CITY COUNCIL AGENDA THURSDAY, APRIL 4, :00 P.M. City Council Chambers- The Hurley Building 205 Saltonstall St., Canandaigua, NY 14424

Transcription

1 CITY COUNCIL AGENDA THURSDAY, APRIL 4, :00 P.M. City Council Chambers- The Hurley Building 205 Saltonstall St., Canandaigua, NY City Council: Ellen Polimeni, Mayor Nick Cutri, Councilmember Ward I Bob Palumbo, Councilmember Ward II Karen White, Councilmember Ward III Renée Sutton, Councilmember Ward IV Robert O Brien, Councilmember-at-Large James Terwilliger, Councilmember-at-Large Steve Uebbing, Councilmember-at-Large David Whitcomb, Councilmember-at-Large John Goodwin, City Manager Rob Richardson, Assistant City Manager Nancy Abdallah, City Clerk/Treasurer Terence Robinson, Corporation Counsel Public Hearings: CDBG Grant Project Status Nolan s on the Lake 1. Pledge of Allegiance 2. Roll Call 3. Review of Community Core Values: As residents, city staff and appointed & elected officials of the City of Canandaigua, our decisions and actions will be guided by these core values: Responsive; Participatory Governance; Caring & Respect; Integrity; Heritage; Stewardship; and Continuous Improvement. 4. Approval of Minutes: February 7, 2019 March 7, Recognition of Guests: Richard Dick Gates, Parks Supervisor 6. Committee Reports: Planning/Development Committee held April 2 nd, next meeting: Tuesday, May 7 th Environmental/Parks Committee held March 12 th, next meeting: Tuesday, April 9 th Ordinance/PUD Committee held March 19 th, next meeting: Tuesday, April 16 th Finance/Budget Committee held March 27 th, next meeting: Tuesday, April 23 rd

2 7. Resolutions: Resolution # : Resolution # : Resolution # : Resolution # : Resolution # : Resolution # : Resolution # : Resolution # : Resolution # : Resolution # : A Resolution Recognizing and Thanking Parks Supervisor Richard Dick Gates for His 38 Years of Service to the City of Canandaigua A Resolution Approving Coda s Canine Blessings Box at Canandaigua Canine Campus A Resolution Adopting the City of Canandaigua s Storm Water Management Plan A Resolution Authorizing the Creation of Canandaigua Local Development Corporation, Inc. A Resolution Authorizing a Performance Contract with SmartWatt for the Lighting at the Water Treatment Plant A Resolution Authorizing the Purchase of a Fingerprint Scanner A Resolution Creating Liens Upon Certain City Properties for Water and Sewer Fees, Solid Waste Collection Fees and Code Enforcement and Fire Inspection Arrears A Resolution Authorizing the Purchase of Sanitary Pipe Materials A Resolution Authorizing the Purchase of Hydrant and Valve Materials A Resolution Authorizing the Purchase of Miscellaneous Hydrant and Valve Materials 8. Ordinances: 9. Local Laws: 10. Manager's Report: 11. Appointments: 12. Miscellaneous: 13. Adjournment

3 RESOLUTION # A RESOLUTION RECOGNIZING AND THANKING PARKS SUPERVISOR RICHARD DICK GATES FOR HIS 38 YEARS OF SERVICE TO THE CITY OF CANANDAIGUA WHEREAS, Richard Dick Gates has served the City of Canandaigua since March 19, 1981 as the Parks Supervisor at the Department of Public Works and celebrated his retirement on March 31, 2019; and WHEREAS, during his 38+ years Dick has ensured that the natural beauty of our parks was displayed and the resources of the City were constantly protected by the effective operation of his parks department; and WHEREAS, during his tenure Dick has happily greeted and helped anyone who visited our parks as well as the Hurley Building; and WHEREAS, Dick has served under seven City Managers, four Mayors, and twenty City Councils; and WHEREAS, during his distinguished career Dick has performed his duties with dedication and professionalism, and has won the respect and admiration of the community, his peers and coworkers; NOW, THEREFORE, BE IT RESOLVED, that City Council, on behalf of the residents of the City of Canandaigua, does hereby recognize and thank Richard Dick Gates for his 38+ years of dedicated service to the City of Canandaigua and wishes him many happy years of retirement. ADOPTED this 4 th day of April, ATTEST: Nancy Abdallah City Clerk/Treasurer

4 RESOLUTION # A RESOLUTION APPROVING CODA S CANINE BLESSINGS BOX AT CANANDAIGUA CANINE CAMPUS WHEREAS, Kaelyn Smith, a local Girl Scout from Troop 40315, is in the early stages of earning her Girl Scout Gold Award- the most prestigious and difficult to earn honor for Girl Scouts; and WHEREAS, the recognition requires the young woman to identify an issue she cares about in the community and develop a plan to solve and implement a solution, as well as educate and inspire other Girl Scouts and members of the community about the chosen cause; and WHEREAS, Kaelyn approached the City about establishing a Pet Blessing Box at Canandaigua Canine Campus; and WHEREAS, similar to a Noah s Blessing Box, it would allow people to donate items, such as toys, leashes, and food to those who need it in the community; and WHEREAS, part of the project requires Kaelyn to develop a plan to keep the box sustainable to ensure the box is maintained long after she goes to college, and this plan must be in place in order to receive the Gold Award; and WHEREAS, City Council must approve the installation of Coda s Canine Blessing Box as Canandaigua Canine Campus is a City park; and WHEREAS, this proposal was reviewed and approved at the March 12 th Environmental/Parks Committee meeting; NOW, THEREFORE, BE IT RESOLVED, City Council hereby approves the installation of Coda s Canine Blessings Box at Canandaigua Canine Campus. ADOPTED this 4 th day of April, ATTEST: Nancy Abdallah City Clerk/Treasurer

5

6

7

8

9

10 RESOLUTION # A RESOLUTION APPROVING AND ADOPTING THE CITY OF CANANDAIGUA S STORM WATER MANAGEMENT PLAN WHEREAS, The National Pollutant Discharge Elimination System (NPDES) MS4 permit, which the City operates under, requires permittees to develop and implement a comprehensive Storm Water Management Program (SWMP); and WHEREAS, the SWMP must include pollution prevention measures, treatment or removal techniques, monitoring, use of legal authority, and other appropriate measures to control the quality of storm water discharged to the storm drains and thence to waters of the United States; and WHEREAS, the City has completed its SWMP plan and its ready to be adopted, however it must first be approved by City Council; and WHEREAS, this plan was reviewed and approved at the March 12 th Environmental/Parks Committee Meeting; NOW, THEREFORE, BE IT RESOLVED, that City Council hereby approves and adopts the City of Canandaigua s Storm Water Management Plan substantially the same form as attached hereto. ADOPTED this 4 th day of April, ATTEST: Nancy Abdallah City Clerk/Treasurer

11 City of Canandaigua, NY STORMWATER MANAGEMENT PROGRAM PLAN S P D ES I D: N Y R 20A 5 45 NYSDEC REGION 8 City of Canandaigua 2 N. Main Street Canandaigua, NY (585)

12 TABLE OF CONTENTS INTRODUCTION... 4 MINIMUM CONTROL MEASURE #1, PUBLIC EDUCATION and OUTREACH... 6 Description of Minimum Control Measure... 6 General Permit Requirements... 6 Methodology for Compliance with Permit Requirements... 7 Goals... 8 Minimum Required Reporting... 8 MINIMUM CONTROL MEASURE #2, PUBLIC INVOLVEMENT & PARTICIPATION... 9 Description of Minimum Control Measure... 9 General Permit Requirements... 9 Methodology for Compliance with Permit Requirements... 9 Goals Minimum Required Reporting MINIMUM CONTROL MEASURE #3, ILLICIT DISCHARGE DETECTION & ELIMINATION Description of Minimum Control Measure General Permit Requirements Methodology for Compliance with Permit Requirements Goals Minimum Required Reporting MINIMUM CONTROL MEASURE #4, CONSTRUCTION SITE STORMWATER RUNOFF CONTROL Description of Minimum Control Measure General Permit Requirements Methodology for Compliance with Permit Requirements Goals Minimum Required Reporting MINIMUM CONTROL MEASURE #5, POST CONSTRUCTION STORMWATER MANAGEMENT Description of Minimum Control Measure General Permit Requirements Methodology for Compliance with Permit Requirements Goals Minimum Required Reporting MINIMUM CONTROL MEASURE #6, POLLUTION PREVENTION & GOOD HOUSEKEEPING Description of Minimum Control Measure General Permit Requirements

13 Methodology for Compliance with Permit Requirements Goals Minimum Required Reporting

14 Executive Summary INTRODUCTION This Stormwater Management Program Plan (SWMPP) describes the actions that the City of Canandaigua will take to reduce pollution discharged through storm sewers to waters of the State of New York. Municipalities are regulated due to their location within a densely populated region. Based on the 2010 census, the City of Canandaigua is a regulated, traditional land use, small MS4, located within an urbanized area. Regulated municipalities are authorized to discharge stormwater by the New York State Department of Environmental Conservation s (NYSDEC s) State Pollution Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s)(GP , as amended, included in Appendix A, hereafter referred to as the General Permit ). This permit requires each MS4 to develop, implement, and enforce a SWMPP that addresses the Pollutants Of Concern (POC) and reduces the discharge of pollutants from the small MS4 to the Maximum Extent Practicable (MEP), to protect water quality, and to satisfy the appropriate water quality requirements of the Environmental Conservation Law and Clean Water Act. As required, this MS4 submitted a Notice of Intent (NOI) to the NYSDEC on October 9th, The NYSDEC acknowledged the receipt of the completed NOI and the City was authorized and covered under the SPDES General Permit. Pollution prevention and remediation activities are described in this SWMPP as being part of one of the following Minimum Control Measures (MCMs): No. 1, Public Education and Outreach No. 2, Public Involvement/Participation No. 3, Illicit Discharge Detection and Elimination No. 4, Construction Site Runoff Control No. 5, Post-construction Stormwater Management No. 6, Pollution Prevention/Good Housekeeping for Municipalities This SWMPP details the Best Management Practices (BMPs) that will or have been implemented to maintain compliance with the General Permit and achieve pollutant reduction to the MEP. BMPs are implemented by multiple organizations within the City of Canandaigua area. The City has for many years worked in conjunction with the Canandaigua Lake Watershed Council, Canandaigua Lake Watershed Association and Canandaigua Lake Watershed Commission on initiatives to protect water quality in the Canandaigua Lake watershed. Those efforts are now an important part of this SWMPP. 4

15 General Information and Requirements The City of Canandaigua is located within Ontario County, New York. The City is at the northern end of Canandaigua Lake and has a total area of approximately 4.8 square miles. Land use within the City is primarily low-density residential, with smaller areas of high-density residential and commercial districts. The goal of this SWMPP is to reduce the discharge of pollutants from the City s small MS4 to the MEP in order to protect water quality and to satisfy the appropriate water quality requirements of the Environmental Conservation Law and the Clean Water Act. This SWMPP was written in accordance with the NYSDEC s SPDES General Permit. 5

16 MINIMUM CONTROL MEASURE #1, PUBLIC EDUCATION and OUTREACH All material related to this MCM is included in Appendix J. Description of Minimum Control Measure The Public Education and Outreach MCM consists of BMPs that focus on the development of educational materials designed to inform the public about the impacts that stormwater discharges have on local water bodies. The educational materials contain specific actions as to how the public, as individuals or collectively as a group, can participate in reducing pollutants and their impact on the environment. The Public Education and Outreach program and BMPs, in combination, are expected to reach all of the constituents within the MS4 s permitted boundary. The target pollutant sources are construction site runoff, impacts from new and re-development projects, and illicit discharges. General Permit Requirements Identify POCs, waterbodies of concern, geographic areas of concern, and target audiences. POC: The primary POC for this SWMPP is sediment and the associated nutrient load. Sources of sediment and nutrients include stream bank erosion, construction site runoff, and residential site runoff. Phosphorus is the leading chemical POC, as it has been traced to the development of blue-green algae (cyanobacteria) concentrations within Canandaigua Lake. Waterbodies of concern: Canandaigua Lake is the primary waterbody of concern for this Plan; it is the source of drinking water for approximately 70,000 people. Lake Ontario is a secondary level waterbody of concern for this plan. There are several tributaries which feed into Canandaigua Lake, which are sources of agricultural activity associated nutrient rich runoff. One of these, Sucker Brook, runs directly through the City of Canandaigua. The City of Canandaigua partners with the Canandaigua Lake Watershed Council and the Canandaigua Lake Watershed Association to address the protection of water quality within the Canandaigua Lake watershed. The Canandaigua Lake outlet ultimately discharges to Lake Ontario, a major waterbody which serves many purposes and is important to multiple States and portions of Canada. Geographic areas of concern: Given the condensed size of the City of Canandaigua there isn t great practical value in breaking the City up into different geographic areas. The City does naturally divide into two areas; one which drains into Canandaigua Lake and one that drains into the Canandaigua Lake outlet. While the area that drains into the outlet does not directly affect the water quality of Canandaigua Lake, the outlet flows ultimately to Lake Ontario, so protecting this stormwater from pollution is no less important than protecting the stormwater flows that directly reach Canandaigua Lake. Therefore, for the purposes of this plan the entire City is treated as one geographic area. 6

17 Target Audience: The City of Canandaigua will target contractors, residents, municipal staff, school students and various community organizations. Methodology for Compliance with Permit Requirements The Stormwater Management Officer (SMO), in conjunction with the Canandaigua Lake Watershed Council, Canandaigua Lake Watershed Association, and the City of Canandaigua Environmental Conservation Board are responsible for the implementation of this MCM. To accomplish this they will: Communicate the requirements of the General Permit directly to building permit applicants when they apply for a permit. Educate contractors in regards to erosion control practices during pre-construction meetings and site compliance inspections. Provide contractors and construction site operators with information on trainings available through local groups, NYSDEC, and other involved agencies and organizations. Give presentations on topics such as improved site design, green infrastructure, and low impact design to interested groups when the opportunity arises. All team members implementing this MCM will provide brochures and handouts to all members of the community. The team will also continue to develop new brochures and newsletters to provide the public with up to date information. The Development Office will provide applicants with information regarding their construction site runoff control requirements along with their application package. (Erosion and Sediment Control Permit Application) Education Information is provided on the various team members Websites: City of Canandaigua Stormwater Management Program NEED TO ADD THE LINK HERE. Canandaigua Lake Watershed Council Canandaigua Lake Watershed Association City of Canandaigua Environmental Conservation Board NEED A LINK HERE, IF THIS BOARD EXIST In response to complaints, the SMO and other staff will inform the residents on how to properly manage and maintain their particular source of pollution or drainage. Storm Drain Markers. Municipal and local watershed groups utilize volunteer assistance to attach storm drain markers to storm drains. No Dumping Drains to Lake. Billboards Kiosks. Local watershed group maintains kiosks at parks, providing targeted messages about stormwater pollution and illicit discharges. 7

18 Trainings/Conferences. The City of Canandaigua will educate its employees whose responsibilities could potentially impact water quality (e.g., Highway, Parks and Recreation, Building Maintenance, SMO s, inspectors, SWPPP reviewers) on a regular basis. This education includes illicit discharge detection and elimination, post-construction practices, green infrastructure, pollution prevention, good housekeeping, and soil erosion and sediment control. Municipal Meetings: The SMO or other municipal staff will present updates to their governing boards as needed. Goals To raise awareness that polluted stormwater runoff is a significant source of water quality degradation. To motivate the public to utilize BMPs to reduce pollution within the City. To reduce polluted stormwater runoff as a result of increased awareness and utilization of BMPs. Minimum Required Reporting At a minimum, the City of Canandaigua will report on the following items: List education and outreach activities performed and provide any results (number of people attended, amount of materials distributed, etc.). Report on effectiveness of program, BMP and measurable goal assessment. Maintain records of all training activities These elements are covered in the City of Canandaigua MS4 Annual Stormwater reports. Records on training sessions in the City of Canandaigua are on file in the Development Office. 8

19 MINIMUM CONTROL MEASURE #2, PUBLIC INVOLVEMENT & PARTICIPATION All material related to this MCM is included in Appendix K. Description of Minimum Control Measure The Public Involvement and Participation MCM consists of a set of practices that are focused on getting members of the local community involved in the MS4 s municipal stormwater management program. The City of Canandaigua complies with the State open Meetings Law and Local Public Notice requirements for all of its activities. Compliance with State and local public notice requirements will be maintained whenever public participation is sought or required for this SWMPP. These practices are designed to seek public input on the SWMPP and Annual Report accomplishments in addition to describing specific activities that encourage public participation. The target audiences for the public involvement program are individuals and groups that may have an interest in participation in the program, as well as the general public. General Permit Requirements At a minimum, all covered entities must: Comply with State and local public notice requirements when implementing a public involvement or participation in this program. Provide the opportunity for the public to participate in the development, implementation, review and revision of the SWMPP. Identify a Local Stormwater Public Contact. Publicly present the Annual Report. Record, periodically assess and modify as needed measurable goals. Select and implement appropriate public involvement and participation activities to promote the reduction of pollutants and associated stormwater discharges. Methodology for Compliance with Permit Requirements The SMO, in conjunction with the Canandaigua Lake Watershed Council, Canandaigua Lake Watershed Association, City of Canandaigua City Council, and the City of Canandaigua Environmental Conservation Board are responsible for the implementation of this MCM. The City of Canandaigua complies with the State Open Meetings Law when planning the annual report presentation public meetings. The City has designated City Council of Canandaigua meetings to provide the required presentations and serve as the venue for receiving public comment. The Environmental Conservation Board meetings will also provide a venue for public comment. A meeting notice is distributed as a press release within the required timeframe and is also posted along with the annual report on the City of Canandaigua website. contacts are listed on meeting and annual report notices, to allow for public comment. Comments can also be made via on the City of Canandaigua website. 9

20 The City Council sets their meeting schedule at the beginning of every year and releases it to the media as well as posting it on the City of Canandaigua website. The Environmental Conservation Board sets their meeting schedule at the beginning of every year and releases it to the media as well as posting it on the City of Canandaigua website. A Notice of Availability is created and distributed to the media and posted on the City of Canandaigua website every year which includes all the required information about the annual report, annual report presentation public meeting, and how and when to comment. The City of Canandaigua SWMPP will also be permanently posted on the City of Canandaigua website, Stormwater webpage. It will be replaced as it is modified. Archival versions will be on file in the City of Canandaigua Code Enforcement Office. The City of Canandaigua has coordinated efforts with local watershed groups for beautification projects and cleanup days. Goals The City of Canandaigua Final Annual report will remain on the City website for the entire reporting year for public inspection. When a new report is finalized for the next reporting year, previous annual reports are archived on the City website. The City of Canandaigua will continue to hold public meetings to solicit comment on the annual report and provide sufficient notice. The City of Canandaigua will continue to solicit the assistance of the Watershed groups to install permanent storm drain markers on catch basins in the MS4 area. The City of Canandaigua will continue to enforce City Code which requires developers to utilize catch basins that have permanent storm drain markers installed. The City of Canandaigua will post all MCM 1 & 2 educational material on City website. The City of Canandaigua Local Stormwater Public Contact information will be posted on the City website on the dedicated stormwater webpage. Need Link Here Minimum Required Reporting Annual report presentation information (date, time, attendees) or information. Public notices detailing how annual report was made available for comment. Comments received and responses. Report on effectiveness of program, BMP and measurable goal assessment. Elements are covered and reported in the official MS4 Annual Reports, which are made available on-line at the City s Website and in hard copy format within the City Development Office. 10

21 MINIMUM CONTROL MEASURE #3, ILLICIT DISCHARGE DETECTION & ELIMINATION All material related to this MCM is included in Appendix L. Description of Minimum Control Measure The Illicit Discharge Detection and Elimination (IDDE) MCM consists of BMPs that focus on the detection and elimination of illicit discharges into the MS4 storm sewers or directly to the environment. The BMPs describe outfall mapping and updating procedures; the legal authority mechanism that will be used to effectively prohibit illicit discharges; enforcement procedures and actions to ensure that the regulatory mechanism is implemented; the dry weather screening program and procedures for tracing and locating the source of an illicit discharge; procedures for locating priority areas; and procedures for removing the source of the illicit discharge. General Permit Requirements At a minimum, all covered entities must: Develop, implement and enforce a program to detect and eliminate illicit discharges into the MS4. Develop and maintain a map, showing the location of all outfalls and the names and location of all waters of the United States that receive discharges from those outfalls. Field verify all outfall locations. Conduct an outfall reconnaissance inventory, addressing each outfall at least once every five years, with reasonable progress each year. Map new outfalls as they are constructed or newly discovered. Prohibit, through ordinance or other regulatory mechanism, illicit discharges into the storm sewer system and implement appropriate enforcement procedures and actions. Develop and implement a program to detect and address non-stormwater discharges, including illegal dumping, to the system. Inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. Address the categories of non-stormwater discharges or flows as necessary. Develop, record, periodically assess, and modify as needed, measurable goals. Select and implement appropriate IDDE BMPs and measurable goals to ensure the reduction of all POC in stormwater discharges to the MS4. Methodology for Compliance with Permit Requirements Accomplishments: On Monday June 20, 2016 the City of Canandaigua adopted Local Law No.5 of the year 2016, creating Chapter Stormwater Management of the City Code to meet the requirements of the General Permit. 11

22 On Monday June 20, 2016 the City of Canandaigua adopted Local Law No.6 of the year 2016, creating Chapter Illicit Discharge Detection and Elimination of the City Code to meet the requirements of the General Permit. The City of Canandaigua has mapped and inspected the known outfalls within the MS4 area. Inspection files are located at the City of Canandaigua Development Office. The outfall locations are georeferenced in an ArcGIS file. The MS4 Program Manager currently maintains the mapping and inspection database. Goals Using the existing outfall mapping, the City of Canandaigua will conduct an outfall reconnaissance inventory during routine maintenance visits, addressing each outfall at least once every three years, with reasonable progress each year. Maintain a prioritized list of outfalls for inspection, ranked as follows: o Outfalls in which previous inspections indicated evidence of illicit discharge such as dry weather discharge, color, odor, etc. or outfalls in areas where repeated complaints were received. o Outfalls in heavy industrial or commercial areas or construction sites. o Outfalls in environmentally sensitive areas. o Outfalls which directly empty into Canandaigua Lake. o Outfalls in which previous inspections indicated structural deficiencies. The City of Canandaigua SMO will ensure that outfalls are being inspected; and the inspections are documented, and will update outfall mapping forms for all outfalls that have been altered since mapping was established. The City of Canandaigua SMO will periodically review the ordinance and adjust as necessary to maintain compliance with NYSDEC standards and requirements. The City of Canandaigua will update its current inspection plan to detect illicit discharges by conducting routine visual inspections of every mapped outfall. The plan will set criteria for the inspection process. A future goal of the Stormwater Program is to define the drainage areas about each outfall. Having the drainage areas defined is helpful in tracking down illicit discharge sources. The City of Canandaigua SMO will investigate and confirm the source of pollutants when water quality issues arise due to public complaints or by scheduled inspection of outfalls and implement enforcement action per the Local Law to prohibit illicit discharges, activities and connections to separate storm sewer system. The City of Canandaigua SMO will annually update non-stormwater discharge list as necessary such that no exempt stormwater discharge is a substantial contribution of pollutants. o NON-STORMWATER DISCHARGE LIST: Waterline flushing Landscape irrigation Diverted stream flows Discharges from potable water sources Foundation and footing drains Air conditioning condensate Irrigation water 12

23 Water from crawl space and basement sump pumps Lawn watering runoff Water from individual residential car washing De-chlorinated swimming pool and water reservoir discharges Residual street wash water Discharges or flows from fire- fighting activities Any SPDES permitted discharge The Canandaigua Lake Watershed Council has historically installed storm drain markers on existing catch basins. The City of Canandaigua will continue to support and take part in the activities of the Canandaigua Lake Watershed Council. The City of Canandaigua will continue to develop a spreadsheet containing catch basin locations and maintenance history. The City of Canandaigua will continue to inspect and clean catch basins on a rotating basis. The City owns a sewer vacuum truck used to clean catch basins, which will aid in the inspection and cleaning. Through the minimum reporting requirements the City of Canandaigua will document its progress in implementation of BMPs and measurable goals. Minimum Required Reporting Number and percent of outfalls mapped. Number of illicit discharges detected and eliminated. Percent of outfalls for which an outfall reconnaissance inventory has been performed. Status of system mapping. Activities in and results from informing public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. Regulatory mechanism & associated certification that law is equivalent to the State s model IDDE law. Report on effectiveness of program, BMP and measurable goal assessment. These required elements are all covered in the City s MS4 Stormwater Annual Report 13

24 MINIMUM CONTROL MEASURE #4, CONSTRUCTION SITE STORMWATER RUNOFF CONTROL All material related to this MCM is included in Appendix M. Polluted stormwater runoff from construction sites often flows to MS4 storm sewers, and ultimately is discharged into local rivers and streams. Pollutants commonly found in construction site runoff include: Sediment Solids & Sanitary Waste Phosphorus (fertilizer) Nitrogen (fertilizer) Pesticides Oils, & Fuels Concrete Residue/Wash Debris Of the pollutants listed, sediment is usually the main POC. Sources of sedimentation include agriculture, urban runoff, construction, and forestry. Sediment runoff rates from construction sites however are typically 10 to 20 times greater than those of agricultural lands, and 1,000 to 2,000 times greater than those of forest lands. During a short period of time, construction sites can contribute more sediment to streams that can be deposited naturally during several decades. The resulting siltation, and the contribution of other pollutants from construction sites, can cause physical, chemical, and biological harm to our waters. Description of Minimum Control Measure The Construction Site Runoff MCM consists of BMPs that focus on the reduction of pollutants discharged to the MS4 from construction activities that result in a land disturbance of greater than or equal to one acre. Reduction of stormwater discharges from construction activities disturbing less than one acre will be considered if it is part of a larger common plan of development that would disturb one acre or more. This section describes the legal authority mechanism that will be used to require erosion and sediment controls; enforcement procedures and actions to ensure compliance; requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter and sanitary waste; procedures for site plan review which incorporate the consideration of water quality impacts; procedures for receipt and consideration of information submitted by the public; and procedures for site inspection and enforcement of control measures. The stormwater regulations for Construction Site Runoff Control apply to privately-owned and MS4- owned and managed projects. Therefore, the goals described in this section have application to both types of projects. 14

25 General Permit Requirements The General Permit requires an operator of a regulated small MS4 to develop, implement, and enforce a program to reduce pollutants in stormwater runoff within their MS4. The MS4 operator is required at a minimum to: Have an ordinance or other regulatory mechanism equivalent to the NYS SPDES General Permit for Stormwater Discharges from Construction Sites, requiring the implementation of proper erosion and sediment controls, and controls for other wastes, on applicable construction sites. Address stormwater runoff from construction activities that result in a land disturbance of greater than or equal to one acre, and those construction activities that are part of a larger common plan of development that would disturb one acre or more. Include a law or ordinance to require a SWPPP for each applicable land disturbing activity that includes erosion and sediment controls that meet the State s most current technical standards. Have procedures for site plan review of SWPPPs that consider potential water quality impacts and consistency with State and local sediment and erosion control requirements. MS4 must also have trained individuals performing the reviews, all sites of one acre or greater must be reviewed and an MS4 Acceptance Form must be completed. Have procedures of site inspection and enforcement of control measures. Have sanctions to ensure compliance (established in ordinance or other regulatory mechanism). Establish procedures for the receipt and consideration of information submitted by the public (i.e. Complaints). Describe procedures for site inspections and enforcement of erosion and sediment control measures including steps to identify priority sites for inspection and enforcement based on the nature of construction activity, topography, and the characteristics of the receiving waters. Educate construction site owners or operators, design engineers, municipal staff and other individuals to whom these regulations apply about the municipality s stormwater construction requirements. Ensure that construction site operators have received erosion and sediment control training before they do work within the MS4 and maintain records of that training. Establish and maintain an inventory of active construction sites, including the location of the site, owner and operator contact information. Develop, record, periodically assess and modify as needed measurable goals. Determine the appropriate BMPs and measurable goals for this minimum control measure to ensure the reduction of all POCs in stormwater discharges to the MEP. Methodology for Compliance with Permit Requirements The City of Canandaigua has adopted Local Laws for Stormwater Management and Erosion and Sediment Control. (Local Law #5 of 2016 Stormwater Management). This ordinance authorizes the City to enforce a program that reduces pollutant runoff from construction sites. The City is responsible for: Reviewing SWPPPs Inspecting Construction Sites 15

26 Enforcing permit requirements on developers/owners/operators that do not comply with regulations. The City of Canandaigua will also provide information on available training to developers, contractors, and design engineers in order to inform them of the regulations. The City of Canandaigua maintains an inventory of active construction sites, and inactive permitted construction sites. Appendix R Construction Activity Permits. The City periodically reviews and updates the construction permit database. Goals Plan Review Goals: Amend the stormwater law as necessary to maintain the NYSDEC stormwater standards and requirements as defined by the current or any future NYSDEC permits pertaining to stormwater management activities. Maintain, document, and further implement existing procedures for the public to request information, and to relay concerns to the representative of the municipality. Maintain, document, and further implement existing internal tracking and plan review procedures to cover the following issues: o Conformance to local stormwater regulations o Appropriate use of temporary erosion controls o Inclusion of any required local, state, and/or federal stormwater permit documents Provide training for any City representatives that will be completing the construction plan reviews for the City, including planning and zoning boards. Conduct SWPPP review for all sites within the City of Canandaigua where disturbance is one acre or greater to ensure consistency with State and local sediment and erosion control requirements and complete the SWPPP Acceptance Form. Educate the local construction community on the construction plans review process. Follow standard City Approval Process and provide notice to the public that a project will be open for review and comment. Notify owners/operators of local construction sites who are in violation of the standards as defined by the General Construction Permit. Maintain records of plans reviewed and approved under this program. Construction Inspection Goals: Maintain, document, and further implement existing inspection forms and procedures based on the adopted local laws regulating construction sites within the City of Canandaigua that disturb one acre of land or more. Conduct and report on inspection procedures and educational efforts to familiarize City staff and the local construction community with local stormwater regulations relating to construction activities. Maintain, document, and further implement existing internal procedures for tracking new and on-going construction activities. 16

27 Take action against owners and/or operators of local construction sites that are in violation of local construction stormwater regulations using the enforcement regulation outlined in the adopted local laws. Maintain records of construction site inspections, enforcement actions, and corrective actions. Educate municipal staff and the local construction community with regards to local inspection procedures. Inspect and maintain records of all construction sites where one acre of land or more is being disturbed using appropriate inspection procedures and forms to ensure compliance with local stormwater regulations. Minimum Required Reporting At a minimum, the City of Canandaigua will report on the items below: Number of SWPPPS reviewed Number and Type of Enforcement Action Number of Construction sites authorized for disturbance activities of one acre or more Report of effectiveness of program, BMP and measurable goal assessment. These elements are covered in the City of Canandaigua MS4 Annual Stormwater Reports. 17

28 MINIMUM CONTROL MEASURE #5, POST CONSTRUCTION STORMWATER MANAGEMENT All material related to this MCM is included in Appendix N. Post construction stormwater management in areas undergoing new development or redevelopment is required because runoff can significantly affect receiving water bodies. There are generally two forms of substantial impacts of post-construction runoff. The first is caused by an increase in the type and quantity of pollutants in stormwater runoff. As runoff flows over areas altered by development it picks up harmful sediment and chemicals such as oil and grease, pesticides, heavy metals, and nutrients. These pollutants often become suspended in runoff and are carried to receiving waters, such as lakes, ponds and streams. The second kind of post-construction runoff impact occurs by increasing the quantity of water delivered to the water body during storms. Increased impervious surfaces (i.e. Parking lots, driveways, and rooftops) interrupt the natural cycle of gradual absorption of stormwater through vegetation and soil. Description of Minimum Control Measure Post Construction Stormwater Management focuses on the prevention or minimization of water quality impacts from both new and re-development projects that disturb one acre or more. This includes projects less than one acre that are part of a larger common plan of development that discharge into the MS4. The BMPs describe structural and non-structural practices, the legal authority mechanism that will be used to address post construction runoff from new development and redevelopment projects, and procedures to ensure long term operation and maintenance of BMPs. General Permit Requirements The operator of a regulated small MS4 is required to develop, implement, and enforce a program to reduce pollutants in stormwater runoff discharged to their MS4. The MS4 operator is required at a minimum to: Provide protection equivalent to the NYS SPDES General Permit for Stormwater Dischargers from Construction Activities. Address post-construction runoff to the MS4 from new development and redevelopment projects that result in land disturbance activities of greater than or equal to one acre or part of a larger common plan of development. Have an ordinance or other regulatory mechanism requiring the implementation of post construction runoff controls to the extent allowable under State, or Local law and that meets the State s most current technical standards. Develop and implement strategies which include a combination of structural and non-structural BMPs. Have procedures for site plan review of SWPPPs that consider potential water quality impacts and consistency with State and local sediment and erosion control requirements. 18

29 Utilize trained individuals to perform the review of all sites of one acre or greater, and complete the MS4 Acceptance Form when required. Ensure adequate long- term operation and maintenance of post-construction stormwater management practices within the covered entities jurisdiction. Inventory the location of practice, type of practice, maintenance needed per practice, SWPPP, dates and type of maintenance performed. Inspect development and re-development sites, enforce local ordinances, and penalize violators. Review measurable goals, and annually assess and modify as needed. Determine the appropriate BMPs and measurable goals for this minimum control measure. Methodology for Compliance with Permit Requirements The City of Canandaigua has adopted Local Laws for Stormwater Management and Erosion and Sediment Control. (Local Law #5 of 2016 Stormwater Management). The law provides for protection equivalent to the NYS SPDES General Permit for Stormwater Dischargers from Construction Activities. The City of Canandaigua educates and certifies their Code Enforcement Officers to act as SMOs, per City Code. The SMOs are responsible for inspecting sites for proper operation and maintenance. The officers are also tasked with verifying compliance with the permit requirements and enforcing any violations. Goals Post Construction Goals: Amend the stormwater law as necessary to meet the NYS stormwater standards and requirements as defined by the current or any future NYSDEC permits pertaining to stormwater management activities. Maintain, document, and further implement existing inspection program for newly developed and re-developed sites for compliance with post construction regulations. Maintain, document, and further implement existing Stormwater Maintenance Agreements. Complete inspections of existing stormwater structures for adherence to any legal commitment to operate and maintain permanent stormwater quality structures. Complete inspections of designated open space to ensure conformance to local development standards. Train inspection personnel and members of the local construction community on local postconstruction runoff regulations and final inspection procedures. Perform inspections on project sites using adopted inspection forms and procedures to ensure conformance with local post-construction runoff regulations. Pursue enforcement measures against owners and operators of local development projects that are in violation of local post-construction runoff regulations. Maintain, document, and further implement existing tracking procedures to document development projects that are under construction, and those that have been completed and any corrective/enforcement measure that was pursued. Maintain, document, and further implement existing inventory of projects under local postconstruction runoff regulations in accordance with the General Permit. Inspect project sites using inspection forms and procedures to ensure conformance with local post-construction runoff regulations in accordance with the General Permit. 19

30 Minimum Required Reporting At a minimum, the City of Canandaigua will report on the items below: Number of SWPPPS reviewed. Number and Type of Enforcement Action. Number and Type of Post Construction Stormwater Management Practices inventoried. Number and Type of Post Construction Stormwater Management Practices inspected. Number and Type of Post Construction Stormwater Management Practices maintained. Regulatory mechanism status certification that regulatory mechanism is equivalent to the NYSDEC Sample Local Laws for Stormwater Management and Erosion and Sediment Control. Report on effectiveness of program, BMP and Measurable Goal Assessment. These elements are covered under the City of Canandaigua MS4 Annual Stormwater Reports. 20

31 MINIMUM CONTROL MEASURE #6, POLLUTION PREVENTION & GOOD HOUSEKEEPING All material related to this MCM is included in Appendix O. Description of Minimum Control Measure The Pollution Prevention & Good Housekeeping MCM consists of BMPs that focus on training and the prevention or reduction of pollutant runoff from municipal operations. The BMPs describe: Training programs. Specific municipal operations that are impacted by the proposed operation and maintenance programs. Maintenance, activities, schedules, and long- term inspection procedures for controls to reduce floatables and other pollutants. Controls for reducing or eliminating the discharge of pollutants from streets, roads, highways, municipal parking lots, maintenance and storage yards, waste transfer stations, fleet or maintenance shops with outdoor storage areas, and salt/sand storage locations. Procedures for the proper disposal of waste removed from the MS4 and municipal operations, including dredge spoil, accumulated sediments, floatables and other debris. General Permit Requirements The MS4 operator is required at a minimum to: Develop and implement a pollution prevention/good housekeeping plan for municipal operations and facilities that: o Addresses municipal operations and facilities o Includes a self-assessment of all municipal operations o Determines management practices that will be developed and implemented o Prioritizes pollution prevention and good housekeeping efforts o Addresses pollution prevention and good housekeeping priorities o Includes an employee training program and ensures staff receives training o Requires third party entities to obtain required certification o Incorporate cost effective runoff reduction techniques and green infrastructure o Develop measurable goals. Select and implement appropriate BMPs and measurable goals to ensure the reduction of pollutants of concern in stormwater discharges to the MS4. Adopt techniques to reduce use of fertilizers, pesticides, and herbicides. Methodology for Compliance with Permit Requirements Current Procedures: The City of Canandaigua currently maintains a continuing documented program of street sweeping, roadside swale cleaning and catch basin cleaning. The City of Canandaigua does not utilize fertilizers as part of the green space maintenance at City Parks. 21

32 All used oils and maintenance fluids are disposed of in waste containers, which are picked up and disposed of by a licensed provider. The City of Canandaigua Highway Department has reduced the use of salt during ice and snow removal to decrease the amount of salt entering Canandaigua Lake and associated tributaries. The City of Canandaigua SMOs will continue to facilitate training to municipal personnel. These personnel will be responsible for implementing BMPs in their everyday activities. The City accepts yard-waste and routinely processes it into mulch. The City maintains a facility where industrial activities and materials are completely sheltered from exposure to rain, snow, snowmelt, and runoff. The City shares a recycling Station with the Town of Canandaigua where materials are completely sheltered from exposure to rain, snow, snowmelt, and/or runoff. The recycling station accepts: o Cardboard, card stock o Box board (milk cartons, drink boxes, cereal boxes, etc.) o Newspapers, magazines, junk mail, store flyers o Office paper (white and colored) o Envelopes (manila and white), file folders o Metal: tin & aluminum cans, aluminum pie pans, caps, lids o Glass bottles and jars o Plastic No. 1-7 The City has coordinated efforts with local groups for beautification projects and cleanup days Goals TRAINING Provide training to each member of the City whose work may potentially impact stormwater. For the City of Canandaigua this includes the Highway Department, Parks & Recreation Department, and Water/Sewer Departments. The SMO will annually provide refresher training for employees and provide training to new employees when hired. GREEN SPACE MAINTENANCE Reduce the quantity of landscaping and lawn care waste from City owned facilities through better mowing and landscaping maintenance practices. Report annually on the activities conducted under this program. Maintain an inventory of landscaping and lawn care areas that are owned by the City of Canandaigua. Evaluate current landscaping and lawn care activities in order to identify opportunities to reduce the discharge of the following: o Fertilizers o Leaf litter and tree trimmings o Litter and floatable materials o Equipment fluids o Ensure that proper litter collection is scheduled prior to any mowing activities. 22

33 Evaluate methods for containing and/or composting trimmings and grass clippings. Consider alternative landscape techniques (i.e. nature-scaping landscaping with native plants to reduce water, energy, and chemical usage; xeriscaping landscaping with native and drought resistant plants to reduce irrigation needs). Plant trees away from sewer lines or other underground utilities. Establish monitoring program to promptly identify problems with vegetation. Establish a maintenance program to accomplish the following: Minimize/eliminate fertilizer application. Leave grass clippings on lawn. Mow with sharpened blades set at or higher than 3 inches. Rinse grass from lawn care equipment on permeable (grassed) areas. The City of Canandaigua Parks Maintenance Supervisor will annually review monitoring and maintenance program and revise as necessary. VEHICLE/EQUIPMENT MAINTENANCE Maintain vehicles owned by City of Canandaigua according to manufacturer's specifications and identify and eliminate significant vehicle fluid leaks. Conduct routine maintenance on all vehicles according to manufacturer's specifications. During routine maintenance of City owned vehicles, inspect vehicles for the presence of fluid leaks. Schedule repairs for vehicles determined to have significant fluid leaks. Maintain vehicle maintenance records and document fluid leak repair activities. Conduct maintenance indoors whenever possible. For maintenance performed outside, guard against spillage of materials that could discharge to storm receivers. Clean up spilled materials immediately, using dry methods. Maintain oil/water separators when necessary. Use non-hazardous cleaners. Use non-chlorinated solvents instead of chlorinated solvents. Use steam cleaning/pressure washing instead of solvents for parts cleaning. Store batteries in leak proof, compatible (i.e. non-reactive) containers. Maintain an inventory of municipal owned vehicles. Require municipal vehicle operators to conduct daily inspections of vehicles to check for fluid leaks. Review vehicle inspection and maintenance records to evaluate conformance to vehicle manufacturer service specifications and local stormwater program requirements. VEHICLE/EQUIPMENT WASHING City of Canandaigua owned vehicles and equipment are washed in a manner to prevent discharge of pollutants to the municipal storm sewer system or local water bodies. Inspect floor drain systems regularly use only those that discharge to a sanitary sewer or those that are permitted by the regulatory agency. Identify the need for cleaning of catch basins, oil/water separators. 23

34 Use minimal amounts of biodegradable soap only if wastewaters will discharge to a sanitary sewer system. Rinse with hoses that are equipped with automatic shutoff devices and spray nozzles. Steam clean (without soap) where wastes can be captured for proper disposal (i.e. oil/water separator). BUILDING MAINTENANCE Conduct building maintenance activities such that they do not impact the stormwater systems and local water bodies. Maintain a list of the maintenance activities required inside and outside of each municipal building, and identify which activities have an impact on stormwater. Implement mitigation measures for each activity that impacts stormwater. Annually review the mitigation measures for each activity and revise as necessary. HAZARDOUS AND WASTE MATERIALS MANAGEMENT Prevent the discharge of hazardous (lube oils, coatings and their components, anti- freeze, cleaning agents and fuels) and waste materials from impacting municipal stormwater systems and local water bodies. The City Working Supervisors (streets, parks, public utilities and central garage) and the Water Resource Recovery Facility chief operator and the Water Treatment Plant chief operator will: o Maintain an inventory of existing hazardous and waste materials and their storage locations. o Plan for proper storage of hazardous and waste materials that are not currently stored properly. o Implement plan for proper storage of all hazardous and waste materials. o Repair or replace any leaking/defective containers, and replace labels as necessary. o Maintain caps and/or covers on containers. o Maintain space for inspection of products/wastes. o Ensure that all materials are stored in closed, labeled containers if stored outside, drums should be placed on pallets, away from storm receivers inside storage areas should be located away from floor drains. o Eliminate floor drain systems that discharge to storm drains, if possible. o Use a pretreatment system to remove contaminants prior to discharge. o Use the least toxic material (i.e. non- hazardous) to perform the work. o Install/use secondary containment devices where appropriate. o Recycle materials if possible, or ensure proper disposal of wastes. o Annually inspect material storage areas (inside and outside). o Annually inspect cleaning of oil/water separators by qualified contractor. o Annually inspect stormwater discharge locations (for contaminants, soil staining, plugged discharge lines). ROADWAY MAINTENANCE Assess roadway maintenance activities and modify procedures to reduce stormwater quality impacts. 24

35 The City s streets working supervisor plan street maintenance operations so that they will: o Pave in dry weather only. o Stage road operations and maintenance activity (patching, potholes) to reduce spillage. Cover catch basins and manholes during this activity. o Clean up fluid leaks or spills from paving equipment/materials immediately. o Restrict the use of herbicides/pesticide application to roadside vegetation. o Sweep and vacuum paved roads and shoulders as necessary to remove debris and particulate matter. o Maintain roadside vegetation; select vegetation with a high tolerance to road salt. o Identify alternative maintenance practices that would reduce the discharge of road materials during construction or maintenance activities (e.g. repairing leaking/defective containers or equipment on paving equipment). o Revise roadway maintenance specifications according to identified alternative practices. o Maintain records of road maintenance activities and the use of alternative maintenance practices. o Incorporate preventive maintenance in planning for regular operations & maintenance activities. o Evaluate roadway maintenance program annually and revise roadway maintenance specifications according to identified alternative practices. ROAD SALT STORAGE AND APPLICATION Provide proper storage and application of road salt to reduce the impact of salt on plants, aquatic life, and the local water bodies. The City s streets working supervisor will: o Train operators on environmental hazards of over-salting roads. o Identify areas particularly susceptible to contamination in the MS4 area. o Use covered facility for salt storage, sized properly for seasonal needs. o Store salt on highest ground elevation to mitigate contact with stormwater. o Calibrate salt spreaders as necessary. o Consider alternative deicing materials (i.e. calcium chloride, magnesium chloride). o If possible, use a wetting agent with salt to minimize bouncing during application. o Unload salt deliveries directly into storage facility, or if not possible, move inside immediately. o Inspect salt storage shed for leaks, other problems. Repair as needed. o Inspect salt piles for proper coverage. o Inspect salt application equipment. o Inspect salt regularly for lumping or water contamination. o Inspect surface areas for evidence of runoff salt stains on ground near and around the salt shelter, loading area, or down slope. o Inspect for excessive amounts of salt on roads. o Inspect equipment to verify proper operation. Service trucks and calibrate spreaders regularly to ensure accurate, efficient distribution of salt. CATCH BASIN AND STORM DRAIN SYSTEM CLEANING 25

36 Reduce sediment and floatable material discharges by routinely cleaning municipal catch basins and stormwater inlet structures. The City s streets working supervisor will: o Identify areas where catch basins, surface inlets, and/or storm sewer manholes should be periodically cleaned to reduce discharge of floatable materials, sediment, and other materials. o Prioritize storm drain systems and catch basins (e.g. catch basins on steep grades may need more frequent cleaning). o Develop a schedule for inspection and cleaning of inlet structures, catch basins, and manholes. o Inspect catch basins, (below grade) storm sewer systems, and open ditches for need of maintenance or cleaning. o Clean catch basins when depth of deposits is greater than one-third to bottom of pipe. o Storm event inspection identify pollution problems (i.e. sediments). o Post storm event inspection identify problems (i.e. blockage). o Evaluate the catch basin cleaning schedule on an annual basis. o Increase frequency of cleaning as necessary. o Repair/replace storm drain receiver and catch basin receiver grates as necessary. o Maintain slope of drainage ditches. o Maintain vegetation in drainage ditches by cutting (to capture sediment). o Remove obstacles/ debris from drainage ditches. o After excavation /ditch scraping, reseed ditch. NEW CONSTRUCTION AND LAND DISTURBANCE In order to comply with the City s construction and post-construction minimum control measures. The City s Department of Public Works supervisors will: o Provide education material and training opportunities to the municipal work crews to inform them of the local, state, and/or federal regulations that will impact their projects. o Plan the construction and/or land clearing activities so that soil is not exposed for long periods of time. o Minimize impervious cover. o Maximize opportunities for infiltration. o Install erosion & sediment control devices before disturbance takes place. o Avoid grading large areas all at once. Limit grading to small areas. o Stabilize site to protect against sediment runoff. o Maintain native vegetation. o Inspect erosion and sediment controls devices. o Inspect erosion and sediment controls devices during (and after) rain, storm, and snow melt events. STREET CLEANING AND MAINTENANCE Develop requirements for the sweeping of streets and roadways in order to reduce the amount of sediment and associated pollutants discharged to the MS4 from roadways. 26

37 The City s streets working supervisor will: o Identify the type of roadways that should be swept to remove sediment and other pollutants. o Perform operations such as paving in dry weather only. o Maintain records of streets that have been cleaned. o Adjust sweeping schedules according to program needs.o Maintain roadside vegetation; select plants/trees that can withstand the action of road salt and direct runoff to these areas. Minimum Required Reporting Identify municipal operations and facilities that will be considered for inclusion in the program Description of Pollution Prevention and Good Housekeeping program priorities. Description of management practices and policies to be developed. Identification of staff and equipment available. Description of employee Pollution Prevention and Good Housekeeping training program, begin training, report on number of trained staff. Description of development management practices. Program Implementation Describe the management practices, policies and procedures that have been developed and report on the following items: Acres of parking lot swept Miles of street swept Number of catch basins inspected and cleaned Post-construction control stormwater management practices inspected and cleaned Staff training events and number of trained staff Report on effectiveness of program 27

38 RESOLUTION # A RESOLUTION AUTHORIZING THE CREATION OF CANANDAIGUA LOCAL DEVELOPMENT CORPORATION, INC. WHEARAS, City Council has identified an opportunity to enhance the economic development of the Greater Canandaigua community by partnering with the Town of Canandaigua and the Canandaigua Chamber of Commerce to form a Local Development Corporation under New York State Not-for-Profit Law 1411; and WHEARAS, the purposes of such Local Development Corporation would be attracting new and retaining existing business, relieving and reducing unemployment, promoting and enhancing employment opportunities, instructing or training individuals to improve or develop skills, conducting scientific research to attract or retain business, and lessening the burdens of government and acting in the public interest in the Greater Canandaigua area; and WHEARAS, in furtherance of the purposes stated above the Local Development Corporation shall have the authority to engage in any of the following activities: 1. To construct, acquire, rehabilitate and improve for use by others retail, industrial, commercial, recreation and manufacturing plants and facilities in the territory in which its operations are principally to be conducted, to assist financially in such construction, acquisition, rehabilitation and improvement, to maintain such plants and facilities for others in such territory; to disseminate information and furnish advice, technical assistance and liaison with federal, state and local authorities with respect thereto; 2. To acquire by purchase, lease, gift, bequest, devise or otherwise real or personal property or interest therein; 3. To borrow money and to issue negotiable bonds, notes and other obligations therefore; 4. To sell, lease, mortgage or otherwise dispose of or encumber any such plants or any of its real or personal property or any interest therein upon such terms as it may determine; 5. In connection with loans from New York State and United States government agencies, to enter into covenants and agreements and to comply with all the terms, conditions and provisions thereof, and otherwise to carry out its corporate purposes and to foster and encourage the location or expansion of retail, industrial, commercial, recreational or manufacturing facilities in the territory in which the operations of such corporation are principally to be conducted, and 6. To do all and everything suitable for the accomplishment of any of the foregoing purposes; including but not limited to retail loans and assistance to retail businesses.

39 WHEARAS, City Council has reviewed the proposed Certificate of Incorporation and proposed Bylaws for the Local Development Corporation; and WHEARAS, City Council has determined that the creation of the proposed Local Development Corporation will be in the best interests of the Town of Canandaigua and its residents; NOW THEREFORE BE IT RESOLVED, that City Council of the City of Canandaigua hereby authorizes the creation of Canandaigua Local Development Corporation, Inc.; and BE IT FURTHER RESOLVED, that City Council hereby authorizes and directs the filing of the proposed Certificate of Incorporation with the New York State Secretary of State; and BE IT FURTHER RESOLVED, that the City Council hereby authorizes, directs, and approves the adoption of the proposed Bylaws; and BE IT FURTHER RESOLVED, that the Corporation Counsel is hereby directed to work with the Town of Canandaigua attorney to take such steps as are necessary to incorporate the Local Development Corporation; and BE IT FURTHER RESOLVED, that City Council is hereby directed to forward copies of this Resolution to the Town Board of the City of Canandaigua, the Board of Directors of the Canandaigua Chamber of Commerce, and the Board of Directors of Canandaigua LDC, Inc., once established. ADOPTED this 4th day of April, ATTEST: Nancy Abdallah City Clerk/Treasurer

40 DRAFT (3/13/19) BYLAWS OF CANANDAIGUA LOCAL DEVELOPMENT CORPORATION, INC. INDEX OF ARTICLES: ARTICLE I. ARTICLE II. ARTICLE III. ARTICLE IV. ARTICLE V. ARTICLE VI. ARTICLE VII. NAME AND OFFICES PURPOSES MEMBERS BOARD OF DIRECTORS OFFICERS PROHIBITION AGAINST SHARING IN CORPORATE EARNINGS MISCELLANEOUS ARTICLE I. NAME AND OFFICES A. NAME. The name of the Corporation shall be CANANDAIGUA LOCAL DEVELOPMENT CORPORATION, INC. B. OFFICES. The principal offices of the Corporation shall be located at 113 S. Main Street, Canandaigua, New York and at such other locations as the Board of Directors shall designate. ARTICLE II: POWERS & PURPOSE OF THE CORPORATION A. PURPOSES. The Corporation is organized and exists under 1411 of the New York State Not-for-Profit Law and is authorized to engage in any activity to pursue the purposes set forth therein. Specifically, the purposes for which the corporation is formed are the public purposes of: attracting new and retaining existing business to the greater 1

41 DRAFT (3/13/19) Canandaigua region, relieving and reducing unemployment; promoting and enhancing employment opportunities; instructing or training individuals to improve or develop skills; conducting scientific research to attract or retain business; and lessening the burdens of government and acting in the public interest in the Town and City of Canandaigua, New York. B. In furtherance of the purposes stated above, the Corporation shall have the authority to engage in any of the following activities: 1. To construct, acquire, rehabilitate and improve for use by others retail, industrial, commercial, recreation and manufacturing plants and facilities in the territory in which its operations are principally to be conducted, to assist financially in such construction, acquisition, rehabilitation and improvement, to maintain such plants and facilities for others in such territory; to disseminate information and furnish advice, technical assistance and liaison with federal, state and local authorities with respect thereto; 2. To acquire by purchase, lease, gift, bequest, devise or otherwise real or personal property or interest therein; 3. To borrow money and to issue negotiable bonds, notes and other obligations therefore; 4. To sell, lease, mortgage or otherwise dispose of or encumber any such plants or any of its real or personal property or any interest therein upon such terms as it may determine; 5. In connection with loans from New York State and United States government agencies, to enter into covenants and agreements and to comply with all the terms, conditions and provisions thereof, and otherwise to carry out its corporate purposes 2

42 DRAFT (3/13/19) and to foster and encourage the location or expansion of retail, industrial, commercial, recreational or manufacturing facilities in the territory in which the operations of such corporation are principally to be conducted, and 6. To do all and everything suitable for the accomplishment of any of the foregoing purposes; including but not limited to retail loans and assistance to retail businesses. C. PROHIBITIONS. The Corporation shall be prohibited from the following activities: 1. From providing compensation to any of its board members or officers who serve as employees of the City and/or Town of Canandaigua. 2. From borrowing money and/or issuing bonds, notes and other obligations that are guaranteed, or could be assumed, by the City and/or Town of Canandaigua. 3. From the use of eminent domain to acquire real property. D. TRANSPARENCY. The Corporation shall maintain transparency in all its activities to the greatest extent practicable. ARTICLE III: MEMBERS The Members of the Corporation shall be: The Town of Canandaigua, represented by the Town Board, the City of Canandaigua, represented by the City Council, and the Canandaigua Chamber of Commerce, represented by the Chamber Board. Consent of Members shall be by majority vote of their respective governing bodies: Town of Canandaigua, Town Board; City of Canandaigua, City Council; Chamber of Commerce, Chamber Board of Directors. ARTICLE IV: BOARD OF DIRECTORS The Corporation shall be managed by its Board of Directors. 3

43 DRAFT (3/13/19) A. NUMBER OF DIRECTORS. The Board of Directors shall consist of five (5) voting directors and three ex-officio non-voting members. The following individuals shall serve as ex-officio non-voting members of the Board of Directors: (1) Town Manager of the Town of Canandaigua; (2) City Manager of the City of Canandaigua; (3) Executive Director of the Canandaigua Chamber of Commerce. B. QUALIFICATION OF DIRECTORS. Each Director shall be at least nineteen (19) years of age, and must either reside in, or have a business interest in the City of Canandaigua or the Town of Canandaigua. C. APPOINTMENT OF DIRECTORS. The Town Board of the Town of Canandaigua shall appoint two (2) directors one (1) of which is an elected member of the Town Board; the City Council of the City of Canandaigua shall appoint two (2) directors one (1) of which is an elected member of the City Council; and the Board of Directors of the Canandaigua Chamber of Commerce shall appoint one (1) director from its Board of Directors. D. TERM OF DIRECTORS. The term of each appointment to the Board of Directors shall be three (3) years. No director shall serve more than three (3) consecutive terms. To stagger Board enrollment, the initial terms of the inaugural board will be the following, with 3-year terms thereafter: Elected City Council Member: City Council Appointee: Elected Town Board Member: Town Board Appointee: Chamber Board Member: First term 1 year First term 2 years First term 1 year First term 2 years First term 3 years E. REMOVAL/TERMINATION OF DIRECTORS. A director shall be automatically terminated by death or when a director moves his or her residence from, or no longer 4

44 DRAFT (3/13/19) has a business interest in, the City or Town of Canandaigua without action or approval of the Board of Directors. A director appointed as the elected official of the Town or City, shall be terminated at the end of their elected term in office and a director appointed by the Chamber shall be terminated at the end of their Chamber Board service, without action or approval of the Board of Directors. A director may be removed for cause, including violation of article 18 of New York General Municipal Law. Failure to attend three (3) consecutive meetings of the Board of Directors shall constitute just cause for the removal of a director when approved by two-thirds majority vote of the Board of Directors. F. QUORUM OF DIRECTORS. A majority of the entire Board of Directors shall constitute a quorum for the transaction of business or of any specified item of business. A majority of the directors present, whether or not a quorum is present, may adjourn any meeting to another time and place. Notice of the adjournment shall be given all directors who were absent at the time of the adjournment and, unless such time and place are announced at the meeting, to the other directors. G. ACTION OF THE BOARD. Unless otherwise required by law, the vote of a majority of the Board of Directors present at the time of the vote, if a quorum is present at the time of such vote, shall be the act of the Board of Directors. Each voting director present shall have one (1) vote. H. PLACE AND TIME OF BOARD MEETINGS. The Board of Directors may hold its meetings at any place within the Town or City of Canandaigua. The Board of Directors shall hold at least one (1) meeting per month unless otherwise decided by the Board of Directors. 5

45 DRAFT (3/13/19) I. SPECIAL MEETINGS OF BOARD OF DIRECTORS. Special meetings of the Board of Directors may be called by directors. The Secretary shall cause a notice of such meeting to be transmitted to all members of the Board of Directors at least seven (7) days but not more than fifty (50) days before the scheduled date of such meeting. Such Notice shall state the date, time, place, and purpose of the meeting and by whom called. J. NOTICE OF MEETINGS; ADJOURNMENT. Regular meetings of the Board of Directors may be held without notice at such time and place as it shall from time to time determine. Special meetings of the Board of Directors shall be held upon notice as stated above. Notice of a meeting need not be given to any director who submits a waiver of notice whether before or after the meeting, or who attends the meeting. K. ACTION BY DIRECTORS WITHOUT A MEETING. Whenever the Board of Directors is required or permitted to take any action by vote, such action may be taken without a meeting by written consent, setting forth the action so taken, signed by all the directors entitled to vote, or by approval of a majority of the Board of Directors. L. CHAIRMAN. At all meetings of the Board of Directors the President of the Board of Directors shall preside as chairman. In the absence of the President the Vice President shall preside as chairman. If neither the President or Vice President is available, the board members present shall select one of their own to preside as temporary chairman. M. EXECUTIVE AND OTHER COMMITTEES. The Board of Directors, by resolution adopted by a majority vote, may designate from among its members an executive committee or other committees. Each such committee shall serve at the pleasure of the Board of Directors. 6

46 DRAFT (3/13/19) ARTICLE V: OFFICERS A. ELECTION; TERM. The Board of Directors shall elect from its voting membership a President, Vice President, Secretary, and Treasurer, and such other officers as it may determine who shall have such duties, powers and functions as hereinafter provided. All officers shall be elected at the annual January meeting of the Board of Directors, or at such other meeting of the Board of Directors and shall hold office for a term of one (1) year. No officer shall be re-elected after serving six (6) consecutive terms. The Secretary may be an ex-officio member of the Board of Directors. B. REMOVAL AND RESIGNATION. Any officer elected by the Board of Directors may be removed by the Board of Directors with or without cause. In the event of the death, resignation, or removal of an officer, the Board of Directors may elect a successor to fill the unexpired term. Any two or more offices may be held by the same person, except the offices of President and Treasurer. C. PRESIDENT. The President shall be the Chief Executive Officer of the Corporation. The President shall preside at all meetings of the Members and of the Board of Directors. The President shall have the general management of the affairs of the Corporation and shall see that all orders and resolutions of the Board of Directors are carried into effect. D. VICE PRESIDENT. During the absence or disability of the President, the Vice President shall have all the powers and duties of the president. The Vice President shall perform such other duties as the Board of Directors shall prescribe. 7

47 DRAFT (3/13/19) E. TREASURER. The Treasurer shall have the care and custody of all the funds and securities of the Corporation and shall deposit said funds in the name of the Corporation in such bank or trust company as the directors may determine. F. SECRETARY. The Secretary shall keep and maintain the minutes of the Board of Directors and the records of the Corporation. G. SURETIES AND BONDS. In case the Board of Directors shall so require, any officer or agent of the Corporation shall execute to the Corporation a bond in such sum and with such surety or sureties as the Board of Directors may direct, conditioned upon the faithful performance of his duties to the Corporation and including responsibility for negligence and for the accounting for all property, funds, or securities of the Corporation which may come into his/her hands. ARTICLE VI: PROHIBITION AGAINST SHARING IN CORPORATE EARNINGS A. All income and earnings of the Corporation shall be used exclusively for its corporate purposes or shall accrue and be paid to the New York job development authority; B. No part of the income or earnings of the Corporation shall inure to the benefit or profit of, nor shall any distribution of its property or assets be made to any member or private person, corporate or individual, or any other private interest, except that the Corporation may repay loans upon majority vote of the Board of Directors; ARTICLE VII: MISCELLANEOUS 8

48 DRAFT (3/13/19) A. CONSTRUCTION. If there shall be any conflict between the provisions of the Certificate of Incorporation filed with the New York State Secretary of State and these bylaws, the provisions of the Certificate of Incorporation shall govern. B. AMENDMENTS. These bylaws may be adopted, amended or repealed by the Board of Directors, with the exception of Article VII. paragraph C below, upon a majority vote of the entire Board of Directors at a regular or special meeting. Before these bylaws may be amended each Member must consent in writing. C. DISSOLUTION. The corporation is dissolved upon a majority vote of the Members. Upon the dissolution of the Corporation, the Board of Directors shall, after paying or making provisions for the payment of all the liabilities of the Corporation, dispose of all of the assets of the Corporation exclusively for the purposes of the Corporation in such manner, as the Board of Directors shall determine. Any of such assets not so disposed of shall be disposed of by the Supreme Court of Ontario County exclusively for such purposes or to such organization or organizations which are organized and operated exclusively for such purposes, as said Court shall determine. The foregoing Bylaws are hereby adopted by majority vote of the Board of Directors of CANANDAIGUA LOCAL DEVELOPMENT CORPORATION, INC. ON, 2019 Director: AYE NAY Director: AYE NAY Director: AYE NAY Director: AYE NAY Director: AYE NAY 9

49 DRAFT (3/13/19) The adoption of the foregoing Bylaws was approved by the Town Board of the Town of Canandaigua by Resolution # on, 2019 The adoption of the foregoing Bylaws was approved by the City Council of the City of Canandaigua by Resolution # on, 2019 The adoption of the foregoing Bylaws was approved by the Board of Directors of the Canandaigua Chamber of Commerce by Resolution # on, 2019 Adopted by the Board of Directors and signed by its President on the day of, 2019: ATTEST: President of the Board of Directors Secretary of the Board of Directors 10

50 RESOLUTION # A RESOLUTION AUTHORIZING A PERFORMANCE CONTRACT WITH SMARTWATT FOR THE LIGHTING AT THE WATER TREATMENT PLANT WHEREAS, the City has been working with SmartWatt on a project to purchase and convert the streetlights throughout the City to LED, which includes certain energy efficiency upgrades (HVAC and lighting) at various City facilities (Police Station, Fire Station 1, City Hall); and WHEREAS, as part of its work, SmartWatt reviewed and recommended certain upgrades at the Water Treatment Plant including HVAC and lighting, but these projects could not be included in the performance contract that included the street lights and other City facilities as they would cross funds (General Fund and Water Fund); and WHEREAS, in order for to have a performance contract for work at the Water Treatment Plant projects must provide enough savings to support the capital costs over a twenty-year period without any support from the General Fund projects; and WHEREAS, SmartWatt has reviewed the Water Treatment Plant projects and determined that there are sufficient savings to complete a performance contract for the lighting (converting lights to LED), but the HVAC upgrades, which are needed regardless due to the age of the current systems and recent failures, did not meet the guidelines for a performance contract; and WHEREAS, as SmartWatt will be upgrading the lighting in other City facilities which offers efficiencies and lowers the administrative burden and the lighting project at the meets the requirements of a performance contract, Staff recommends authorizing a performance contract with SmartWatt for the lighting at the Water Treatment Plant; and NOW, THEREFORE, BE IT RESOLVED, that City Council hereby authorizes the City Manager to enter into a performance contract with SmartWatt for upgraded lighting at the Water Treatment Plant for a total not to exceed $60,000. ADOPTED this 4th day of April, ATTEST: Nancy Abdallah City Clerk/Treasurer

51 ENERGY PERFORMANCE CONTRACT AGREEMENT THIS ENERGY PERFORMANCE CONTRACT AGREEMENT (this Agreement ) is made and effective [ ] (the Effective Date ), by and between City of Canandaigua ( Owner ), with an address at 2 North Main Street, Canandaigua, NY 14424, and SMARTWATT ENERGY, INC. ( SmartWatt ), with an address at 3 Rosell Drive, Ballston Lake, New York Owner and SmartWatt are sometimes referred to herein, individually, as a Party, and, collectively, as the Parties. RECITALS A. Owner, a municipality incorporated under the laws of the State of New York, owns and operates certain facilities described on the attached Schedule 1 (the Facilities ), and desires to obtain long-term energy and cost savings in the operation of such Facilities. B. SmartWatt, a New York business corporation, is engaged in the business of and has experience and capabilities in providing energy services, including the design, engineering and installation of energy systems and equipment to improve the energy efficiency of buildings and other facilities. C. SmartWatt, in response to Owner s duly issued and advertised written request for proposals (the RFP ), submitted an Investment Grade Audit (the IGA ) to Owner pertaining to the upgrade and/or replacement of the Facilities; a copy of the RFP is attached hereto as Exhibit A, and a copy of the IGA is attached hereto as Exhibit B. D. Based upon the IGA, Owner now desires to enter into this Agreement with SmartWatt as an Energy Performance Contract pursuant to Article 9 of the New York Energy Law, for the performance of work and services in order to achieve long-term energy and cost savings with respect to the Facilities, which is hereinafter referred to as the Project. NOW, THEREFORE, the Parties agree as follows: ARTICLE I SCOPE AND TERM 1.1 SCOPE OF THE PROJECT. The Project shall consist of two phases: 1) the Construction and Installation Phase, in which the Equipment (as hereinafter defined) will be designed, constructed and/or installed into the Facilities (the Work ), and 2) the Management and Services Phase, in which SmartWatt will provide ongoing energy savings monitoring and reporting services; (the Services ); the full scope of the Work and the Services are set forth and detailed, respectively, on the Scope of Work attached as Schedule 2A, and the Scope of Services attached as Schedule 2B. The Work and the Services also include that work and those services outlined in the IGA, provided, however, that in the event of any conflict between terms of the Scope of Service and the terms of the IGA, the terms of the Scope of Services shall control. City of Canandaigua EPC (Water Supply Facility Only) AMP ID

52 SmartWatt shall be responsible for the professional and technical accuracy of the Work and the Services, whether performed by SmartWatt or by subcontractors or others on its behalf CONTRACT DOCUMENTS. The contract documents consist of this Agreement and those attachments incorporated hereto as the Schedules and Exhibits listed below, Modifications and Change Orders issued after the execution of this Agreement and any other documents enumerated or described in the Agreement, Schedules or Exhibits (the Contract Documents ). A Modification or Change Order is a written amendment to this Agreement signed by both Parties. Exhibit A City of Canandaigua RFP Exhibit B City of Canandaigua IGA (WSF Lighting) Exhibit C Certificate of Substantial Completion Schedule 1 Facilities Schedule 2A Scope of Work Schedule 2B Scope of Services Schedule 2C Training Program Schedule 3 Work Schedule Schedule 4 As-Built Documentation Schedule 5 Energy Savings Schedule Schedule 6A Scope of Work Schedule of Values Schedule 6B Scope of Services Schedule of Values 1.2 TERM. The term of this Agreement (the Term ) shall commence on the Effective Date, and, unless sooner terminated in accordance with the terms hereof, shall continue for a period of ten (10) years from the Services Commencement Date (as hereinafter defined), but subject to the termination rights provided in Sections RIGHT TO PARTIAL TERMINATION. At any time following the first (1 st ) anniversary of the Services Commencement Date, and upon at least thirty (30) days prior written notice to SmartWatt, Owner shall have the right to terminate non-required Services set forth on Schedule 2B. If Owner so elects to partially terminate, all of the thenapplicable terms and provisions of this Agreement shall continue in full force and effect, except that the Services Fee shall be modified to eliminate those fees ascribed to the terminated Services as set forth on Schedule 6B. ARTICLE II THE WORK 2.1 CONSTRUCTION AND INSTALLATION OF THE WORK. Subject to the other provisions of this Agreement, SmartWatt will act as a turn-key design-builder assuming total responsibility for the design, procurement of labor and materials for the improvements to the City of Canandaigua EPC (Water Supply Facility Only) AMP ID

53 Facilities, and the installation and start-up of the energy efficiency equipment (the Equipment ), as set forth in and in accordance with the Scope of Work CONSTRUCTION SCHEDULE. The Construction and Installation Phase will commence upon either the issuance by Owner of a written notice to proceed or the written agreement of the Parties fixing such commencement date. The performance of the Work shall be carried out and proceed in accordance with the schedule (the Work Schedule ) attached as Schedule 3. The Work Schedule may be amended from time to time by the mutual written consent of the Parties due to changes in the Work or other events affecting the completion of the Work STATUTORY COMPLIANCE. In the performance of the Work, including the installation of the Equipment, SmartWatt shall, and shall require all of its contractors, subcontractors, and all subcontractors under them to, as applicable, comply with the requirements of all applicable statutes and regulations. Without limiting the foregoing, SmartWatt shall otherwise give all notices and comply with all laws and ordinances legally enacted at the date of execution of the Agreement that govern the proper performance of the Work PERMITS AND APPROVALS. SmartWatt shall be responsible for obtaining all necessary permits and approvals for the Work, including the installation of the Equipment, and shall pay any and all permit fees. Owner shall use its best efforts to assist SmartWatt in obtaining all such necessary permits and approvals. The Equipment and the operation of the Equipment by SmartWatt shall conform to all federal, state and local code requirements in effect at the time of installation. SmartWatt shall furnish copies of each permit or license that is required to perform the Work to Owner before SmartWatt commences the portion of the Work requiring such permit or license PERFORMANCE. Owner and SmartWatt shall coordinate the activities associated with the installation of the Equipment by SmartWatt with any work or installations of Owner, its employees and agents. SmartWatt shall not commit or permit any act that will materially interfere with the performance of business activities conducted by Owner or its employees without prior written approval of Owner, which shall not be unreasonably withheld, and provided that the Work Schedule shall be modified by the mutual written consent of the Parties if the Owner requires SmartWatt to delay or resequence the Work in order to accommodate the Owner s operations. SmartWatt shall perform all of the Work in such a manner so as not to harm the structural integrity of the Facilities or their operating systems. SmartWatt shall repair and restore to its original condition any area of damage caused by SmartWatt's performance under this Agreement. Owner reserves the right to review the Work and to direct SmartWatt to take corrective action if, in the reasonable opinion of Owner, the structural integrity of the Facilities or its systems is or will be harmed. All costs associated with such corrective action to damage caused by SmartWatt's performance of the Work shall be borne by SmartWatt. In addition, SmartWatt shall be responsible for the professional and technical accuracy of all Work performed, whether by its own forces or by its subcontractors or others on its behalf. SmartWatt is responsible for general broom cleaning, and shall, to the fullest extent City of Canandaigua EPC (Water Supply Facility Only) AMP ID

54 practicable, at all times keep the Facilities clean and free of debris, rubbish and dust. At the completion of the Work, SmartWatt shall remove from the worksite all construction equipment, tools, surplus materials, waste materials and debris. 2.2 DESIGN AND CONSTRUCTION DOCUMENTS. Drawings, specifications, and other documents, including those in electronic form, furnished or utilized by SmartWatt are instruments of service (the Instruments of Service ). SmartWatt shall retain all common law, statutory and other reserved rights, including copyrights in the Instruments of Service. Drawings, specifications, and other documents and materials and electronic data are furnished for use solely with respect to the Project SmartWatt grants to Owner a non-exclusive license to reproduce and use the Instruments of Service solely in connection with the Project, provided that Owner shall comply with all obligations, including prompt payment of sums when due. Owner shall not assign or transfer any license herein to another party without prior written agreement of SmartWatt. Any unauthorized reproduction or use of the Instruments of Service by Owner or others shall be at Owner s sole risk and expense without liability to SmartWatt, and its design professionals. Termination of this Agreement due to the default of Owner shall terminate this license. If this Agreement is terminated for any reason other than the default of Owner, Owner shall have a non-exclusive license to use the Instruments of Service for the completion, use, expansion, replacement and/or maintenance of the Project. Submission or distribution of SmartWatt s documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the rights reserved here Notwithstanding anything contained in this Agreement to the contrary, the Parties acknowledge and agree that SmartWatt s AMP program, which is a management tool utilized by SmartWatt in the performance of its obligations hereunder and will not be incorporated into any aspect of the Work, shall not be deemed an Instrument of Service, and Owner shall have no license or other rights whatsoever with respect to this proprietary software program of SmartWatt SmartWatt shall prepare and submit to Owner final marked up as-built drawings to the extent and as set forth in the attached Schedule WARRANTIES SmartWatt warrants that all materials and equipment furnished under the Construction and Installation Phase of this Agreement will be new unless otherwise specified, of good quality, in conformance with the Scope of Work and all documents associated therewith, and free from defective workmanship and materials. Warranties with respect to the Work, or applicable portion of the Work, as the case may be, shall commence on the date of Substantial Completion thereof (as hereinafter defined). SmartWatt agrees to correct all Work that is defective in workmanship or materials within a period of one (1) year from the date of Substantial Completion, or such longer periods of time as may be set forth with respect to specific warranties required hereunder. City of Canandaigua EPC (Water Supply Facility Only) AMP ID

55 2.3.2 SmartWatt shall collect, deliver, and, to the extent permissible, assign all manufacturers warranties and Equipment manuals to Owner. There are no warranties that extend beyond the description on the face of any such warranty EXCEPT AS SET FORTH IN SECTIONS AND 2.3.2, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. 2.4 SAFETY OF PERSONS AND PROPERTY. SmartWatt shall endeavor to avoid injury, loss or damage to persons or property by taking reasonable steps to protect: a) its employees and other persons at the worksite, and b) and materials, supplies and equipment stored at the worksite for use in performance of the Work. SmartWatt shall also oversee the safety precautions and programs of its subcontractors and suppliers at the worksite. 2.5 HAZARDOUS MATERIALS A Hazardous Material is any substance or material identified now or in the future as hazardous under any federal, state or local law or regulation, or any other substance or material which may be considered hazardous or otherwise subject to statutory or regulatory requirements governing handling, disposal and/or clean-up. SmartWatt shall not be obligated to commence or continue the Work until all Hazardous material discovered at the Project site has been removed, rendered or determined to be harmless by Owner as certified by an independent testing laboratory approved by the appropriate government agency If after the commencement of the Work, Hazardous Material is discovered at the Project site, SmartWatt shall be entitled to immediately stop Work in the affected area. SmartWatt shall report the condition to Owner and, if required, the government agency with jurisdiction. Owner shall be responsible for retaining any independent testing laboratory to determine the nature of the materials encountered and whether it is a Hazardous Material requiring corrective measures and/or remedial action. Such measures shall be the sole responsibility of Owner, and shall be performed in a manner minimizing any adverse effects upon the Work. SmartWatt shall resume Work in the area affected by any Hazardous Material only upon written agreement between the Parties after the Hazardous Material has been removed or rendered harmless and only after approval, if necessary, of the governmental agency or agencies with jurisdiction SmartWatt shall not be required to perform any Work relating to or in the area of Hazardous Material without written mutual agreement If SmartWatt incurs additional costs and/or is delayed due to the presence or remediation of Hazardous Material, SmartWatt shall be entitled to an equitable adjustment in compensation and/or the Work Schedule. City of Canandaigua EPC (Water Supply Facility Only) AMP ID

56 2.5.5 To the extent not caused by the negligent acts or omissions of SmartWatt, or its subcontractors or suppliers, and their agents, officers, and employees of each of them, Owner shall defend, indemnify and hold harmless SmartWatt, its subcontractors, suppliers, and their agents, officers and employees, from and against any and all claims, damages, penalties, losses, expenses, and other liabilities, including attorney s fees, arising out of or relating to the performance of the Work in any area affected by Hazardous Material During the performance of the Work, SmartWatt shall be responsible for the proper handling of all materials brought by it to the worksite. On and after the Services Commencement Date, Owner shall be responsible under this provision for materials and substances brought to the site by SmartWatt if such materials or substances are required by the Contract Documents The terms of this Section 2.5 shall survive the completion of the Work and/or any termination of this Agreement. 2.6 SYSTEMS START-UP AND TRAINING Upon Substantial Completion of the Work, with the assistance of Owner s personnel, SmartWatt shall direct the checkout of Equipment and start-up operations, and adjusting and balancing of Equipment and for readiness. SmartWatt shall also secure required certificates of inspection, testing or approval and deliver them to Owner SmartWatt shall conduct the training program described in Schedule 2C. The training specified in Schedule 2C shall be completed prior to acceptance of the Work, which acceptance shall not be unreasonably delayed by Owner. 2.7 SUBSTANTIAL COMPLETION/FINAL COMPLETION Substantial Completion means that stage in the progress of the Work when the Work, or designated portion thereof, is sufficiently complete in accordance with this Agreement so that Owner can occupy or utilize the Work or designated portion thereof for its intended use. Upon Substantial Completion, the Parties shall execute a Certificate of Substantial Completion fixing the date of Substantial Completion and listing all unfinished items of Work, in substantially the form attached hereto as Exhibit C Final Completion means the point when all of the Work is fully and finally complete in accordance with the requirements of this Agreement. ARTICLE III THE SERVICES 3.1 COMMENCEMENT OF THE SERVICES. The date of the commencement of SmartWatt s obligations under the Management and Services Phase (the Services Commencement Date ) shall be the date that: (i) all portions of the Work have achieved Substantial Completion, and (ii) the systems start-up and training obligations under Section 2.6 have been City of Canandaigua EPC (Water Supply Facility Only) AMP ID

57 completed SmartWatt s obligations under the Management and Services Phase shall thereafter continue until the conclusion of the Term or any earlier termination of this Agreement. 3.2 THE SERVICES During the Management and Services Phases SmartWatt shall perform those Services set forth in and in accordance with the Scope of Services. Without limiting the foregoing, SmartWatt shall perform and carry out the duties and obligations set forth below in this Section For each year of the Term after the Services Commencement Date, SmartWatt shall provide Owner with an annual energy savings guarantee reconciliation report ( Savings Reconciliation Report ) that calculates annual energy savings according to the Energy Savings Methodologies defined in Schedule 5 (the Energy Savings Schedule ). SmartWatt will explain any variations between annual energy savings and estimated energy savings. The Savings Reconciliation Report shall initially be submitted by SmartWatt to Owner in draft form. SmartWatt and Owner agree to use their best efforts to resolve any discrepancies in the draft Report as soon as possible and to arrive at mutually acceptable Report. SmartWatt and Owner will indicate their acceptance of the Report by signing at the end thereof. 3.3 GUARANTEED ENERGY SAVINGS Within ninety (90) days of its receipt from Owner of all information required pursuant to Section , SmartWatt shall prepare and provide to Owner the Savings Reconciliation Report in accordance with Section The Savings Reconciliation Report shall fully describe and explain any variations between annual energy savings and estimated energy savings Beginning twelve (12) months following the Services Commencement Date, and for each twelve (12) month period within the Term thereafter, where the energy savings, as calculated using the method defined in the Energy Savings Schedule, are less than the Guaranteed Energy Savings specified in the Energy Savings Schedule, SmartWatt agrees to pay to Owner the difference between the Guaranteed Energy Savings and the sum of the actual energy savings as calculated. SmartWatt will make any such savings guarantee payment within ninety (90) days of the date of the Owner s acceptance of the Savings Reconciliation Report pursuant to Section EQUIPMENT SERVICE AND MODIFICATION Owner shall not move, remove, modify, alter, or change the Equipment or any part thereof ( Alterations ) in any way without the prior written approval of SmartWatt, except in the event of a bona fide emergency where it is not reasonably possible to notify SmartWatt before carrying out Alterations. In the event of such an emergency, Owner shall take reasonable steps to protect the Equipment from damage or injury, shall follow any City of Canandaigua EPC (Water Supply Facility Only) AMP ID

58 instructions for emergency action provided in advance by SmartWatt, and shall notify SmartWatt within three (3) business days of such emergency. Any telephonic notice of such emergency shall be followed within one (1) business day by written notice to SmartWatt from Owner. Owner agrees to maintain the Facilities in good repair and to protect and preserve all portions thereof that may in any way affect the operation or maintenance of the Equipment In the event that any actions of Owner, including but not limited to the carrying out of Alterations, affect the performance of the Equipment, the Guaranteed Energy Savings shall be adjusted to reflect the impact of such actions. If Owner unreasonably delays in notifying SmartWatt of changes resulting from an emergency and/or Owner does not receive written approval to carry out Alterations, all Guaranteed Energy Savings obligations of SmartWatt under Section 3.3 and elsewhere in this Agreement shall automatically cease and be of no further force or effect At all times during the Term, SmartWatt shall have the right, subject to Owner's prior written approval, which approval shall not be unreasonably withheld, to change the Equipment or any related energy automation management systems, revise any procedures for the operation thereof, and/or implement other energy saving actions in the Facilities, provided that: (i) such modifications are necessary, in SmartWatt s reasonable judgment, to enable SmartWatt to achieve the Guaranteed Energy Savings at the Facilities, and (ii) any cost incurred relative to such modifications, additions or replacement of the Equipment, or operational changes or new procedures shall be the responsibility of SmartWatt. All such modifications, additions or replacements of the Equipment or revisions to operating or other procedures shall be described in a supplemental schedule to be provided to Owner. ARTICLE IV OWNER S RESPONSIBILITIES 4.1 INFORMATION AND SERVICES PROVIDED BY OWNER The Owner shall provide full information in a timely manner regarding requirements for the Project, including: All available information regarding the physical characteristics of the site, including surveys, site evaluations and existing conditions; Inspection and testing services during construction as required by law or as mutually agreed; and As a condition precedent to SmartWatt s obligations under Section 3.3, Owner shall provide SmartWatt with complete energy usage information and energy-using equipment information, as requested by SmartWatt. This information will include, but not be limited to: City of Canandaigua EPC (Water Supply Facility Only) AMP ID

59 a) Copies of all utility and fuel bills for the Facilities; for the two years prior to the Services Commencement Date and ongoing throughout the Term. b) Direct access, by telephone modem or other reasonable means installed at SmartWatt's expense, to any and all energy management systems or building automation systems installed in or used in connection with the Facilities, with permission granted to SmartWatt to download any and all information from these systems and to store such information for the Term; c) Permission to install, at SmartWatt's expense, add-on devices to any and all utility and energy use meters, to enable SmartWatt to directly observe Facility utility usage, with permission granted to SmartWatt to download any and all information from these systems and to store such information for the Term; d) Permission, as an agent of Owner, to obtain and utilize any and all energy usage information from any and all utilities or energy suppliers providing service to the Facilities, with permission granted to SmartWatt to download any and all information from these systems and to store such information for the Term. In connection herewith, Owner agrees to execute such permission or authorization forms, which utilities or energy suppliers may from time to time require to release such information to SmartWatt; and e) Copies of any and all energy-using equipment repair orders or invoices for repairs or maintenance work not subject to the direct control of SmartWatt Failure by Owner to provide the information required in this Section 4.1 or otherwise comply with its obligations under this Agreement in timely fashion, will suspend the Energy Savings Guarantee described in the Energy Savings Schedule until the information is provided. The failure of Owner to provide this information within ninety (90) days of the end of the applicable annual period shall be deemed a material breach of this Agreement in accordance with Section 7.2.1(d) hereof. 4.2 RESPONSIBILITIES DURING THE WORK The Owner shall review the Work Schedule as set forth in Section 2.1.1, timely approve any milestone dates set forth and timely respond to its obligations If the Owner becomes aware of any error, omission or failure to meet the requirements of this Agreement or any fault or defect in the Work, the Owner shall give prompt written notice to SmartWatt The Owner s representative is John Goodwin. The representative shall: be fully acquainted with the Work; agree to furnish the information and services required of the Owner so as City of Canandaigua EPC (Water Supply Facility Only) AMP ID

60 not to delay SmartWatt s Work; and shall have authority to bind the Owner in all matters requiring the Owner s approval, authorization or written notice. If the Owner changes its representative or the representative s authority as listed above, the Owner shall notify SmartWatt in advance. ARTICLE V COMPENSATION AND PAYMENT 5.1 COMPENSATION FOR THE WORK For the performance of the Work, and all obligations in connection therewith under this Agreement, Owner agrees to pay SmartWatt the following sum (the Work Price ): Sixty Thousand Six Hundred Four and 00/100 Dollars ($60,604.00). A detailed Work Schedule of Values, setting forth the breakdown of the total Work Price, is attached hereto as Schedule 6A Based upon itemized applications for payment submitted to Owner by SmartWatt during the Construction and Installation Phase, Owner shall make payment to SmartWatt of the Work Price as follows: The period covered by each application for payment shall be one calendar month ending on the last day of the month. Owner shall make payment pursuant to such application to SmartWatt not later than fifteen (15) days after receipt of the application for payment Each application for payment shall provide such detail and back-up information or data as Owner may reasonably require, and shall be based upon the Work completed and materials stored on site and/or at locations approved by Owner in its reasonable discretion for the period ending on the last day of the applicable month. The Work Schedule of Values shall be used in establishing percentages of completion in payment applications Final payment, constituting the entire unpaid balance of the Work Price, shall be made by Owner to SmartWatt within fifteen (15) days of the date of Final Completion Payments due and unpaid shall bear interest from the date due at the legal rate prevailing from time to time at the place where the Project is located. 5.2 COMPENSATION FOR THE SERVICES The services described in Schedule 2B are included at no additional cost for this scope of work. City of Canandaigua EPC (Water Supply Facility Only) AMP ID

61 ARTICLE VI CHANGES IN THE WORK Changes in the Work or Services which are within the general scope of this Agreement, and which are not minor changes in the Work or Services as described in Section 6.2, may be accomplished without invalidating this Agreement by Change Order. 6.1 CHANGE ORDERS SmartWatt may request or the Owner, without invalidating this Agreement, may order changes in the Work or Services within the general scope of this Agreement consisting of adjustment to the Work Price and/or Services Fee, respectively, or the Work Schedule. All such changes in the Work shall be authorized by applicable Change Order The Owner and SmartWatt shall negotiate in good faith an appropriate adjustment to the Work Price, Services Fee or the Work Schedule and shall conclude these negotiations as expeditiously as possible. Acceptance of the Change Order and any adjustment in the Work Price, Services Fee or Work Schedule shall not be unreasonably withheld. 6.2 MINOR CHANGES IN THE WORK. SmartWatt may make minor changes in the design and construction of the Work consistent with the intent of this Agreement which do not involve an adjustment in the Work Price or Services Fee or the Work Schedule, so long as such changes do not materially and adversely affect the Work, the quality of the materials or equipment specified herein, the performance of any materials, equipment or systems specified herein, or the quality of the workmanship required by this Agreement. 6.3 DETERMINATION OF COST. An increase or decrease in the Work Price or Services Fee resulting from a change in the scope of the Work or Services shall be determined by one or more of the following methods: unit prices set forth in this Agreement or as subsequently agreed; a mutually accepted, itemized lump sum; or if an increase or decrease cannot be agreed upon as set forth in Section 6.1, the adjustment in the Work Price or Services Fee shall be determined by the reasonable expense and savings of the performance of the Work resulting from the change. If there is a net increase in the Work Price or Services Fee, then a reasonable adjustment shall be made for SmartWatt s overhead and profit. In the case of a net decrease in cost, the amount of the decrease in the Work Price or Services Fee shall not include reduction for overhead and profit. 6.3 CHANGES AFFECTING THE GUARANTEED ENERGY SAVINGS. The Parties acknowledge that changes that negatively or positively affect the scope of the Work will City of Canandaigua EPC (Water Supply Facility Only) AMP ID

62 necessarily affect the Guaranteed Energy Savings set forth in Section 3.3. Change Order documents containing such scope changes shall also delineate the corollary Guaranteed Energy Savings adjustments. 6.4 UNKNOWN CONDITIONS. If in the performance of the Work SmartWatt finds latent, concealed or other conditions which materially differ from the conditions SmartWatt reasonably anticipated, or if the physical conditions are different from those normally encountered and generally recognized as inherent in the kind of work provided for in this Agreement, then the Work Price shall be equitably adjusted by a Change Order within a reasonable time after the conditions are first observed. SmartWatt shall provide Owner with written notice within a reasonable time. 6.5 EMERGENCIES. In any emergency affecting the safety of persons or property, SmartWatt shall act, at its discretion, to prevent threatened damage, injury or loss. Any change in the Work Price, Services Fee or Work Schedule on account of such emergency work shall be determined as provided in this Article. 6.6 CHANGES IN LAW. In the event any changes in laws or regulations affecting the performance of the Work are enacted after the date of this Agreement, the Work Price, the Services Fee or the Work Schedule shall be equitably adjusted by Change Order. ARTICLE VII TERMINATION 7.1 TERMINATION BY OWNER FOR CAUSE. Upon thirty (30) days advance written notice to SmartWatt, Owner may terminate this Agreement for Cause (as hereinafter defined) if after giving SmartWatt written notice of such Cause, SmartWatt fails to cure the same within thirty (30) days following receipt of such notice or, if such cure cannot reasonably be effected within thirty (30) days, such cure is undertaken within such time period and is thereafter continued diligently until completion For purposes of this Agreement, Cause shall mean the occurrence of any of the following: a. Any material failure on the part of SmartWatt to perform or comply with the terms and conditions of this Agreement; or b. The commencement by or on behalf of SmartWatt of any voluntary or involuntary case or matter relating to or associated with the U.S. Bankruptcy Code, or for liquidation, reorganization, or an arrangement pursuant to any other U.S. or state bankruptcy Laws, or SmartWatt being adjudicated a debtor or declared bankrupt or insolvent under the U.S. Bankruptcy Code, or any other U.S. Federal or state laws relating to bankruptcy, insolvency, City of Canandaigua EPC (Water Supply Facility Only) AMP ID

63 winding-up, or adjustment of debts, or SmartWatt making a general assignment for the benefit of creditors, or admitting in writing its inability to pay its debts generally as they become due, and/or if a custodian, receiver, trustee or liquidator of SmartWatt, all or substantially all of the assets or business of SmartWatt or of SmartWatt's interest in this Agreement, is appointed in any proceeding If termination occurs during the Construction and Installation Phase, Owner shall be responsible for paying for all Work performed by SmartWatt through the effective date of termination. In the event that SmartWatt is terminated by Owner under this provision and it is later determined that such termination was improper, SmartWatt shall be entitled to the remedies set forth in Section 7.3 below. Notwithstanding the foregoing, Owner may deduct from the amount due to SmartWatt the reasonable cost to Owner of any necessary remediation required with respect to the matters resulting in such termination If termination occurs during the Management and Services Phase, Owner shall be responsible for paying for all reasonable costs and expenses incurred by SmartWatt under Section 3.4 hereof prior to the effective date of termination, but subject to Owner s right to deduct its remediation costs as provided in Section TERMINATION BY SMARTWATT Upon ten (10) days advance written notice to Owner, SmartWatt may, in addition to any other rights or remedies, terminate this Agreement for any of the following reasons: a. If the Work has been stopped for at least thirty-day period under court order or order of other governmental authorities having jurisdiction, or as a result of the declaration of a national emergency or other governmental act during which, through no fault of SmartWatt, materials, supplies, tools, and construction equipment and machinery for the Work are not available; b. If Owner has failed to pay any compensation due to SmartWatt in accordance with this Agreement for a period of thirty (30) days or more; c. If the Work has been suspended for any reason by Owner for a continuous period exceeding sixty (60) days; d. If Owner has materially hindered or delayed SmartWatt in the performance of any of its obligations, or Owner has otherwise has materially breached any covenant, agreement, warranty or representation set forth in this Agreement, if after giving Owner written notice of thereof Owner fails to cure the same within thirty (30) days following receipt of such notice or, if such cure cannot reasonably be effected within thirty (30) days, such cure is undertaken within such time period and is thereafter continued diligently until completion. City of Canandaigua EPC (Water Supply Facility Only) AMP ID

64 7.2.2 Upon such termination, SmartWatt shall be entitled to recover from Owner as provided in Section 7.3. Upon the payment of such sum neither Party shall have any further liability to the other except for those obligations expressly specified in this Agreement to survive its termination. 7.3 TERMINATION BY OWNER WITHOUT CAUSE If Owner terminates this Agreement other than pursuant to Section 7.1, SmartWatt shall be entitled to recover from Owner as follows: (a) (b) (c) If termination occurs during the Construction and Installation Phase, Owner shall be responsible for paying for all Work performed by SmartWatt through the effective date of termination; If termination occurs during the Management and Services Phase, Owner shall be responsible for paying for all reasonable costs and expenses incurred by SmartWatt under Section 3.2 hereof prior to the effective date of termination; After mutual agreement by the Parties via document support, Owner shall pay for all demobilization costs incurred by SmartWatt, and purchase or rental costs incurred by SmartWatt, for any equipment acquired by the SmartWatt in connection with the Work and Services; Owner shall further assume and become liable for obligations, commitments, and unsettled claims that SmartWatt has previously undertaken or incurred in good faith on behalf of the Owner in connection with the Project hereof. 7.4 GUARANTEED ENERGY SAVINGS. Upon the termination of this Agreement pursuant to either Section 7.2 or Section 7.3, all Guaranteed Energy Savings obligations of SmartWatt under Section 3.3 and elsewhere in this Agreement shall automatically cease and be of no further force or effect. ARTICLE VIII INDEMNIFICATION/INSURANCE/BONDING/WAIVERS 8.1 INDEMNIFICATION SmartWatt shall indemnify and hold Owner and its employees harmless from all claims for bodily injury and damage to property that may arise from the performance of the Work or the Services, to the extent caused by the negligent acts or omissions of SmartWatt or anyone for whose acts SmartWatt is liable Owner shall indemnify and hold SmartWatt and its employees harmless from all claims for bodily injury and damage to property (excluding damage for which Owner City of Canandaigua EPC (Water Supply Facility Only) AMP ID

65 assumes the risk of loss) that may arise in connection with the Project to the extent caused by the negligent acts or omissions of Owner or anyone for whose acts Owner is liable. 8.2 SMARTWATT S INSURANCE WORKER S COMPENSATION. At all times during the Term, SmartWatt shall obtain and maintain Worker s Compensation insurance and Employers Liability insurance as required by law COMMERCIAL GENERAL LIABILITY. At all times during the Term, SmartWatt shall obtain and maintain Commercial General Liability Insurance written on an occurrence basis, including contractual liability coverage, broad form property damage including coverage for explosion, collapse and underground hazards, personal injury and advertising insurance coverage, and products and completed operations coverage (for a period of 3 years), with not less than the following limits of liability: Each Occurrence Limit: $ 1,000,000 General Aggregate Limit: $ 2,000,000 Products/Completed Operations Aggregate Limit: $ 2,000,000 Personal and Advertising Injury Limit: $ 1,000,000 Medical Pay: $ 5, AUTOMOBILE LIABILITY. At all times during the Term, SmartWatt shall obtain and maintain Business Automobile Liability Insurance covering owned, non-owned, and hired automobiles, with not less than the following limits of liability: Combined Single Limit Bodily Injury and Property Damage: $ 1,000,000 Each Occurrence PROFESSIONAL LIABILITY. At all times during the Term, SmartWatt shall obtain and maintain professional liability insurance for claims arising from the negligent performance of any professional services under this Agreement, which shall be General Office Coverage, with not less than the following limits: Per claim: $1,000,000 Aggregate: $2,000,000 City of Canandaigua EPC (Water Supply Facility Only) AMP ID

66 8.2.5 EXCESS UMBRELLA. All liability insurance may be arranged under a single policy for the full limits required or by a combination of primary, excess, and/or umbrella liability policies POLICY TERMS. Owner shall be named as an additional insured on all coverage obtained by SmartWatt hereunder, except Workers Compensation coverage, and such policies shall be primary and non-contributory with respect to any liability coverage maintained by Owner. The foregoing policies shall contain a provision that coverage will not be cancelled or not renewed until at least thirty (30) days prior written notice has been given to Owner. Certificates of Insurance showing such coverage to be in force shall be filed with Owner prior to commencement of the Work and the Services. 8.3 OWNER S INSURANCE LIABILITY INSURANCE. Owner shall obtain and maintain its own liability insurance for protection against claims arising out of the performance of this Agreement PROPERTY INSURANCE BUILDER S ALL-RISK. Owner shall obtain and maintain property insurance in a form reasonably acceptable to SmartWatt upon the entire Project, including the Equipment and the Facilities and all other existing structures in which any of the Work is to be performed, as well as all Project structures that are fully or partially owned or occupied by Owner or its affiliates, for the full cost of replacement at the time of any loss. This insurance shall include as insureds Owner, SmartWatt, SmartWatt s subcontractors, and all other subcontractors and suppliers, as their interests may appear. This insurance shall insure against loss from the perils of fire and extended coverage and shall include all risk coverage including at a minimum coverage for theft, vandalism, malicious mischief, inland transit, collapse, temporary buildings, debris removal, flood, earthquake, wind, testing, and damage resulting from defective design, workmanship, or material. Owner shall increase limits of coverage, if necessary, to reflect estimated replacement cost. Owner shall be responsible for all premiums and any co-insurance penalties, exclusions, sublimits, or deductibles PROPERTY INSURANCE. On or before the Services Commencement Date, Owner shall procure and thereafter maintain at all times during the Term, at its sole cost and expense a policy or policies of property damage insurance on all fixtures and improvements and betterments to the Facilities, including the Equipment, against any peril generally included within the classification all risks, including, but not limited to, risks covered by fire, extended coverage, vandalism and malicious mischief, in amounts at least equal to the full replacement cost thereof (without deduction for depreciation). Such coverage shall include boiler and machinery and equipment breakdown insurance. SmartWatt shall be included as an insured on all such policies, as its interests may appear. City of Canandaigua EPC (Water Supply Facility Only) AMP ID

67 8.3.3 POLICIES. Upon SmartWatt s request, Owner shall provide SmartWatt with a copy of all policies including all endorsements thereto. SmartWatt shall be given thirty (30) days prior written notice of cancellation, non-renewal, or any endorsements restricting or reducing coverage LOSS ADJUSTMENT. Any insured loss shall be adjusted with Owner and SmartWatt and made payable to Owner as trustee for the insureds, as their interests may appear, subject to any applicable mortgagee clause. 8.4 WAIVER OF CLAIMS AND SUBROGATION PROPERTY DAMAGE. Owner and SmartWatt waive all claims and other rights they may have against each other for loss of and/or damage to (i) the Project, including the Equipment and Facilities, (ii) all materials, machinery, equipment, and other items used in accomplishing the Work and/or to be incorporated into the Project, while the same are in transit, at the Project site, during erection, and otherwise, and (c) all property owned by or in the custody of Owner and its affiliates, however such loss or damage shall occur, except the rights each Party has to the proceeds of such insurance held by Owner as trustee in accordance with Section WAIVER OF SUBROGATION. Owner and SmartWatt shall have their respective insurers waive all rights of subrogation they may have against one another for claims arising thereunder. If the policies of insurance referred to in this Article VIII require an endorsement to provide for continued coverage where there is a waiver of subrogation, the parties will cause them to be so endorsed MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES. Owner and SmartWatt agree to waive all claims against the other for all consequential damages that may arise out of or relate to this Agreement. This waiver includes, but is not limited to, Owner s loss of use of the Facilities, all rental expenses incurred, loss of services of employees, or loss of reputation, and SmartWatt s loss of business, loss of financing, principal office overhead and profits, loss of profits not related to this Project, or loss of reputation. The provisions of this Section shall survive the termination of this Agreement. 8.5 BONDING Both Performance and Payment Bonds are required of SmartWatt as a condition to the commencement and performance of the Work. Both Bonds shall be issued by a surety or sureties licensed in the State of New York, and must be acceptable to Owner, in its reasonable discretion The Performance Bond shall be issued in the penal sum equal to one hundred (100%) of the Work Price. The Performance Bond shall cover the cost to complete the Work but shall not cover any damages of the type specified to be covered by the insurance procured pursuant to Sections 8.2.2, and 8.2.4, City of Canandaigua EPC (Water Supply Facility Only) AMP ID

68 regardless of whether or not such insurance is provided or is in an amount sufficient to cover such damages The penal sum of the Payment bond shall equal the penal sum of the Performance Bond. ARTICLE IX CASUALTY AND CONDEMNATION 9.1 CASUALTY After the Services Commencement Date, Owner assumes and shall bear the risk of damage, loss, theft, or destruction, partial or complete, of the Equipment and the Facilities (a Casualty Loss ), however arising, except to the extent that the same may be caused by the negligent or willful acts or omission of SmartWatt and is not covered by insurance to be procured pursuant to this Agreement. If Owner fails to repair or replace any Casualty Loss within a reasonable time, and in no event more than one hundred eighty (180) days from its occurrence (except to the extent that the same is the responsibility of SmartWatt in accordance with the foregoing), SmartWatt may, at its option: (i) terminate this Agreement by delivery of a written notice to Owner, and such termination shall be deemed a termination without Cause and will be subject to the provisions of Section 7.3 hereof, or (ii) require Owner to amend this Agreement in a manner that equitably accounts for the loss of such Equipment and/or Facilities In the event of a Casualty Loss caused by the negligent or willful acts or omissions of SmartWatt that is not covered by insurance to be procured pursuant to this Agreement, Owner may require SmartWatt to promptly repair or replace the damaged or destroyed Equipment and/or Facilities, and in the event of SmartWatt s failure to do so, Owner may, at its option: (i) repair or replace such items and recover the reasonable cost thereof from SmartWatt, or (ii) terminate this Agreement for Cause pursuant to Section 7.1 hereof. 9.2 CONDEMNATION In the event of the condemnation resulting in a taking of substantially all of the Facilities, this Agreement shall terminate upon the effective date of such taking, and such termination shall be deemed a termination without Cause in accordance with Section 7.3 hereof, provided, however, that the proceeds of such condemnation shall belong to Owner In the event of a condemnation resulting in a taking of less than substantially all of the Facilities, the Parties shall amend this Agreement in a manner that equitably accounts for the taking. ARTICLE X STANDARD PROVISIONS 10.1 EXECUTORY CLAUSE. This Energy Performance Contract Agreement shall be deemed executory only to the extent of the monies appropriated and available for the purpose of the contract, and no liability on account therefor shall be incurred beyond the amount of such monies. It is understood that neither this contract nor any representation by any public employee City of Canandaigua EPC (Water Supply Facility Only) AMP ID

69 or officer creates any legal or moral obligation to request, appropriate or make available monies for the purpose of the contract NON-ASSIGNMENT. This contract may not be assigned by SmartWatt or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the prior written consent of Owner, and any attempts to assign the contract without the Owner s written consent are null and void. SmartWatt may, however, assign its right to receive payment without the Owner s prior written consent WORKERS COMPENSATION BENEFITS. In accordance with New York General Municipal Law Section 108, This Agreement shall be void and of no force and effect unless SmartWatt shall provide and maintain coverage during the Term for the benefit of such employees as are required to be covered by the provisions of the New York Workers Compensation Law NONDISCRIMINATION. To the extent required by Article 15 of the New York Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, SmartWatt will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national o r i g i n, sexual orientation, age, disability, genetic predisposition or carrier status, or marital status. Furthermore, in accordance with Section 220-e of the New York Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, SmartWatt agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the New York Labor Law, then, in accordance with Section 239 thereof, SmartWatt agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. SmartWatt is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation WAGES AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the New York Labor Law or a building service contract covered by Article 9 thereof, neither SmartWatt s employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the New York State Labor department. In addition, SmartWatt and its subcontractors must pay at least the prevailing wage rate and pay or provided the prevailing supplements, including the premium rates for overtime pay, as determined by the New York State Labor Department in accordance with the Labor Law. City of Canandaigua EPC (Water Supply Facility Only) AMP ID

70 10.6 RECORDS. shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this Agreement (collectively, "the Records"). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. Owner and any other person or entity authorized to conduct an examination, shall have access to the Records during normal business hours at an office of SmartWatt within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the period of time specified above, for the purposes of inspection, auditing and copying Owner shall take reasonable steps to protect from public disclosure any of the Records that are exempt from disclosure under Section 87 of the New York Public Officers Law (the "Statute") provided that: (i) SmartWatt shall timely inform an appropriate Owner s official, in writing, that such Records should not be disclosed, (ii) such Records shall be sufficiently identified, and (iii) designation of such Records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, Owner s right to discovery in any pending or future litigation FEDERAL EMPLOYER IDENTIFICATION SECURITY NUMBER. All invoices or standard Owner vouchers submitted for payment for the sale of goods or services must include SmartWatt s federal employer identification number. Failure to include this number or numbers may delay payment. The authority to request the above personal information and the authority to maintain such information, is found in Section 5 of the Tax Law. Disclosure of this information by SmartWatt is mandatory MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In adherence to the MacBride Fair Employment Principles, if adopted by Owner, SmartWatt hereby stipulates that it either (i) has no business operations in Northern Ireland, or (ii) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles, and shall permit independent monitoring of compliance with such Principles SALES TAX EXEMPTION. Owner shall issue SmartWatt applicable tax exemption certificates to use for the purchase of new equipment/systems for the Owner s benefit to complete the Work. ARTICLE XI GENERAL PROVISIONS 11.1 NOTICE. All notices required under this Agreement shall be in writing and shall be given either by: (i) personal delivery; or (ii) a nationally-recognized overnight delivery service that provides proof of delivery and addressed to the other Party at such Party s address specified below. Such address may be changed by a Party giving notice thereof in accordance with this provision. City of Canandaigua EPC (Water Supply Facility Only) AMP ID

71 To Owner: To SMARTWATT: City of Canandaigua 2 North Main St. Canandaigua, NY Attn: John Goodwin SmartWatt Energy, Inc. 3 Rosell Drive, Ballston Lake, NY Attn: Matthew Sorbero-VP/CII 11.2 INDEPENDENT CAPACITY. The Parties agree that SmartWatt is an independent contractor, and that SmartWatt and its employees and agents, shall act in an independent capacity in the performance of this Agreement, and shall not be construed as officers, employees, or agents of Owner. In addition, this Agreement shall not be construed as creating any partnership or joint venture between the Parties FORCE MAJEURE. If causes beyond a Party s control delay, impair or prevent the performance of any of such Party s obligations hereunder, expressly excepting, however, the payment of money, the time for such performance shall be extended for a reasonable period of time commensurate with the time and nature of the cause. Such causes shall include, but not be limited to: changes ordered in the Work, acts or omissions of the other Party or others beyond the control of the Party whose performance is required, adverse weather conditions not reasonably anticipated, fire, unusual transportation delays, general labor disputes impacting the Work, acts of governmental agencies, or unavoidable accidents or circumstances, Hazardous Materials or differing site conditions FURTHER DOCUMENTS. The Parties agree to execute and deliver all further documents and perform all further acts that may be reasonably necessary to effectuate the provisions of this Agreement GOVERNING LAW/JURY TRIAL WAIVER. This Agreement shall be construed in accordance with and governed by the laws of the State of New York, without regard to conflicts of laws rules or principles of such State or any other jurisdiction. Any claim, controversy, or other dispute between the Parties and arising out of or related to this Agreement shall be adjudicated in a court of competent jurisdiction in the State of New York within the County of Ontario or Western District of New York, for state or federal action, respectively; with respect to any such adjudication, the Parties do hereby UNCONDITIONALLY WAIVE THE RIGHT TO TRIAL BY JURY SEVERABILITY. The partial or complete invalidity of any one or more provisions of this Agreement shall not affect the validity or continuing force and effect of any other provision NO WAIVER OF PERFORMANCE. The failure of either Party to insist, in any one or more instances, on the performance of any of the terms, covenants or conditions of this Agreement, or to exercise any of its rights hereunder, shall not be construed as a waiver or relinquishment of such term, covenant, condition or right with respect to further performance. City of Canandaigua EPC (Water Supply Facility Only) AMP ID

72 11.8 INTERPRETATION. The Parties agree that the following shall govern the interpretation of this Agreement: Headings and captions are for convenience of reference only and shall not affect the construction or interpretation of this Agreement The grouping of the articles in this Agreement and of specifications under the various headings is solely for the purpose of convenient organization and in no event shall the grouping of provisions, the use of paragraphs or the use of headings be construed to limit or alter the meaning of any provisions The terms herein, hereof and hereunder, and words of similar import, refer to this Agreement as a whole and not to any particular Section, Subsection or Schedule or Exhibit The Parties have participated jointly in the negotiation and drafting of this Agreement, and no presumption or burden of proof shall arise favoring or disfavoring either Party by virtue of the authorship of any of the provisions hereof SMARTWATT PROPERTY. All property used by SmartWatt in connection with the Work including equipment, tools, drawings, designs, documentation, schematics, test equipment, software, and associated media remain the exclusive property of SmartWatt. Owner agrees not to use such property for any purpose at any time. Owner agrees to allow SmartWatt personnel to retrieve and to remove all such materials remaining after the Work has been completed. Owner acknowledges that any SmartWatt software included in the Work is proprietary and will be delivered only after execution of and pursuant to a SmartWatt standard licensing agreement BINDING EFFECT. This Agreement and the Contract Documents shall inure to the benefit of, and be forever binding upon, the Parties and their respective successors, legal representatives and permitted assigns AMENDMENT. This Agreement may be amended, modified or supplemented only by written agreement signed by the Parties ENTIRE AGREEMENT. This Agreement, including all Schedules and Exhibits hereto, constitutes the entire agreement and understanding of the Parties and supersedes all prior agreements and understandings between the Parties with respect to the subject matter hereof. Each Party acknowledges that no Party has made any promises, representations, warranties, covenants or understandings other than those expressly set forth herein. City of Canandaigua EPC (Water Supply Facility Only) AMP ID

73 [SIGNATURE PAGE IMMEDIATELY FOLLOWS] City of Canandaigua EPC (Water Supply Facility Only) AMP ID

74 IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly authorized representatives and made the same effective as of the date first set forth above. SMARTWATT ENERGY, INC. By: Name: Title: CITY OF CANANDAIGUA By: Name: Title: City of Canandaigua EPC (Water Supply Facility Only) AMP ID

75 Schedule 1 Facilities Water Supply Facility 3772 West Lake Road, Canandaigua, NY City of Canandaigua EPC (Water Supply Facility Only) AMP ID

76 FIM 1 Facility Lighting Upgrades Schedule 2A Scope of Work Facilities Affected This FIM will be completed in the following facilities: Water Supply Facility Most of the lighting presently in use is comprised of older technologies including linear fluorescent and high intensity discharge (high pressure sodium or metal halide). Occupancy sensor use was found to be sporadic and there is opportunity for both more efficient lighting and improved occupancy sensor control. A space by space audit, which details the existing conditions, is provided in Appendix C. SmartWatt will replace the existing T5, T12, and T8 interior lighting with LED lighting technology. Exterior lighting, which is primarily HID, shall be replaced with LED technology as well. SmartWatt will furnish and install lighting and occupancy sensors to automatically shut the lights off in certain identified areas. The lighting upgrade includes: 208 interior fixtures replace or retrofitted 21 exterior fixtures replaced 4 occupancy sensors installed Table 9 provides a summary of the lighting upgrades by fixture type. Cut sheets for the lighting equipment and materials are provided in Appendix B. Table 9 Lighting Fixture Upgrades Summary Fixture Code Quantity Fixture Description Interior Fixtures RKHB/LED29W 4 New 29w LED High Bay retro kit, 5000 CCT RKTF/LED27W 11 New 27w LED 2x4 Retro Kit, 4000 CCT RKTT/LED17W 17 New 17w LED 2x2 Retro Kit, 4000 CCT RL/LED10/A19 9 New 10w LED A19 medium base lamp, 3000 CCT RLRB/2F10/N 112 (2) 10w T8 LED Tubes, 4000 CCT with 2 lamp normal power electronic LED driver RLRB/2F7/N 2 (2) 7w T8 LED Tubes, 4000 CCT with 2 lamp normal power electronic ballast Remove 3 Remove NCPY/LED40W 50 New 38w Canopy fixture, 5000 CCT Interior Occupancy Sensors MRF2S 1S8A 10C 3 Ceiling sensor/wireless switch package MS OPS2 IV 1 Wall sensor, detects heat from occupants in the room Exterior Fixtures NAREA/LED78W 3 New 77w area light, type IV distribution, 5000 CCT NAREA/LED78W SQ 5 New 72w LED post top fixture, Type V distribution, 4000 CCT City of Canandaigua EPC (Water Supply Facility Only) AMP ID

77 Schedule 2B Scope of Services M&V Plan Overview The purpose of the Measurement and Verification (M&V) Plan is to identify the methods, measurements, procedures, and tools that will be used to verify the Savings for each FIM. A performance guarantee contract will be executed between the City and SmartWatt. Measurement and verification of energy savings will be based on the International Performance Measurement and Verification Protocol (IPMVP) Option A Retrofit Isolation: Key Parameter Measurement. This plan was developed by Scott Clark, Certified Measurement & Verification Professional (CMVP). Option A as defined by IPMVP, Volume I, 2012 is provided below: Option A Retrofit Isolation: Key Parameter Measurement. Savings are determined by field measurement of the key performance parameter(s) which define the energy use of the FIMs affected system(s) and/or the success of the Project. Measurement frequency ranges from short term to continuous, depending on the expected variations in the measured parameter and the length of the reporting period. Parameters not selected for field measurement are estimated. Estimates can be based on historical data, manufacturer s specifications, or engineering judgment. Documentation of the source or justification of the estimated parameter is required. The plausible savings error arising from estimation rather than measurement is evaluated. Table 11 provides an overview of the key parameters to be analyzed and their frequency. The M&V schedule is broken down into two frequency types: 1. First Year Measurements to be completed in the first M&V period only 2. Annual Measurements to be conducted in every year of the term Facility Improvement Measure Table 1 M&V Key Parameters Option and Frequency Key Parameter(s) First Year Annual 1 Facility Lighting Upgrades Fixture Power Yes No The energy reduction is summarized in Table 12. Table 2 Year 1 Energy Usage Savings by FIM FIM Electric Usage Savings (kwh/yr.) 1 Facility Lighting Upgrades 44,080 REPAIR, REPLACEMENT, AND MAINTENANCE SAVINGS. Table 14 identifies the annual Repair, Replacement, and Maintenance savings throughout the project term. The Repair, Replacement and City of Canandaigua EPC (Water Supply Facility Only) AMP ID

78 Maintenance savings are associated with the annual material replacement savings associated with replacing the existing lighting with long life LED lighting and avoided replacement costs associated with other mechanical equipment replaced during the project. Savings are based on calculated equipment failure and repair expenditures as described in the IGA. This stipulated Repair, Replacement and Maintenance savings will not be measured or verified during the term. These savings are escalated at 2.5% per year. ESCALATION RATES. Annual energy savings are escalated using the following annual escalation factors: Table 3 Savings Escalation Rates Electric Energy Savings Escalation Rate 1.73% Repair, Replacement, and Maintenance Savings Rate 2.50% TOTAL ANNUAL COST SAVINGS. The total annual savings for each year of the term applying the applicable escalation rates is provided in Table 14. The energy cost savings are calculated by multiplying the energy savings by the baseline rates described in Section 6.2. Annual Period Table 4 Annual Cost Saving for Contract Term Stipulated Repair, Guaranteed Utility Replacement & Total Savings Cost Savings Maintenance Cost Savings Year 1 $3,892 $651 $4,543 Year 2 $3,960 $667 $4,627 Year 3 $4,028 $684 $4,712 Year 4 $4,098 $701 $4,799 Year 5 $4,169 $719 $4,887 Year 6 $4,241 $736 $4,977 Year 7 $4,314 $755 $5,069 Year 8 $4,389 $774 $5,163 Year 9 $4,465 $793 $5,258 Year 10 $4,542 $813 $5,355 Year 11 $4,621 $833 $5,454 Year 12 $4,700 $854 $5,555 Year 13 $4,782 $875 $5,657 Baseline: Energy and Operating Conditions BASELINE PERIOD. The baseline period is Calendar Year 2016 (January 1 December 31, 2016) for the physical building facilities. Supply rates are based on the contract rate in effect during the 2016 Calendar Year. BASELINE UTILITY CONSUMPTION. Twelve months of utility data for calendar year 2016 were compiled for electricity for the building in the project. The annual utility baseline data is summarized in Table 15. City of Canandaigua EPC (Water Supply Facility Only) AMP ID

79 Table 5 Baseline Utility Usage Summary Facility Electric Usage (kwh/yr.) Water Supply Facility 2,498,770 BASELINE UTILITY RATES. The utility rates presented in Table 16 are the current rates for distribution and supply of utilities at the time of this agreement and shall be used to calculate savings associated with the reduction of electricity in Year 1. After Year 1, these baseline utility rates shall be increased by the utility escalation rates described in Section 6.1 to calculate the savings in each subsequent year after Year 1. Building Table 6 Baseline Utility Rates Electricity Electricity Distribution Supply ($/kwh) ($/kwh) Electricity Total ($/kwh) Water Supply Facility $0.004 $0.054 $0.088 Baseline Operating Conditions. Baseline operating conditions provide a summary of the building use, equipment and operating modes during the baseline period. No significant changes are expected related to these conditions; however, if a change occurs in these conditions, the baseline energy usage may be adjusted (permanently or temporarily). Building Table 7 Baseline Operating Conditions Address Square Footage Weekday Operating Schedule Water Supply Facility 3772 West Lake Road 4,200 7 AM 3 PM Weekend Operating Schedule Oversight Staff M&V Method by FIM FIM 1: Facility Lighting Upgrades SmartWatt will replace the existing T12, T8 and other types of fluorescent lighting with LED lighting technology equipped with occupancy controls where applicable. In addition, SmartWatt will replace the existing HID exterior lighting with LED lighting. SmartWatt will furnish and install lighting and occupancy sensors to automatically shut the lights off in certain identified areas. M&V Option Option A was selected to provide a cost effective means to evaluate savings. City of Canandaigua EPC (Water Supply Facility Only) AMP ID

80 Overview of M&V Activities M&V for this FIM will be performed in Year 1 ONLY. The key parameter to be measured will be power draw of a representative sample for baseline and post implementation fixtures. Pre FIM Measurements 1. Count of existing fixture types (Appendix C) 2. Fixture wattage for a representative sample 3. Lighting operating hours by space type The table below summarizes the lighting operating hours by building and space type based on the results of data loggers which measure the hours the lights are on as well as the hours the space is occupied. These same hours will be used for the post implementation savings calculation. Lighting Operating Hours by Building and Space Type Building Space Hours / Year Water Supply Facility Corridors/Labs 4,380 Water Supply Facility Bathrooms 939 Water Supply Facility Closets 344 The following table presents the results of the occupancy sensors and includes the percent reduction in operating hours. Occupancy Sensor Hours Reduction Factor Building % Reduction Water Supply Facility 43 Post FIM Measurements 1. Count of each fixture type 2. Identification and documentation of each fixture type 3. Fixture wattage for a representative sample 4. Visual inspection of all units and verification of wattage rating by referencing specification sheets for each fixture type Sample Size for Power Measurements. Pre and Post FIM power will be measured once at the fixture level by fixture types that make up the majority of the energy savings. Estimated sample sizes for these fixture types assuming a coefficient of variation (Cv) of 0.5, 20% Precision, and 80% Confidence are shown in the table that follows. Lighting M&V Fixture Sample Size Fixture Type Quantity Sample Size RLRB/2F10/N NCPY/LED40W Total City of Canandaigua EPC (Water Supply Facility Only) AMP ID

81 Stipulated Parameters 1. Hours of operation for exterior lighting shall be 4,380 hours per year (dusk to dawn) Savings Calculation Method To calculate energy and cost savings for lighting FIMs, the following equations shall be used. kwh Savings Baseline kwh Post Install kwh Fixture Count Fixture Wattages Baseline KW 1000 Baseline kwh Baseline KW Hours of Operation Fixture Count Fixture Wattages Post Install KW 1000 Post Install kwh Post Install KW Hours of Operation Cost Savings kwh Savings $ kwh Rate City of Canandaigua EPC (Water Supply Facility Only) AMP ID

82 Schedule 2C Training Program Not applicable for this scope. City of Canandaigua EPC (Water Supply Facility Only) AMP ID

83 Schedule 3 Work Schedule Milestone Date Contract Award 3/15/19 Kickoff Meeting 4/1/19 1 WSF Lighting Upgrades Complete 6/30/19 Project Closeout 8/30/19 City of Canandaigua EPC (Water Supply Facility Only) AMP ID

84 Schedule 4 As Built Upon completion of installation of the project, SmartWatt will turn over to the City of Canandaigua (1) electronic copy and (1) hard copy of a list/spreadsheet of all action items along with associated catalog cuts of the equipment/materials installed. City of Canandaigua EPC (Water Supply Facility Only) AMP ID

85 Schedule 5 Energy Savings Schedule FIM Electric Usage Savings (kwh/yr.) 1 Facility Lighting Upgrades 44,080 City of Canandaigua EPC (Water Supply Facility Only) AMP ID

86 Schedule 6A Scope of Work Schedule of Values Item # Description Value 1 Mobilization $6, FIM 1 Utility Owned Street Lighting LED Upgrades $52, As Built/Closeout $1, Project Total $60, City of Canandaigua EPC (Water Supply Facility Only) AMP ID

87 Schedule 6B Scope of Services Schedule of Values Item # Description Value 1 Year 1 M&V FIM 1 $0.00 City of Canandaigua EPC (Water Supply Facility Only) AMP ID

88 RESOLUTION # A RESOLUTION AUTHORIZING THE PURCHASE OF A FINGERPRINT SCANNER WHEREAS, New York State requires police agencies to utilize the LiveSCAN System to process arrested subjects and input the information in the State database system (SJS); and WHEREAS, in 2016, the City purchased an upgraded LiveScan system as required by SJS; and WHEREAS, in November 2018, Staff was informed the LiveScan fingerprint system would no longer be supported and would need to be replaced by January 2020; and WHEREAS, the estimated total cost is $29,800, but after pushback from municipalities over needing to discard a brand-new system, Idemia (company that recently purchased LiveScan) agreed to offer discount to municipalities that acted early; and WHEREAS, if purchased by August 30, 2019, Idemia will reduce the price by $3,500 and offer a $8,000 buy back credit on the current system the department has now reducing the first-year costs by $11,500 for a total of $18,300; and WHEREAS, considering the replacement system has been mandated, Staff recommends moving forward with the purchase prior to August to maximize the savings for the City and requests a Capital Budget amendment of $18,300 to cover the project; and WHEREAS, annual cost of $2,500 for years two and beyond are already included in the operational budget; NOW, THEREFORE, BE IT RESOLVED, that City Council hereby authorizes the purchase of the mandated Idemia Fingerprint Scanning System for a first-year cost not to exceed $18,300 to maximize the savings for the City; and BE IT FURTHER RESOLVED, that City Council authorizes a Capital Budget amendment of $18,300 to cover the cost of the project. ADOPTED this 4 th day of April, ATTEST: Nancy Abdallah City Clerk/Treasurer

89 City of Canandaigua Police Department Stephen Hedworth Chief of Police Rob Richardson Assistant City Manager City of Canandaigua 21 Ontario Street, Canandaigua, New York PHONE (585) March 1, 2019 Morpho, the original company that produced the Ricci / Livescan fingerprinting system has gone through extensive changes over the last 6 years. Morpho has been bought out several times but has operated under the umbrella of MorphoTrust for the past several years. Information received in 2017 let us know that MorphoTrust would be purchased again and that they would become known as Idemia in The information provided at that time indicated that the current Ricci / Livescan system used to fingerprint arrested subjects, that we purchased in 2016, would continue to function and be upgraded as needed under our support contract. In November of 2018, I called our regional hub in Onondaga County for support on an issue. At that time, my contact there asked if I had been informed about the meeting that was taking place in Syracuse in two days time in reference to the new Livescan System. I had not, so we made arrangements for me to attend the meeting. The meeting was a presentation of the new livescan system that was updating the current system. We were told at that meeting, the original plan in which the old systems would remain usable until needing replacement was no longer going to be the case. Essentially the system we had would not be reverse compliant and would need to be replaced no later than January Needless to say, most of the group became concerned with the costs and time frame for replacement. Initial costs were reported to be $23,100 per replacement system plus a one-time data migration fee of $2,500. Additionally, there is an annual fee of $2,500 for the identity services platform (subscription cost) which is used to make 6-pack files for criminal identification on cases. The combined costs in the first year were determined to be a total of $28,100. The second-year costs would be the subscription costs of $2,500 (for 6-pack) and an optional annual maintenance costs of $3,200. There was some push back on this as some agencies that had purchased new systems in the last few years would be throwing out a brand new $25,000 system. As a result, Idemia has offered some discounts. The first discount of $3,500 requires that the new system be purchased by August 30, Secondly, Idemia will offer an $8,000 buy back credit for our current TPP 500 fingerprint scanner. That would bring the first-year costs down $11,500 to a total of $16,600 including the migration fee, subscription fee (6-packs) and installation / training.

90 Currently we have a program that links the Ricci / LiveScan system to our SJS Records Management System. This program prevents officers, when completing an arrest, from having to enter all of the arrest data in both systems. The program allows the officer to enter the data into the records management system and then transmit the data to the Ricci / Livescan system. After further conversation with Idemea in reference to the cost of the linking program, I was told that there would be an additional charge of $1,700 to write the program. The $1,700 cost for this program will more than pay for itself in the man hours saved for duplicating the work. I have attached the quote that I received on February 19, 2019 which adds the additional cost of the linking program in the first line of the quote. The total first year cost for the system including the linking program would be $18,300. The annual costs each year following would be $2,500 plus the optional maintenance cost of $3,200. I know this is an unexpected and unplanned expense however, I recommend that we make this purchase prior to August We would save the additional $3,500 on a system that we would have to purchase and install by January 2020 in order to continue processing arrested subjects. If you have any questions, I would be happy to answer anything I can or query Idemea for the answer. Sgt. Donald Feldman Administrative Division

91

92

93

94

95

96

97

98

99

100 RESOLUTION # A RESOLUTION CREATING LIENS UPON CERTAIN CITY PROPERTIES FOR WATER AND SEWER FEES, SOLID WASTE COLLECTION FEES AND CODE ENFORCEMENT AND FIRE INSPECTION ARREARS WHEREAS, Chapter of the City of Canandaigua Charter and Section of the General Municipal Law authorizes the creation of property tax liens for delinquent water and sewer charges; and WHEREAS, Chapter B and Chapter of the City of Canandaigua Municipal Code authorize the creation of tax liens for delinquent charges for services performed by the City of Canandaigua Code Enforcement Department and unpaid inspection fees; and WHEREAS, Chapter F of the City of Canandaigua Municipal Code authorizes the creation of tax liens for delinquent snow removal fees for work performed by the City of Canandaigua Department of Public Works; and WHEREAS, Chapter B of the City of Canandaigua Municipal Code authorizes the creation of tax liens for delinquent fire inspection fees for inspections performed by the City of Canandaigua Fire Department; and WHEREAS, Chapter F(3) of the City of Canandaigua Municipal Code authorizes the creation of tax liens for delinquent solid waste collection fees; and WHEREAS, at this date several such outstanding invoices in arrears exist on the City records which are detailed in the attached statement; and WHEREAS, the property owners on the attached list have been notified of the delinquent charges by the City of Canandaigua Clerk/Treasurer s Office; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Canandaigua that there are hereby created liens on the properties listed on the attached statement; and BE IT FURTHER RESOLVED, that said liens shall be added to the City s tax roll and enforced in the same manner as other City taxes. ADOPTED this 4 th day of April, ATTEST: Nancy Abdallah City Clerk/Treasurer

101

102

103

104

105

106

107

108

109

110

111

112

113 RESOLUTION # A RESOLUTION AUTHORIZING THE PURCHASE OF SANITARY PIPE MATERIALS WHEREAS, on Friday, March 15 th the Department of Public works sent out a Request for Quotes (RFQ) that included a variety of parts and sanitary pipe materials related to sewer maintenance; and WHEREAS, of the 4 responding vendors for the scope of materials, 3 returned quotes for the sanitary materials in the RFQ; and WHEREAS, the lowest responsible quote that met the product specifications was submitted by T. Mina Supply, Inc. located at 609 Buffalo Road in Rochester, NY for an amount not to exceed $2,164.04; and WHEREAS, these items were budgeted for in the 2019 Adopted Budget, and Staff recommends accepting the bid from T. Mina Supply, Inc. to purchase the requested sanitary pipe materials; and WHEREAS, this recommendation was reviewed and approved at the March 27 th Finance/Budget Committee meeting; NOW, THEREFORE, BE IT RESOLVED, that City Council hereby authorizes the purchase of the sanitary pipe materials listed in the Request for Quotes from T. Mina Supply Inc., located at 609 Buffalo Road in Rochester, NY for an amount not to exceed $2, ADOPTED this 4th day of April, ATTEST: Nancy Abdallah City Clerk/Treasurer

114 March 27, 2019 To: James Sprague, PE From: James Abraham Re: Water and Sanitary Material Bids Dear Jim; After review of the various sections of the Water and Sanitary Material Bids, I would like to make the following recommendations. Sanitary Pipe materials to: T. Mina supply East, Inc., 609 Buffalo Rd., Rochester, NY in the amount of $ 2, Core & Main submitted a lower bid; however, it was determined the items bid did not meet the specifications and Core & Main requested we pull their Bid for these items. These materials will be paid from Budget Account # Hydrant and Valves Materials to: East Jordan Iron Works (EJ USA, Inc.), 301 spring St., PO Box 439, East Jordan, MI In the Amount of $ 19, These materials will be paid from Budget Account # Miscellaneous Water Material to: Blair Supply Corp., 785 Beahan Rd., Rochester, NY in the Amount of $ 22, These materials will be paid from Budget Account #

115 City of Canandaigua Bid Tabulation Water and Sewer Parts RFP Bid Opening: Friday, March 18, :00 a.m. Bidder Address Bid Amount Table 1 Table 2 6' Hydrant 5' Hyd. 5'5" Hyd. 6'5" Hyd. 6" Valve 8" Valve 12" Valve Exceptions EJ 6177 South Bay Road $19, Partial bid No bid $2, $1, $2, $2, $ $ $1, Hydrant & Gate Valves only. Ejco.com Cicero, NY Melissa.krak@EJCO.com Blair Supply 785 Beahan Road $44, $2, $2, $2, $2, $2, $ $ $1, None- bid on all parts John Murphy Rochester, NY T Mina 609 Buffalo Road $2, No bid $2, Exception on everything Chris Hoff Rochester, NY except sanitary items chris.hoff@tmina.com Core and Main 1220 Brighton Henrietta TL Rd. $44, $1, $2, $2, $2, $2, $ $ $1, None- bid on all parts Nathan Annello- Mgr. Rochester, NY nathan.annello@coreandmain.com / fax

116 City of Canandaigua Bid Tabulation Water and Sewer Parts RFP Bid Opening: Friday, March 18, :00 a.m.

117 RESOLUTION # A RESOLUTION AUTHORIZING THE PURCHASE OF HYDRANT AND VALVE MATERIALS WHEREAS, on Friday, March 15 th the Department of Public works sent out a Request for Quotes (RFQ) that included a variety of parts and sanitary materials related to sewer maintenance; and WHEREAS, of the 4 responding vendors for the scope of materials, 3 returned quotes for the hydrant and valve materials in the RFQ; and WHEREAS, the lowest responsible quote for a portion of the hydrant and valve materials in the RFQ was submitted by East Jordan Iron Works (EJ USA, Inc.) located at 301 Spring Street in East Jordan, Michigan for an amount not to exceed $19,312.96; and WHEREAS, these items were budgeted for in the 2019 Adopted Budget, and Staff recommends accepting the partial quote from EJ USA, Inc. to purchase the requested hydrant and valve materials; and WHEREAS, this recommendation was reviewed and approved at the March 27 th Finance/Budget Committee meeting; NOW, THEREFORE, BE IT RESOLVED, that City Council hereby authorizes the purchase of a portion of the hydrant and valve materials listed in the Request for Quotes from East Jordan Iron Works (EJ USA, Inc.) located at 301 Spring Street in East Jordan, Michigan for an amount not to exceed $19, ADOPTED this 4th day of April, ATTEST: Nancy Abdallah City Clerk/Treasurer

118