wave of the pandemic, particularly valuable this year. you’re going to leave substantial market in history. It’s been a year additional massive stimulus In December 2019, the SECURE IRA assets to your kids, are you illed with highs and lows, and measures, a potential trade war, Act introduced the largest reform aware that the elimination of the that’s just in the irst six months. and that is just to name a few. in over ten years to retirement ‘stretch IRA’ could cause your Watching stocks swing wildly We expect the economy will accounts, impacting both the children to end up with large day-to-day can be exhausting, continue recovering from here, original owners as well as their IRA distributions over a shorter and this year’s historic volatility but it is di cult to know how benefi ciaries. Specifi cally, it time frame, long before they may has left many investors anxious long it will take. We suspect that changed the starting age for be ready to handle the fi nancial about their fi nances. You may the road to normalcy will be required minimum distributions responsibility? be wondering, “How much did I longer than many are assuming (RMDs) from 70 ½ to 72 and The stakes are too high to risk lose?” Or even more importantly today. Best case, economic expanded the options for 529 making mistakes. “Am I still on track?” growth resumes its slow growth plans. It also repealed the At Manning & Napier, we Financial markets move based pace, and market returns would age limit for traditional IRA believe the key is teamwork. We on investor sentiment, and the be likely to follow suit. Worst case, contributions, eliminated the have teams of experts focused daily swings we saw (and continue uncertainties facing investors ‘stretch IRA’ provision for most on investment decisions, and we to see) are rooted in uncertainties. today continue materializing, and benefi ciaries, and created other have teams of fi nancial planners Uncertainties about what the markets remain choppy. new considerations. focused on optimal planning future holds for the virus, the This makes it di cult for The CARES Act threw strategies for each client’s unique economy, and more. When the investors to act with confi dence. another wrench in a number of needs and situation. It’s okay to virus began to drive serious, In this kind of environment, we fi nancial plans for the year. It ask for help, and when you do, drastic stay-at-home orders, social recommend investors consider was passed with little notice as a work with someone who can distancing measures, and mass using a broader range of tools response to the tremendous need surround you with the right quarantines, markets sold off . in their wealth plan than they individuals, families, and small expertise to properly manage all All of this turmoil was might have before. Tools such businesses were facing during the aspects of your wealth plan. www.manning-napier.com 290 Woodcli Drive | Fairport, NY 14450 | (800) 551-0224

Manning-Napier-Advisors @ManningNapier manningnapier

SPONSORED CONTENT The Forty Under 40 awards recognizes Rochester’s leaders who are 40 years old or younger based on their professional accomplishments, community service and a commitment to inspiring change. They are selected by an outside panel of judges, including previous winners and business leaders.

Nominate Online at rbj.net/events/fortyunder40 The fee for this nomination is $20, payable by credit card. SAVE THE DATE:

Nomination deadline: Awards Luncheon November 12, 2020 July 24, 2020 12-1:30 p.m. Application deadline Rochester Riverside August 7, 2020 Convention Center *Applications are to be completed by the nominee after the nomination is submitted and are required for consideration.

Presenting Sponsor: 20 rbj.net BOUNCE BACK NAVIGATING THE POST-PANDEMIC ECONOMY July 17, 2020

SAFETY Looking at elders’ housing in a new way

he small house model there could be two residents of senior living can help per room and elders may Tprevent the spread of travel a corridor to bathe. The infectious disease Green House Model® may be The considered the gold standard COVID-19 of the movement, promoting outbreak change to deinstitutionalize has been all facets of traditional care, devastating including environment, to the elderly organizational culture and population, Rob sta ng. specifi cally Simonetti The small cohort of residents elders living Senior Associate in the home encourages a sense in traditional SWBR Architects of community for the elders spread easily and quickly without we are currently experiencing skilled and promotes pride of home, the signifi cant precautionary are more manageable as elders nursing autonomy and identity, which measures being employed to have access to outdoor spaces environments. The emerging signifi cantly benefi t well- battle the current pandemic. such as porches and courtyards small house model for skilled being. Unlike the traditional The small house model of where loved ones may visit nursing care, where a smaller model with rotating shifts for separate homes with fewer while maintaining safe social number of residents live in a the staff , small homes usually residents acts as a built-in distancing. home, can deter the spread of have a dedicated staff . This measure of social distancing. infectious disease in the most model is meaningful to both Autonomous small homes What’s Next? vulnerable population. the elders and staff creating a are more like a low-density Small house design is Small House Design sense of security, deep knowing suburban community than the about creating real homes for Many nursing home providers of individuals, and community. larger traditional institution, elders. Together we can create are breaking down large Staff ers fi nd the model rewarding which may parallel a denser meaningful environments for buildings comprising units of as they can form meaningful urban setting. Within the home, seniors that not only help them approximately 40 residents each connections with elders and all residents having private stay connected and thrive but and creating small houses of provide more direct care. bedrooms and bathrooms protect their physical well-being. 12-20 residents per “household”. decreases the chance of disease The small house model may well Small house design breaks that COVID-19 spreading, and each room can prove to be a vital component of model down even further, from The current COVID pandemic serve as an infection control senior care as we look past the a large building with many is making many experts realize room. current pandemic and consider “households” to new, smaller the value of this model, which The single-story construction how best to protect health while individual homes of just 10-12 has the potential to mitigate the of most small homes allows creating loving and meaningful elders being off ered skilled care. risk of infectious disease spread. elders signifi cant access to the environments. To learn more Each home provides elders the In the traditional nursing home outdoors, which has numerous about this model of care and how dignity of their own bedroom of 100 or greater residents and health benefi ts including a our community is embracing it, and bathroom, instead of the rotating staff , an infectious strengthened immune response please contact Rob Simonetti, traditional environment where disease like COVID-19 may system. Visits during a crisis like AIA at [email protected]. www.swbr.com 387 East Main St. | Rochester, NY 14604 | (585) 232-8300

SWBRdesign swbrdesign @swbrarchitects swbr-architects

SPONSORED CONTENT July 17, 2020 BOUNCE BACK NAVIGATING THE POST-PANDEMIC ECONOMY rbj.net 21

NONPROFITS How crisis brings out our strengths

ochester is known for our challenges before us – together resilience, innovation, we solved issues in real time. Ringenuity and, most When NYS went on “pause” importantly, generosity. These in March, we knew many traits are on full display as we community members would collectively struggle to access food and face multiple major prescriptions. Foodlink provided challenges. food; 211/LIFE LINE managed COVID-19 has requests; Goodwill stored completely supplies; and Action for a Better redeined Community, Lifespan, Ibero Jaime our way of American-Action League, and life, and will RTS redeployed staff and used Saunders continue temporarily sidelined buses to President & CEO to affect us make deliveries. This is just one United Way for many of Greater example of hundreds of new essential workers, or completely community in big ways. Rochester months and years ahead. partnerships that resulted in changing our business models. We need to use the same Simultaneously, the immediate solutions when we Black Button Distilling innovative and community- ramiications of a long history focused on a collective goal. exemplifi ed this by quickly minded spirit we’ve shown of racial inequalities have been Repeatedly, people raise shifting operations to produce in response to COVID-19 to brought to the forefront by their hands to be part of a hand sanitizer to address a address the long-term crisis of national tragedies and continued solution. More than 4,000 region-wide demand. They health inequalities highlighted structural racism. Racism has people have volunteered to by COVID-19. donated more than 100,000 no place in Greater Rochester. help nonprofi ts through United Crises reveal a lot about a bottles to United Way to We have proven that we can Way’s Volunteer United portal. person and a community. Over distribute to nonprofi ts so quickly and completely change Hundreds of people donated the last 120+ days, we have agencies could keep their policies and practices in weeks 15,000 homemade masks to demonstrated what is possible doors open and provide critical when faced with a pandemic. keep nonprofi t staff and clients when we work together. services. We must challenge ourselves to safe. Employees are resounding United Way had to innovate use this opportunity to recreate Power of Partnership in their feedback: they want to too – transforming our 102-year- our community with a focus on work for a company that makes Immediately upon the fi rst old annual campaign to 100% equity. Only then will our region positive change. diagnosis of COVID-19 in virtual for area partners. Despite truly be able to thrive. economic uncertainty and The lessons from these crises Rochester, the County, City, Innovation Builds Congressman Morelle, Rochester companies working remotely, have proven that, when times Chamber, health systems, United Community hundreds of organizations demand it, we can rally to meet Way, businesses, and nonprofi ts We all found ways to do still hosted their annual any challenge. We have a long came together through daily everyday work diff erently – United Way campaign. In fact, road ahead, but by staying calls with a focus on coordinated enabling staff to work from many experienced increased focused and working together, solutions. No single organization home, adjusting facilities while participation from employees we will build a stronger, greater was left responsible to solve the maintaining safe shifts of who were inspired to help our Rochester for all. uwrochester.org 75 College Avenue | Rochester, NY 14607 | (585) 242-6400

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SPONSORED CONTENT 22 rbj.net BOUNCE BACK NAVIGATING THE POST-PANDEMIC ECONOMY July 17, 2020

LEGAL SERVICES Uncertain times: Protecting your business through contracts in the wake of COVID-19 OVID-19 has disrupted written to cover the pandemic, business operations in or the remedy provided was not CNew York and throughout the desired outcome. the world. Even as New York Contract law principles, re-opens, businesses must deal which may excuse a party with uncertainty: Could there be a surge in cases, a second from performance if such wave, or a different strain? performance was rendered The global impossible or impractical due pandemic, to an unforeseeable event, once an generally don’t apply in New unforeseeable York when the performance of event, is now the obligation simply becomes our collective more expensive or inconvenient. reality and a In addition, they may not excuse risk that you Katarina B. performance for new contracts Polozie must assess and address in because COVID-19 is now Partner your business foreseeable. Woods Oviatt Once you have assessed risk to the other, but there pandemic, you would not want Gilman LLP transactions. Over the your business’s risks due to are opportunities for win- the pandemic to be a “force last 120 days of the pandemic, COVID-19, we can help craft win solutions as the relative majeure event”, but rather would clients have asked us to assess a contract to address and weighting of relevant factors will likely want representations what happens if they cannot allocate transactional risks, be diff erent for each. There is regarding the availability of comply with their contractual including COVID-19, acceptably no “one size fi ts all” and using supplies, covenants on delivery requirements, or if their vendors between the parties. This does “a standard form” from the timing, no limitations on default in their obligations. We not just begin and end with internet, or another party, is not remedies, and a holdback of looked at their contracts and a carefully constructed force advisable. payment until after delivery. the underlying law to determine majeure clause. The contractual For example, if you are The expense and time put into whether performance could provisions used to allocate risk concerned about your ability to a carefully written contract be excused due to COVID-19. also include: payment terms, timely ship goods due to COVID- can far outweigh the expense Certain contractual provisions representations and warranties, 19, you will probably want a force of a contract that does not (force majeure clauses) are covenants, indemnifi cation majeure clause that specifi cally adequately address or properly designed to provide relief for clauses, limitations of liability, references the pandemic and allocate the risks of COVID-19 to contracting parties with respect termination provisions, and allows the extension of the your business. to extreme events beyond the remedies, to name a few, and performance period without Katarina B. Polozie, Esq. is fault or control of the parties. their application depends on penalty. You may want a Partner in Woods Oviatt We found that too often these the specifi c circumstances, disclaimers and limitations on Gilman LLP’s Business and provisions did not provide the the parties involved, and their liability. Conversely, if you are Tax Department. She can be desired relief because either the leverage. Reducing the risk buying goods from a supplier reached at (585) 987-2910 or provisions were too narrowly to one party increases the specifi cally for use during the [email protected] www.woodsoviattgilman.com 1900 Bausch & Lomb Place | Rochester, NY 14604 | (585) 987-2800

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