SUPPORTING DOCUMENTS 2B-5H (full text)
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Page 1
ZR
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own af Town of Aurora Town Board
575 Oakwood Avenue, East Aurora NY, 14052
Special Use Permit Application Form
I. PROJECT INFORMATION (Applicant/Petitioner):
Business/Project Name: Fontaine - Ground Mount Expansion
Business/Project Address: 2100 Lewis Road, South Wales, NY 14139
Applicant Name: Jackson Guthrie
Mailing Address: 176 East Main Street, Rochester, NY 14604
City Rochester State NY Zp 14604
Phone (585) 265 - 2384 Ext.108 Fax Email [email protected]
Interest in the property (ex: owner/purchaser/developer) Contractor
I. PROPERTY OWNER INFORMATION (If different than Applicant AND the Owner does not sign below, please
submit and orginal, notarized “Owner Authorization” form - attached):
Property Owner(s) Name(s) Robert Fontaine
lf a corporate, please name a responsible party/designated officer:
Address 2100 Lewis Road
City South Wales State NY zip 14139
Phone (716) Fax Email 1 ioor.com
ll. SPECIAL USE AND PROPERTY INFORMATION:
Property Address 2100 Lewis Road, South Wales, NY 14139
SBL# _201.00-3-13.132
Describe Special Use requested (use additional pages if needed): Installation of a ground mounted solar
system expansion
Property size in acres 27.40 Property Frontage in feet
Zoning District RR/A Surrounding Zoning RR/A
Current Use of Property___ Single Family Home
Size of existing building(s): 4,915 sf Size of proposed building(s) sf
Present/Prior tenant/use:
Parking spaces: Existing: Proposed additional spaces: Total #:
io)
Page 2
Page 3
Town of Aurora Special Use Permit
575 Oakwood Avenue Application
East Aurora, NY 14052 Owner Authorization
www.townofaurora.com
The undersigned, who | is the owner a the premises know as:
‘J f ;
2HiU
Pre i aeLen 45 ee ae eee Kf Sect
ae eee ee a ee ee LA les ak
ee ee er cc ee 4 iy (F4,‘identified as Tax Map (SBL)#...291,00-3-13.132
ee ek hk Re Be Se ee Oo ee A
hereby authorizes ......... GreenSpark Sola ecceveceavenesneuas to bring an application for a special use permit
before the Town of Aurora Town Board for review and potential approval. The undersigned further permits the
Town or its authorized representative(s) access to the property to review existing site conditions during the
review process.
Owner on oo se
Date ‘
eee
Owner (signature)
STATE OF NEW YORK >
\ nm" Ss
COUNTY OF-ERIE- )
On this PA gay of (| uly , 20 Obefore me, the undersigned, a notary public in and for said state,
personally appeared KObO/ 1 J - (n-tetind , personally known to me on the basis of
satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their capacity(ies}, and that by his/her/their
signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument,
Cina[Ue |
ee GAROLEE TUCKER
NOTARY BL, STATE OF NEW YORK
Registration No. 017U6112656
Qualified in. Wyoming County 4
Commission Expires June 28, 2028
Page 4
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Approximate location of new ground
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% PART OF Lor @; 7. 8; R. 6; HOLLAND LAND COMPANY'S SURVEY; TOWN OF AURORA; COUNTY OF ERIE; STATE OF NEW YORK
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Page 5
GREENSPARK = SOLAR
July 6th, 2026
Town of Aurora
575 Oakwood Avenue,
East Aurora, NY 14052
To the Town Board of Aurora:
Under the jurisdiction of the Town of Aurora, GreenSpark Solar seeks to apply for a special
use building permit at 2100 Lewis Road, South Wales, NY 14139 to install a 7.04 kW-DC
ground mounted PV system expansion. After review of the town code GreenSpark Solar
would like to formally request the special use permit requirement be waived for this
submission.
It is the opinion of GreenSpark Solar that this project aligns with the Town's desire to
accommodate the use of solar energy systems as a clean and reliable energy source, and
the project should have no significant impact on the overall character, nature, and beauty of
the Town of Aurora. The size and intent of this project is to support only direct electrical use
onsite, and will not include any offsite sale of electricity generation. Furthermore, the
project is utilizing only 336.4 square feet of field space that is already cleared adjacent to
the previously installed arrays on the property, in compliance with zoning and location
requirements.
Sincerely,
Jackson Guthrie |
Residential Project Manager |
[email protected]
came, Som gence foo Fee gee © dha FEN ony cing, grass
Page 6
Short Environmental Assessment Form
Part 1 - Project Information
Instructions
for Completi
Part 1 — Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the
application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on
information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as
thoroughly as possible based on current information.
Complete all items in Part 1. You may also provide any additional information you believe will be needed by or useful to the lead
agency; attach additional pages as necessary to supplement any item.
Part 1 — Project and Sponsor Information .
Contractor: GreenSpark Solar | Project: Residential Ground Mount Solar Expansion
Name of Action or Project:
Rob Fontaine - Residential Ground Mount Solar Expansion
Project Location (describe, and attach a location map):
2100 Lewis Road, South Wales, NY 14139
Brief Description of Proposed Action:
Installation of a residential ground mount solar system expansion comprised of 16 SEG Yukon
N-Series Modules. |
Name of Applicant or Sponsor: Telephone: (585) 265 - 2384 Ext, 108
GreenSpark Solar “1.
P E-Mail: [email protected]
Address:
176 East Main Street
City/PO: State: Zip Code:
Rochester NY 14604
1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES
administrative rule, or regulation?
If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that []
may be affected in the municipality and proceed to Part 2. If No, continue to question 2.
2. Does the proposed action require a permit, approval or funding from any other government Agency? NO YES
If Yes, list agency(s) name and permit or approval:
TOA Bdy, KAMAL Tii iy
3. a. Total acreage of the site of the proposed action? 27.40 acres
b. Total acreage to be physically disturbed? 0.001 acres
c. Total acreage (project site and any contiguous properties) owned
or controlled by the applicant or project sponsor? 27.40 acres
4. Check all land uses that occur on, are adjoining or near the proposed action:
Urban Rural (non-agriculture) [J Industrial [|] Commercial [] Residential (suburban)
LJ Forest [x] Agriculture [|] Aquatic [2] Other(Specify):
[__] Parkland
Page 1 of 3 SEAF 2026
Page 7
5. Is the proposed action, N/A
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a. A permitted use under the zoning regulations?
b. Consistent with the adopted comprehensive plan?
6. Is the proposed action consistent with the predominant character of the existing built or natural landscape?
7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area?
3/8S
If Yes, identify:
Z| ISI
8. a. Willthe proposed action result in a substantial increase in traffic above present levels?
b. Are public transportation services available at or near the site of the proposed action?
c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed
action?
9. Does the proposed action meet or exceed the state energy code requirements?
If the proposed action will exceed requirements, describe design features and technologies:
[ |
10. Will the proposed action connect to an existing public/private water supply? NO | YES
If No, describe method for providing potable water:
L
11. Will the proposed action connect to existing wastewater utilities? NO | YES
If No, describe method for providing wastewater treatment:
12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district
which is listed on the National or State Register of Historic Places, or that has been determined by the
Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the
State Register of Historic Places?
b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for
archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory?
13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain
wetlands or other waterbodies regulated by a federal, state or local agency?
b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody?
If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres:
Page 2 of 3 SEAF 2026
Page 8
14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply:
[Shoreline [i Forest [m] Agricultural/grasslands [_] Early mid-successional
[]Wetland © Urban [J Suburban
15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or NO
Federal government as threatened or endangered?
16. Is the project site located in the 100-year or 500-year flood plain? NO
NO
17. Will the proposed action create storm water discharge, either from point or non-point
sources?If Yes,
a. Will storm water discharges flow to adjacent properties?
L_ |
b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)?
If Yes, briefly describe:
18. Does the proposed action include construction or other activities that would result in the impoundment of water
or other liquids (e.g., retention pond, waste lagoon, dam)?
If Yes, explain the purpose and size of the impoundment:
19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste
management facility?
If Yes, describe:
20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or
completed) for hazardous waste?
If Yes, describe:
21. Is the project located within, or within 4 mile of, a disadvantaged community?
If No, could impacts from the project affect a disadvantaged community?
If Yes to either question in 21, answer the following question.
a. Identify the potential pollution impacts of the project, either direct or indirect, that may occur within the
disadvantaged community (e.g., wastewater discharges, air emissions, noise, odors, solid or hazardous waste
generation or management):
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF
MY KNOWLEDGE
Applicant/sponsor/name: Jackson Guthrie Date: 06/29/2026
Signature: derchicasae vi ae Title:
Page 3 of 3 SEAF 2026
Page 9
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Page 10
oA
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE, that a public hearing will be held by the Town Board of the
Town of Aurora on the 14th day of September, 2026 at 6:30 PM at the Aurora
Municipal Center located at 575 Oakwood Avenue, East Aurora, New York,
14052, at which hearing parties and interested citizens shall have an opportunity
to be heard on proposed Local Law Intro 9-2026 to increase the salary of the
Town Clerk for assuming the responsibility of the Town of Aurora website. All
interested parties are entitled to be heard upon said local law at said public
hearing. Copies of said proposed local law are available for review at the Town
Clerk office during normal business hours or on the Town website
www.townofaurorany.gov.
By Order of the Town Board of the Town of Aurora
Jeanne Viger
Town Clerk
Town of Aurora
Page 11
TOWN OF AURORA
LOCAL LAW INTRO __- 2026
LOCAL LAW __- 2026
A Local Law to Increase the Salary of the Town Clerk
During the Term of Office
Be it enacted by the Town Board of the Town of Aurora as follows:
Section 1: Legislative Intent
It is the intent of this local law to provide an increase in the annual salary for the elected office of
Town Clerk Jeanne Viger for the remainder of 2026, in accordance with the provisions of the
New York State Municipal Home Rule Law. This increase is in excess of the amount specified in
the notice of the public hearing on the preliminary budget published pursuant to Town Law §
108.
Section 2: Authority
This local law is enacted pursuant to Municipal Home Rule Law § 10. To the extent necessary,
this local law supersedes any inconsistent provisions of the Town Law or other applicable laws
relating to the timing or adjustment of salaries of elected town officers, consistent with the
authority conferred by the Municipal Home Rule Law.
Section 3: Salary Increase
Effective as hereinafter provided, the Town Clerk’s annual compensation for the fiscal year 2026
shall be increased by amount of $4,057 per annum, prorated as appropriate to take effect on May
26, 2026 through the end of the fiscal year. The purpose of the additional compensation is to
fund the Town Clerk’s new role as the Town Webmaster.
Section 4: Budgetary Authorization
The Town Board hereby authorizes and directs that the Town budget be amended as necessary to
fund the salary established herein, including any inter-fund or intra-fund transfers and
modifications in accordance with applicable law and fiscal procedures.
Section 5: Severability
If any clause, sentence, paragraph, or section of this local law shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not impair the validity of the remainder
of this local law, but shall be confined in its operation to the clause, sentence, paragraph, or
section directly involved in the controversy.
Section 6: Subject to Permissive Referendum
Pursuant to Municipal Home Rule Law § 24, this local law is subject to a referendum on petition
(permissive referendum). This local law shall not take effect until forty-five (45) days have
elapsed after its adoption without the filing of a valid petition requesting that the local law be
submitted to the electors for approval, or (ii) if a valid petition is filed within such period, until
approved by a majority of the qualified electors voting thereon at a duly held referendum.
9801386v1
Page 12
Section 7. Notice; Filing; Publication and Posting
The Town Clerk is hereby directed to:
e cause to be published and/or posted, in the manner required by law, a notice setting forth
an abstract of this local law and stating that it is subject to a permissive referendum; and
e file a certified copy of this local law with the New York State Secretary of State as
required by law.
Section 8: Effective Date
This local law shall take effect in accordance with Section 6 above, upon the expiration of the
period for filing a petition for a permissive referendum without such a petition being filed, or, if a
valid petition is filed, upon approval by a majority of the qualified electors voting thereon and
subsequent filing with the Secretary of State.
9801386v1
Page 13
Town of Aurora D B
Erie County, New York
Renovations to:
Town of Aurora Town Courts
Notice to Bidders
Please take notice that the Aurora Town Board will accept sealed bids for the renovations to the
Town of Aurora Town Courts located at 571 Main Street, East Aurora, 14052
Plans, specifications and bidding instructions for said work may be examined, at no expense, at
the office of Fontanese, Folts, Aubrecht, Ernst Architects at 6395 West Quaker Street, Orchard
Park, NY 14127 between the hours of 9 AM and 5 PM (local time) Monday through Friday.
Contract Documents can also be viewed at https://www.buffalocopyplanroom.con’/ in the Public
Projects section and at the Construction Exchange of Buffalo and Western New York.
Bid/Contract Documents may be ordered at https://www.buffalocopyplanroom.com/ in the Public
Projects section or obtained in person at 49 Court Street, Buffalo, NY 14202 (716 847-6400)
between the hours of 10 AM and 4 PM (local time). Monday through Friday upon the non-
refundable payment of the posted price.
A PRE-BID site walk-through will be conducted at the project site, 571 Main Street, East Aurora,
NY 14052 on Tuesday August 18" @ Yam.
The successful bidders will be required to furnish a performance and payment bond each in an
amount equal to 100 percent (100%) of the total Contract award amount.
All Bids shall be made on the forms furnished and shall be enclosed in a sealed envelope
marked " Renovations to the Town of Aurora Town Courts”. Each bid will include a signed and
completed Non-Collusive Bidder Certificate as required by New York State Municipal Bidding
Laws.
Bids will be received by the Town of Aurora until 11:00 A.M. local time on Thursday September
3, 2026 at the Aurora Town Clerk’s office, 575 Oakwood Avenue, East Aurora, New York
14052, and then at that time and place be publicly opened and read aloud.
Each Bidder’s attention is called to the General Municipal Law, which requires a Bidder’s
Certificate of Non-Collusion. Copies of such certifications are included within the Specifications,
and unless completed with the Bid, the Bid will not be accepted.
The Aurora Town Board reserves the right to waive any informalities in the Bid and to reject any
or all Bids.
Date: July 31%, 2026 Town of Aurora
Page 14
Application #
Ok
Application For Temporary Use Permit
Neil and Barb Chur Equestrian Park, Soccer Field and/or Polo Field
: At Knox Farm State Park
Submit applications to:
Town of Aurora Parks and Recreation
575 Oakwood Ave
East Aurora, NY 14052
Telephone (716) 652-8866 Fax: (716) 652-5646
ALL REQUESTS MUST BE MADE NO LESS THAN 30 DAYS IN ADVANCE OF EVENT/USE.
PLEASE NOTE THAT THE PERMIT CANNOT BE ACCEPTED FOR BOARD APROVAL
WITHOUT THE FULL COMPLETION OF THIS DOCUMENT.
1. Name of organization: Tmam eculede. Corception Schoo |
2. Individual responsible for this request: Mark Wiezvall — AXD
3. Address: | AGS Galkiivoeak® AYR
Eesk Prete , NY 10F@
4. Telephone number: _7\G QS2 S¥sv (116 SSO 777 2)
5, Fax: |
6. Email: MmMozceN\@. ny cachoal RA OT 4
7. Date(s) of event: | Peas 25 ~ pvt Wes / Frito nigh’ >
8. Hours of use including set up/take down: Start 5 9: «7 End Com
9. Description of the event or use:
Bu Soccer Goe\& Use Kee school Aeams Ac
OCce. cmee. ayn. Wo evens Bows ‘A are\K€. oO ma’ Tu
10. Specific area(s) request. Please attach a map of the area.
a. Soccer fields
b. Polo Field
aan
c. Equestrian Park
d.
Other
i. Describe
11. Specific equipment to be brought into the park (porta-johns, tents, etc.)
Rone
12. Needs: Water Electric
13. Estimated attendance: GC
a. Will participants be crossing Knox Road?
b. Will participants be attending via bus?
Page 15
PLEASE NOTE: Based on the estimated attendance of the event, a meeting with the Town Supervisor, Dir. of
Recreation and Aquatics, the Highway Superintendent, and Chief of Police may be scheduled at the discretion
of the Aurora Town Board to discuss a plan for proper traffic control and parking.
14. Will food or drinks be served? WO
a. If-yes, please describe
15, Will there be sound amplification, music, or a band(s)? WS
a. Ifyes, please describe
16. Other services requested, please describe: ——
a. NYS Park Police*
i. *Applicant is responsible for contacting the East Aurora Police Department if the event,
involves the Village or Town streets.
b. Parks Department:
17. Do you intend to use the main part of Knox Farm State Park between Buffalo Rd, Willardshire Rd., and
Knox Rd.?_ ye
a. If yes, you must request a permit from NYS Parks and Recreation. Contact their office at 716-
652-0786.
Provide drawings that describe location, size. and text of all proposed signs for this event to the Town of Aurora
Building Department, 575 Oakwood Ave. Approved signs may be erected 30 days prior to the event and must
be removed immediately after. .
I make this application and agree to abide by the Guidelines for Use of Barb and Neil Chur Equestrian Park,
Soccer Fields, and/or Polo Field
ll A> _ Datechal znze Qecievol
NE
Signature of Applicant ; | TA Ge
General Fees (Cash/Card) Additional Services (Cash/Card) |
Fee Paid Service Perhour | #of Employees | # of Hours | Total
Application $25/$25.78 | 7% Crossing Guards $30/$30.93 |
Permit ° $15/$15.47 | 4" Parking Attendant | $30/$30.93
Security Deposit* © $250 Total Additional Services
*Subject to change dependent on ; ({Invoiced after event or adjustments to security deposit return.)
anticipated damage.
Per Day Event Specific Fees (Cash/Card)
tem Fee NP or TR NP & TR # of Days | Total
1-100 Attendants $150/$154.65 $135/$139.19 | $120/$123.72
101-750 Attendants $300/$309.30 $270/$278.37 | $240/$247.44
750+ Attendants $500/$515.50 $450/$463.95 | $400/$412.40
Garbage Service TBD TBD TBD
NP- Non- Profit TR- Town Resident Total Event Fee
Page 16
Knox Map
Knox Ficl
Riding :
SOK Fi 3
Pan . Soccer felds Parking Lot
| Gypsy Ln
DOO
|
Please mark the areas of the park you intend to use for your event. Please describe any additional |
information below that may be needed.
Bay Exe les Gea Soccec OcaCAicd
Please describe how your event will handle parking and traffic (at your event will be crossing the road)
for your event.
aim \eack< ahve. We oe rel AS
Ce waihie ts | Gong
Woe. eith (2 G&.- .
ls there any additional information you believe the Town Board will need to know for you to host this
event?
wi. pe. ian Com beck wit Rocere Oc senc.\ Secce
Cesgcbiun, ee Wee . We kneon iSSve heve. naneenes _
Page 17
Official Use Only |
Event:
Attachments Submitted
VA Indemnification Agreement
v___ Certificate of Insurance
Map with area(s) requested to be used indicated
*_ Parking and Traffic plan
_ Copy of application for sign permit, if applicable. (Upon application approval copy of approved
sign
permit must be filed with the Town Clerk NO LATER THAN 5 days prior to scheduled event.)
. Copy of this application to NYS Parks and Recreation c/o Evangola State Park
Application 'S ‘Recommended or Not recommended
by the Recreation Department.
Action by Aurora Town Board
The Aurora Town Board, upon review of the application request # submitted by
. (organization or individual) took the following action with or
without conditions (as applicable) noted below:
Approved: Date:
Supervisor’s Signature
Denied: Date:
- Supervisor’s Signature
Conditions:
Police Department Approval
Highway Department Approval
Building Department Approval
Requesting organization shall attach a completed Certificate of Insurance with minimum limits to
include public liability coverage with limits of $1,000,000 each occurrence; property damage insurance with
limits of $1,000,000 each occurrence. Policy shall be endorsed to include the Town of Aurora as an additional
name insured .
Requesting organization or individual shall submit an Indemnification Agreement signed by
authorized applicant or officer of company and duly notarized.
___ Approval of parking and traffic plan . .
y, Arsenal Soccer Contacted —~ No Conflicts. Date: f Z2oc6
_ Other
Page 18
SUPERVISOR - TOWN CLERK
CHARLES SNYDER JEANNE VIGER
(716) 652-7590 (716) 652-3280
[email protected] [email protected]
TOWN OF AURORA
575 Oakwood Ave., East Aurora, NY 14052
www.townofaurorany.gov
Indemnification Agreement
Neil and Barb Chur Equestrian Park, Soccer Field and/or Polo Field
To the fullest extent permitted by law, |MWe shall indemnify and hold harmless the Town of Aurora and
its employees from and against claims, damages, losses and expenses, including but not timited to
attorney’s fees, arising out of or resulting from performance of our work under this contract, provided
that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death,
or injury to or destruction of tangible property, including the loss of use resulting there from but only to
the extent caused in whole or in part by negligent acts or omissions of our organization, anyone
directly or indirectly employed by us or for anyone for whose acts they may be liable, regardless of
whether or not such claim, damage, loss or expense is caused in part by a party indemnified
hereunder. Such obligation shall not be construed to otherwise exist as to a party or person described
in this paragraph.
Au m2 ah 4
Authorized Applicant or Officer
State of New York }
County of Erie. }
Subscribed and sworn to before me this Lo day of NULY , 202
» Notary
FOWANNW
Public
| STEPHANIE LYNN MEYER
Natary Public - State of New York
No. S1ME0G49253
Qualified in Erie sh New yo My oauatiies nee County _
My commission expires: a3 |208) — .
Page 19
i | = (MMIDDIYYYY)
ACORD — CERTIFICATE OF LIABILITY INSURANCE | _ 8/3/2026
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE. DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: [Ef the certificate hoider is an ADDITIONAL INSURED, the policy(ies} must have ADDITIONAL INSURED provisions or be endorsed.
if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER | a NAME: Robin Watson oa
Arthur J. Gallagher Risk Management Services, LLC PHO 416-847-8394 ‘| FAX
1 Corporate Drive, Suite 310 (AIG No Ext: 7 18-847- {AIG, No}:
Shelton CT 06484 ADDRESS: [email protected] _ oe .
INSURER(S} AFFORDING COVERAGE ; NAIC#
_ INSURERA: National Catholic RRG , Inc 18083
INSURED INSURER B :
Diocese of Buffalo
795 Main Street INSURER :
Buffalo, NY 14203-1250 INSURERD:
INSURERE :
INSURER F :
COVERAGES. CERTIFICATE NUMBER: 1838286082 _ REVISION NUMBER:
THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL|SUBR POLICYEFF | POLICY EXP UMITS |
LTR __. YPR OF INSURANCE INSD |WYD POLICY NUMBER (MMIDDYYYY} | (MMIDDIVYYY)
AIX someon [Kleene RRG-054-2026-1 7/1/2026 7/1/2027 =| EACHOCGCURRENCE __ $1,006,000 _
' |BAMAGE TO RENTED
CLAIMS-MADE |X | occur PREMISES (Ea occurrence) | $1,006,000
MED EXP (Any one person) § ;
_
a PERSONAL BADVINJURY | $1,000,000.
| GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE | _$None
X|poucy, [58% [| 0c PRODUCTS
- COMP/OP AGG | $ None
OTHER: 8
COMBINED SINGLE LIMIT §
[ AUTOMOBILE LIABILITY
ANY AUTO BODILY INJURY (Per person) $
| OWNED ONLY
AUTOS “77 SCHEBULED
AUTOS BODILY INJURY (Per accident) $
HIRI NON-OWNED PROPERTY DAMAGE $
|_| ALTOS ONLY AUTOS ONLY |_ {Per accident) _ jo.
_ . $
UMBRELLA LIAB OCCUR EACH OCCURRENCE |. a.
| EXCESS LIAB CLAIMS-MADE AGGREGATE | $
DED | | RETENTION S | _ _. {3
WORKERS COMPENSATION PER QTH-
AND EMPLOYERS* LIABILITY YIN STATUTE | ER
ANYPROPRIETOR/PARTNER/EXECUTIVE [yj E.L.EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? EN | NIA
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE:
aad
lf yes, describe under
.|DESCRIPTION.OF OPERATIONS below E.L. DISEASE - POLICY LIMIT. ee
>
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Reniarks Schedule, may be attached if more space is required)
Additional Insured Status for any Persons with whom the Named Insured has agreed to provide Insurance
Protection. Insurance Shall Not exceed Amount agreed Upon or Exceed Policy Limits Provided by this
Policy. The Limit is Inclusive of the Insured's $250,000 Self Insured Retention.
RE: Immaculate Conception Soccer at dates and timés agreed upon.
‘CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WiLL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Town of Aurora
575 Oakwood Avenue AUTGRIZED Go ENTATIVE
East Aurora, NY 14052 "Galllighor Ruk Management: Services, LLC
L
© 1988-2015 ACORD CORPORATION. Ail rights reserved.
ACORD 25 (2016/03) The ACORD name and ogo are registered marks of ACORD
Page 20
SUPERVISOR TOWN CLERK
Charles D. Snyder Jeanne H. Viger
(716) 652-7590 (716) 652-3280
[email protected] [email protected]
TOWN OF AURORA (0 g
Aurora Municipal Center
575 Oakwood Avenue, East Aurora, NY 14052
www.townofaurorany.sov
July 30, 2026
To: Town Board Members
I respectfully request the Town Board Authorize the purchase of a new 2027 Ford F550 4X4 Dual
wheel Truck with an 11’ Stainless Dump Body.
It will be purchased from NYS OGS Contract PC-68978 from Delacy Ford Inc.
The price with Dump Box installed and Delivery is $77,568.00
This will be paid for out of DB5130.217 from the 2027 Budget.
Sincerely, |
uy,
‘
David ML. Gunner
Superintendent of Highways
Page 21
Driven to GHANGE
Preview Order M555 - FSH 4x4 Reg Chas Cab DRW:
Dealership Name: DeLacy Ford, Inc. !
DealerRep. =» MARKMOSCATO. — "—Superduty «Order Code M555
Ciumertone eeMenate Mase 2027 ete 5
DESCRIPTION MSRP DESCRIPTION MSRP
F550 4X4 CHASSIS CAB DRW/169 $60295 18000# GVWR PACKAGE $0
169 INCH WHEELBASE $0 50 STATE EMISSIONS $0
TOTAL BASE VEHICLE §60295 SNOW PLOW PREP PACKAGE $350
RACE RED $200 350 AMP ALTERNATOR $0
VINYL 40/20/40 SEATS $0 EXTERIOR BACKUP ALARM $280
MEDIUM DARK SLATE . $0 DUAL BATTERY $210
PREFERRED EQUIPMENT PKG.660A $0 REAR VIEW CAMERA & PREP KIT $515
XL TRIM SO CONN PKG:1 YR INCL W/FORD APP 0)
AIR CONDITIONING -- CFC FREE $O SECURITY PACKAGE: 1. YR INCL $o
AM/FM STEREO MP3/CLK $0 Ei)
.7,.3L DEVCT NA PFI V8 ENGINE 50 sO
10-SPEED AUTO TORQSHIFT SO 50
225/70R19.5G BSW ALL POSITION $0 , . 50
4.88 RATIO NON LTD SLIP AXLE SO so
FORD FLEET SPECIAL ADJUSTMENT $0 SO
PLATFORM RUNNING BOARDS - $320 DESTINATION & DELIVERY $2795
MSRP
TOTAL BASE AND OPTIONS $64965
DISCOUNTS NA
TOTAL $64965
Customer Name: Customer Email:
Customer Address:
STATE CONTRACT PC-68978 $58,228 Sustomer Phone: |
11' STAINLESS DUMP $19,340
TOTAL $77,568
Date
Page 22
Kaminski and Sons Truck Equipment
Buttale
NY 14206 Quote Number. 4057
USA Quote Date: Jul 22, 2026
Page: 1
Voice: (716) 852-1954
Fax: (716) 852-1956
- Quoted To: .
Aurora HWY Dept.
251 Quaker Rd.
East Aurora, NY 14052
CustomerID. Good Thru | : Payment Terms Sales Rep |
Aurora HWY Dept. 8/21/26 Net 10 Days
Quantity =|. Item . 7 ~ Description | Unit Price | Amount
1.00 7 “IROQUOIS 11’ STAINLESS STEEL
DUMP BODY. COMPLETE STAINLESS
STEEL CONSTRUCTION.
1.00 17° HIGH SIDES, 6” BOARD POCKETS
1.00 23" HIGH TAILGATE WITH (1) COAL
CHUTE.
1.00 10.1 TON ELECTRIC HYDRAULIC
DOUBLE ACTING ELECTRIC HOIST.
1.00 REAR HITCH PLATE INSTALLED WITH
RECEIVER OR HARD MOUNT PINTLE.
CHAIN RINGS AND TRAILER PLUG
INCLUDED.
1.00 INSTALLED WITH MUD FLAPS AND
BACK UP ALARM.
1.00 PRICE PER ABOVE INSTALLED AT 19,340.00 19,340.00
KAMINSKI'S
Subtotal 19,340.00
Sales Tax
TOTAL 49,340.00
Page 23
SUPERVISOR Dec | TOWN CLERK
Charles D. Snyder /\urota Jeanne H. Viger
(716) 652-7590 os i NY: (716) 652-3280
[email protected] — . [email protected]
TOWN OF AURORA
Aurora Municipal Center 6 G
575 Oakwood Avenue, East Aurora, NY 14052
www.townofaurorany.gov
July 30, 2026
‘To: Town Board Members
I respectfully request the Town Board Authorize the purchase of a new Fisher Brand Plow, Salt
Hopper, & Brine spray system to be installed on the new 2027 Ford F550 the Town will be
purchasing.
It will be purchased from Kaminski and Sons Truck Equipment off the NYS OGS Sourcewell
Contract #06222-DDY for $30,148.64
This will be paid for out of DB5130.217 from the 2027 Budget.
Sincerely,
‘ Gunner
Superintendent of Highways
Page 24
Kaminski and Sons Truck Equipment
245 Lewis St. . 4062
Buffalo, NY 14206 Quote Number:
USA Quote Date: Jul 28, 2026
Page: 1
Voice: (716) 852-1954
Fax: (716) 852-1956
Aurora HWY Dept.
251 Quaker Rd.
East Aurora, NY 14052
. SalesRep
8/27/26 Net 10 Days
Init Pr ice - Amount
18'6"-11' FISHER XLS STAIN ECE STEEL — 11,318.65 | 11,318.65
SNOWPLOW INSTALLED WIT HAND
HELD CONTROLS.
1.00 LED LIGHT UPGRADE 374.49 374.49
1.00 RUBBER DEFLECTOR 280.00 280.00
1.00 INSTALLATION FOR ALL OF THE ABOVE 1,190.00 1,190.00
1.00 THE ABOVE PRICING IS AS PER
SOURCEWELL NYS OGS CONTRACT
06222-DDY, ADDENDUM NYS
CONTRACT PC70530, GROUP 40625,
AWARD PGB-23345
1.00 FISHER TEMPEST STAINLESS STEEL 11,324.50 11,324.50
S300A IN BED SALTER, STAINLESS
STEEL WITH AUGER, INVERTED V'S,
TOP SCREEN, IN CAB AUTO CONTROLS
32850 GROUND SPEED, 98430 3 YARD
1.00 FISHER 93270 200 GALLON PRE-WET 4,201.00 4,201.00
AND DLA SYSTEM, 4 50 GALLON TANKS
INSTALLED ON ABOVE HOPPER.
FREIGHT INCLUDED FOR BOTH SALTER
AND WET.
1.00 INSTALLATION FOR ABOVE INCLUDING 1,460.00 1,460.00
D RINGS FOR DUMP BODY
1.00 THE ABOVE PRICING IS AS PER
SOURCEWELL NYS OGS CONTRACT
06222-DDY, ADDENDUM NYS
Subtotal Continued
Sales Tax Continued
TOTAL = |_—s Gonttinued
Page 25
Kaminski and Sons Truck Equipment
245 Lewis St.
Buffalo, NY 14206 Quote Number: 4062
USA Quote Date: Jul 28, 2026
Page: 2
Voice: (716) 852-1954
Fax: (716) 852-1956
Aurora HWY Dept.
251 Quaker Rd.
East Aurora, NY 14052
Aurora HWY Dept. 8/27/26 Net 10 Days |
ription _UnitPrice =| Amount
T CONTRACT PC7053 0, GROUP 40625,
AWARD PGB-23345
Subtotal 30,148.64
Sales Tax
TOTAL =| —s(30,148.64
Page 26
SUPERVISOR en TOWN CLERK
Charles D. Snyder Waa Jeanne H. Viger
(716) 652-7590 (716) 652-3280
[email protected] [email protected]
TOWN OF AURORA
Aurota Municipal Center oo D
575 Oakwood Avenue, East Aurora, NY 14052
www.townofaurorany. gov
July 30, 2026
To: Town Board Members
I respectfully request the Town Board Authorize the purchase of a new 2026 Kenworth 1380 Cab
& Chassis with Swap-loader Hook Lift installed.
It will be purchased from Kenworth Northeast Group off of Onondaga County Contract #0010914
for $195,387.00
This will be paid for out of DB5130.217 from the 2027 Budget.
Sincerely,
David M. Gunner” .
Superitt defit of Highways
Page 27
Town of Aurora Highway
251 Quaker Road
East Aurora NY 14052
Kenworth Northeast Group, Inc.
100 Commerce Drive
Buffalo NY 14218
www.kenworthne.com
August 03, 2026 Prepared for — David Gunner, Town of Town of Aurora Highway
CUSTOMER QUOTE: ONONDAGA COUNTY BID #0010914
2026 Kenworth T380 Base MSRP $121,319.88
Less 4% Onondaga discount ($4,852.80)
Base Chassis Price after discount $116,467.08
Options @ MSRP $37,784
Less 12% Onondaga discount ($4,534.08)
Option Price After Discount $33,249.92
Chassis Cab sub Total $149,717.00
Freight (not discountable) $3925.00
Total Price $153,642.00
SWAPLOADER SL2418 Hook Lift
Fixed 60” Sliding Jib , $41,745.00
TOTAL PRICE $195,387.00
Prepared by: Rich Wainwright 716-622-7071 David Gunner
[email protected]
Buffalo, NY Rochester,NY Syracuse,NY Albany, NY Elmira, NY Boston, MA
(716) 852-2800 (585) 698-2940 (315) 399-1400 (518) 213-3211 (607) 767-0057 (781) 341-0008
Page 28
Kaminski and Sons Truck Equipment
245 Lewis St.
Quote Number: 4058
Buffalo, NY 14206
USA Quote Date: Jul 22, 2026
Page: 1
Voice: (716) 852-1954
Fax: (716) 852-1956
Aurora HWY Dept.
251 Quaker Rd.
East Aurora, NY 14052
_ Good Thru | Sales Rep |
8/21/26 Net 10 Days
1.00 SWAPLOADER Side HOOKLIFT FOR
96"-108" CAB TO AXLE.
1.00 FIXED 60" HIGH SLIDING JIB.
1.00 POLY SINGLE AXLE FENDERS.
1.00 REAR ICC BUMPER AND HITCH PLATE
INSTALLED WITH TRAILER PLUG
1.00 ACCOMODATES BODY SIZES FROM 10°
TO 13'
1.00 24,000 LB. HOOK AND DUMP CAPACITY
1.00 INSTALLED WITH PTO, DIRECT MOUNT 41,745.00 41,745.00
PUMP, HYDRAULIC RESERVOIR, ALL
LINES AND HOSES. IN CAB TWO LEVER
CONTROLS.
Subtotal 41,745.00
Sales Tax
TOTAL | 41,745.00
Page 29
E
a ee
bun af |
ura
BUDGET TRANSFER REQUEST FORM
Please note the following guidelines:
e A shortage of less than $750 per line can be satisfied with this form requesting a budget transfer(s) between lines that are within the responsibility of a
single Department Head. These will require the approval of the Supervisor.
e — A shortage of $750 or more per line can be satisfied with this form requesting a budget transfer(s) between lines that are within the responsibility of a
single Department Head. These will require the approval of the Town Board.
e — Ashortage of any amount can be satisfied with this form requesting a budget transfer(s) between lines which fall under the responsibility of different
Department Heads. These will require the approval of the Town Board.
e Budget transfers must be made PRIOR to the expenditure.
e _ All budget transfers must be submitted to the Supervisor’s Office using this form.
DEPARTMENT, d): CHARLES Shy pee fis
SIGNATURE: DATE: EL 11/226
1.8 ]0,000 — From: _f¥122© wiz Beep KESPEK 22, 1251/2
oe
TO: )4{220+04o2.
ACCT NO. : ACCT TITLE CURRENT BALANCE
Tem. Assr. To SvPV Commperu. =~
ACCT NO. ACCT TITLE m CURRENT BALANCE
REASON:1 *2@AT oveedenwnw SpPpeepertmion Accouny
2.$ FROM:
ACCT NO. ACCT TITLE CURRENT BALANCE
TO:
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REASON:
3.$ FROM:
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TO:
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REASON:
4.$ FROM:
ACCT NO. ACCT TITLE CURRENT BALANCE
TO:
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REASON:
5 .$ FROM:
ACCT NO. ACCT TITLE CURRENT BALANCE
TO:
ACCT NO. ACCT TITLE CURRENT BALANCE
REASON:
APPROVALS:
SUPERVISOR SIGNATURE =: Date:
TOWN BOARD MEETING APPROVAL DATE: Action #:
H:\KMoffat\My Files\Master Forms\Budget Transfer Request Form.doc
Page 30
F
ae +
Aurara
bin at |
BUDGET TRANSFER REQUEST FORM
Please note the following guidelines:
e A shortage of less than $750 per line can be satisfied with this form requesting a budget transfer(s) between lines that are within the responsibility of a
single Department Head. These will require the approval of the Supervisor.
A shortage of $750 or more per line can be satisfied with this form requesting a budget transfer(s) between lines that are within the responsibility of a
single Department Head. These will require the approval of the Town Board.
e — Ashortage of any amount can be satisfied with this form requesting a budget transfer(s) between lines which fall under the responsibility of different
Department Heads. These will require the approval of the Town Board.
e Budget transfers must be made PRIOR to the expenditure.
e _ All budget transfers must be submitted to the Supervisor’s Office using this form.
Heit? LIBIOCIE pf .
SIGNATURE: DATE: STISTE VIEL
G
1.§ 4208 7 prom: SR 599 FUND BALAUCE GG@CURRENT078BALANCE=
©)
ACCTNO. : ACCT TITLE
TO: 29030-0500 MCcim = Seeueizy -O-
ACCT NO. ACCT TITLE 7 CURRENT BALANCE
REASON:JO GofLECT OvVSe DAW ARRROP IATL) ACcouLy
es. FROM:
ACCT NO. ACCT TITLE CURRENT BALANCE
TO:
ACCT NO. ACCT TITLE CURRENT BALANCE
REASON:
3.$ FROM:
ACCT NO. ACCT TITLE CURRENT BALANCE
TO:
ACCT NO. ACCT TITLE CURRENT BALANCE
REASON:
4.$ FROM:
ACCT NO. ACCT TITLE CURRENT BALANCE
TO:
ACCT NO. ACCT TITLE CURRENT BALANCE
REASON:
5 .$ FROM:
ACCT NO. ACCT TITLE CURRENT BALANCE
TO:
ACCT NO. ACCT TITLE CURRENT BALANCE
REASON:
APPROVALS:
SUPERVISOR SIGNATURE : Date:
TOWN BOARD MEETING APPROVAL DATE: Action #:
H:\KMoffat\My Files\Master Forms\Budget Transfer Request Form.doc
Page 31
ome Teun of G
SUPERVISOR UU TOWN CLERK
CHARLES D. SNYDER JN JEANNE H. VIGER
(716) 652-7590 (716) 652-3280
[email protected] [email protected]
TOWN OF AURORA
575 Oakwood Avenue, East Aurora, NY 14052
www.townofaurorany.gov
MEMO
TO: Town Board
FROM: Kathleen Moffat
RE: Computer Surplus
DATE: August 24, 2026
] respectfully request approval to surplus the following computers that are no longer in use and have been
replaced:
e Dell Optiplex 9020 TOA #2182
e Dell Optiplex 9020 TOA #2158
© Dell Optiplex 3050 TOA #2701
The hard drives will be removed and locked for destruction at a later date. The remaining components will be
recycled with the Town’s fall recycling event.
Page 32
Lit ( H
SUPERVISOR “ Ur Ofa TOWN CLERK
CHARLES D. SNYDER ZN: JEANNE H. VIGER
(716) 652-7590 (716) 652-3280
[email protected] townclerk(@townofaurorany.gov
TOWN OF AURORA
575 Oakwood Avenue, East Aurora, NY 14052
www.townofaurorany.gov
MEMO
TO: Town Board
FROM: Kathleen Moffat
RE: Budget Amendment: Great Lakes Building Systems Invoice
DATE: August 10, 2026
I respectfully request approval to amend the budget to pay the Great Lakes Building Systems invoice for the
cost of the Brivo Door Security system approved at the May 26, 2026 meeting. The amendment is as follows:
e Reduce A 1990 Contingent Account (current balance of $38,762.24) by $15,674.00
e Increase A 1620.423 Preventative & Contractual Maintenance by $15,674.00
Page 33
Ben Garvey
Town of Aurora Planning Board Resignation
August 17, 2026
Town of Aurora Planning Board
Town of Aurora
Dear Members of the Planning Board and the Aurora Town Board,
I am writing to formally resign from my position on the Town of Aurora Planning Board, effective today, August
17, 2026.
I want to thank the Board and the Town for the opportunity to serve on the Planning Board. It has been a privilege to
contribute to the planning and development decisions that shape our community.
Sincerely,
Ben Garvey
Page 34
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ok
THIS INTERMUNICIPAL AGREEMENT (Agreement), made the 12TH
DAY OF AUGUST, 2026 by and between:
THE COUNTY OF ERIE, a municipal corporation of the State of New York,
having an office and place of business at 95 Franklin Street, Buffalo, New
York 14202, (hereinafter referred to as the “County’”)
and
THE TOWN OF AURORA municipal corporation of the State of New York,
having an office and place of business at 575 OAKWOOD AVENUE, EAST
AURORA, NY 14052 (hereinafter referred to as the “Town/Village’).
WHEREAS, the County and Town/Village, pursuant to General Municipal
Law §§ 119-0, and 244-b, and otherwise, have municipal powers to design, improve,
and maintain property for recreational purposes for the benefit of the public they
serve, and to enter into joint agreements for the same; and
WHEREAS, the County and Town/Village, pursuant to General Municipal
Law § 95-a, and otherwise, are hereby authorized and empowered to establish,
maintain and operate programs devoted in whole or in part to the welfare of the aging,
and to contract with private, nonprofit corporations, associations, institutions or
agencies for the operation and maintenance of such programs. Any such county, city,
Town/Village, village or school district may appropriate, raise and expend moneys for
the purposes of establishing, maintaining and operating, or contracting for the
operation and maintenance of such programs, and may also receive and expend
moneys from the state, the federal government or private individuals, corporations or
associations for such purposes.; and
WHEREAS, the County desires to assist the Municipality by funding its
BEAUTIFICATION AND LANDSCAPING ($5,000), AND AEDS $2,000 which
benefits the residents of the Town/Village, and County (hereinafter referred to as the
Project); and
Page 37
NOW, THEREFORE, in consideration of the premises and of the mutual _
representations, covenants and agreements herein set forth, the County and the
Town/Village, each binding itself, its successors and assigns, do mutually promise,
covenant and agree as follows:
ARTICLE I
THE PROJECT
Section 1.0. The Town/Village shall undertake the activities set forth in
Schedule “B”, which plans have been approved by the Town/Village and the County
and reimbursed in compliance with General Municipal Law, and other applicable local
laws.
ARTICLE II
PAYMENT
Section 2.0. In consideration of the improvements to be made to the Property,
the-County shall reimburse the Town/Village an amount not to exceed $7,000
(SEVEN THOUSAND DOLLARS) payable pursuant to the table attached hereto as
Schedule “C”. The County shall have no further obligation whatsoever for the
_ Property.
Any and all requests for payment shall be submitted by the Town/Village on properly
executed payment invoices of the County, substantiate time and expense for services provided,
and paid only after approval by the County. In no event shall a payment be made to the
Town/Village prior to completion of all improvements, the submission of reports and the
approval of same by the County.
All payment vouchers must be accompanied by a numbered invoice and must contain the
invoice number where indicated. All invoices submitted during each calendar year shall utilize
consecutive numbering and be non-repeating.
Except as otherwise expressly stated in this Agreement, no payment shall be made by the
County to the Town/Village for out-of-pocket expenses or disbursements made in connection
with the services rendered or the work to be performed hereunder.
Page 38
Prior to the making of any payments hereunder, the County may, at its option, audit such
books and records of the Town/Village as are reasonably pertinent to this Agreement to
substantiate the basis for payment. The County will not withhold payment pursuant to this
paragraph for more than thirty (30) days after payment would otherwise be due pursuant to the
provisions of this Section 2.0 but the County shall not be restricted from withholding payment
for cause found in the course of such audit or because of failure of the Town/Village to cooperate
with such audit. The County shall, in addition, have the right to audit such books and records
subsequent to payment, if such audit is commenced within one year following termination of this
Agreement.
ARTICLE UI
RIGHTS AND RESPONSIBILITIES OF THE TOWN/VILLAGE
REGARDING THE PROJECT
Section 3.0. The Town/Village shall have sole authority and control over the
development, operation, management, scheduling and maintenance of the PROJECT.
The PROJECT shall benefit all County residents.
Section 3.1. The Town/Village shall, at its sole cost and expense, assume full
responsibility for the operation of the Property in accordance with this Agreement and
for repair, maintenance and security of the Property in accordance with this
Agreement, all to the satisfaction of the County.
Section 3.2. The Property shall be open and available to the general public and
under no circumstance shall access be limited solely to residents of the Town/Village
or other designated local government.
Section 3.3. The Town/Village shall, at its sole cost and expense, repair,
maintain and properly supervise the Property, it being understood and agreed that such
repair, maintenance and supervision shall be performed by the Town/Village when
necessary and to correct hazardous conditions. The Town/Village shall, at its own
cost and expense, keep any and all refuse in containers and remove and dispose of
same as required.
Page 39
Section 3.4. Following construction of improvements on the Property, said
improvements shall be available to the public as required by this Agreement although
the Town/Village shall have sole discretion to schedule the use of same as appropriate.
Section 3.5. The Town/Village shall, at its own cost and expense, promptly
comply with all statutes, ordinances, rules, orders, regulations, codes and requirements
of the Federal, State, County and local governments and all insurance requirements
applicable to the said Property or any part thereof or applicable to this Agreement.
This shall include, but not be limited to, any and all Federal, State and Local
procurement laws; County Local Law No. 3-2018 known as the Erie County
Workforce Development and Diversification New York State Certified Worker
Training Program, and the New York State Environmental Quality Review Act
~ (SEQR), all to the extent applicable. The County’s Commissioner or his designee
shall be entitled to enter the Property, or any part thereof, at any and all times for any
and all purposes, without the need to obtain the consent or permission of the
Town/Village.
Section 3.6. All advertising and signage to be utilized by the Town/Village in
connection with the operation of the Property shall be subject to the prior written
approval of the Commissioner and shall be provided to the County in advance for
review. The Town/Village shall acknowledge the County’s contribution toward
improvement of the Property on any signs erected at the Property and on any other
publications, documents, etc. mentioning the Property.
ARTICLE IV
Has Been Removed from this Contract
Page 40
ARTICLE V
INSURANCE and INDEMNITY
5.0. The Town/Village shall procure and maintain insurance coverage for its
maintenance, operation and/or repair of the Property as specified in Schedule “D” attached
hereto and made a part hereof.
5.1 During the term of this Agreement, the Town/Village agrees to cause its
design professionals, contractors, sub-contractors and vendors to maintain insurance coverage
consistent with the insurance requirements included as Schedule “D” attached hereto and to
name the “County of Erie” as an additional insured on all such insurance policies, and to
provide to the County Attorney certificate(s) of insurance evidencing such insurance coverage
prior to the commencement of any work hereunder.
5.2 Notwithstanding the preceding sentence, the Town/Village may provide proof of
self-insurance in lieu of insurance policies for the work performed by its own professionals in
the design of the Project.
5.3. To the fullest extent authorized by law, the Town/Village, and its design
professionals shall indemnify and hold harmless the County, its officers, employees and
agents from and against any and all liability, damage, claims, demands, costs, judgments,
fees, attorney’s fees or loss arising directly or indirectly out of the performance or failure to
perform hereunder by the Town/Village or third parties under the direction or control of the
Town/Village; and to provide defense for and defend, at its sole expense, any and all claims,
demands or causes of action directly or indirectly arising out of this Agreement and to bear all
other costs and expenses related thereto.
Page 41
ARTICLE VI
RESPONSIBILITIES OF THE COUNTY
Section 6.0. The County shall have no responsibility for the operation, and
maintenance of the Property other than to provide the payment set forth in Section 2.0
hereof.
ARTICLE VII
TERM OF AGREEMENT
Section 7.0. The term of this agreement shall be ONE YEAR (1) year commencing on
AUGUST 12, 2026 unless terminated sooner as provided herein.
ARTICLE VIII
NOTICES
Section 8.0. All notices of any nature referred to in this Agreement shall be in writing
and either sent by registered or certified mail postage pre-paid, or sent by hand or overnight
courier, or sent by facsimile (with acknowledgment received and a copy of the notice sent by
overnight courier), to the respective addresses set forth below or to such other addresses as the
respective parties hereto may designate in writing. Notice shall be effective on the date of
receipt.
To the County:
Erie County Legislature
Office of the Minority Caucus
92 Franklin Street, 4 Flooe
Buffalo, NY 14202
with copies to:
County Attorney
95 Franklin Street, Room 1634
Buffalo, New York 14202
To the Town/Village:
TOWN OF AURORA
575 OAKWOOD AVENUE
EAST AURORA, NY 14052
with copies to: TOWN/VILLAGE ATTORNEY
Page 42
ARTICLE IX
MISCELLANEOUS
Section 9.0. Any purported delegation of duties or assignment of rights under
this Agreement without the prior express written consent of the County is void.
Section 9.1. The failure of the County to insist upon strict performance of any
term, condition or covenant herein shall not be deemed a waiver of any rights or
remedies that the County may have and shall not be deemed a waiver of any
subsequent breach or default in the terms, conditions or covenants herein.
Section 9.2. It is mutually understood and agreed that the terms, covenants,
conditions and agreements herein contained shall be binding upon the parties hereto
and upon their respective successors, legal representatives and assigns.
Section 9.3. This Agreement and its attachments constitute the entire
agreement between the parties hereto with respect to the subject matter hereof and
shall supersede all previous negotiations, commitments and writings. This Agreement
shall not be released, discharged, changed or modified except by an instrument in
writing signed by a duly authorized representative of each of the parties.
Section 9.4. It is recognized and understood that the Town/Village is not an
agent of the County and in accordance with such status, the Town/Village, its
consultant(s), its subcontractor(s), and their respective officers, agents, employees,
representatives and servants shall at all times during the term of this Agreement
neither hold themselves out as, nor claim to be acting in the capacity of officers,
employees, agents, representatives or servants of the County, nor make any claim,
demand or application for any right or privilege applicable to the County, including
without limitation, rights or privileges derived from workers compensation coverage,
unemployment insurance benefits, social security coverage and retirement
membership or credit.
Section 9.5. In the event that any one or more provisions, sections,
subsections, clauses or words of this Agreement are for any reason held to be illegal or
invalid, such illegality or invalidity shall not affect any other provision of this
Page 43
Agreement, but this Agreement shall be construed and enforced as if such illegal or
invalid section, subsection, clause or word has not been contained herein.
Section 9.6. This Agreement shall be deemed executory only to the extent of
funds appropriated and made available for the purpose of this Agreement and no
liability on account thereof shall be incurred by the County beyond the amount of such
appropriated funds.
Section 9.7. The Town/Village shall comply with Erie County Executive
Order 13 (2014) and agrees to complete the Certificate collectively attached hereto as
Exhibit “E” and made a part hereof. The Town/Village shall make such records
available, upon request, to the County’s Division of Equal Employment Opportunity
for review. The County shall have the right, upon reasonable notice and at reasonable
times, to inspect the books and records of the Town/Village its offices and facilities,
for the purpose of verifying information supplied in the Erie County Equal Pay
Certification and for any other purpose reasonably related to confirming the Agency’s
compliance with Erie County Executive Order 13 (2014). Notwithstanding the
termination provisions contained herein, violation of the provisions of Executive
Order 13 (2014), may constitute grounds for the immediate termination of this
Agreement and may constitute grounds for determining that the Town/Village is not
qualified to participate in future County contracts.
Section 9.8. All covenants, stipulations, promises, agreements and obligations
of the Town/Village and the County contained herein shall be deemed to be
stipulations, promises, agreements and obligations of the Town/Village and the
County and not of any member, officer or employee of the Town/Village or the
County in his individual capacity and no recourse shall be had for any obligation or
liability herein or any claim based thereon against any member, officer or employee of
the Town/Village or the County or any natural person executing this Agreement.
Section 9.9. This Agreement may be executed in two or more counterparts
and all counterparts so executed shall for all purposes constitute one agreement
binding upon all the parties hereto.
[END TEXT]
Page 44
IN WITNESS WHEREOF, the parties hereto have set their hands and seals
as of the day and year first above written.
COUNTY OF ERIE
TOWN OF AURORA
Mark C. Poloncarz / Lisa Chimera Name:
Title:
County Executive / Deputy County Executive
Dated: Dated:
APPROVED AS TO CONTENT
Name: STEVEN WHIPPLE
Title: Deputy Chief of Staff
Dated:
APPROVED AS TO FORM
County Attorney Repesentative
Document No.
Dated:
Page 45
SCHEDULE “A”
MAP OF THE PROPERTY
[to be attached]
10
Page 46
SCHEDULE “B”
SCOPE OF WORK
[to be attached]
1]
Page 47
SCHEDULE “C”
INVOICE
[to be attached]
12
Page 48
SCHEDULE “D”
STANDARD INSURANCE PROVISIONS
INSTRUCTIONS FOR COUNTY OF ERIE STANDARD INSURANCE CERTIFICATE
Insurance shall be procured and certificates delivered before commencement of work or delivery of merchandise or equipment.
Il. CERTIFICATES OF INSURANCE
A. Shall be made to the "County of Erie, 95 Franklin St, Buffalo NY, 14202"
B. Coverage must comply with all specifications of the contract.
C. Must be executed by an insurance company, agency or broker, which is licensed by the Insurance Department of the State of New
York. if executed by a broker, notarized copy of authorization to bind or certify coverage must be attached.
Il. Forward the completed certificate to: County of Erie, (Department or Division) responsible for entering into the agreement for construction,
purchase, lease or service.
1V. Minimum coverage with limits are as follows:
A B Cc D E F G
Construction Purchase or Professional Property Leased Concession- Livery All Purposes
Vendor and Lease Services To Others Or aires Services Public
Classification Maintenance of Merchandise or Use Services Entity Contract
Equipment Of Facilities
Or Grounds
Commercial Gen. Liab. $1,000,000 per occ. $1,000,000 CSL $1,000,000 CSL $1,000,000 $1,000,000 CSL $1,000,000 $1,000,000 CS
General Aggregate $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000
Products Completed
Operations Liability $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000
Blanket Broad Form
Contractual Liability INCLUDE
Contractual Liability INCLUDE INCLUDE INCLUDE INCLUDE INCLUDE INCLUDE
Broad Form P.D. INCLUDE
X.C.U. (explosion, INCLUDE
collapse, Underground)
Liquor Law INCLUDE INCLUDE
Auto Liab. $1,000,000 CSL $1,000,000 CSL_| $1,000,000 CSL | $1,000,000 CSL | $1,000,000 CSL | $1,000,000 CS
Owned INCLUDE INCLUDE INCLUDE INCLUDE INCLUDE INCLUDE
Hired INCLUDE INCLUDE INCLUDE INCLUDE INCLUDE INCLUDE
Non-Owned INCLUDE INCLUDE INCLUDE INCLUDE INCLUDE INCLUDE
Excess/Umbrella Liab. $5,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $5,000,000 $1,000,000
Worker's Compensation STATUTORY STATUTORY STATUTORY STATUTORY STATUTORY STATUTORY STATUTORY
& Employer's Liability
Disability Benefits STATUTORY STATUTORY STATUTORY STATUTORY STATUTORY STATUTORY STATUTORY
Professional Liability $5,000,000
Broad Form
Erie County, To Be Named, Gen. Liab., Auto Vendors May Gen. Liab., Auto | Gen. Liab., Auto | Gen. Liab., Auto | Gen. Liab., Auto | Gen. Liab., Aut
Add'l Insd. Liab., & Excess Be Required Liab., & Excess Liab., & Excess Liab., & Excess Liab., & Excess Liab., & Exces:
V. Construction contracts require excess Umbrella Liability limits of $5,000,000.
Vi. Coverage must be provided on a primary-noncontributory bases.
Vil. Designated Construction Project General Aggregate Limit Per Project Endorsement CG 25 03 is required.
Vill. If the concessionaire is required to have a N.Y.S. license to dispense alcoholic beverages an endorsement for liquor liability is required.
iX. Waiver of Subrogation: Required on all lines unless noted.
13
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x. Transportation of people in buses, vans or station wagons requires $5,000,000 excess liability.
XI. Workers Compensation: State Workers’ Compensation / Disability Benefits Law --- Use Applicable Certificates Below:
Workers Compensation Forms DBL (Disability Benefits Law) Forms
CE-200 Exemption CE-200 Exemption
C105.2 Commercial Insurer DB-120.1 Insurers
Sl-12 Self Insurer DB-155 Self Insured
GSI-105.2 Group Self Insured
U-26.3 New York State Insurance Fund
XII. The "ACORD" form certificate may be used in place of the County of Erie Standard Insurance Certificate, provided that all of the above
referenced requirements are incorporated into the "ACORD" form certificate.
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Page 50
SCHEDULE “E”
ERIE COUNTY EQUAL PAY CERTIFICATION
(Reference Contract Paragraph 9,7)
15
Page 51
Erie County Equal Pay Certification
In order to comply with Executive Order 13 dated November 6, 2014, we hereby certify that we
are in compliance with federal law, including the Equal Pay Act of 1963, Title VII of the Civil
Rights Act of 1964, Federal Executive Order 11246 of September 24, 1965 and New York State
Labor Law Section 194 (together “Equal Pay Law”). The average compensation for female
employees is not consistently below the average compensation for male employees, taking into
account mitigating factors. We understand that this certification is a material component of this
contract. Violation of the provisions of Executive Order 13, which is attached hereto and made
a part hereof, can constitute grounds for the immediate termination of this contract and may
constitute grounds for determining that a bidder is not qualified to participate in future county
contracts.
We have evaluated wages and benefits to ensure compliance with the Federal Equal Pay Law.
Signature
Verification
STATE OF )
COUNTY OF )
SS:
A)
, being duly sworn, states he or she is the
owner of (or a partner in) , and is making
the foregoing Certification and that the statements and representations made in the Certification
are true to his or her own knowledge.
B)
, being duly sworn, states that he or she is
the (Name of Corporate Officer)
, of
b)
(Title of Corporate Officer) (Name of Corporation)
the enterprise making the foregoing Certification, that he or she has read the Certification and
knows its contents, that the statements and representations made in the Certification are true to
his or her own knowledge, and that the Certification is made at the direction of the Board of
Directors of the Corporation.
Sworn to before me this Day of , 20
Notary Public
16