July 23, 2020 Regular Session 8:30 A.M

Jacqueline M. Izzo Gerard F. Feeney Mayor Corporation Counsel

R0ME Stephanie Viscelli Butch Conover

Common Council Commissioner of IMCOflPRAI~

President Public Works BOARD OF ESTIMATE AND CONTRACT

CITY HALL • ROME, NEW YORK 13440-5815 David C. Nolan Jean I. Grande

City Treasurer City Clerk

AS OPERATING IN ACCORDANCE WITH THE GOVERNOR'S EXECUTIVE ORDER 202.1, AND DUE TO THE CLOSURE OF ROME CITY HALL TO THE PUBLIC, THE BOARD OF ESTIMATE AND CONTRACT MEETING WILL BE CONDUCTED REMOTELY VIA WEBEX AUDIO STREAM VIA TELEPHONE CALL-IN NUMBER 1-408-418-9388, ACCESS CODE 129 551 3359#. ALL MEMBERS OF THE PUBLIC THAT WISH TO COMMENT ON A PARTICULAR AGENDA ITEM SHOULD DO SO IN WRITING TO [email protected] NO LATER THAN 24 HOURS PRIOR TO THE MEETING. ALL COMMENTS RECEIVED WILL BE READ INTO THE PUBLIC RECORD DURING THE PUBLIC COMMENT PORTION OF THE MEETING.

BOARD OF ESTIMATE AND CONTRACT MEETING JULY 23, 2020 REGULAR SESSION 8:30 A.M.

1. CALL THE ROLL OF MEMBERS BY THE CLERK

2. READING OF MINUTES OF PRECEDING SESSION (Motion in order that the reading of the minutes of the preceding session be dispensed with and that they be approved.)

3. COMMUNICATIONS

4. PUBLIC SPEAKERS  Are there any written public comments?

5. REPORT OF DEPARTMENT HEADS

6. RESOLUTIONS

RES. NO. 108 AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BIDS FOR THE ROOF REPLACEMENT AT THE WATER POLLUTION CONTROL FACILITY & FT. BULL PUMP STATION (RFB-2020-013). Conover

RES. NO. 109 AUTHORIZING 2020 BUDGETARY TRANSFER. Beach

RES. NO. 110 AUTHORIZING THE MAYOR OF THE CITY OF ROME TO ENTER INTO AN AGREEMENT WITH MJ DAKOTA, INC. ($357,647.00). Conover

RES. NO. 111 AUTHORIZING THE MAYOR OF THE CITY OF ROME TO ENTER INTO AN AGREEMENT WITH DODSON ENGINEERING & ASSOCIATE CONSULTING ENGINEERS, PLLC. ($115,000.00). Conover

RES. NO. 112 AUTHORIZING THE MAYOR OF THE CITY OF ROME TO ENTER INTO AN AGREEMENT WITH PARADIGM ENVIRONMENTAL LLC ($30,000.00). Andrews

RES. NO. 113 AUTHORIZING THE MAYOR OF THE CITY OF ROME TO ENTER INTO AN AGREEMENT WITH HSE CONSULTING SERVICES, LLC ($20,000.00). Andrews

RES. NO. 114 AUTHORIZING THE MAYOR OF THE CITY OF ROME TO ENTER INTO AN AGREEMENT WITH M.A. POLCE CONSULTING ($7,726.20). Andrews

RES. NO. 115 AUTHORIZING THE MAYOR TO ENTER INTO AN INTERMUNICIPAL AGREEMENT WITH NEW YORK STATE OFFICE OF GENERAL SERVICES RELATIVE TO THE PURCHASE OF ELECTRIC POWER. Nolan

7. TABLED RESOLUTIONS

8. ADJOURNMENT BOARD OF ESTIMATE AND CONTRACT JULY 23, 2020

RESOLUTION NO. 108

AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BIDS FOR THE ROOF REPLACEMENT AT THE WATER POLLUTION CONTROL FACILITY & FT. BULL PUMP STATION (RFB-2020-013).

By ______:

BE IT RESOLVED, by the Board of Estimate and Contract of the City of Rome, New York, that the City Clerk is hereby authorized and directed to advertise for bids for the roof replacement at the Water Pollution Control Facility & Ft. Bull Pump Station (RFB-2020-013); and

BE IT FURTHER RESOLVED, that such bids shall be returned to the Office of the City Clerk, 1st floor, Rome City Hall, no later than 3:00 p.m. on August 13, 2020, said bids to be opened in the Common Council Chambers, 2nd floor, Rome City Hall, at 11:30 a.m. on the same date and shall be opened by the City of Rome Purchasing Agent, and

BE IT FURTHER RESOLVED, that the City of Rome reserves the right to reject any and all bids deemed not to be in the best interests of the City of Rome.

Seconded by ______.

AYES & NAYS: Mayor Izzo ____ Viscelli ____ Feeney ____ Conover ____ Nolan ____

ADOPTED____ DEFEATED____

BOARD OF ESTIMATE AND CONTRACT JULY 23, 2020

RESOLUTION NO. 109

AUTHORIZING 2020 BUDGETARY TRANSFER.

By ______:

BE IT RESOLVED, that pursuant to Rome Charter Laws, Title A, Article VII, Section 91, the City Treasurer of the City of Rome is hereby authorized and directed to make the following 2020 budgetary transfer:

REASONS: emergency lighting and installation for new police vehicle.

FROM CODE NO. AMOUNT AI3120.456 Police: Lease Account $800.00

TO CODE NO. AMOUNT AI3120.412 Police: Service/Repair $800.00

Seconded by ______.

AYES & NAYS: Mayor Izzo ____ Viscelli ____ Feeney ____ Conover ____ Nolan ____

ADOPTED____ DEFEATED____ BOARD OF ESTIMATE AND CONTRACT JULY 23, 2020

RESOLUTION NO. 110

AUTHORIZING THE MAYOR OF THE CITY OF ROME TO ENTER INTO AN AGREEMENT WITH MJ DAKOTA, INC. ($357,647.00).

By ______:

WHEREAS, Butch Conover, Commissioner of the Department of Public Works for the City of Rome, New York, has recommended that the City of Rome, New York retain the services of MJ Dakota, Inc., for the Culverton Road Pedestrian Improvement Project, for a total amount not to exceed $357,647.00; now, therefore,

BE IT RESOLVED, by the Board of Estimate and Contract of the City of Rome, that the Mayor of the City of Rome is hereby authorized to enter into an agreement with MJ Dakota, Inc., for the Culverton Road Pedestrian Improvement Project, for a total amount not to exceed $357,647.00, pursuant to the attached bid documents which is made part of this Resolution.

Seconded by ______.

AYES & NAYS: Mayor Izzo ____ Viscelli ____ Feeney ____ Conover ____ Nolan ____

ADOPTED____ DEFEATED____

4873 NYS Route 5 Ver'10i1, NY 13476 Tel: 315 953 ~200 Fax: 315 953 4202 ENGINEERS,A.. ARCHITECTS, DELTA& LAND SURVEYORS www.delta-eas.com

July 13, 2020

Mr. Joseph G. Guiliano Engineer II City of Rome 198 N. Washington Street Rome, NY 13440

RE: 2020 Culverton Road Pedestrian Improvements Project Recommendation of Award Delta Project No.: 2019.411.001

Dear Mr. Guiliano:

We have evaluated the bids received on July 8, 2020 for the 2020 Culverton Road Pedestrian Improvements project which consists primarily trail, sidewalk and roadway improvements along with new landscaping and site amenities.

The low bid was submitted by MJ Dakota Inc. in the amount of $357,647.00. Our evaluation of the experience, reputation and financial condition of MJ Dakota Inc. indicates that they are capable of completing the work required. Therefore, we recommend the award of a contract for the Culverton Road improvements to MJ Dakota Inc. in the amount of $357,647.00.

Respectfully, DELTA ENGINEERS, ARCHITECTS, & LAND SURVEYORS, DPC

Daniel L. Faldzinski, PE Director of Civil Engineering Services

-- "We are a seamless extension of our clients' organizations" CUL VER TON ROAD PEDESTRIAN IMPROVEMENT PROJECT CITY OF ROME, ONEIDA COUNTY, NEW YORK

BD-4 BIDDER INFORMATION SHEET

NAME OF BIDDER*: (Yl] D0KOt(,J. 111 ( ADDRESS:

PHONE NUMBER: 3 l 5 - 71] - I I 3 (p EMAIL:

TYPE OF ENTITY: CORPORATION /4RTNERSHIP__ INDIVIDUAL

IF ANON-PUBLICLY OWNED CORPORATION

NAME OF CORPORATION: aJ 1: 1J a K ero I n c • LIST OF PRINCIPAL STOCKHOLDERS (HOLDING OVER 5% OF OUTSTANDING SHARES): / l-1-:J

LIST OF OFFICERS: Md(~ Oecu+r~ () o. K CJjC\ f) e ( v-:fft,\,, LIST OF DIRECTORS:

DATE OF ORGANIZATION:

IF A PARTNERSHIP: PARTNERS:

NAME OF PARTNERSHIP: DATE OF ORGANIZATION:

*IF THE BUSINESS IS CONDUCTED UNDER AN ASSUMED NAME, A COPY OF THE CERTIFICATE REQUIRED TO BE FILED UNDER THE NEW YORK STATE GENERAL BUSINESS LAW MUST BE A TT ACHED.

BD-4 PAGE 1 CULVER TON ROAD PEDESTRIAN IMPROVEMENT PROJECT CITY OF ROME, ONEIDA COUNTY, NEW YORK

BD-5

CERTIFIED COPY OF RESOLUTION OF BOARD OF DIRECTORS

;VJ] Ocu( ot tA In. c. (NAME OF CORPORATION)

"Resolved that I) C,1, KO TC\.. De ( v-f+ 0., (VI Ot VI 0- C{-~ r (Person Authorized to Sign) (I (Title) of nrn Do.. k'.'.. Q t----o..._ authorized to sign and submit Bid for this corporation (Name of Corporation) for the following project: Cu I Vft't(.i n 5·1rt.f·t: and t incl{1de in such bid the certificate as to non-collusion, and for any inaccuracies or misstatements in such certificate this corporate Bidder shall be liable under the penalties of perjury.

The foregoing is true and correct copy of resolution adopted by:

(NAME OF CORPORATION)

At meeting of its Board of Directors held on the_g_· __day or 'fJ l \. I

By : J)aK a L c1 De t v ,... t ' "

Title:

(SEAL)

This form must be completed if the Bidder is a Corporation.

BD-5 PAGE l CULVERTON ROAD PEDESTRIAN IMPROVEMENT PROJECT CITY OF ROME, ONEIDA COUNTY, NEW YORK

BD-6 NON-COLLUSIVE BIDDING AND DISBARMENT CERTIFICATIONS

I. 103-D. GEN. MU lC IPA L LAW & ECTTON 139-D OF STATE FINANCE LAW CERTIFICATION:

1. Every Bidder hereafter made to the state or any public department, agency, or official thereof, where competitive bidding is required by statue, rule, or regulation, for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the bidder and affirmed by such bidder as true under the penalties ofperjury .

Non-Collusive bidding certification

a. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his knowledge and belief:

(1) The prices in the bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or to any competitor;

(2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and

(3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit a bid for the purpose of restricting competition.

b.A bid shall not be considered for award nor shall any award be made where I, a, b, and c above have not been complied with; provided however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefore.

The fact that a bidder (I) has published price lists, rates or tariffs covering items being procured, (2) has informed prospective customers of proposed or pending publication of new or revised price lists for such items, or (3) has sold the same items to other customers at the same prices being bid does not constitute, without more, a disclosure within the meaning of subparagraph One (a) above.

2. Any bid hereafter made to the state or any public department agency, or official thereof by a corporate bidder for work or services performed or to be performed or goods sold or to besold, BD-6 Page 1

BD-1 BD-1

SIGNATURE: SIGNATURE:

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_ _ PAGES PAGES CUL YERTON ROAD PEDESTRIAN IMPROVEMENT PROJECT CITY OF ROME, ONEIDA COUNTY, NEW YORK

where competitive bidding is required by statue, rule, or regulation, and were such bid contains the certification referred to in subdivision one of this section, shall be deemed to have been authorized by the board of directors of the bidder and such authorization shall be deemed to have included the signing and submission of the bid and the inclusion therein of the certificates to non-collusion as the act and deed of the corporation.

IT. I 12(C! CE RTIFICATTON:

By submission of this bid, the bidder does hereby tender to the Owner this sworn statement pursuant to Section 112 (c) of Title 23 U.S.C. (Highways) and does hereby certify, in conformance with said section 112 (c) of Title 23 U.S .C. (Highways) that he said Contractor has not, ei ther directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the above contract.

Ill. TJTL E 49 U.. C. . PART 29 DISBARMENT/INELIGfBIUTY DI

The signator to the proposal, being duly swom, certifies that, EXCEPT AS NOTED BELOW, his/her company and any person associated therewith in the capacity of owner, partner, director. officer, or major stockholder (of five percent or more ownership):

a. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;

b.Has not been suspended, debarred, voluntary excluded, or determined ineligible by any Federal agency within the past three years;

c. Does not have a proposed debannent pending; and

ct.Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years.

Exceptions: The Contractor should list any relevant information, attaching additional sheets to the proposal if necessary. (Exceptions will not necessarily result in disapproval, but will be considered in determining responsibility. For any exception noted, the Contractor should indicate to whom it applies, the initiating agency, and the dates of actions. Providing fal se information may result in criminal prosecution or administrative sanctions.)

BD-6 Page 2 BOARD OF ESTIMATE AND CONTRACT JULY 23, 2020

RESOLUTION NO. 111

AUTHORIZING THE MAYOR OF THE CITY OF ROME TO ENTER INTO AN AGREEMENT WITH DODSON ENGINEERING & ASSOCIATE CONSULTING ENGINEERS, PLLC. ($115,000.00).

By ______:

WHEREAS, Butch Conover, Commissioner of the Department of Public Works for the City of Rome, New York, has recommended that the City of Rome, New York retain the services of Dodson Engineering & Associate Consulting Engineers, PLLC to develop a water rate study, for a total amount not to exceed $115,000.00; now, therefore,

BE IT RESOLVED, by the Board of Estimate and Contract of the City of Rome, that the Mayor of the City of Rome is hereby authorized to enter into an agreement with Dodson Engineering & Associate Consulting Engineers, PLLC to develop a water rate study, for a total amount not to exceed $115,000.00, pursuant to the attached Agreement which is made part of this Resolution.

Seconded by ______.

AYES & NAYS: Mayor Izzo ____ Viscelli ____ Feeney ____ Conover ____ Nolan ____

ADOPTED____ DEFEATED____

Exhibit A - Scope of Work, Fee and Schedule to Agreement City of Rome, Oneida County, New York for Water Rate Study

1. Project Understanding

The City of Rome requires an update to the January 2017 Water Rate Study completed by GHD. The January 2017 Water Rate Study relied on actual data from fiscal years 2011, 2012, 2013, final data from fiscal years 2014 and 2015 and projected data for fiscal years 2016 and 2017. The recommended water rates developed by GHD for the City were developed using the projected 2017 budget based on the City's payment schedule for the various loans and bonds for capital improvements. The report indicates that revenue generated by a rate increase would not only cover the appropriations ofthe City but the depreciation ofthe system to account for future needed improvements. The formation of these rates for the City was developed using the Utility Approach (A WW A Manual of Water Supply Practices-Ml Principles of Water Rates, Fee, and Charges). The Utility Approach incorporates full depreciation recovery in place of principal reduction. Interest payments are still used in the rate calculation. It was noted that the proposed rates would have the least impact on customers while still meeting the City's needs for additional revenue generation to cover the growing budget of appropriations. (See GHD Water Rate Study Report - January 2017 - Section 5. Proposed Rate, page 18).

There are many driving factors necessitating an update to the 2017 Water Rate Study including:

• Raising sufficient total revenue to ensure proper operation and maintenance (O&M), development and sustainability; and preservation of the fiscal integrity of the water system;

• Providing full disclosure to Towns (Lee, Floyd, Westmoreland, Whitestown) customers who contract with the City for their water supply and require periodic rate studies to justify water rates charged;

• Reviewing impacts to water rate by comparing a Utility - Basis Approach (Depreciation basis) versus a Cash-Needs Approach (Debt-Principal) to O&M and Capital Related Costs; and

• Developing a water rate model that is a "living" model updated on an annual basis by City personnel. This would allow the City to make projections that are intended to forecast, as nearly as practicable, the future levels of revenue and revenue requirements so that the City may make adequate, but not excessive adjustments in rate and other revenues in a timely manner. This may reduce the City's reliance on consultants and their associated cost to deliver a Water Rate Study every five (5) Y:\Marketing\Rome\Water Rate Study 2020\Proposal\City of Rome Water Rate Study 4-22-20.docx years. A model affords the City the opportunity to evaluate changed condition(s) scenarios to forecast water rate for a defined time period in the future. This model would be a very beneficial tool to determine the rate impact of planned improvements (Dams, Verona Water Supply, and Universal Water Metering).

2. Scope of Services

Based on review of the previous water rate studies and conversations with City personnel (Mayor, Treasurer, Engineering, Water Treatment, DPW), the following scope of services is proposed:

BASE SERVICES

2.1 Kick Off Meeting

A kick-off meeting will be conducted with stakeholders to review the project expectations and scope of services. Proposed Agenda: Introductions; Need for Rate Study Update; Data Required/Provider of Data; Scope of Services Review; Infrastructure Assessment; Workshop Meetings; Progress Meetings; Schedule and Deliverables. Minutes will be prepared by Engineer to document the meeting for the record.

2.2 Data Gathering/Review

City shall provide the following data for review: Previous Rate Studies; Current Rate Structure; Water Production for average day, maximum day and peak hour (last 5 years); Water Production Projections for average day, maximum day and peak hour (next 5 years); Consumption Records (last 5 years); Consumption Projections (next 5 years); Meter Billing Records (5 years); Water Budget (Actual Revenues/Expenditures - last 5 years/Current Year/Projection Next Year); Five Year Capital Improvement Plan; Depreciation Schedule (last 5 years); Town Water Contracts and other pertinent data. City shall provide data in electronic format (.pdf, .doc, .xis). Excel spreadsheets shall be provided by City for water budgets, water billings, water production, water consumption, and depreciation schedules for the last five years.

2.3 Analysis

2.3.1 Water Production

Water produced at the Water Treatment Plant and delivered to customers will be reviewed for the last five years and projections will be made for a future five year period. The average day, maximum day and peak hour production data will be reviewed for 2016-2020 (Current). The average day, maximum day, and peak hour water demand will be projected for the future five years (2021-2025) with input from Water Treatment and DPW/Engineering personnel.

Y:\Marketing\Rome\Water Rate Study 2020\Proposal\City of Rome Water Rate Study 4-22-20.docx

2 2.3.2 Metered Water Consumption

Metered water consumption data will be reviewed for the last five years and projections will be made for the next five years. This review will be relative - given that residential customers are non-metered and there is a high percentage of unaccounted for water in the system. A breakdown of the six largest metered water customers (Includes Towns in six largest) will be provided for the past five years. Projections of metered water consumption will be forecasted for the future five year period.

2.3.3 Revenue

Revenue requirements (appropriations) are generally categorized in the City's budget as follows: all special items (insurance, taxes on property), depreciation, water administration, water supply, transmission and distribution, fringe benefits, debt service and interfund transfers. Revenue requirements will be reviewed for the historical time period (2016 -2020) and projected for the future time period (2021-2025) using the Cash-Needs Approach. The percentage of each revenue source to the total revenue will be documented. Projections of revenue for the forecasted time period (2021-2025) will be developed with input from the following offices/departments: Mayor; Treasurer; Engineering; Water Treatment and Public Works.

The revenue requirements (appropriations) shall be divided into fixed and variable costs for the historical time period and for the future time period. A graph and spreadsheet will document the breakdown of fixed and variable costs.

The revenue requirements (appropriations) shall be divided between Supply/Treatment and Transmission/Distribution on a relative basis. The basis of division will be developed with input from the following offices/departments: Mayor; Treasurer; Engineering; Water Treatment and Public Works.

2.4 Infrastructure Assessment

Site visits will be conducted to observe the City water infrastructure including: Boyd Dam; Kessinger Diversion Dam; Tunnel/Transmission Main (Video Review); Filtration Plant; UV Facility; Transmission Mains; and Distribution System. The purpose of these site visits would be to better understand the condition of facilities and discuss planned future improvements required to sustain the City infrastructure for the future period (2021-2025).

Y:\Marketing\Rome\Water Rate Study 2020\Proposal\City of Rome Water Rate Study 4-22-20.docx 3 2.5 Workshop Meetings

Five workshop meetings are proposed during the course of the study with an Ad Hoc Committee (representatives from the following offices/departments: Mayor, Treasurer, Engineer, Water Treatment and Public Works).

The intent of the workshop meetings are to: review project status; discuss problems/obstacles/resolutions; develop a consensus regarding methodologies/data that will be incorporated in developing water rates (Water Production; Water Billing; Accounting- cash vs. accrual basis; Record Keeping; Revenue Requirements - Cash Needs Approach vs. Utility Basis Approach; Projecting Revenue - historical basis and "know and measurable" projections; New Customers; Non-Recurring Sales; Weather Normalization; Conservation; Price Elasticity; Cost Allocation - Base, Extra Capacity, Customer, Direct Fire Protection; and Proposed Rates.

2. 6 Rate Study Model

A rate study model will be developed in Excel (spreadsheet) that includes historical revenue requirements and water production data (2016-2020) and includes projections that forecast revenue requirements and water production for a future five year period (2021-2025). This model will allocate revenue requirements using Base Extra Capacity (Base; Extra Capacity (Maximum Day, Peak Hour); Customer Meters; Services; Direct Fire Protection). The model will distribute costs to Customer Class (City Inside (Residential, Commercial/Industrial, Fire Protection) and City Outside (Town Districts - Lee, Floyd, Westmoreland, Whitestown). Unit costs of service will be developed for: Base ($/1,000gallons); Extra Capacity ($/1,000 gallons); Peak Hour ($/1,000 gallons); and Customer Class (Equivalent Meters) for current City customers.

2. 7 Rate Study Report

A Rate Study Report will be prepared that documents the scope of services for the rate study. The Rate Study Report will include the following sections: Background/Existing Condition (Description of Water System; Water Production/Consumption; Customer Water Meters); Analysis of Revenue Requirements (Operation & Maintenance; Debt Service; Depreciation; Summary of Revenue Requirements); Evaluation of Rate Structures (Criteria for Evaluation, Types of Rate Structures, Cost Distribution Method); A1location of Cost; Proposed Rates (Residential, Commercial/Industrial, Towns); and Other Recommendations (BilJing, Record Keeping, Town Contracts, Annual Review, Metering). Five copies of the report will be provided as a deliverable.

Y:\Markeling\Rome\Water Rate Study 2020\Froposal\City of Rome Water Rate Study 4-22-20.docx

4 2.8 Training

A training guide will be developed and training will be provided to City personnel to keep the Water Rate Model current. The training guide document will be an executive summary with checklists. Key City personnel assigned to keep the model current will be identified with data required from the various offices/departments. Training should be completed annually to new City employees charged with updating the Water Rate model.

ADDITIONAL SERVICES

2.9 Town of Verona Impact

The impact of RomeNerona Water Agreement will be evaluated to determine the impact of increased revenue/appropriations to the unit cost for all customer classes. Debt service associated with capital improvements to provide a water supply to the Town of Verona will be reflected in the Town of Verona water rate.

2.10 Universal Water Metering

The City of Rome is required by a compliance consent (NYSDEC) to provide universal metering for all City water services by year 2023. The City currently meters commercial/industrial users. Residential is unmetered and accounts for about sixty-five percent of water production. A water rate analysis will be conducted to transition from the flat rate charge to a decreasing (or declining) block structure fo{Inside City Residential users. Base Extra Capacity will be utilized to develop the decreasing block rate. It is assumed residential customers would be billed quarterly. The bill for all customers for inside esidential would include both a water usage rate charge (based on metered usage during the billing cycle) and a base system fee (based on meter size). The impact of universal water metering for all residential water services on unit costs will be evaluated and a unit cost per 1,000 gallons (decreasing block rate) plus a meter charge will be recommended ~n lieu of the existing flat rate charge.

2.11 Report Amendment

An amendment to the Water Rate Study report will be prepared to include two new sections: Town of Verona Impact and Universal Water Metering. Five copies of the amended report would be provided as a deliverable.

Y:\Marketing\Rome\Water Rate Study 2020\Proposal\City of Rome Water Rate Study 4-22-20.docx

5 3. Time of Completion

Each task for the Water Rate Study shall be completed in sequential order per the estimated duration listed below. The project shall commence from the date (last signatory) on this executed Agreement. The duration of each task may be revised as necessary, in writing, to accommodate reasonable delays.

TIME OF COMPLETION

Task Duration (Calendar Days)

Base - Scope of Services

2.1 Kick of Meeting 14

2.2 Data 60 Gathering/Review

2.3 Analysis 60

2.4 Infrastructure 30 Assessment

2.5 Workshop Meetings Included

2.6 Rate Study Model 120

2.7 Rate Study Report 60

2.8 Training 30

Additional Scope of Services

2.9 Town of Verona 30 Impact

2.10 Universal Water 90 Metering

2.11 Report Amendment 30

4. Fee Schedule

Exhibits B and C present the Fee Schedule and 2020 Hourly Rate Schedule for the project.

Y:\Marketing\Rome\Water Rate Study 2020\Proposal\City of Rome Water Rate Study 4-22-20.docx

6 EXHIBITB FEE SCHEDULE

D & A shall perform the work detailed in Exhibit A for the fees listed below.

Total Cost Current Invoiced to Task Budget Invoice Date

Base Services

2.1 Kick off Meeting $5,000.00 Data 2.2 Gathering/Review $8,000.00

2.3 Analysis $12,000.00 Infrastructure 2.4 Assessment $5,000.00 Workshop 2.5 Meetings $7,500.00

2.6 Rate Model $22,500.00

2.7 Report $10,000.00

2.8 Training $5,000.00

Subtotal $75,000.00

Additional Services Town of 2.9 Verona Impact $7,500.00 Universal 2.10 Metering $25,000.00 Report 2.11 Amendment $7,500.00

Subtotal $40,000.00

Total $115,000.00

Y:\Marketing\Rome\Water Rate Study 2020\Proposal\City of Rome Water Rate Study 4-22-20.docx

7 EXIDBITC

DODSON & ASSOCIATE CONSULTING ENGINEERS, PLLC 2020 HOURLY RATE SCHEDULE

Labor Classification Hourly Rate

Principal $180.00

Project Manager $125.00

Project Engineer $95.00

Designer $75.00

Senior Project Representative $100.00

Project Representative $85.00

Administrative Assistant $75.00

NOTES

1. Titne Charging: The preceding rates represent all D & A's direct salary costs, overhead, and profit. These rates are subject to annual (November 1) adjustment for merit and petformance increases. Time charged for services petformed will be the actual number of hours worked. Travel time is considered as work done. The rates proposed above are in effect through December 31, 2020.

2. T ravel, Subsistence, and Other Direct C osts: D & A's travel and subsistence expenses, long distance telephone calls, materials and supplies, and out-of-pocket expenses will be charged to the Client at cost. Subcontractor charges will be passed through to the Client plus a markup (10% for administrative handling). Examples of such charges are approved outside specialty professional services, purchase of approved project-specific specialized equipment, and Client-requested supplies.

3. Mileage will be charged at 58¢ per mile.

Y:\Marketing\Rome\Water Rate Study 2020\Proposal\City of Rome Water Rate Study 4-22-20.docx

8 BOARD OF ESTIMATE AND CONTRACT JULY 23, 2020

RESOLUTION NO. 112

AUTHORIZING THE MAYOR OF THE CITY OF ROME TO ENTER INTO AN AGREEMENT WITH PARADIGM ENVIRONMENTAL LLC ($30,000.00).

By ______:

WHEREAS, Matthew J. Andrews, Deputy Director of the Department of Community and Economic Development for the City of Rome, New York, has recommended that the City of Rome, New York retain the services of Paradigm Environmental LLC, for monitoring and air sampling survey professional services for asbestos containing materials related to CDBG Demolition Projects, for a total amount not to exceed $30,000.00; now, therefore,

BE IT RESOLVED, by the Board of Estimate and Contract of the City of Rome, that the Mayor of the City of Rome is hereby authorized to enter into an agreement with Paradigm Environmental LLC, for monitoring and air sampling survey professional services for asbestos containing materials related to CDBG Demolition Projects, for a total amount not to exceed $30,000.00, pursuant to the attached proposal which is made part of this Resolution.

Seconded by ______.

AYES & NAYS: Mayor Izzo ____ Viscelli ____ Feeney ____ Conover ____ Nolan ____

ADOPTED____ DEFEATED____

, ;

Proposal for:

Project Monitoring & Air Sample Professional Service

RFP Reference#: RFB-2020-006

Prepared for:

Cily of Rome City Clerk 198 N. Washington Street Rome, NY 13440

June 11, 2020

ORIGINAL

Submitted by:

~ ~~----·- - - - George Hanover Regional Manager A. General Information B. Experience C. Schedule D. Project Staff E. Insurance Requirements

ATTACHMENTS

Insurance Certificates

Bid Sheet 1. Name and Address : Paradigm Environmental LLC 6950 E. Genesee St. Fayetteville, NY 13066

2. Telephone No.: (315) 455-2714 Fax No: (315) 455-3022 E-mail Address : 9i!f.\h_ ~;l'@p,!r.:1EJ.ig!11..e 11 v_. ~J?_1l]

3. Headquarters/parent company location: 179 Lake Ave. Rochester, NY 14609

4. Date Company was Founded: 1988

5. Internet website address: www.paradigmenv.com

6. Proof of Insurance: See Attachment

Established in 1988, Paradigm Environmental ls a leading environmental consultancy and material testing laboratory, servicing clients across New York State. Since Its inception, the Company has excelled in offering thoughtful solutions to adqress today's complex environmental concerns. Parad1~m employees over 135 engineers, scfentists, industrial hygienists, and field technicians in our nine (9) NY offices. Our analytical laboratories are located in Syracuse, Rochester, and Buffalo.

Paradigm has completed thousands of asbestos project/air monitoring projects since its inception . The Company currently a<:ts as an Environmental Consultant for the City Rochester, City of Syracuse, and City of Watertown. We have also provided services for the Greater Syracuse Land Bank, Oswego Land Bank, anq numerous other munlcipc11it1es. In our consulting capacity for our municipal clients, we have monitored thousands of asbestos abatement & demolition projects. City of Syracuse, Division of Code Enforcement Attn: Brian Eisenberg Rm. #313, 201 East Washington Street, Syracuse, NY 13202 (315) 448-8689, tJ 1 1 t·n Dw 1:: 111,!, ~m v nL~t

City of Watertown, City Hall Attn: Carolyn Meunier 245 Washington Street, Watertown, NY 13601 (315) 785-7735, cme 11 1N@ v Lc•n.own -n~

City of Rochester Attn: Mr. Chuck Fox Department of Neighborhood and Business Development City Hall, Room 00SA 30 Church Street Rochester, New York 14614 (585) 428-7458, fo~c&il,:l ly fr x h , ~ler .g,,v Paradigm will commit all necessary personnel and resources needed to complete the required project & air monitoring services required to meet the contract demands within the projected timeline dictated in the RFP.

Paradigm is prepared to start work immediately upon award of the contract and will dedicate the project & air monitoring personnel required throughout the term of the contract. .: \ ' i

Paradigm Environmental will provide the following leadership for the projects for the City of Rome .

Mr. George Hanover - Regional Manager

Mr. Hanover has overa II management responsibility for the project. George holds numerous environmental certifications and has worked in the environmental consulting field for over 25 years. George has managed hundreds of similar projects during his career.

Mr. Peter Koslowsky- Operations Manager

Mr. Koslowsky will serve as the Project Manager for this project. He will coordinate the field activities for the Project Monitoring & Air Sampling. Peter has over 15 years of experience as an environmental consultant and has managed hundreds of asbestos of project monitoring projects throughout his career.

Certified Asbestos Project Monitors

The following certified asbestos project monitors may be working on the project. All our project monitors are residents of the Oneida or Herkimer Counties.

Mr. John Phelps Mr. Sylvester Conley Ms. Chante Spearman Mr. Sean McQuigan

Laboratory -

Paradigm Environmental (HAP #11955) 6950 E. Genesee St. Fayetteville, NY 13066

Paradigm Environmental (NVLAP #200530-0) 174 Lake Ave. Rochester, NV 14609

New York State - Department of Labor Division of Safety and Health License and Certificate Unit State Campus , Building 12 Albany, NY 12240

ASBESTOS HANDLING LICENSE

Paradigm Environmental LLC FILE NUMBER: 19-130569 Suite A18E LICENSE NUMBER: 130569 3 Neptune Road LICENSE CLASS: RESTRICTED DATE OF ISSUE: 03/10/2020 Poughkeepsie, NY 12601 EXPIRATION DATE: 03/31/2021

Duly Authorized Representative - Jack Kunicki :

This license has been issued in accordance with applicable provisions of Article 30 of the Labor Law of New York State and of the New York State Codes, Rules and Regulations (12 NYCRR Part 56). It is subject to suspension or revocation for a (ll serious violation of state, federal or local laws with regard to the conduct of an asbestos project, or (2) demonstrated lack of responsibility in the conduct of any job involving asbestos or asbestos material

This license is valid only for the contractor named above and this license or a photocopy must be prominently displayed at the asbestos project worksite. This license verifies that all persons employed b)' the licensee on an asbestos project in New York State have been issued an Asbestos Certificate, appropriate for the type of work they perform, by the New York State Department of Labor.

Eileen M. Franko, Director SH 432 (8/12) For the Commissioner of Labor BOARD OF ESTIMATE AND CONTRACT JULY 23, 2020

RESOLUTION NO. 113

AUTHORIZING THE MAYOR OF THE CITY OF ROME TO ENTER INTO AN AGREEMENT WITH HSE CONSULTING SERVICES, LLC ($20,000.00).

By ______:

WHEREAS, Matthew J. Andrews, Deputy Director of the Department of Community and Economic Development for the City of Rome, New York, has recommended that the City of Rome, New York retain the services of HSE Consulting Services, LLC, for survey and sampling survey professional services for asbestos containing materials related to CDBG Demolition Projects, for a total amount not to exceed $20,000.00; now, therefore,

BE IT RESOLVED, by the Board of Estimate and Contract of the City of Rome, that the Mayor of the City of Rome is hereby authorized to enter into an agreement with HSE Consulting Services, LLC, for survey and sampling survey professional services for asbestos containing materials related to CDBG Demolition Projects, for a total amount not to exceed $20,000.00, pursuant to the attached Proposal which is made part of this Resolution.

Seconded by ______.

AYES & NAYS: Mayor Izzo ____ Viscelli ____ Feeney ____ Conover ____ Nolan ____

ADOPTED____ DEFEATED____ Safety J Industrial Hygiene ~HSE Air Quality/ Asbestos/ Lead / Mold ConsulUng Services, LLC OSHA Compliance I Training Environmental Services

June 5, 2020

Jean Grande, CMC, City Clerk City of Rome 198 North Washington Street Rome, New York 13440

Re: Professional Services for the Survey and Sampling of Asbestos Containing Material City of Rome RFB# 2020-005

Dear Ms. Grande:

HSE Consulting Services, LLC (HSE) is pleased to submit this proposal for the survey and sampling of Presumed Asbestos Containing Material (PACM), Asbestos Containing Materials (ACM), and asbestos material in buildings within the City of Rome. It is understood that the proposed asbestos surveys may be provided for buildings slated for rehabilitation, demolition, or enforcement actions.

A. GENERAL COMPANY INFORMATION 1. Name and Address HSE Consulting Services, LLC 8636 Brewerton Road Cicero, New York 13039

2. Telephone No .: 315-698-1438 Fax No.: 315-698-1441 E-mail Address : d hoosock@hseconsultingse rvices.com

3. Headquarters/Parent Company Location 8636 Brewerton Road Cicero, New York 13039

4. Date the company was founded: 1997

5. Internet website address: www.hseco.nsultingservices.com

6. Proof of insurance: Sample insurance certificates provided in Attachment D

8636 Brewerton Road Ph# (315) 698-1438 Cicero, New York 13039 Fax# (315) 698-1441 www .hseconsultingservices.com ~HSE Consulting ~l'\llc~ •.l.L.C

Jean L. Grande, CMC Re: Professional Services for the Survey and Sampling of Asbestos Containing Material City of Rome RFB# 2020-005 June 5, 2020 Page 2

B. COMPANY EXP ERIENCE

HSE was founded in 1997 and is committed to addressing the needs of our clients and providing superior environmental, health and safety consulting services which protect working people and the public from the adverse effects of exposure to chemical, microbiological and physical health and safety hazards. We effectively evaluate our clients' needs and generate recommendations that cost-effectively achieve safe and healthy solutions. When necessary, HSE has and will provide service 24 hours per day, 7 days per week, 365 days per year.

HSE is a New York State Department of Labor (NYSDOL) licensed asbestos consulting firm and routinely provides asbestos survey services to clients in construction, industry, commercial and public sector work environments. HSE also operates in-house New York State Department of Health (NYSDOH) Environmental Laboratory Approval Program (ELAP) accredited asbestos laboratories for air and bulk sample analysis.

HSE's key management personnel have an average of over 28 years of experience in the environmental testing and consulting field, including asbestos survey and analytical testing services. Field personnel who would provide asbestos survey services to the City of Rome as part of this proposal have an average of approximately 10 years of experience in performing asbestos surveys. References for asbestos survey work performed by HSE include the following:

1) City of Rome Attn : Mr. Dennis Gillen Department of Code Enforcement Housing Inspector 198 N. Washington Street Phone: (315) 838-1709 Rome, New York 13440 [email protected]

2) City of Syracuse Attn: Mr. Brian Eisenberg Division of Code Enforcement Assistant Director 201 East Washington Street, Phone: (315) 448-8689 Syracuse, New York 13202 [email protected]

3) Syracuse Land Bank Attn: Ms. Katelyn Wright 431 E. Fayette Street, Suite 375 Executive Director Syracuse, New York 13202 Phone: (315) 422-2301 kwright@sy:racu-selandb-ank.org ~HSE Coneultlh9 Services, LLC

Jean L. Grande, CMC Re: Professional Services for the Survey and Sampling of Asbestos Contain ing Material City of Rome RFB# 2020-005 June 5, 2020 Page 3

C. SCHEDULE

HSE understands that time is of the essence to the City of Rome in completing asbestos surveys when requested. HSE maintains adequate staffing and resources allowing us to mobilize quickly when services are requested. Additionally, maintaining our own in house asbestos laboratory allows us the flexibility to perform analyses on an expedited basis when required to meet scheduling demands for each project. Within fifteen (15) business days of receiving a request to perform an asbestos survey, HSE will issue a draft report to designated City of Rome personnel. Within five (5) business days after receiving comments on the draft report, HSE will issue a final report.

D. PROJECT STAFF

Daniel R. Hoosock has been providing asbestos survey services throughout the State of New York since 1988 an wi!I serve as HSE's primary point of contact for asbestos services provided to the City of Rome . HSE personnel who may provide field inspection and sampling services on City of Rome asbestos survey projects include the following:

·• Kevin Rowe NYSDOL Certificate No. 95-14466 • Chad C. Gable NYSDOL Certificate No. 12-10911 ~ Alex L. Forsyth NYSDOL Certificate No . 15-13695 • Dominic T. Castiglia NYSDOL Certificate No. 20-02060 • Samuel J. Diamond NYSDOL Certificate No. 19-19397 • Daniel R. Hoosock NYSDOL Certificate No. 90-10890

Subcontractors

HSE maintains the necessary personnel, laboratory facilities and support equipment to perform all services required as part of RFP-2013-047 except for transmission electron microscopy (TEM) analysis, which we plan to begin offering in summer 2020. In the interim, HSE has professional a working relationship with the following laboratory that will be utilized for any required TEM analytical services:

• AMA Analytical Services (AMA} 4475 Forbes Boulevard Lanham, MD 20706 NYSDOH ELAP ID 10920

AMA has been providing asbestos related analytical testing services since 1985. Jean L. Grande, CMC Re: Professional Services for the Survey and Sampling of Asbestos Containing Material City of Rome RFB# 2020-005 June 5, 2020 Page 4

E. INSURANCE

HSE shares the risk inherent in the environmental health and safety field with our clients by maintaining a$ 2,000,000.00 professional and contractor's pollution liability insurance policy. A summary of HSE's current insurance coverage is as follows:

o General Liability $2,000,000 c Automobile $1,000,000 o Pollution Liability $2,000,000 c Workers' Compensation S Statutory c Professional liability $2,000,000

F. ASBESTOS SURVEY PROCEDURE/PROCESS

The scope of services to be provided by HSE for asbestos surveys requested by the City of Rome shall be as follows:

F.1 Field Inspection and Sampling

HSE will provide the services of a New York State Department of Labor (NYSDOL) certified Asbestos Inspector to survey each structure for asbestos containing materials (ACM) in accordance with the requirements of 12 NYCRR Part 56 !commonly referred to as Code Rule 56). All work will be performed under the direction of an American Board of Industrial Hygiene (ABIH) Certified Industrial Hygienist (CIH) and/or a NYSDOL certified Asbestos Project Designer.

Each survey will be conducted for the purpose of identifying asbestos containing material (ACM) that may be associated with the subject property. Each survey will include a review of building plans, records, etc., if available, for references to asbestos or ACM used in construction, renovation or repairs. Readily accessible suspect materials will be located and sampled and the quantities will be estimated.

Asbestos surveys will focus on the identification, quantification and assessment of the condition of the following materials:

• Surfacing materials (e.g. fireproofing, acoustical plaster, finish plasters, etc.) .

• Thermal System Insulation (e.g. equipment insulation, pipe/pipe fitting insulation, boiler, breaching, duct, and tank insulation, millboard, preformed plaster, job molded plaster, etc.).

• Miscellaneous materials (e.g. roofing, caulking, vinyl asbestos floor tile, mastic, ceiling tile, wall board, tape, joint compound and plaster; fire blankets, cementitious board, vibration reduction cloth, fire curtains, laboratory tables & hoods, siding, etc.). Jean L. Grande, CMC Re: Professional Services for the Survey and Sampling of Asbestos Containing Material City of Rome RFB# 2020-005 June 5, 2020 Page 5

To the extent feasible, samples will be procured from inconspicuous areas or areas with pre existing damage. HSE will make temporary repairs to sample collection areas, however, it is understood that it will not be the responsibility of HSE to restore sample locations to a pre sampling state. It is also understood that no specialized equipment (e.g. aerial lifts) will be required to perform inspection or sampling activities.

F.2 Laboratory Analysis

Friable and non-friable samples collected as part of each asbestos survey will be analyzed using Polarized Light Microscopy with Dispersion Staining (PLM/DS). Non-friable organically bound materials (NOB) will be analyzed utilizing gravimetric matrix reduction (GMR) techniques and PLM/DS. NOB samples found to be negative for asbestos after GMR and PLM/DS will be further analyzed by transmission electron microscopy (TEM).

F. 3 Asbestos Survey Report

Subsequent to the completion of laboratory analyses for each asbestos survey, HSE will prepare a project report in accordance with the requirements of 12 NYCRR Part 56, Subpart 56-5, 56- 5. l(f). The report will include a summary of the scope of work performed, the methodologies and procedures used to perform the survey, a discussion of findings and conclusions and recommendations. Each report will also include copies offloor plans, photographs, licensing and certification documentation, laboratory reports and chain of custody records.

Note: As specified in RFP-2017-020, within fifteen (15) business days of receiving a request to perform an asbestos survey, HSE will issue a draft report to designated City of Rome personnel. Within five (5) business days after receiving comments on the draft report, HSE will issue a final report.

G. COMPENSATION

Hourly labor rates and per sample analytical rates are provided in Attachment A on the Bid Sheet provided by the City of Rome (RFB# 2020-005). It is understood that the units rates provided are inclusive of all related expenses associated with the completion of the work including, but not limited to, travel and report production expenses. However, it is understood that costs associated with non-typical asbestos survey requirements (e.g. aerial lift rentals) will be negotiated on a case-by-case basis if required.

Final project billing for each project will be based on the actual number of hours worked and samples analyzed. An invoice will be submitted shortly after the completion of services for each project. Invoices are due and payable upon receipt. An additional charge of 1.5 % per month and any incurred collection costs shall be applied to outstanding balances after 30 days. ~HSE ConsulUng ~ervlces, 1.LC

Jean L. Grande, CMC Re: Professional Services for the Survey and Sampling of Asbestos Containing Material City of Rome RFB# 2020-005 June 5, 2020 Page 6

It is further understood that the labor and analytical rates provided will be in force for the duration of the initial agreement term of 2 years.

H. WARRANTY

HSE warrants that any environmental, analytical, field inspection, reporting, monitoring, industrial hygiene, asbestos, training and/or air quality related services rendered as part of this submittal will be performed in accordance with standard methodologies and within the scope of the environmental industry's recognized professional standards. Please be advised that HSE does not imply any other warranties beyond that stated above. Should any errors, omissions or professional negligence occur, HSE will only accept the responsibility to re-perform the deficient work at its own expense. Under no circumstances will HSE accept liability resulting from the interpretation of sampling, analytical, inspection, reporting, asbestos and/or air quality data by the client or owner.

I. PROPOSAL ATTACHMENTS AND SUPPORTING DOCUMENTATION

We have attached the following documentation as required by RFB# 2020-005 or in support of our proposal for this project:

Attachment A: Project Bid Sheet (RFP-2013-047B Amendment)

licenses and Certifications NYSDOL Asbestos Handling license NYSDOH ELAP Laboratory Certificates NYSDOL Asbestos Inspector Certificates

Required RFP Forms 1. Non-Collusive Bidding Certificate 2. Responsible Bidder Form 3. Minority Business Enterprise Participation Form

Sample Insurance Certificates Jean L. Grande, CMC Re: Professional Services for the Survey and Sampling of Asbestos Containing Material City of Rome RFB# 2020-005 June 5, 2020 Page 7

HSE appreciates the opportunity to provide this proposal for asbestos survey and testing services. Please do not hesitate to contact me at your convenience if you have any questions regarding our proposal or if additional information is required.

Sincerely,

HSE CONSULTING SERVICES, LLC 1)~'R-H~ Daniel R. Hoosock Vice President

Attachments

https://hseconsu ltingservicescom.s harepoint.com/ sites/HSE-Cicero/Shared Docu me nts/Proposal/1 H/City of Rome/Asbestos Surveys 2020/Asbestos Survey Proposal, RFB#2020-05.docx ATTACHMENT A Project Bid Sheet (RFB# 2020-005) & Supporting Documentation Attachment A-1

BID SHEET RFB-2020-005

$ 75.00 (1)

Pro ·eel Monitor $ 48.00 {Not Applicable) - - - +------1------P_roj~EI_Desi..._n_e_r ----+-$ 75.00 (_2_) ______

1--__Po_ -l-'--an'""'·zed L!ght Microscopy PLMJ_ $6.00

Transmission Electron Microsco TEM $ 20.00 NOB Prep & PLM Analysis $ 15.00

Company Name: HSE Consulting Services, LLC

Bidder: 1)~ ~- H~ date: June 5, 2020

Bidder print: Daniel R. Hoosock, Vice President

(1) Project Manager time will be charged for coordination and report review (typically 1 hour or less per survey) (2) Project Designer rate will only be charged if an asbestos abatement design or site-specific variance application is requested by the Gty of Rome New York State - Department of Labor Division of Sslely and Health License ilncl Certillcate unn Slate Campus, Building 12 Albany, NY 12240

ASBESTOS HANDLING LICENSE

HSE Consulting Services, LLC FILE NUMBER: 09-50181 LICENSE NUMBER: 50181 8636 Brewerton Road LICENSE CLASS: RESTRICTED DATE OF ISSUE: 01/13/2020 Cicero, NY 13039 EXPIRATION DATE: 01/31/2021

Duly Authorized Representative -Brian C King :

This license has been issued in accordance with applicable provisions of Article JO of the Labor Law of New York State and of the New York State Codes, Rules and Regulations ( 12 NYCRR Part 56}. It is subject to suspension or revocation for a (I) serious violation of state, federal or local laws with regard to the conduct of an asbestos project, or (2) demonstrated lack of responsibility in the conduct of any job involving asbestos or asbestos material.

This license is valid only for the contractor named above and this license or a photocopy must be prominently displayed at the asbestos project worksite. This license verifies that all persons employed by the I icensee on an asbestos project in New York State have been issued an Asbestos Certificate, appropriate for the type of work they perform, by the New York State Department of Labor.

Eileen M. Franko, Director SH 432 (8/12) For the Commissioner of Labor NEW YORK STATE DEPARTMENT OF HEALTH WADSWORTH CENTER

Expires 12:01 AM April 01, 2021 Issued April 01, 2020

CERTIFICATE OF APPROVAL FOR LABORATORY SERVICE Issued in eocordance with and pursuant to section 502 Public He11/lh Law of Naw York State MR. BRIAN C. KING NY Lab Id No: 11973 HSE CONSULTING SERVICES, LLC 8636 BREWERTON ROAD CICERO, NY 1303l1

is hereby APPROVED as an Environmental Laboratory for the category ENVIRONMENTAL ANALYSES SOLID AND HAZARDOUS WASTE All approved subcategories and/or analytes are listed below:

Mlscellaneous

Asbestos In Friable Melertal Item 198.1 of Manual EPA 600/M4/82/020 Asbestos In Non-Friable Mater1al-PLM Item 198.6 of Manual (NOB by PLM)

Serial No.: 61631 Propertyilf 111G N11w Yon. Stille 0tpeT1111enl or Heallll, Corllncates a,e vand oruy al !118.m!d,es.s ohOwn, mu&t be conspicuously posted, and W

Page 1 of 1 NEW YORK STATE DEPARTMENT OF HEALTH WADSWORTH CENTER

Expires 12:01 AM April 01, 2021 Issued April 0 1, 2020

CERTIFICATE OF APPROVAL FOR LABORATORY SERVICE Issued In accordance with and pursuant to section 502 Public Health Law of New York State MR. DOUGLAS L. GEE NY Lab Id No: 1207 4 HSE CONSUL TING SERVICES, LLC 3216 WATSON BLVD. ENDWELL, NY 13760

is hereby APPROVED as an Environmental Laboratory for the category ENVIRONMENTAL ANALYSES SOLID AND HAZARDOUS WASTE All approved subcategories and/or anaJytes are listed below:

Mlscellanaous

Asbestos In Friable Material Item 198.1 of Manual EPA 600/M4/B2/020 Asbestos In Non-Friable Material-PLM Item 198.6 of Manual (NOB by PLM)

Serial No.: 61753 Property of the New York Sl.8le Oepar/m11nl of Hea\111. Cer11nca1~s art valid Q!\ly at llle ·address shown, mus\ bn conspicuous ly poste

Page 1 of 1 HSE Project Personnel Asbestos Inspection, Monitoring and Design

SlArl UfNfV\'YOHK lllPARllv'ltHOFL~60R A.IBESTOS CERTIF!CA TT. nllllRIIII HHI 1111

IF rouND RKroRN TO : CHAD C GABLE ClASS(E XPIRES) JnBS BRO NTSOOL - L~ UNIT C ATE C[02 /21 ) D !NSP(02 /2 1) BA:IR BRO ROOH 161A BUILlllllO 1 2 H PM (02 /21) STATE DYPICI! CA>G>U9

"""'1lY lfl lrl40

MUST BE CARRIED ON ASBESTOS PROJECTS l•IIUl!l•lf~• a• ll11

STATE OF NEW YORI( DEPARTMENT OF LABOR ASIIESTOS CERTIF!CA Tf ftllllll 1111111111111111

IF FOUNO Rl!TUIUI ALEX L FORSYTH TO : ClASS(EXPIRES) BY.1\9 BW NYSDDL - L'C UNIT C ATEC(02/2 1) D 1NSP(02/21) ~ BAIR BRO ROOM 161A BUILDING 1 2 H PM (02/2 1) J BGT ! C>O' STATE OFPICB CAMPUS § ALBANY NY 12240

MUST BE CARRIED ON ASBE5TO5 PROJECTS Utt1•Ull 1l•t,.IM

STATE OF NEW YORK - DEPARTMENT OF LAB OR A58EST05 CER1lFICA TE 1111111111 ID~IIIIIIUIII

IF DOMINIC T CASTIGLIA FOUND RJLTORN TO: ClASS(EXPIRES) ; SYBS SRO IIYSDOL - L,c UNIT C ATEC(I0/21) D INSP(l0/21) BAIR BRO ROOH 161A BUILDING 12 H PM (10/2 1) e

ALBAll'J NY 1 22 4 0

MUST Bf CARRIED ON ASBESTOS PROJECTS

ST ATE OF NEW YORK - DEPARTMENT OF 1.ABOR ASBE.STOS CERDflCATE r •• 1111111!11111111111111111

ROBERT K ROWE 1 I'" JroUIIO RZTUIUI TO CLASS(EXPIRES) EYES lil,U HYSDOL - L~ UNIT C ATEC(04/20) D INSP(04/20) BAIR BRO ROON 161A BU1Ll)I!IG 12 H PM (04/20) ~ i IIGT 5 ' 0 1' STATE OFl'IC& CAMPUS ALBANY NY 12240

MUST BE CARRIED ON ASBE5TOS PROJECTS HSE Project Personnel Asbestos Inspection, Monitoring and Design

: ST ATE OF NEW YORK • DEPARTMENT OF LABOR ' ASBmm CERTIFICATE BIHi 1111111111111111 ffl

DANIEL R HOOSOCK U' l'CllllO U'l'IJRIO TQ : ClASS{EXPIRES) Nt5DOL - L,c UIIIT D INSP(02/21) I PD (02/21) ROON 161A Bl.llLDINO l2 !lv.l'Jl OPFICI. CkllPIJl5 ALBIIHY llY 12240

MUST BE CARRIED ON ASBESTOS PROJECT5 1111 11 1••1• 11 -•1• ....

STATE OF NEW YORK · DEPARTMENT OF LABOR ASBUTOS aRT!flCA TE ftllll II IIIOIIIHI Ill

II IF ,o(JMI) Rll'l'IJRN TO; SAMUEL J DIAMOND Cl.ASS(EXPIRES) i• : BYES BW lffllDO&. · L6C UIIIT C ATEC(10/20) D INSP(l0/20) BAIR BLN ROON 1111A BUII.Dlll

MUST BE CARRIED ON ASBESTOS PROJECTS Attachment A-2

nus FORM MUST BE SUBMlTIED WITH 11-lE

NON-COLLUSJVE BIDDING CERTIFICATE Pursuant to New York General Municipal Law 103(d)

By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organi7.ation, under penalty of perjury, that to the best of knowledge and belief:

(I) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor;

(2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly be disclosed by the bidder and will not knowingly disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and

(3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purposes of restricting competition.

Signature

HSE Consulting Services, LLC Name of Bidder (Organization or Individual)

Daniel R. Hoosock, Vice President Contact Name & Title

June 5, 2020 Date Attachment A-3

RESPONSIBLE BIDDER FORM

Each bidder will complete the foll owing to enable the City to detem1ine if the bidder meets the criteria ofa Responsible Bidder.

A. Has your firm agreed to or been in negotiations which may lead to a merger, con so lidation, or other form of reorganization? yes X no If yes, please explain:--··------

B. Has your firm or its majority owner filed for bankruptcy? . yes X 110

C. Is your firm presently on a State or Federal Debarment or Ineligible Bidder's List?

·- yes (please explain) ____

In determining the "lowest responsible bidder," in addition lo price, the City of Rome shall consider the ability, capacity and ski II of the bidder to perform the contract or provide the service required; whether the bidder can perform the contract or provide the service promptly or within the time specified, without delay or interference; the character, integrity, reputation, judgment, experience and efficiency of the bidder; the quality of performance or previous contracts or services; existing compliance by the bidder with laws and ordinances relating to the contract or service; the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service; the quality, avai!abilily and adaptability of the supplies or contractual services to the particular use required; the ability of the bidder to provide future maintenance and service for the use of the subject of the contract; and the number and scope of conditions attached to the bid.

Name of Bidder (Organization or Individual): HSE Consulting Services, LLC

Contact Person & Title: Daniel R. Hoosock, Vice President------Date: June 5, 2020 Attachment A-4

Ml:'\ORITY IWSINESS l•:NTlmPHISE PAIHICI.PA'l ION FOl~M

The City of Rome encourages the participation of registered Minority and Women-Owned business enterprises are encouraged for all City material, supply, professional and construction contracts and sub-contracts,

A "minority business enterprise" is defined as a business firm which is at least fifty-one percent (51 %) owned, operated and comrolkc.l by minority group members. The minority members must exercise the authority to independently control the day-to-day business decisions of the firm. "Minority" means Blacks, Hispanics, American Indians, Alaskan Natives, Asians and Pacific Islanders.

A "women-owned business enterprise" is defined as a business finn which is at least fifty-one percent (51 %) owned, operated and controlled by women. The women ownership must exercise the authority to independently control the day-to-day business decisions of the firm.

Bidders are requested to provide the following:

a. ls your company 51 % or more owned, operated and controlled by women? __yes X no

b. Is your company 51 % or more owned, operated and controlled by minorities? __yes X no

c, If you answer YES to (b) above, please indicate the appropriate category:

__ Black __ Hispanic __Alaskan Native

Asian/Pacific Islands American Indian

d. If you have answered yes to (a) or (b) above, have you registered the business as a Minority Business Enterprise or Women Business Enterprise with Empire State Development? __yes __no

Signature: 1)o.fu.~ -~ . H.~ _ ___ _

Name of Bidder: HSE Consulting Services, LLC

Contact Name & Title: Daniel R. Hoosock, Vice President

Date: _June 5, 2020 BOARD OF ESTIMATE AND CONTRACT JULY 23, 2020

RESOLUTION NO. 114

AUTHORIZING THE MAYOR OF THE CITY OF ROME TO ENTER INTO AN AGREEMENT WITH M.A. POLCE CONSULTING ($7,726.20).

By ______:

WHEREAS, Matthew J. Andrews, Deputy Director of the Department of Community and Economic Development for the City of Rome, New York, has recommended that the City of Rome, New York retain the services of M.A. Polce Consulting for professional services for the Webex System related to the State of Emergency, for a total amount not to exceed $7,726.20; now, therefore,

BE IT RESOLVED, by the Board of Estimate and Contract of the City of Rome, that the Mayor of the City of Rome is hereby authorized to enter into an agreement with M.A. Polce Consulting for professional services for the Webex System related to the State of Emergency, for a total amount not to exceed $7,726.20, pursuant to the attached Agreement which is made part of this Resolution.

Seconded by ______.

AYES & NAYS: Mayor Izzo ____ Viscelli ____ Feeney ____ Conover ____ Nolan ____

ADOPTED____ DEFEATED____

VTC in Conference Rooms

MAPQS464-05

City of Rome Prepared for: Jackie Izzo

Account Manager Kelly B Palinski 315-838-1630 M.A. POLCE [email protected] Inside Account Manager CONSULTING Irina Kelachinathu (315) 624-9873 [email protected]

1 of 6 STATEMENT OF WORK

This Statement of Work ("SOW") is governed under the Master Service Agreement (the "Agreement") between M.A. Polee Consulting, Inc., a New York corporation with offices located at 401 Phoenix Drive, Rome, NY 13441 ("us", "our", "we" or "M.A. Polee"), and you, the entity who electronically signs this document in the signature block, below ("you", "your" or "Client").

SCOPE OF SERVICES

The services described below (collectively, "Services") will be provided to you under this SOW. Services that are not specifically described in this SOW will be out of scope and will not be provided to you unless otherwise agreed to by us in writing.

Services will be provided on a Time & Materials (T&M), work-for-hire, basis. Generally, the services will be performed during normal business hours from 8:00am to 5:00pm eastern time Monday-Friday. M.A. Polee Consulting Inc. understands and accepts that some work must be performed after normal business hours as deemed necessary by both parties.

Scope. M.A. Polee will be responsible for performing the following services under this SOW.

• WebEx Configuration • Transition trial to paid order subscription • Configure 10 host accounts

Phase 2 - Deployment Summary

• Provide deployment summary • Deployment summary will have information critical to the success of the project such as usernames, passwords, IP addressing, serial numbers, subscription information, and URL's. • Transition to steady state support • Ensure performance and reliability objectives have been met • Update documentation • Provide end user guide and deployment summary • Transition to steady state support with M.A. Polee MS

Change Management Process

During the project, either party may request in writing additions, deletions, or modifications to the services described in this SOW ("change"). M.A. Polee Consulting shall have no obligation to commence work in connection with any change until the estimated fee and schedule impact of the change is agreed upon in a written change request signed by the authorized signatories from both parties.

2 of 6 Within three (3) business days of receipt of the proposed change request, City of Rome shall either indicate acceptance of the proposed change by signing the change request or advise us not to perform the change. If City of Rome advises M.A. Polee Consulting not to perform the change, then we shall proceed only with the original services. In the absence of City of Rome acceptance or rejection within the timeframe noted, we will not perform the proposed change.

Client Responsibilities. The following is a list the activities and responsibilities which will be performed by City of Rome no charge to M.A. Polee Consulting.

1. Provide list of users who should have host accounts

Term; Termination

The Services will commence, and billing will begin, on the date on which the SOW is signed by City of Rome and accepted by MA Polee Consulting. This agreement will terminate when any one of the following conditions has been satisfied:

• M.A. Polee Consulting completes its obligations and responsibilities described in this SOW; or • M.A. Polee Consulting has completed the number of hours specified in the "Services Estimate" section ofthis SOW, including any subsequent change authorizations; or • Either party terminates this agreement with 10 business days written notice to the other party. Charges incurred up to the termination date will be invoiced to City of Rome.

Assumptions/ Minimum Requirements/ Exclusions

M.A. Polee is under the assumption that all conditions will be met under the City of Rome Responsibilities section.

• Services will be provided to City of Rome Remotely or On-site as deemed necessary to complete the services. If travel is required, travel and living expenses are the responsibility of City of Rome unless otherwise specified in the "Charges" section of this SOW.

Exclusions. Services that are not expressly described in this SOW will be out of scope and will not be provided to Client unless otherwise agreed, in writing, by M.A. Polee.

Risks. No material risks have been identified.

Dependencies. No material dependencies have been identified.

Fees

M.A. Polee Consulting, Inc. estimates this activity will take approximately 12-15 hours. This is an estimate; actual hours may vary if new requirements are discovered. M.A. Polee Consulting will only

3 of 6 invoice City of Rome for the actual number of hours worked. If all hours on this estimate are consumed and the activities are not complete, M.A. Polee Consulting will reevaluate with City of Rome for additional hours.

Services performed will be charged at a rate of $151. per hour. Rates are in US Dollars. If travel is required, travel time plus reasonable and actual travel expenses will be invoiced to the City of Rome.

4 of 6 VTC in Conference Rooms - MAPQ5464-05 M.A. POLCE Jun 24, 2020 CONSULTING 401 Phoenix Drive, Rome, NY 13441 t. (315) 338-0388 f. (315) 356-0597

Quoted To: Prepared By: City of Rome Kelly B Palinski Jackie Izzo 315-838-1630 198 North Washington Street Rome, NY 13440 [email protected] United States ® ~ ~ ~,I ~ ~- MANAGED IT HOSTING SECURITY BUSINESS STORAGE & NETWORKING & DESKTOP UNIFIED COMPUTING COLLABORATION SERVICES SERVICES IN fELLIGENCE VIRTUALIZATION WIRELESS VIRTUALIZATION SYSlEMS

Des.criptlon ' Unit Price Qt·Y I Ex:t. Price J Flex Public Sector

Initial Term - 12.00 Months I Auto Reneool Term - 12 Months I Billing Model - Prepaid Term

10 Cisco Collaboration Flex Plan Meetings Suite $470.64 $4,706.40

10 Bridge Country Call Back Audio $35.52 $355.20

10 NU Pro Pack for Cisco Webex Control Hub $39.96 $399.60

Services

15 T&M Labor for Equipment Configuration, Installation, and Project Management $151.00 $2,265.00

M.A. Polee Consulting, Inc. estimates this activityVlAII take approximately 12-15 hours. This is an estimate; actual hours may vary if new requirements are discovered. M.A. Polee Consulting \/\All only invoice City of Rome for the actual numb er of hours v.orked. If all hours on this estimate are consumed and the activities are not complete, M.A. Polee Consulting \/\All reevaluate VlAth City of Rome for additional hours.

Services performed \/\All be charged at a rate of $151. per hour. Rates are in US Dollars. If travel is required, travel time plus reasonable and actual travel expenses \/\All be invoiced to the City of Rome. SubTotal $7,726.20 Tax $0.00 Shipping $0.00

1otal $7,726.20

Disclaimer: The data in this proposal Is M.A. Polee Consulting, Inc. confidential and shall not be disclosed outside the receiving party and shall not be duplicated, used, or disclosed in whole or in part for any purpose other than to evaluate the proposal. !fa contract is awarded to M. A, P alee Cans ulting, Inc. as a res ult of or in con nee tion with the submission of this data, the receiving party shall have the right to duplicate, use, or disclose the data to the extent provided in the contract.

5 of 6 Taxes, shipping, handling and other fees may apply. We reserve the right to cancel orders arising from pricing or other errors.

Billing Terms and Procedures Hardware components and 50% of labor costs will be invoiced upon acceptance of this proposal and is due upon receipt of the invoice , Payments must be received prior to the purchase of any hardware and the start of any services.

Quote Validity Typographical and stenographic errors are subject to correction .

Component availability will be noted in the event that a particular component is unavailable. Estimated delivery dates will be provided on a best effort basis. MA Polee will communicate changes in availability as we are made aware of them throughout the procurement process.

Expiration The offer for this proposed custom technology installation as described in this document is good for the month that it is created in, after

A Disaster Recovery plan will assure that a loss is minor and only a temporary problem, restoring your business operations quickly. Connect with M.A. Polee for more information today!

6 of 6 BOARD OF ESTIMATE AND CONTRACT JULY 23, 2020

RESOLUTION NO. 115

AUTHORIZING THE MAYOR TO ENTER INTO AN INTERMUNICIPAL AGREEMENT WITH NEW YORK STATE OFFICE OF GENERAL SERVICES RELATIVE TO THE PURCHASE OF ELECTRIC POWER.

By ______:

WHEREAS, the Treasurer of the City of Rome, New York, has recommended that the City of Rome enter into an inter-municipal agreement (renewal contract no. X003435 originally authorized by the Common Council of the City of Rome, New York pursuant to Resolution No. 211 adopted January 9, 2013 and most recently renewed on March 9, 2016 by way of Resolution No. 48) with New York State Office of General Services relative to the purchase of electric power at four locations; and

WHEREAS, this Agreement is to provide power for 4 major accounts including the Waste Water Treatment Plant, Police Station, Water Treatment Plant, and City Hall; now, therefore

BE IT RESOLVED, that the Mayor is authorized to enter into an inter-municipal agreement (renewal contract no. X003435 originally authorized by the Board of Estimate and Contract of the City of Rome, New York pursuant to Resolution No. 211 adopted January 9, 2013 and most recently renewed on March 9, 2016 by way of Resolution No. 48) with New York State Office of General Services relative to the purchase of electric power at four locations; and

BE IT FURTHER RESOLVED, the terms of said agreement are more specifically set forth in the attached “Electricity Sales Agreement” which is made part of this Resolution.

Seconded by ______.

AYES & NAYS: Mayor Izzo ____ Viscelli ____ Feeney ____ Conover ____ Nolan ____

ADOPTED____ DEFEATED____ OGS Electric Sales Agreement- Direct billing version 07/13/2020

Local Electric Utility EU ("EU"): Niagara Mohawk Account No.: A s per Confirmati on Service Address: As per Con firmatio n

ELECTRICITY SALES AGREEMENT This Electricity Sales Agreement, ("Agreement"), dated _ ____. is between The New York State Office of General Services, a governmental entity with offices located at Empire State Plaza, Corning Tower, 32nd Floor, Albany, NY 12242 ("OGS") or ("Seller") and the City of Rome, a municipal corporation with its principal office located at 198 N. Washington Street, Rome, New York 13440, Federal Identification Number 15-6000414 ("Customer"). OGS and the City of Rome may be hereafter referred to collectively as the "parties" and individually as a "party."

WHEREAS, State Finance Law§§ 97-g(3) and 97-g(4)(f), Centralized Services Fund, provides that moneys of the fund are available to the Commissioner of General Services (OGS) for the purpose of furnishing or providing centralized services including purchases of electricity from the New York State Power Authority (NYPA) and in consultation with the NYPA from other suppliers for political subdivisions; and

WHEREAS, General Municipal Law§ 99-r authorizes an agreement or contract between a municipal corporation and any State agency to, inter alia, provide or receive any services of government, and to provide other services or money in consideration; and

WHEREAS, General Municipal Law § 104 authorizes political subdivisions to make purchases of materials, supplies, or services through OGS provided that the political subdivision accepts sole responsibility for any payment due the vendor; and

WHEREAS, since 2013, OGS has provided electricity to the City of Rome pursuant to Contract Number X003435, which was approved by the Office of the State Comptroller on May 2, 2013; and OGS Electric Sales Agreement - Direct billing version 07 /l 3/2020

WHEREAS, it is the intent of the parties to continue the current Seller and Customer relationship for the purchase of electricity.

NOW, THEREFORE, the Parties hereto do mutually covenant and agree as follows :

General Provisions:

A. OGS when acting as an Energy Service Company ("ESCO") is subject to the rules established by the New York State Public Service Commission ("PSC") for Retail Access, and the local electric utility's ("EU") tariff on file with the PSC.

B. This agreement is subject to the terms and conditions of Appendix A" Standard Clauses for New York State Contracts", attached hereto and made a part hereof.

C. Conflicts shall be resolved first by the terms of Appendix A, then this Electricity Supply Agreement and then the Confirmation.

D. The form of the Confirmation is attached hereto and made a part hereof.

E. This agreement will become effective upon the approval by both the New York State Attorney General and New York State Comptroller.

Definitions: A. The term "EU" is the local electric utility Niagara Mohawk Power Corporation d/b/a National Grid.

B. The term "political subdivision" is defined in General Municipal Law Article 5-A as: a municipal corporation, school district, district corporation and board of cooperative educational services.

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C. The term "municipal corporation" is defined by General Construction Law § 66(2) to include a county, city, town, village and school district.

D. The term "Confirmation" means the Statement annexed to this Agreement which summarizes the essential components of the transaction, and specifically includes: 1) the name and address of Seller and Customer; 2) Quantity; 3) Delivery Point; 4) Billing; 5) Price; 6) Delivery Period; and 7) Accounts.

Specific Provisions:

1. Agreement to Buy and Sell. Customer agrees to purchase for its exclusive use, and OGS agrees to supply, sufficient electric energy in kilowatt-hours to meet the Customer's electricity requirements for the electric load for the Accounts and for a Delivery Period as provided in the Customer's Confirmation, or Confirmations. Customer must ensure that the account number and service address provided to OGS matches the EU account number for that address. Customer understands that by signing this Agreement and any confirmation it is authorizing OGS to initiate or continue service, begin or continue enrollment, and for the duration of this Agreement, obtain from the EU information about Customer, such as meter readings, demand data, historical data, and any other pertinent data necessary to serve Customer's account.

2. Term. The Term of this Agreement shall commence on April 1, 2020 and ends on the last meter read which shall occur on or before July 31, 2029. OGS shall use reasonable efforts to commence service on the Account(s) meter read date in the start month stated on the Confirmation as applicable. However, Customer acknowledges that the commencement of service hereunder is dependent upon confirmation by the EU of the completion of all required switching and enrollment processes and if such switching and enrollment processes occur after the Account(s) meter read date in the start month stated on the Confirmation, Customer's Account shall be enrolled at the next available meter read date. OGS shall not be liable for any lost savings or opportunity as a result of a delay in service commencement due to actions or inactions of the EU. Service shall

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continue through the Account(s) meter read date in the end month of Confirmation.

Customer may terminate this Electricity Sales Agreement early upon the meter reading that occurs after 90-days' notice to OGS.

OGS may terminate this Electricity Sales Agreement early upon Customer's default in payment, Customer' s failure to include the obligations of this Agreement in Customer' s budget, or upon 90-days' notice to customer.

At termination the Customer will be responsible for all EU and NYISO reconciliations, plus all documented losses on all energy related products purchased by OGS on behalf of customer prior to returning to another energy supplier. Any gains made on the sale of all energy related products shall be passed on to the Customer. Provided, however, this obligation will not apply through the normal course of business with expiration on July 31, 2029.

At termination the Customer shall be returned to the EU in a manner and process consistent with the EU's tariff without loss of service.

3. Price and Quantity/ Amount Due. The billing cycle is the period for which a customer(s) electric usage is metered by the EU. For each "Billing Cycle", Customer will pay the price computed for the quantity as set forth in the Confirmation, or Confirmations, entered into under this agreement, plus all applicable taxes.

4. Delivery and Metering. OGS shall deliver Customer's electricity requirements to a delivery point ("Delivery Point"). The Delivery Point shall be on the EU's transmission system and will be determined by OGS at the time of scheduling. Title and risk of loss shall pass to Customer at the Delivery Point, and Customer shall be responsible for contracting with its EU for delivery to its Account from the Delivery Point. Customer shall

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be responsible for and shall cooperate with OGS in obtaining from its EU metering and historical load information reasonably necessary to record values of consumed kW and kWh on a continuous basis necessary to allow for proper billing. OGS shall not be responsible for any variation in the quality, including zero voltage, of the electric service provided by the EU to Customer.

5. OGS Billing. An effective Confirmation will indicate that "Seller Billing" will apply. Customer will be invoiced by OGS for OGS's charges payable by customer through the last day of the billing cycle, and Customer will be invoiced for the EU's delivery charges by its applicable EU. OGS's invoice may be sent to the mailing address or e-mail address, as applicable, listed on the Confirmation. OGS may invoice customer based upon the estimated quantity delivered, which will be adjusted to the actual quantity on a subsequent invoice. Customer shall make timely payments. A timely payment shall be made thirty calendar days after receipt of an invoice for the amount of the contract payment due. Late payments and interest due OGS shall be computed in accordance with State Finance Law

§ 18. If Customer, in good faith, disputes the amount of any invoice, Customer shall pay such amount as it concedes to be correct by the due date and, along with its payment, provide OGS with documentation to support the amount disputed. Upon the OGS determination of the correct amount, any amount owed shall be paid in accordance with State Finance Law Article 11-A. All invoices and billings are conclusively presumed final and accurate unless such invoices or billings are objected to by either party in writing, including adequate explanation and/or documentation, within 12 months after the date such invoice was rendered, provided however, OGS may re-bill based on post period audits or adjustments made by an authorized entity. Any and all adjustments under this Section shall be paid in full by the owing Party within 30 calendar days after the invoice date for such charges.

6. Changes in Tariff or Law. OGS price includes tariff charges that are set forth by applicable EU, transmission provider, NYISO, and/or state or governmental agency having jurisdiction (Authorized Entity). OGS may pass through to Customer, without

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markup, (i) any increase or decrease in such tariff changes or (ii) other increase or decrease in OGS' cost to provide electricity that result from an addition to, a change in, or change in interpretation by an Authorized Entity of, or change in administration by an Authorized Entity of tariffs, operating protocols, laws, regulations, or other requirements of an Authorized Entity, as applicable. Any such addition to or increase in costs shall be Customer's obligation.

8. Load Change Information. To assist OGS in providing accurate usage information to Customer's EU, Customer shall timely notify OGS of any anticipated significant changes in its actual usage. Whenever practical, absent a force majeure event including but not limited to, act of god, war, civil disturbance, labor disputes,, or other emergency beyond control of the Customer or the E.U. or electricity transmission supplier, Customer shall give OGS at least thirty (30) days' notice prior to removing an Account(s) from service hereunder as a result of ceasing operations, reduction in use, or sale of the Account(s) to an um-elated third pai1y at such Account(s). To the extent that OGS incurs increased costs as a result of such Account(s) removal (regardless of whether such notification was provided), Customer shall be responsible for any actual damages resulting from such removal.

9. Taxes. Customer is responsible for all applicable taxes to this purchase and sale. Both customer and OGS represent they are exempt organizations within the meaning of Tax Law §1116(a)(l). Customer is responsible for all charges by its EU which may include certain taxes imposed on the EU. Customer's proof of exemption from sales tax is this Electricity Sales Agreement and any related Confirmation.

10. Notices. All notices which may be given in connection with the Agreement shall be in writing and sent to the party's address set out in the applicable confirmation. Notice is effective upon delivery to the other party by US Mail or e-mail.

11. Disclaimer of Warranties. CUSTOMER ACKNOWLEDGES AND AGREES THAT NO WARRANTY, DUTY, OR REMEDY, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, IS GIVEN OR INTENDED TO ARISE OUT OF THIS AGREEMENT

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EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, AND SELLER SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE.

12. Information disclosure: Customer information collected and maintained by OGS may be subject to disclosure under the Freedom of Information Law, or other applicable State or Federal law.

13 . Uniform Commercial Code: The Office of General Services and Customer agree that, where not inconsistent with this agreement, the provisions of Article Two of the Uniform Commercial Code apply.

14. Entire Agreement. This Agreement, which includes any related Confomation, contains the entire understanding of the parties with respect to the subject matter contained herein. There are no promises, covenants or understanding other than those expressly set forth herein. This Agreement may only be amended by a written instrument executed by both Parties. Any modification to the Confirmation must be accepted and agreed to in writing by Customer.

This Agreement is binding upon the parties hereto and their respective successors and legal assigns. No partial performance, delay or failure on OGS ' part to enforce any right under this Agreement shall constitute a waiver of such right.

IN WITNESS WHEREOF, the parties hereto agree to the terms and conditions of this Agreement, and agree to be bound by the same, and represent that their signatories have complete authority to sign and accept this Agreement.

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CONTRACT NUMBER: ______

Agency Certification In addition to the acceptance of this contract. 1 also certify that the duplicate originals of this signature page wil l be attached to the duplicate originals of this contract to be filed with the Office of the State Comptroller for review and approvaJ .

THE PEOPLE OF THE STATE OF NEW YORK

By------Date: ------Name: Brian C. Matthews Title: Chief Financial Officer, New York State Office of General Services

THE CITY OF ROME

By______Date: ______Name: JACQUELINE M. IZZO Title: Mayor, City of Rome City of Rome, Federal ID Number 15-6000414 198 N. Washington Street, Rome, New York 13440

APPROVED AS TO FORM: APPROVED: LETITIA JAMES THOMAS P. DINAPOLI Attorney General State Comptroller

By ______By ______Date ------Date ------

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STATE OF NEW YORK: : SS.: COUNTY OF ------On the __ day of ______in the year 2020, before me personally appeared: Jaqueline M. Izzo, known to me to be the person who executed the foregoing instrument, who, being duly sworn by me did depose and say that she resides at ______City of Rome, County of Oneida, State of New York; that she is the Mayor, City of Rome, New York , the municipal corporation described in said instrument; that, by authority of the Legislature of said City, she is authorized to execute the foregoing instmment on behalf of the City for purposes set forth therein; and that, pursuant to that authority, she executed the foregoing instrument in the name of and on behalf the City of Rome, New York as the act and deed of said municipal corporation.

Notary Public

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