12_14_2015_Minutes.pdf - New Milford

NEW MILFORD TOWN COUNCILREGULAR MEETING

MINUTES

DECEMBER 14, 2015

Members Mayor David Gronbachcv

Present: Peter Basscv

WalterBayerLLI EL

Scott Chamberlain L..1

Tom Esposito

Katy Francis wI-- CZ

Mary Jane Lundgren LP%

Jessica Richardson

Paul Szymanski

Frank Wargo

Others Francesca Romani, Executive SecretaryPresent: John Tower, Town Attorney

1. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE

Mayor Gronbach led the room in the Pledge of Allegiance and a moment of silence.An additional moment of silence ensued in honor of the victims of the Sandy Hooktragedy which occurred three years ago on this day.

2. PUBLIC COMMENT

Mr. Peter Orenski of 101 Bel Air Drive stated he would like to bestow two gifts to theTown. The first would be a new American-made Connecticut flag for the E. PaulMartin Room. He noted that if the gift was accepted he also has the correct finialonly the US flag should have an eagle, he explained) and a pole and stand for it as

well. Mayor Gronbach stated it would be much appreciated.

The second gift he would like to bestow is a 5 x 8 American flag to fly in front of theTown Hall. He noted that the current flag is 3 x 5 and is not the appropriate size. He

noted that the flags that should be flown are a 5 x 8 American flag, a 3 x 5 NewMilford flag and a 3 x 5 POW/MIA flag. Mayor Gronbach stated he would appreciatethe gift.

Chief James Ferlow of Water Witch Hose Company # 2 spoke on behalf of the fire

house in regards to the Hazard Mitigation Plan that is before the members thisevening. He noted that the fire department is in favor of this plan. He provided

information for and reviewed the 2 '/ 2 inches worth of paperwork in the plan andencouraged the adoption of this guidance manual. The Plan is also helpful for the fire

department to obtain FEMA grants for both the itself and the town.

NEW MILFORD TOWN COUNCIL—REGULAR MEETING—MINUTES—DECEMBER 14, 2015 Page 1 of 8

The fire department would like to get a FEMA grant for a regional aerial truck ratherthan trying to replace their aging aerial truck. They are trying to think outside of thebox to obtain funding for their needs to keep the community safe.

3. APPROVAL OF PRIOR MINUTES

Regular Town Council Meeting Minutes November 23, 2015

Item 7 Updates was amended to show that the word " band" in the first line of

paragraph 3 was changed to say" BAN".

Mr. Bayer moved the Town Council approve the minutes of theNovember 23, 2015 Town Council meeting as amended. Themotion was seconded by Mrs. Lundgren and carried

unanimously.

Special Organizational Meeting Minutes December 2, 2015

Mrs. Lundgren stated a change should be made to the motion appointing the TownAttorney. The word " and" in the second line should be changed to the word " of' andthe letters " LLP" should be added after the firm name Cramer & Anderson. Finally,

an" s" should be added to the word" attorney" in the third line.

Mr. Bass asked that his comments be included to Item 9, Town Council Rules andProcedures, regarding the Town Council having the opportunity to add items to theagenda as per the Town Charter. This was agreed upon at the meeting and he wouldlike to add it to the minutes. It was also noted that the meetings will be starting at 7: 00p.m. as of January 2016.

Mrs. Lundgren moved the Town Council approve the minutes ofthe December 2, 2015 Special Organizational meeting as

amended. The motion was seconded by Mr. Chamberlain andcarried unanimously.

4. MAYOR' S REMARKS

Mayor Gronbach stated that longtime Finance Director Ray Jankowski will be retiringon February 5, 2016. He extended his thanks from himself, the town, and previous

Town Councils and Mayors. His hard work is appreciated by all. He noted there willbe a more appropriate thank you later on.

He has put the JPS Committee on hold for the time being until such time as a facilitiesreview can be done with Facilities and the Department of Public Works to determinethe state of the building before setting forth a committee to determine an appropriateuse for it.

He noted there will be a holiday party in his office on December 18, 2015 from 12p.m. to 5 p.m. The community is invited to stop in. Light refreshments will be served.


He noted that there are appointments for some vacant slots on various boards andcommissions. He stated that as per the Charter, they have until March to fill theseslots. Therefore, if anyone is interested, he would be happy to refer them to theirrespective town committee ( RTC or DTC) and consider the recommendations.

Independents would come to the Mayor' s office and he would address themindividually.

He wished everyone Merry Christmas, happy holidays, and a Happy Chanukah.

5. APPOINTMENTS

HRRA (Housatonic Resources Recovery Authority) membership for MayorDavid R. Gronbach

Mr. Szymanski asked if the former member had stepped down. Mayor Gronbach

stated that the former Mayor was the appointee and as per the HRRA charter, themember must be appointed by the Town Council. As the previous Mayor was seated

on the HRRA, Mr. Szymanski asked if she had stepped down. Mayor Gronbach statedthat he believes the appointment goes with the position so she would no longer beseated in this capacity.

Mr. Bass moved the Town Council approve appointment ofMayor David R. Gronbach as a member of the HousatonicResources Recovery Authority representing New Milford. TheMotion was seconded by Mrs. Lundgren and carried

unanimously.

6. RE-APPOINTMENTS

Northwest Connecticut Public Safety Communications Center Inc.Donna T. Hespe( U) 01/ 01/ 2016— 12/ 31/ 2017

Mrs. Lundgren moved the Town Council approve appointment of

Donna T. Hespe ( U) as a member of the Northwest ConnecticutPublic Safety Communications Center, Inc. representing NewMilford for the term January 1, 2016 through December 31,2017. The motion was seconded by Mr. Bayer and carriedunanimously.

7. TAX COLLECTOR

December Refunds

Mayor Gronbach stated that the balance before the tax refunds was $ 18, 960.50 and the

balance after the refunds is $ 18, 482. 12.

Mr. Bass moved the Town Council approve the December taxrefunds in the amount of $478.38 noting there are sufficient


funds in the account to do so. The motion was seconded by Airs.Lundgren and carried unanimously.

8. MAYOR' S OFFICE

A. Discussion and possible action to authorize the Town of Sherman with theCandlewood Lake Authority as its agent to submit on behalf of the Town of NewMilford, a proposal for the funds for the Intertown Capital EquipmentPurchasing Incentive ( ICE) Program, for the purpose of purchasing a Safety

Patrol Boat for use by the Candlewood Lake Authority Marine Patrol.

Mr. Szymanski asked if there were any additional quotes as he was under theassumption ( as per the letter from the CLA) that there were more quotes received,

however there was only one in the packet the members received. Mayor Gronbach

stated that he did not believe that there were other quotes. He also noted this is an

authorization to apply for the grant that would pay for the boat would be shared by allfive towns surrounding Candlewood Lake. This item has been reviewed by the Town

Attorney and was found to be satisfactory and previously signed by former MayorMurphy.

Airs. Lundgren moved the Town Council authorize the Town ofSherman with the Candlewood Lake Authority as its agent tosubmit on behalf of the Town ofNew Milford, a proposalfor thefundsfor the Intertown Capital Equipment Purchasing IncentiveICE) Program, for the purpose of purchasing a Safety Patrol

Boat for use by the Candlewood Lake Authority Marine Patrol.The motion was seconded by Mr. Chamberlain and carried

unanimously.

B. Discussion and possible action to authorize a new contract with Fibertech,

previously executed, that established the Board of Education building on EastStreet as the location of the CEN ( Nutmeg) network. Since the location of thenetwork will now be the Police Department at 49 Poplar Street, authorization issought to execute a new contract with the revised address. All other materialterms of the contract have remained the same.

Mayor Gronbach noted that the building location for the network has been changed tothe Police Department building. Everything else remains the same in the contract.There are no additional costs. Mr. Szymanski stated that the CEN network was to be

housed at Sarah Noble School. He wondered if the costs would be lower. Mayor

Gronbach stated there are no additional costs, but there could be a reduction in costsand he would speak to the IT Department to be sure before he signs the newagreement.

Mr. Chamberlain moved the Town Council authorize, as

submitted, a new contract rvitlr Fibertech, as the network will

now be located in the Police Department building at 49 Poplar


Street. All other material terms of the contract remain the same.The motion ; vas seconded by Mr. Wargo and carried

unanimously.

9. DEPARTMENT OF PUBLIC WORKS

Resolution to adopt the Town of New Milford Hazard Mitigation Plan preparedby Milone& MacBroom Inc.

It was noted that the Plan was endorsed by the Department of Public Works.

Mrs. Lundgren moved the Town Council approve the HazardMitigation Platt as prepared by Milone & MacBroom, Inc. for

the Town ofNew Milford asfollows:

WHEREAS, the town of New Milford has historicallyexperienced severe damage from natural hazards and it

continues to be vulnerable to the effects of those natural hazardsprofiled in the plan (e.g. flooding, high wind, thunderstorms,winter storms, earthquakes, dam failure, and; wildfires), resulting

in loss of property and life, economic hardship, and threats topublic health and safety; and

WHEREAS, the Town of New Milford has developed andreceived conditional approval from the Federal EmergencyManagement Agency ( FEMA) for its Hazard Mitigation Plan

under the requirements of44 CFR 201. 6; and

WHEREAS, public and committee meetings were held between

January 2014 and May 2014 regarding the development andreview of the Hazard Mitigation Platt; and

WHEREAS, the Hazard Mitigation Plan specifically addresseshazard mitigation strategies and Platt maintenance procedure for

the Town ofNew Milford; and

WHEREAS, the Plan recommends several hazard mitigationactions/projects that will provide mitigation for specific natural

hazards that impact the town of New Milford, with the effect ofprotecting people and property front loss associated with thosehazards; and

WHEREAS, adoption of this Plan will make the Town of NewMilford eligible for funding to alleviate the impacts of futurehazards; now therefore be it

RESOLVED by the Town Council:1. The Plan is hereby adopted as an official plan of the Town of

New Milford;

NEW MILFORD TOWN COUNCIL—REGULAR MEETING—MINUTES-- DECEMBER 14, 2015 Page 5 of 8

2. The respective officials identified in the mitigation strategy of thePlan are hereby directed to pursue implementation of therecommended actions assigned to them;

3. Future revisions and Plait maintenance required by 44 CFR201. 6 and FEMA are hereby adopted as a part of this resolutionfor a period offive (5) years from the date of this resolution; and

4. An annual report on the progress of the implementation elements

of the Plan shall be presented to the Town Council by theEmergency Management Director.

The motion was seconded by Mr. Wargo and carried

unanimously.

10. FINANCE

Discussion and possible action to approve the following Fund Balance

designations from the June 30, 2015 Fund Balance:

A. Gaylordsville Radio$ 5,000

A request came in from the Gaylordsville Fire Department for their radio system in theamount of$ 5, 000. This money will be taken from the June 30, 2 015 Fund Balance.It was cut out of the police department budget this year and the prior Mayordetermined that the fire department needed the money. Mr. Szymanski asked if the

money that was left over from the Police Department upgrades and emergencyservices work was still available. He thought that the money would be used for itemssuch as these. Mr. Jankowski stated that although that was the case, those funds havebeen expended.

Mr. Chantberlailt moved approve the designation of$5,000fromthe June 30, 2015 Fund Balance for Gaylordsville FireDepartment radios. The motion was seconded by Mrs.Lundgren and carried unanimously.

B. Charter Revision$ 5,000

These monies were not used the previous year and would be added to the CharterRevision. This money was in the Town Council' s budget for last year and it was notutilized as Charter revision was not started.

Mrs. Lundgren moved approve the designation of $5,000 froththe June 30, 2015 Fund Balance for Charter Revision. The

motion was seconded by Mr. Chamberlain and carried

unanimously.


11. EXECUTIVE SESSION

Discussion and possible action regarding Town Hall employees and performanceissues.

Brief discussion ensued regarding whether this agenda item was warned correctly.Mr. Bass felt that this item should be tabled to the next regular meeting as the purposedoes not reference a person or a department, but a generalization, and is not FOIAcomplaint.

Attorney Tower stated that after reviewing this item, he felt that it was compliancewith an exception to FOIA, Item 6A, Section 1- 200. He felt it reasonably informs thepublic of the content to be discussed. As this Executive Session is to discuss more

than one employee, he feels the reference to Town Hall employees is proper.

Mr. Bass noted that he called the Office of Governmental Accountability and spoke tothe Freedom of Information Commission attorney and was told that the warning wasnot compliant with going into Executive Session. He was told the wording isincorrect. He also got some case history for review. He suggested tabling the item tomake sure it is compliant.

Mayor Gronbach suggested taking a five-minute recess to discuss the matter in orderto determine whether or not it should be handled this evening and to allow AttorneyTower to review the information Mr. Bass gathered.

Upon restarting the session after the recess, Attorney Tower stated that he hasreviewed the information provided by Mr. Bass and conferred with Attorney DiBellawho also feels that this item is warned properly for this meeting. Attorney Towernoted that the warning is for two former employees. The rule is different for this

situation. Brief discussion ensued regarding amending the agenda to properly identifythe topic. Attorney Tower noted that normally with a 2/ 3 vote the agenda can beamended, however, this is not the case for this Executive Session matter.

Members agreed that they would hear this agenda item. Mr. Bass stated he would

recuse himself from the discussion and vote because he did not feel that it was

properly warned. He would not remain in the room for the discussion. Mr. Szymanskistated that because it concerns a former Town Hall employee, he feels comfortable todiscuss the issue in Executive Session.

Mrs. Lundgren moved the Town Council go into ExecutiveSession to discuss Town Hall employees and performance issues.

Attorney John Tower was invited in to the session. The motion

was seconded by Mr. Chamberlain and carried with an 8-0-1vote. Mr. Bayer, Ms. Francis, Mr. Szymanski, Mr. Chamberlain,Mrs. Lundgren, Mr. Esposito, Ms. Richardson, and Mr. Wargovoted in favor of the motion. Mr. Bass recused himselffrom thisagenda item.

Members came out of Executive Session. No actions were taken nor any votes made.


Add: DONATION OF FLAGS FROM" THE FLAG MAN" PETER ORENSKI

Discussion and possible action on the acceptance of donation of flags, finial, andstand from Peter" The Flag Man" Orenski.

Mr. Bass moved the Town Council suspend the rules to add to

the agenda and accept a donation offlags,finial, and standfromPeter " The Flag Man" Orenski. The motion was seconded byMr. Chamberlain and carried unanimously.

Mr. Bayer moved the Town Council adjourn at 8: 45 p.m. The

motion was seconded by Mr. Esposito and carried unanimously.

Respectfully submitted,

9(aer,( 4(40(9--

Judilynn Ferlow

Recording Secretaryjlf


New Milford Town Council MeetingDate: \

SPEAKER' S SIGN IN SHEET

Please Print Clearly

Name: Address:

CD.LS i 101

TOWN OF NEW MILFORD170TH,

OQ9a Town Hall

10 Main Street

t") New Milford, Connecticut 0677614-_

Telephone( 860) 355- 6085 • Fax( 860) 355- 6032

At0

Office of the Tax Collector

December 14, 2015

TO: Honorable David Gronbach, Mayor

Honorable Raymond J. Jankowski, Director of FinanceHonorable Members of Town Council

FROM: Kathleen Conway, Assessor

Nancy McGavic, Tax Collector

RE: December refunds

Balance in refund account: 18,960.50

Account# 6028-001-0001- 0000

December refunds 478.38

Balance after December refunds 18,482. 12

Respectfully Submitted:

Kathleen Conway, Assessor and Nancy McGavic, Tax Collector

December 14, 2015 refunds

LAST NAME FIRST NAME LIST# TYPE GLY AMOUNT NOTES

Coster Nicole 190585 MV 2013 24.56 adjusted

Fitzgibbons Matthew 60573 MV 2014 32.77 adjusted

Hadden Marcie 80024 MV 2014 177. 97 adjusted

Kettner Karl 110343 MV 2014 28. 11 adjusted

Nelson Peter or Stephanie 140155/ 140156 MV 2014 117.92 adjusted

Padilla Charlotte 160028 MV 2014 36. 17 adjusted

Yarosis Thomas 250055 MV 2014 60.88 adjusted

Total 478.38

1

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TOWN OF NEW MILFORD1707 e g age"0 y Town Hall

10 Main StreetNew Milford Connecticut 06776'

s7`' Telephone( 860) 355- 6010 • Fax ( 860) 355- 6002v ycs

Office of Patricia Murphy, Mayor

November 24, 2015

To whom it may concern:

I, Patricia. Murphy, Mayor of the Town of New Milford, authorize the Town of Sherman with theCandlewood Lake Authority as its agent to submit on behalf of the Town of New Milford, a proposal forthe funds for the Intertown Capital Equipment Purchasing Incentive ( ICE) Program administered by theOffice of Policy and Management, for the purpose of purchasing a Safety Patrol Boat for use by theCandlewood Lake Authority Marine Patrol.

The Candlewood Lake Authority Marine Patrols will utilize the boat on Candlewood Lake in its surroundingTowns of Brookfield, New Fairfield, New Milford, Shermnn and the City of Danbury.

r iiiutphy, Ma • r

Prz/02zi,, 24,_-/Iice ' Date

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11/ 18/ 201 5 Town of New Milford Mail- URGENT Grant application aria boat t..apitai reserve nequesi to iviunc; ipiiuea

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Mayor : rphy <mayoridnewniilford-orar

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URGENT Grant application and Boat Capital Reserve Request to Municipalities

CLAADMIN < CLAADMIN@earthlink. net> Tue, Nov 17, 2015 at 4: 44 PM

To: IVlark Boughton < M. Boughton@ci. danbury.ct.us>, Susan Chapman < SChapman@newfairfield. org>, William

Tinsley <[email protected]>, Pat Murphy < mayor@newmilford. org>, Clay Cope

[email protected]>

Cc: "` I- own of Brookfield, Ginny Giovanniello" < [email protected]>, Ruth Bymes

[email protected]>, Wayne Shepperd < [email protected]>, Regina Doran

rdoran@newfairfield. org>, Larry J Marsicano < claexecdir@earthlink. net>

Attached is a letter asking for approval to apply for an ICE grant for the purpose of replacing one of the twoCandlewood Lake Authority Marine Patrol vessels, as well as a request for funds from your Capital ReserveAccount. A hard copy of this will be mailed to you this week.

i

Kind regards,

Frances FrattiniAdministrative Coordinator

Candlewood Lake AuthorityP. O. Box 37

pcSherman, CT 06784 JPhone: 860-354-6928

Fax: 860-350-5611tEmail: ::

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The information in this email is intended only for the person or entity to which it is addressed and may contain confidential and/ orprivileged material Any review, retransmissions, dissemination or other use of or taking of any action in reliance upon thisinformation by persons or entities other than the intended recipient is prohibited. If you receive this email in error, pleasecontact the sender and delete the material from any computer

5 attachments

iLetter to CEO's. pdf

147K

9, EchoBayRepairReportl0_30_ 15. pdf

472K

r CLA PatrolBoat Specs_Final. pdf203K

aPatrolBoat Quote AtlanticMarine.pdf359K

https:// mai I. google.com/ m ai I/ b/ 57/u/ 0/? ui= 2&i k= b07845854a&view= pt&search= inbox&th= 1511768a1543e5e2& s i m 1= 1511768a1543e5e2 1/ 2

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cANDLEw0OD LA AUTHORITYti# It#t 1t 1, ti t tr^.\ t( 1 U # I 11C:a4 t, 0 4t,(?; 1 3 6 1 24 • # i\ 3^ i% 3; t,

November 17. 2015

Dear Chief Elected Officials of Candlewood Lake Municipalities:

lam writing to ask for your support and approval of an emergency appropriation from your Capital ReserveFund to enable us to purchase a replacement Candlewood Lake Authority Patrol Boat.This past July 2015 our 2002 McKee Patrol Boat developed serious cracks in the transom and partially sank at thedock. It Ni' as taken to Echo Bay Marina for possible repair. It was determined to have the following faults:

Structural faults and transom cracks- making it unseaworthyThe 3 layer hull, a sandwiched inner fiberglass hull and outer fiberglass hull between a foam core,hadseparated( de- laminated) making the hull structurally unsound. This de- lamination of hull betweenfiberglass interior, foam core, and fiberglass exterior is un- repairable.

As a result, the hull was continually taking on water and it was determined unable to seal properly toprevent continued water seepage due to above structural defects.

The assessment made by Echo Bay Marina after a thorough inspection deemed the vessel to be unsafe for lakeusage. They indicated that these conditions are not repairable and as a result this boat needs to be permanently takenout of service. The replacement of this boat is critical to our continued operation of the Candlewood Lake MarinePatrol and the coverage required for maintaining public safety and boating law enforcement. The CLA operates twoPatrol Boats on Candlewood Lake and cannot provide coverage and support properly with only one operating PatrolBoat.

Time is of the essence as the Boat purchase order would need to be placed by December 18t to ensure timelydelivery and in the water in time for the start of the April- May 2016 boating season.As you know our Patrol Boats are used on Candlewood Lake to provide for.

Providing 1100 hours per season of on the water Lake Patrol May to September.Emergency response to boating accidents, medical emergenciesEnforce State Boating Law Safety, Marine Sanitation Regulations& Invasive Species lawsEnforce of Boating Under Influence control

Emergency towing service for stranded boaters( 50+ tows per year).Assist disabled vessels.Provide Public Safety presence during lake events( Clean- up, Dragon Boat Race, Fireworks, FishingTournaments )

Check activity at public launches, Down the Hatch, Chicken Rock, respond to concerns of public calledinto CLA office

Provide lost boater assistance, guidance& directions, out of fuel assistance removal of boating hazards,floating logs& large debris.

Resolve domestic disputes. and inappropriate boating behaviors, conduct Safety checks to ensurecompliance of registration, proper boating license, life vest etc. on boats.

We have carefully reviewed our purchase options, established a Boat Replacement committee, and received severalquotes in regards to this purchase. We have chosen a Mid- Level economy model that we feel has the requiredfeatures sufficient for our use. The 10 year hull warranty and estimated 20 year useful life was an important featurein our decision. Please see copies of 3 quotes with same specs attached.

Salvage Items: In an effort to reduce expenses we also considered any components on the existing Boat havingsalvage value. We will remove the PA system. Antenna. Light Bar and recently purchased State Emergency Radio

www.candlewoodlakeauthority.org

J

227 Candles cx>d Lake Rd.

Brookfield, CT 06804 10/30/ 2015

atoilir ----- d Tel: ( 203) 775- 707'

CCH Fax: ( 203) 775- g8()9

Website.ebsite' wv, n•.echobat•marina.com

1ARIAARIN

Hello CLA:

I would like to give the CLA a little update as to the status of the hull on the largerMcKee 2 craft in for possible repair. The vessel required several critical repairs duringthe summer of 2015 beginning in July.

1.) Emergency repairs were done on the boat this summer to reinforce the transomwhere it was cracking

2.) A few weeks later it required us to re- bed the scuppers that were leaking profusely

3.) Further inspection was warranted to determine the cause of these odd- ballfailures. After the second semi- significant repair in a few weeks we started carefully

poking around to figure out what was going on with these two "odd ball" failures

4 ) We have concluded that the hull is unsafe and the boat is not lakeworthy.The method of construction for that particular hull appears to essentially bond arelatively light interior hull liner and a relatively light exterior hull together with foamWhen these two halves are bonded together it stiffens the boat up nicely (similar to

stress skin panel construction). The problem lies in the fact the foam that was utilized

appears to have absorbed an awesome amount of water ultimately compromising thebond between the foam and the two hull sides. ( We had the boat parked on a steep

bank for approx 3 days and easily drained 30+ gallons of water out of the foam with awhole lot more water still absorbed in the foam. The consistency of the foam is allmush now and is no longer bonding the hull halves together causing excessive flexing ofthe hull ( which it is our opinion what led to the cracked transom and leaking scupperassemblies). I do not believe there is any practical way to fix this problem In my

opinion the hull should be scrapped, as it is no longer a lakeworthy boat.

5.) Salvageable items on the boat would be:

a.) The new Emergency Radio system can easily be removed and remounted on a newboat.

b.) The engine is relatively old and has high hours on it, but could be used as a possiblespare.

C.) Light Bar - again this could be used as a spare for other patrol Boat owned bythe CLA or possibly mounted on new replacement boat.

d.) The old controls.. can be saved for spare parts to reduce repair cost on the otherMcKee patrol boat owned by CLA.

Sincerely

Marc Rogg — Echo Bay Marina

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Candlewood Lake AuthorityMarine Patrol Vessel Specifications

Mandatory Standard Requirements:1) Vessel length( 21 FT Minimum)2) Center Console Vessel***3) Beam( 8 FT Minimum)4) Free Board( Cockpit Depth 2 FT Minimum)5) T-Top ( Hardtop Fiberglass w/ Lockable Radio Box)6) 200 HP Yamaha Engine-( optional quote on 225 HSP engine)7) 80 Gallon Minimum Fuel Tank Capacity8) Dual Battery w/ Switch9) Trailer W/ Brakes( Requirement for GVWR Over 3000Ibs)

10) Rub Rail

11) Bilge Pump w/Automatic Float Switch12) Bow Grab Rails

13) Bow and Stern Eyelets14) Spring Line Cleats( Port and Starboard Sides)15) Swim Platform w/Ladder16) Single Spot Light& Four Lights( Light Capability: Bow, Stern, Port, and Starboard Sides)17) Plexiglas Windshield

18) 10 Year Mfg. Hull Warranty19) Garmin

20) VHF Radio and Antenna

21) Shipping Cost:

Required Accessories:1) Torsional Vessel Tow Bar— Aftermarket Install— Required for towing disabled vessels.2) Lockable Compartment Box3) LED Navigational Lights4) Keel Guard for Bow Protection5) Stainless Steel Propeller6) Bumper System ( Port and Starboard Sides- 3 per side)7) Stainless Steel Steering Wheel8) Backrest For Helm Seat9) 8 Inch Cleats ( 6 Minimum) or 6" ok10) Overhead Cockpit Light— Visibility for Night patrol11) Compass

12) Hour Gauge

13) Anchor/Compartment Storage Lockers14) Fire Extinguisher

15) Lettering the Boat—CLAMP specs.Console Configuration must be of adequate size to mount required equipment— must confirm

Plus : Cost to remove and re- install Salvage Equipment Items :1.) State Emergency Radio with Antenna; 2.) Siren and PA with Control; 3.) Light Bar Alley lights and Controls,

Robalo - Center Console R222

RBA I11 M

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Atlantic Outboard 4-

475 Boston Post Road 4,..,----

Westbrook CT 06498 r

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Phone: $ 60-399-67737. Y

Candlev 0l d lake authority

Specifications Included Items Price

Length 21' 6" F200XB 25" 43, 881. 00

Width 8' 6" ALUMINUM T-TOP with FIBERGLASS TOP 5, 119. 00

Fuel Capacity 90T-TOP ELECTRONICS BOX POWDER COATED( REQUIRES R722) 469.00

Max Horsepower 250FULL TRANSOM SEAT W/ PROTELINVE COVER( FOLDS FLUSH INTO 933. 00

TRANSOM WALL)

Standard FeaturesPULL UP CLEATS- STAINLESS STEEL WITH ROBALO LOGO 228.00

110 Volt Battery Charger/ Maintainer- 12V DC Receptacle on Dash- PREP FEE 895. 00

Aluminum Framed Acrylic Windshield With SS Grab Rail- Aluminum Panel Freight customer pickup0. 00

with Weatherproof 55 Toggle Switches and Circuit Breakers- Bilge Pumpwith Automatic Switch- Direct Component Wiring with Buss Bars andWaterproof Ring Terminals- Dual Battery System with Crossover Switch-Electrical Connectors Triple 0-Ring- Sealed and Water Tight- Entry intoConsole from Forward Side- Fiberglass Console Door- Hinged- ForwardConsole Seat and Bolster- Fuel Anti-Theft Device- Fuel/ Water Separator-Hydraulic Steering with Tilt Helm( Sea Star)- Lighted High Speed Compass- Sale Price $ 51, 525.00

Molded Electronics Face with 12V Wiring Buss inside Console- NavigationLights- Premium Sound System Includes: 4-Speaker AM/ FM CD Player,Remote Control and Display, MP3 Plug and Ipod Holder( Includes SiriusSatellite Radio Tuner& Antenna)- Rubber Floor Mat- Stainless Steel DrinkHolders( 2) plus( 2) in Bow- Stainless Steel Grab Rail- Storage on Top ofConsole with Drains- Vertical Rod Storage( 6)- Voltage Regulating SystemVRS)- Yamaha Digital Gaugesl0 Year Limited Hull Warranty- Anchor Ropeand Chain Locker on Bow- Hydro Lift'" Multi Angle Hull Design- ImedgePremium Gel Coat- Kevlar Reinforced Hull- Perma- Panel Structural System

Poured Composite Transom Coring- Rubrail- Heavy Duty w/ SS Insert-Stainless Steel Bow and Stem Eyes- Stainless Steel Four- Bolt Cleats,Through Bolted with Backing Plates- Stainless Steel Hull Anchor Chafe Plate

Stainless Steel Transom Trim- Three Blade Stainless Steel Prop( 150 OnlyThree-Step Telescoping Boarding Ladder with Handle- Thru Hull Fittings

Welded 316 Stainless Steel Bow Rails with Backing Plates

Notes

Manufacturers reserve the right to change product specifications and standard features at any time without notice or incurring obligations to the dealer or manufacturer.)

Addendum to basic Robalo —Center Console R222 Quote forCandlewood Lake AuthorityFrom : Atlantic Outboard

475 Boston Post Rd.

Westbrook, CT 06498

From: Chris Landry< chris(c atianticoutboard. com>Date: Mon, Nov 16, 2015 at 10:25 AMSubject: Atlantic Outboard quoteTo• " phyllis.schaer<camail.com"< phvliis.schaer'cJornail.corn>

Hello Phyllis.

Germ in GPS 7610xsv 10" 2699. 99Bronze thru hull transducer 299. 99Remote control spotlight 469. 99Keel guard white 8ft 181. 99Fire extinguisher. 34.39VHF radio 364. 99NMEA 2000 kit( links VHF to GPS) 110. 00Antenna mount. 49.994' galaxy VHF antenna 141. 998 large fenders 520.00Karavan SLT 5800 Trailer. 4, 000.00

Shipping from GA to CT. 1648. 00

MATERIALS TOTAL. 10, 521. 32

Labor 6 hours. 750.00Install salvage equipment- Labor 700. 00

Existing...CB radio and Antenna,siren and PA. Light bar.)

Aftermarket- Required Vessel Tow Bar. appx. 1, 500.00Appx price on CLA Graphic Quote 500.00

APPX. TOTAL MATERIAL AND INSTALLATION QUOTE: $ 13, 971. 32

PLEASE NOTE • Based on time of actual bid there may be variations in final pricing

Capt. Chris Landry

Atlantic Outboard Inc.

475 Boston Post Rd.

Office 8603996773

Cell 8608571881www.atlariticoutboard. com

wwwwestbrookmarinecenter.corn

411P1) ;it&CANDLEWOOD LAKE AUTHORITY .

P.O. BOX 37 • SIIEK\ IA '. CONNECTICUT 06784 0037 • 1860) 3S4- 6928 • FAX 18601 350- 5611

November 17, 2015

Dear Chief Elected Officials of Candlewood Lake Municipalities:

I am writing to ask for your support and approval of an emergency appropriation from your Capital ReserveFund to enable us to purchase a replacement Candlewood Lake Authority Patrol Boat.This past July 2015 our 2002 McKee Patrol Boat developed serious cracks in the transom and partially sank at thedock. It was taken to Echo Bay Marina for possible repair. It was determined to have the following faults:

Structural faults and transom cracks- making it unseaworthy

The 3 layer hull, a sandwiched inner fiberglass hull and outer fiberglass hull between a foam core,hadseparated( de- laminated) making the hull structurally unsound. This de- lamination ofhull betweenfiberglass interior, foam core, and fiberglass exterior is un-repairable.As a result, the hull was continually taking on water and it was determined unable to seal properly toprevent continued water seepage due to above structural defects.

The assessment made by Echo Bay Marina after a thorough inspection deemed the vessel to be unsafe for lakeusage. They indicated that these conditions are not repairable and as a result this boat needs to be permanently takenout of service. The replacement of this boat is critical to our continued operation of the Candlewood Lake MarinePatrol and the coverage required for maintaining public safety and boating law enforcement. The CLA operates twoPatrol Boats on Candlewood Lake and cannot provide coverage and support properly with only one operating PatrolBoat.

Time is of the essence as the Boat purchase order would need to be placed by December 18th to ensure timelydelivery and in the water in time for the start of the April- May 2016 boating season.As you know our Patrol Boats are used on Candlewood Lake to provide for:

Providing 1100 hours per season of on the water Take Patrol May to September.Emergency response to boating accidents, medical emergenciesEnforce State Boating Law Safety, Marine Sanitation Regulations& Invasive Species laws

Enforce of Boating Under Influence controlEmergency towing service for stranded boaters( 50+ tows per year).Assist disabled vessels.Provide Public Safety presence during lake events( Clean- up, Dragon Boat Race, Fireworks, FishingTournaments)

Check activity at public launches, Down the Hatch, Chicken Rock, respond to concerns ofpublic calledinto CLA office

Provide lost boater assistance, guidance& directions, out of fuel assistance removal of boating hazards,

floating logs& large debris.

Resolve domestic disputes, and inappropriate boating behaviors, conduct Safety checks to ensurecompliance of registration, proper boating license, life vest etc. on boats.

We have carefully reviewed our purchase options, established a Boat Replacement committee, and received severalquotes in regards to this purchase. We have chosen a Mid- Level economy model that we feel has the requiredfeatures sufficient for our use. The 10 year hull warranty and estimated 20 year useful life was an important featurein our decision. Please see copies of 3 quotes with same specs attached.

Salvage Items: In an effort to reduce expenses we also considered any components on the existing Boat havingsalvage value. We will remove the PA system, Antenna, Light Bar and recently purchased State Emergency Radio

www.candlewoodlakeauthority.org

227 CandleR•«od Lake Rd.

Brookfield, CT 06804 10/ 30/ 2015Tel: ( 203) 775- 707'

ECHO B _' Fax: ( 203) 775- 8809

MARIN Website: wv.w.echobavmarina.com

Hello CIA:

I would like to give the CLA a little update as to the status of the hull on the largerMcKee 2 craft in for possible repair. The vessel required several critical repairs duringthe summer of 2015 beginning in July'1.) Emergency repairs were done on the boat this summer to reinforce the transomwhere it was cracking

2.) A few weeks later it required us to re- bed the scuppers that were leaking profusely3.) Further inspection was warranted to determine the cause of these odd-ballfailures. After the second semi-significant repair in a few weeks we started carefullypoking around to figure out what was going on with these two "odd ball" failures.

4.) We have concluded that the hull is unsafe and the boat is not lakeworthy.The method of construction for that particular hull appears to essentially bond arelatively light interior hull liner and a relatively light exterior hull together with foam.When these two halves are bonded together it stiffens the boat up nicely ( similar to

stress skin panel construction). The problem lies in the fact the foam that was utilizedappears to have absorbed an awesome amount of water ultimately compromising thebond between the foam and the two hull sides. (We had the boat parked on a steepbank for approx. 3 days and easily drained 30+ gallons of water out of the foam with awhole lot more water still absorbed in the foam. The consistency of the foam is allmush now and is no longer bonding the hull halves together causing excessive flexing ofthe hull ( which it is our opinion what led to the cracked transom and leakingscupperassemblies). I do not believe there is any practical way to fix this problem. In myopinion the hull should be scrapped, as it is no longer a lakeworthy boat.5.) Salvageable items on the boat would be:

a.) The new Emergency Radio system can easily be removed and remounted on a newboat.

b) The engine is relatively old and has high hours on it, but could be used as a possiblespare.

c.) Light Bar - again this could be used as a spare for other patrol Boat owned bythe CLA or possibly mounted on new replacement boat.

d.) The old controls... can be saved for spare parts to reduce repair cost on the otherMcKee patrol boat owned by CLA.

Sincerely

Marc Rogg — Echo Bay Marina

MANnMAPIEPERRL

CIWWINOUGOT-Tana

A4

Candlewood Lake AuthorityMarine Patrol Vessel Specifications

Mandatory Standard Requirements:1) Vessel length( 21 FT Minimum)2) Center Console Vessel***3) Beam( 8 FT Minimum)4) Free Board( Cockpit Depth 2 FT Minimum)5) T-Top ( Hardtop Fiberglass w/ Lockable Radio Box)6) 200 HP Yamaha Engine-( optional quote on 225 HSP engine)

7) 80 Gallon Minimum Fuel Tank Capacity8) Dual Battery w/ Switch9) Trailer W/ Brakes( Requirement for GVWR Over 3000Ibs)

10) Rub Rail

11) Bilge Pump w/Automatic Float Switch12) Bow Grab Rails13) Bow and Stem Eyelets

14) Spring Line Cleats( Port and Starboard Sides)15) Swim Platform w/Ladder16) Single Spot Light& Four Lights( Light Capability: Bow, Stern, Port, and Starboard Sides)17) Plexiglas Windshield

18) 10 Year Mfg. Hull Warranty19) Garmin20) VHF Radio and Antenna

21) Shipping Cost:

Required Accessories:1) Torsional Vessel Tow Bar— Aftermarket Install— Required for towing disabled vessels.2) Lockable Compartment Box3) LED Navigational Lights4) Keel Guard for Bow Protection5) Stainless Steel Propeller

6) Bumper System( Port and Starboard Sides- 3 per side)7) Stainless Steel Steering Wheel8) Backrest For Helm Seat

9) 8 Inch Cleats( 6 Minimum) or 6" ok10) Overhead Cockpit Light— Visibility for Night patrol11) Compass

12) Hour Gauge13) Anchor/Compartment Storage Lockers14) Fire Extinguisher

15) Lettering the Boat—CLAMP specs.Console Configuration must be of adequate size to mount required equipment—must confirm

Plus: Cost to remove and re- install Salvage Equipment Items:1.) State Emergency Radio with Antenna; 2.) Siren and PA with Control; 3.) Light Bar Alley lights and Controls,

Please list any components or features included on vessel at no additional cost, in addition to theabove bid requirements.

Please copy to your City/ Town letterhead and return to the CLA by November 30th,

Thank you.

I.

authorize the Town of Sherman with the Candlewood Lake Authority as agent tosubmit on behalf of the City/ Town of a proposal for funds from the Intertown

Capital Equipment Purchasing Incentive ( ICE) Program administered by the Office of Policy andManagement. The purpose would be for funds to purchase a Safety Patrol Boat for use by theCandlewood Lake Authority Marine Patrol on Candlewood Lake in the surrounding Towns of Brookfield,New Fairfield, New Milford, Sherman and the City of Danbury.

Robalo - Center Console R222

y

P 'BAL' 1

viviimonw

Atlantic Outboard '

475 Boston Post Road N

Westbrook CT 06498f` '.

Phone: 860- 399-6773p, :

i ` x 1--_ -"

E; --

Candl ewood lake authorityP - -

Specifications Included Items Price

Length 21' 6" F200XB 25" 43, 881.00

Width 8' 6" ALUMINUM T-TOP with FIBERGLASS TOP 5, 119. 00

Fuel Capacity 90T-TOP ELECTRONICS BOX POWDER COATED( REQUIRES R722) 469. 00

Max Horsepower 250FULL TRANSOM SEAT W/ PROTECTIVE COVER( FOLDS FLUSH INTO 933. 00

TRANSOM WALL)

Standard FeaturesPULL UP CLEATS- STAINLESS STEEL WITH ROBALO LOGO 228. 00

110 Volt Battery Charger/ Maintainer- 12V DC Receptacle on Dash- PREP FEE 895. 00

Aluminum Framed Acrylic Windshield With SS Grab Rail- Aluminum Panel Freight customer pickup0. 00

with Weatherproof SS Toggle Switches and Circuit Breakers- Bilge Pumpwith Automatic Switch- Direct Component Wiring with Buss Bars andWaterproof Ring Terminals- Dual Battery System with Crossover Switch-Electrical Connectors Triple 0-Ring- Sealed and Water Tight- Entry intoConsole from Forward Side- Fiberglass Console Door- Hinged- ForwardConsole Seat and Bolster- Fuel Anti-Theft Device- Fuel/ Water Separator-Hydraulic Steering with Tilt Helm( Sea Star)- Lighted High Speed Compass- Sale Price $ 51,525.00

Molded Electronics Face with 12V Wiring Buss inside Console- NavigationLights- Premium Sound System Includes: 4- Speaker AM/ FM CD Player,Remote Control and Display, MP3 Plug and Ipod Holder( Includes SiriusSatellite Radio Tuner& Antenna)- Rubber Floor Mat- Stainless Steel DrinkHolders( 2) plus( 2) in Bow- Stainless Steel Grab Rail- Storage on Top ofConsole with Drains- Vertical Rod Storage( 6)- Voltage Regulating SystemVRS)- Yamaha Digital Gaugesl0 Year Limited Hull Warranty- Anchor Ropeand Chain Locker on Bow- Hydro Lift' Multi Angle Hull Design- ImedgePremium Gel Coat- Kevlar Reinforced Hull- Perma- Panel Structural System

Poured Composite Transom Coring- Rubrail- Heavy Duty w/ SS Insert-Stainless Steel Bow and Stern Eyes- Stainless Steel Four-Bolt Cleats,Through Bolted with Backing Plates- Stainless Steel Hull Anchor Chafe Plate

Stainless Steel Transom Trim- Three Blade Stainless Steel Prop( 150 Only

Three- Step Telescoping Boarding Ladder with Handle- Thru Hull FittingsWelded 316 Stainless Steel Bow Rails with Backing Plates

Notes

Manufacturers reserve the right to change product specifications and standard features at any time without notice or incurring obligations to the dealer or manufacturer)

Addendum to basic Robalo —Center Console R222 Quote for

Candlewood Lake AuthorityFrom : Atlantic Outboard

475 Boston Post Rd.

Westbrook, CT 06498

From: Chris Landry< chris(a..atlanticoutboard.com>Date: Mon, Nov 16, 2015 at 10:25 AMSubject: Atlantic Outboard quoteTo:" phvllis.schaer(a gmail.com"< phvllis.schaeraamail.com>

Hello Phyllis,

Garmin GPS 7610xsv 10" 2699.99

Bronze thru hull transducer 299.99

Remote control spotlight 469.99Keel guard white 8ft 181. 99

Fire extinguisher. 34.39VHF radio 364.99

NMEA 2000 kit( links VHF to GPS) 110. 00

Antenna mount. 49.994' galaxy VHF antenna 141. 99

8 large fenders 520.00Karavan SLT 5800 Trailer. 4, 000.00

Shipping from GA to CT. 1648. 00

MATERIALS TOTAL. 10, 521. 32

Labor 6 hours. 750.00

Install salvage equipment- Labor 700 00

Existing... CB radio and Antenna,siren and PA, Light bar.)

Aftermarket- Required Vessel Tow Bar. appx. .... 1, 500.00

Appx price on CLA Graphic Quote.. 500.00

APPX. TOTAL MATERIAL AND INSTALLATION QUOTE: $ 13, 971. 32

PLEASE NOTE : Based on time of actual bid there may be variations in final pricing

Capt. Chris Landry

Atlantic Outboard Inc.

475 Boston Post Rd.

Office 8603996773

Cell 8608571881

www.atlanticoutboard. com

www.westbrookmarinecenter.com

g bj?áLerIecIipn

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585-697- 5100

far 585-442-9709

17atVttsC)ricS® 300 Meridian Centre

Rochester, NY 14618

MASTER FACILITIES AGREEMENT

This Master Facilities Agreement(" Agreement" or" MFA") is entered into on this day of 2015Execution Date") between FIBER TECHNOLOGIES NETWORKS, L. L. C., a New York limited liability company,

having its principal place of business at 300 Meridian Centre, Rochester, New York 14618 (" Lessor") and

having its principal place of business atLessee").

RECITALS

Lessor is operating fiber optic communication networks in various metropolitan areas throughout the UnitedStates, ( the " Lessor's System), and desires to lease to Lessee certain optic fibers within Lessor's System for useby Lessee

In consideration of the mutual promises set forth below, and for other good and valuable consideration, theadequacy and receipt of which are hereby acknowledged, Lessor and Lessee agree as follows:

1. DEFINITIONS.

Unless otherwise defined in this Agreement, the following terms shall have the following definitions:

1. 1 Demarcation Point. A point on one side of which is Lessee's responsibility for liabilities, ensuringconnections, and paying for and installing equipment, termed Premise Side the other side of theDemarcation Point shall be termed Network Side.

1. 2 Fibers. Fiber optic strands.

1. 3 Lessee Fibers. The fiber that Lessor is leasing to Lessee and that Lessee may use for the term of thisMFA, pursuant to the terms and conditions herein.

1. 4 Lessee's System. The telecommunications facilities owned or controlled by Lessee on the Premise Sideof the Demarcation Points.

1. 5 Lessor Fibers. All fibers governed by this MFA other than Lessee Fibers.

1. 6 Lessor's System. All equipment and property owned by Lessor on the Route.

1. 7 Route. The path on which the Fiber will be located as shown in Schedule # 1, which will identify theroutes along which Lessee Fibers will be located. To the extent more than one geographical route is

identified on Schedule# 1 hereto ( whether on the Execution Date or as later added by amendment of thisAgreement), the term ' Route' as used herein shall be deemed to include the plural where appropriate incontext.

1. 8 Utility Agreements. Any and all applicable governmental or non- governmental franchises, leases,licenses, rights of way, easements, pole attachment agreements, permits, approvals, orders, consents,contracts, agreements or other rights of any nature pursuant to which the Lessor has or will obtain anyrights to own, install or construct, operate, maintain, and replace all or any portion the Lessor's System.

ConfidentialNew Milford Enterprise Dark Fiber MFA Data Center to Police Dept 11- 20- 15.doc1 13. 14 1

ebe pnoax585-697-5100

fax 585-442-9709

rualtuurErics.0 300 Meridian Centre

Rochester, NY 14618

2. LEASE

2. 1 Lease. Lessor hereby leases to Lessee a right to use specific Fibers in the Cable over the Routes as setforth in Schedule # 1. From time to time, additional Routes may be leased from Lessor to Lessee byexecuting a Product Order (see Exhibit A) and appending it to this Agreement. For each Route leased,the Agreement shall thereby be deemed to be amended such that each Route is considered to be a partof and subject to the terms and conditions of this Agreement.

2. 2 Nature of the Agreement. This Agreement and the leases granted pursuant to Product Orders do notconvey any legal title to any real or personal property including the Fibers, the Cable or the System. TheAgreement does not include any equipment used to transmit capacity over or to' light' the Fibers.

2.3 Default of a Product Order. Default by either party on one Product Order shall not be deemed a default ofany other Product Order

3. TERM

3. 1 Term of this Master Facilities Agreement. This Agreement shall become effective upon execution by allparties and shall remain in effect until the later of (a) twenty ( 20) years after the date of the ExecutionDate, or ( b) the expiration or termination of the last service term or renewal term of the Service Ordersissued hereunder( the" Term").

3.2 Term of Service Orders. Each Service Order shall set forth its own service term and, if applicable, anyrenewal term thereof. If Customer exercises its option to renew a Service Order the monthly Use Chargedue and payable thereunder shall be determined by multiplying the monthly Use Charge payable duringthe initial term by a fraction, the numerator of which shall be the most current Consumer Price Index

CPI") immediately preceding the date which the monthly recurring charge is to be adjusted and thedenominator of which shall be the monthly CPI on the date of the execution of the initial Service Order.As used herein, CPI shall mean the Consumer Price Index for Urban Wage Earners and Clerical Workers,All Items ( 1982- 84= 100), as published by the United States Department of labor, Bureau of LaborStatistics, or any successor index thereto.

4. ENGINEERING AND DESIGN

4. 1 Specifications. The Lessee Fibers shall be consistent with the engineering and design specifications setforth in the Schedule# 3. These Specifications were agreed to by the Parties and are intended to ensurethat the Parties design, engineer, construct, maintain, and use the Fiber consistently with applicable laws,regulations and in a manner so intended not to conflict physically or otherwise interfere with other users ofthe Lessor System

4.2 Lessee System. Lessee shall provide, at Lessee' s sole cost and expense, all equipment that will be usedto connect Lessee Fibers to Lessee' s System or that will be located on the Premise Side of theDemarcation Point, which design shall be compatible with the Specifications and subject to the approvalof Lessor prior to installation by Lessee.

5. INSTALLATION AND CONSTRUCTION

5. 1 Lessor to Complete Route. Subject to its rights and obligations under the Utility Agreements, Lessor shallperform, or cause to be performed, such work, if any, at its expense, as may be required for placement ofthe Lessee Fibers on or in the Routes as set forth in Schedule# 1 in accordance with Lessor's schedule of

ConfidentialNew Milford Enterprise Dark Fiber MFA Data Center to Police Dept 11- 20- 15.doc1. 13. 14 2

Plbertech prions. 585-697- 5100

fax 585-442- 9709

netuvo 'ks® 300 Meridian Centre

Rochester, NY 14618

construction. Lessor shall use commercially reasonable efforts to place the Lessee Fibers along theRoutes set forth in the Route Description.

5. 2 Completion Lessor will provide notice of completion when the network has been placed and testedbetween the points of Demarcation. In the event that the Lessee orders multiple point-to- points under asingle contract, each point-to-point with the same A-side Demarcation Point and Z-side DemarcationPoint will be considered a single Product Order and will follow the acceptance process independent fromthe other point-to-point Product Orders. In the event that Lessor cannot complete the network to theDemarcation point due to a delay caused by the customer or third party then Lessor will provide notice ofcompletion for the portions unaffected by such delay.

5. 3 Acceptance By Lessee. Lessee will have fifteen ( 15) calendar days from receipt of notification of the dateof completion by Lessor of construction to test the Lessee Fibers to ensure that they conform in allmaterial respects to the Specifications. Lessee shall be deemed to have accepted (" Accept(ed)") such

Lessee Fibers if it fails to notify Lessor otherwise within such fifteen ( 15) calendar day period. AcceptanceAcceptance") of the License Fibers shall be deemed to have occurred on the earlier of( i) completion of

testing and acceptance of Lessee Fibers by Lessee, or ( ii) the first date upon which Lessee Fiberconforms in all material respects with the Specifications ("Acceptance Date").

6. MAINTENANCE AND REPAIR

6. 1 Lessor's Rights and Obligations. Lessor shall have the sole obligation and right to maintain and repair theLessor's System including, without limitation, Lessee Fibers and Lessor Fibers in a good operatingcondition and pursuant to the Specifications.

6.2 Limitation of Lessee. Lessee will not, by itself or through any agent, take any action which damages orinterferes or could reasonably be assumed would damage or interfere with Lessor's System, and if it doesso Lessor shall have the right to take whatever action it deems necessary or appropriate to repair andrestore Lessor's System or prevent damage to Lessor's System, and Lessee shall indemnify and holdLessor harmless for its damages pursuant to Section 18 below.

6.3 Inspection. Lessor shall have the right to inspect the Lessee's System and Lessee's use of the cableduring normal business hours upon twenty four( 24) hours notice to Lessee or immediately in the event ofany emergency situations. The right to inspect shall include the right of access to any property owned,leased or otherwise controlled by the Lessee.

6.4 Changes to Specifications. Lessor may make such changes and alterations to the Specifications asLessor determines are necessary or advisable in its sole discretion provided that such changes oralterations do not ( 1) alter the number of the Lessee Fibers, ( 2) alter the location of the DemarcationPoints, ( 3) alter the Cable Parameters, or (4) impair the use of the Lessee Fibers under this Agreement,unless otherwise mutually agreed. In the event that Lessor makes any changes or alterations permittedby this section, such changes or alterations shall not affect or change the Use Charge or any otheramounts payable by the Lessee under this Agreement.

6 5 Service Interruption Notwithstanding any other provision of this Agreement, in the event of anyinterruption of use by Lessee of any segment (" Segment") of the Lessee Fibers, which materially affectsLessee's provision of services and which is the result of a severance of, physical damage to, ordegradation of the Lessee Fibers, and which is not caused by ( 1) Lessee' s willful misconduct ornegligence, or (2) a Force Majeure ( as defined in Section 15), the Lessor's sole liability and obligationshall be to provide credits against Lessee' s monthly payment of Use Charges for that month in which theinterruption of use occurred which credit shall be equal to 2% of the monthly Use Charge for LesseeFibers within the affected Segment of the Route which is interrupted for every cumulative hour of serviceinterruption beginning with the fifth hour after proper notification of the interruption by Lessee up to a


bephone 585-697-5100

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niatanrc•rics® 300 Meridian Centre

Rochester, NY 14618

maximum of 100% of the Use Charge for such interrupted Segment during such month. THE REMEDYPROVIDED IN THIS SECTION SHALL BE LESSEE'S SOLE AND EXCLUSIVE REMEDY FOROUTAGES OR INTERRUPTIONS OF SERVICE. The foregoing notwithstanding, Lessee shall have noright to any credit, reimbursement or any other payment to the extent such service interruption or outageis caused in whole or in part by any act or omission of Lessee or by Lessee System, or in the event thatthe Lessee has breached any of the material provisions of the Agreement at the time of such serviceinterruption.

6.6 Restoration. Lessor will respond to Lessee within two hours of proper notification by Lessee of possibledamaged Fiber(s), and if necessary dispatch a technician to the location of the possibly damagedFiber(s). The technician will assess the situation and use commercially reasonable efforts to remediatethe problem within a commercially reasonable time frame.

7. TITLE, USE AND TAXES

7. 1 Title. Lessor retains all rights, title and interest in Lessor's System subject only to the lease provided toLessee pursuant to this Agreement. Neither the grant of use or other provision of the Lessee Fibers or

any other facilities or services by Lessor to Lessee nor the payment by Lessee of the fees or chargestherefore to Lessor shall constitute, create, or vest any easement or any other ownership or propertyrights in the Lessee Fibers or Lessor's System.

7. 2 Use By Lessee. Lessee acknowledges and agrees that Lessee and or affiliated entities, which control or

are controlled by the Lessee will not permit or provide access to or use of the Lessee Fibers to any thirdparty whether by sublease, License, sublicense, sale, resale, or any other form of transfer, disposition oragreement without the express written consent of Lessor, which consent may be given or withheld inLessor's sole discretion.

7. 3 Taxes. Lessee and Lessor agree that Lessee will be responsible for paying any and all existing or futuresales, use, excise, franchise or other transfer or transactional taxes or surcharges imposed or levied byany federal, state or local taxing authority on the Use Charges and/or other payments made by Lessee toLessor. Use Charges and/or other fees referred in this agreement do not include taxes or surcharges.

Applicable taxes or surcharges will be invoiced by Lessor to Lessee unless Lessee provides Lessor witha valid and applicable tax exemption certificate before such invoice is generated.

7.4 Allocation of Charges. It is understood and agreed that the Agreement and Product Orders shall be

treated for federal, state, and local income tax purposes as a lease by Lessor as the owner of tangiblepersonal property subject to Section 467 of the Internal Revenue Code of 1986. For purposes of Section467, Lessor and Lessee agree that the Charges set forth in each Product Order, including recurring andnon- recurring, be specifically allocated to each rental period ratably over the term, unless otherwisespecified in the Product Order. One time and upfront Charges shall be treated as prepaid rent forpurposes of Treasury Regulation 1. 467- 1( c)( 3)( ii), excluding Service Implementation and/ or ActivationFees.

7.5 Reversion. Lessee's right to use the Lessee Fibers shall revert to Lessor upon termination of this MFA.

8. GOVERNMENT APPROVALS, PERMITS, AND CONSENTS

8 1 Lessee Obligations. Except as provided in Section 8.2, Lessee at its sole cost and expense, shall obtain

and maintain any and all necessary permits, licenses, easements, building entry permissions, franchisesand approvals that may be required by federal, state or local law, statute, regulation or ordinance as maynow or in the future be applicable to its use of the Lessee Fibers under the terms and conditions of thisMFA. Lessee represents and warrants that it will use the Lessee Fibers, or cause the Lessee Fibers to


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be used, in full compliance with all federal, state and local applicable government laws, statutes, rules,regulations, codes and ordinances and all applicable franchises, rights of way, leases, licenses, contractsand other material obligations to third party with respect to or relating to the Lessor System and in fullcompliance with the terms and conditions of this Agreement.

8. 2 Lessor's Obligations. During the term of this MFA, Lessor shall obtain, or cause to be obtained, allapprovals and consents that may be required from all federal, state, and local authorities regarding theownership, installation, maintenance, or replacement of the cable in which the Lessee Fibers is locatedupon the Route. Lessor represents and warrants that it is and will continue to be in material compliancewith all Utility Agreements and any and all applicable government codes, ordinances, laws, rules andregulations relating to its ownership, control, operation, and/or maintenance of the Cable.

8. 3 This Section 8 shall survive any termination or expiration of this MFA.

9. LIENS

9. 1 Lessee acknowledges that it has no title to and cannot in any way encumber the Lessor' s System withoutprior notice to and consent of Lessor which consent may be granted or withheld in Lessor's solediscretion.

9. 2 If, notwithstanding Section 9. 1, any property of Lessor or its affiliates becomes encumbered by anyunauthorized liens, claims, or other encumbrance as a result of any act or omission of Lessee, Lesseeshall promptly and to the fullest extent permitted by law take all actions necessary to remove suchencumbrances from Lessor's and its affiliates' property, and Lessor shall have the right, in addition to allother available legal, equitable, and administrative rights and remedies, to withhold any payment dueLessee until such encumbrance is removed, in addition, Lessee shall. ( 1) within forty-eight ( 48) hourspost a bond in an amount equal to the value of the encumbrance; (2) discharge the encumbrance as soonas possible, but no later than thirty ( 30) days; and ( 3) indemnify and hold harmless Lessor and itsaffiliates and their officers, directors, employees, agents, servants, and assigns from said encumbrance.

9. 3 This Section 9 shall survive the termination or expiration of this MFA.

10. REPRESENTATIONS AND WARRANTIES

10. 1 Each of the Parties represents and warrants that it has full authority to enter into and perform this MFA,that this MFA does not conflict with any other document or agreement to which it is a party or is bound,and that this MFA is fully enforceable in accordance with its terms, and that each is an entity validlyexisting and in good standing under the Laws of the states in which they are authorized to do business.

11. DISCLAIMERS

11 1 OTHER THAN AS EXPRESSLY SET FORTH IN THIS MFA, LESSOR MAKES NO WARRANTIES,REPRESENTATIONS, COVENANTS OR GUARANTEES IN CONNECTION WITH THIS MFA, OR THEFIBER WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIEDWARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS

SECTION 11 SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS MFA. LESSOR MAKESNO REPRESENTATIONS WITH RESPECT TO THE ANY FIBERS EXCEPT AS SPECIFICALLY SETFORTH HEREIN, LESSOR SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR, OR IN

CONNECTION WITH FIBER FAILURE UNLESS SUCH FAILURE IS CAUSED BY THE WILLFULMISCONDUCT OF LESSOR. LESSOR SHALL HAVE NO RESPONSIBILITY FOR LESSEE'S SYSTEM.

ConfidentialNew Milford Enterprise Dark Fiber MFA Data Center to Police Dept 11- 20-15.doc1. 13. 14 5

phone 585-697- 5100

bertech fax 585-442-9709

naltamorks,0 300 Meridian Centre

Rochester, NY 14618

12. INSURANCE

12. 1 Insurance. Prior to execution of this contract, each of the Parties, at its own expense, shall provide and

maintain in force during the term of this MFA insurance in forms acceptable to the other Party, with thefollowing minimum levels of coverage:

Commercial general liability= $ 1, 000,000 per person per occurrence and $ 2, 000,000 aggregateAutomobile liability= $ 1, 000,000 per occurrence

Umbrella/ Excess Coverage=$ 5, 000,000

Workers compensation = Statutory limits, in accordance with the laws of the state in which theconstruction is to take place.

13. BREACH

13. 1 Definition. If Lessee or Lessor shall take such action which is prohibited, in any material respect, by theterms of this Agreement, or fail to perform ( whether any such failure shall arise as the result of thevoluntary or involuntary action or inaction of such party), in any material respect, any of its obligations setforth in this Agreement, including without limitation any violation of law ( which is material and whichadversely affects either Party's obligations under the Agreement), and such prohibited action or failure toperform is not excused by any provision of this MFA and continues un- remedied for a period of thirty (30)days following written notice from the non- breaching Party or such shorter period as may apply under lawor no period if such prohibited action or failure to perform is not susceptible to cure ( the "Cure Period"),

then such action or failure shall, upon and from the expiration of the applicable Cure Period, if any,constitute a " Breach"; provided, however, if a party has taken such measures to initiate a cure but suchremedy will take longer than the applicable Cure Period, no breach shall be deemed to have occurred aslong as such Party is using its best efforts to promptly cure such breach. Such Breach shall not be

deemed to occur where such Breach is directly or primarily caused by the actions of another Party. Theforegoing notwithstanding any failure to make a payment when due hereunder shall constitute a Breach10 days after written notice.

13. 2 Consequences. In the event of a Breach, the non- breaching Party may, in its sole discretion, terminatethis MFA in accordance with Section 13. 5 and have no further obligations or liability hereunder; exceptonly that each Party shall pay the other Party any amounts due, owing and unpaid by such Party. The

non- breaching Party shall also have the right to pursue any and all rights it may have against thebreaching Party now or hereafter under the law, subject to the express limitations contained in this MFA,including without limitation, the right to seek injunctive relief to prevent the breaching Party fromcontinuing to Breach its obligations under this MFA. The foregoing notwithstanding in the event oftermination of the MFA by Lessor as a result of a Breach of this MFA by Lessee all sums due and owingLessor by Lessee for the remainder of the Term shall at once become all due and payable by Lessee toLessor.

13 3 Limitation of Liability. ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, INNO EVENT SHALL LESSOR BE LIABLE TO THE LESSEE OR TO ANY THIRD PARTY AFFILIATED,CONNECTED WITH OR DOING BUSINESS WITH LESSEE WHETHER IN CONTRACT, TORT, OROTHERWISE, INCLUDING STRICT LIABILITY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR

CONSEQUENTIAL DAMAGES OR ANY LOST BUSINESS DAMAGES IN THE NATURE OF LOST

REVENUES. PROFITS AND/OR GOODWILL REGARDLESS OF THE FORESEEABILITY THEREOF.

ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, THE TOTAL LIABILITYOF EITHER PARTY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH AN ORDER FORM


Ie phfax585-697- 5100

fax 585-4442- 9709

neImnrcoris. 300 Meridian Centre

Rochester, NY 14618

EXCLUDING EARLY TERMINATION CHARGES) IS LIMITED TO AN AMOUNT EQUAL TO THE TOTALCHARGES PAYABLE BY CUSTOMER DURING THE TERM SET FORTH THEREIN.

13.4 Failure To Enforce. The failure of any party to enforce or insist upon compliance with any of the terms orconditions of this MFA, or to give notice or declare this MFA or any authorization granted hereunder,terminated shall not constitute a general waiver or relinquishment of any term or condition of this MFA,but such term or condition shall be and remain at all times in full force and effect.

13.5 Early Termination of Agreement. This Agreement may be terminated prior to the expiration of the Termby the non-breaching Party following the Breach of this Agreement by the other Party or by the otherParty if a Party ( 1) consents to the appointment of, or is taken in possession by, a receiver, trustee,custodian or liquidator of a substantial part of its assets, ( 2) files a bankruptcy petition in any bankruptcycourt proceeding, ( 3) answers, consents or seeks relief under any bankruptcy or similar law or fails toobtain a dismissal of an involuntary petition within 60 days of filing, ( 4) admits in writing of it' s inability topay its debts when due, ( 5) makes a general assignment for the benefit of creditors, ( 6) is the subject ofan involuntary proceeding seeking to adjudicate that Party bankrupt of insolvent, or ( 7) seeks

reorganization, arrangement, adjustment, or composition of it or its debt under any law relating tobankruptcy, insolvency or reorganization or relief of debtors.

13.6 Non-appropriation The parties hereto understand that the Lessee is dependent upon receivingcontinued appropriations or budgeted funds to continue this Agreement throughout its intended term.Notwithstanding any other provisions to the contrary, the Lessee may terminate this Agreement at theend of any fiscal period, if subsequent to its having employed reasonable, good faith efforts to maintainadequate appropriates and/ or budgeted funds for the full term of the Agreement, such necessaryappropriations and funds are not made available. In order to effectuate such termination the

Lessee must give thirty( 30) days written notice to the Lessor that the necessary funding has beendenied. If the Lessee terminates the Agreement pursuant to this Section, unless the following wouldaffect the validity of the Agreement, the Lessee will not purchase, lease, rent, seek appropriations for, orotherwise obtain another contract serving the same function as the Agreement for the fiscal period inwhich such termination occurs or the next succeeding fiscal period and such an obligation will survivetermination of this Agreement. Within thirty( 30) days following such termination, the parties shall meetand make available to each other all information and documentation necessary in order to determine theamount of fees due to the Lessor. No penalties, interest or indirect or consequential costs or damagesshall be owed or paid by the Lessee upon such termination.

14. CHARGES

14. 1 Charges. Lessee shall pay to Lessor for the lease of the Lessee fibers hereunder a recurring chargeRecurring Charge"), and an up-front charge ("Upfront Charge"). ( Recurring Charge/ Upfront Charge are

collectively known as Charge(s)). The Charges are set forth in Schedule# 2 annexed hereto.

14.2 When Due. Lessee shall pay the Charges as follows:

a) Upon execution of a MFA or Product Order, Lessor shall invoice Lessee for fifty percent ( 50%) of the

Up-front Charge.

b) Following the Acceptance Date of the Route, Lessor shall invoice Lessee for the remaining fiftypercent( 50%) of the Up-front Charge( s).

c) Following the Acceptance Date of the Route, Lessor shall invoice Lessee for the first payment of anyRecurring Charges, which shall be pro-rated for the first month based on the number of days

remaining in the calendar month, and shall also include the first full month' s Recurring Use Charges.


Ie phone 585-697- 5100

fax 585-442- 9709

11e'ti uoric a 300 Meridian Centre

Rochester, NY 14618

Such invoice will be sent on the first (1st)

day of the next month and thereafter for each successivemonth.

d) Lessor shall invoice Lessee for any annual Recurring Use Charges ( such as maintenance charges),which shall be pro- rated for the• first year based upon the number of days remaining in the calendaryear following Acceptance or commencement of commercial use. Thereafter, Lessor shall invoiceLessee for the full annual Recurring Use Charges for such Lessee Fibers on the first (

1st)

day ofJanuary of each successive year thereafter.

e) All payments due hereunder shall be made within thirty( 30) days of invoice.

15. FORCE MAJEURE

15. 1 Force Majeure Events. Neither Lessee nor Lessor shall be liable for any failure or delay in performing itsobligations hereunder, or for any loss or damage resulting therefrom, due to the following Force MajeureEvents:

a) fire, flood, strike or other labor difficulty, natural disasters, acts of God or public enemy, act of warrestraint or hindrance by any governmental or regulatory authority including, without limitation,unfavorable actions or failures to act of or by such authorities ( except when the result of

noncompliance with Section 13), war, insurrection, riot, injunction, or

b) any other causes beyond the Parties' reasonable control, or causes beyond the reasonable control oftheir suppliers.

15. 2 Abatement of Force Majeure. To the extent practicable, both Parties shall be prompt in restoring normalconditions, establishing new schedules and resuming operations as soon as the event causing the failureor delay has ceased. Lessee shall promptly notify Lessor of any delay and its effect on the performanceby Lessee. Lessor shall promptly notify Lessee of any delay in Lessor's performance.

15.3 Suspension Pending Force Majeure. If a Force Majeure Event should occur, then, the Parties'

performance of this MFA shall be suspended for so long as such Force Majeure Event continues. At theconclusion of a Force Majeure Event, the period of time so suspended shall be added to the dates,schedules and other performance-related matters under this MFA.

16. PROPRIETARY INFORMATION

16. 1 Obligation to Maintain as Confidential. This MFA is confidential and shall be treated as ProprietaryInformation. Each Party acknowledges that in the course of the performance of this MFA it may haveaccess to other Proprietary Information of the other Party. All Proprietary Information shall be marked asconfidential" with an appropriate legend, marking, stamp or other obvious written identification prior to

disclosure. All Proprietary Information in tangible form of expression, which has been delivered ( orthereafter created by copy or reproduction pursuant to this MFA) shall be and remain the property of theperson, which is disclosing such Proprietary Information ( the" Disclosing Party"). Anything to the contrarycontained herein notwithstanding, the definition of Lessor Proprietary Information shall be deemed toinclude the Utility Agreements.

16.2 Obligations Concerning Proprietary Information

a) General Restrictions. Upon receiving Proprietary Information such Party( the " Receiving Party") shall

keep in strict confidence and not disclose to any person ( with the exception of employees, officers,directors, representatives, and affiliates of the Receiving Party, to the extent each such person or

ConfidentialNew Milford Enterprise Dark Fiber MFA Data Center to Police Dept 11- 20- 15.doc1. 13. 14 8

qbertech pn

fax

585-697- 5100

fax 585-442-9709

rie1f/Qr c& 300 Meridian Centre

Rochester, NY 14618

entity has a need to know in connection herewith) any of the Disclosing Party's ProprietaryInformation except as otherwise provided by the terms and conditions of this MFA. The ReceivingParty shall not use such Proprietary Information except for the purposes identified herein without theprior written approval of the Disclosing Party. The Receiving Party shall be solely liable for anybreach of this Section 17 to the extent caused by its or its affiliates' employees, officers, directors, andaffiliates.

b) Exceptions. The Receiving Party shall not be precluded from, nor liable for, disclosure or use of anyProprietary Information if:

i. the Proprietary Information is in or enters the public domain, other than by a Breach of this MFA;

ii. the Proprietary Information is known to the Receiving Party at the time of first receipt, orthereafter becomes known to the Receiving Party prior to or subsequent to such disclosurewithout similar restrictions from a source other than the Disclosing Party, as evidenced by writtenrecords;

iii. the Proprietary Information is developed by the Receiving Party independently of any disclosureunder this MFA as evidenced by written records; or

iv. the Proprietary Information is disclosed more than two ( 2) years after the date of first receipt ofthe disclosed Proprietary Information; or two( 2) years after the Term whichever occurs later;

v. disclosure of the Proprietary Information is compelled by a governmental authority, including, butnot limited to any court or regulatory body, whether or not a protective order is sought or granted,

vi. the Disclosing Party consents to the disclosure or use of the Proprietary Information, or

vii. the Receiving Party has a reasonable belief that disclosure of the Proprietary Information isnecessary for public safety reasons and has attempted to provide as much advance notice of thedisclosure as is practicable.

c) Disclosures. The disclosure of Proprietary Information hereunder shall not be construed as grantingany right of ownership in said Proprietary Information. Notwithstanding any other provision of thisAgreement, Lessor may reasonably disclose the terms and conditions of this Agreement without theprior consent of Lessee in connection with any borrowing or financing activity or Lessor, itssubsidiaries or affiliates.

d) Protective Orders. The Receiving Party shall give notice to the Disclosing Party of thecommencement of any proceeding or issuance of any order or mandate by any governmental agencyor tribunal to compel the disclosure of Proprietary Information no later than twenty four ( 24) hoursafter the Receiving Party acquires knowledge that such proceeding, order or mandate compels thedisclosure of Proprietary Information The Disclosing Party shall have the right at its own expense, toapply for a protective order against the disclosure of such Proprietary Information either in its ownname or that of the Receiving Party and the Receiving Party shall fully cooperate with the DisclosingParty in any such effort to obtain a protective order.

16. 3 This Section 16 shall survive any termination or expiration of this MFA in accordance with this Section' sterms.

17. PUBLICITY AND ADVERTISING


Ie cphone 585-697- 5100

fax 585-442- 9709

networks® 300 Meridian Centre

Rochester, NY 14618

17. 1 Limitations. In connection with this MFA, neither Party shall publish or use any advertising, salespromotions, or other publicity materials that use the other Party's ( or its affiliate's) logo, trademarks, orservice marks or name without the prior written approval of the other Party.

17.2 Exceptions This Section 17 shall not apply to reasonably necessary disclosures in or in connection withcourt or regulatory filings or proceedings, financial disclosures which in the good faith judgment of thedisclosing Party are required by law or regulatory authority, or disclosures that may be reasonablynecessary in connection with the performance of this MFA.


qiphone 585-697-5100

fax 585- 442-9709

rn neorics® 300 Meridian Centre

Rochester, NY 14618

18. INDEMNIFICATION

18. 1 Mutual Indemnification. Subject to the limitations of liability set fort in this MFA, each Party agrees toindemnify, hold harmless, and defend the other Party, its subsidiaries and affiliates, and their respectiveofficers, directors, employees, attorneys, successors and assigns, from and against any loss, damages,claims, suits, or causes of action for damages, including reasonable attorney's fees, which may arise outof: (a) any injury to or death of any person and damage to property related to activities arising out of thisMFA to the extent such injury, death or damage is caused by the negligent acts or omissions or willfulmisconduct of the indemnifying Party or its principals, employees, agents, or invitees, or by its equipment;b) the indemnifying Party's violation of applicable federal, state or local statutes, regulations, ordinances

or orders; ( c) the indemnifying Party' s Breach of this MFA; or ( d) infringement or misappropriation by aParty of any intellectual property rights under this Agreement.

18.2 Indemnification By Lessee. Subject to the limitations of liability set forth in this MFA, Lessee agrees toindemnify, hold harmless, and defend the Lessor, its subsidiaries and affiliates, and their respectiveofficers, directors, employees, attorneys, successors and assigns, from and against any loss, damages,claims, suits, or causes of action for damages, including reasonable attorney's fees, which may arise outof the use by Lessee of the products or services leased by Lessee hereunder, including withoutlimitation, defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy orpublicity, or spamming or any other tortious or illegal conduct.

18. 3 Indemnification Procedures. Each Party shall give prompt notice of any claim for which indemnification isor shall be sought under this Section 18 and shall cooperate and assist the indemnifying Party in thedefense of the Claim. The applicable Party shall bear the cost of and have the right to control thedefense and shall have the right to select counsel after consulting with the other Party.

18. 4 Survival. This Section 18 shall survive any termination or expiration of this MFA.

19. ASSIGNMENT

19. 1 Lessor's and Lessee' s Right to Assign: Subject to the limitations on use of the Fibers by Lessee set forthin this MFA either Party may assign, or in any other manner transfer its rights, privileges or obligationsunder this MFA without the prior consent of the other Party, provided that upon any such assignment, ortransfer ( i) the assignee or transferee shall expressly agree to be bound by all of the provisions of thisMFA, and ( ii) the assigning or transferring Party shall remain jointly and severally liable for theperformance of its obligations under this MFA unless released in writing by the other Party to this MFA.

19.2 Lessor's Right to Pledge or Encumber MFA and System. Lessor shall have the right at any time, withoutthe prior consent of Lessee, to mortgage, pledge, grant a security interest in, assign or transfer its interestin this MFA and/or any of Lessor's System in connection with any borrowing or financing activity ofLessor, and the rights of Lessee granted under this MFA shall be subject and subordinate to the lien of

any mortgage, pledge, security interest or assignment now in place or hereafter granted by Lessor.

20. NOTICES

20. 1 Form and Address. All notices, invoices and other communications from either Party to the otherhereunder shall be in writing and shall be deemed received ( i) upon actual receipt when personallydelivered, ( ii) upon acknowledgment of receipt if sent by facsimile, ( iii) upon the expiration of the third

business day after being deposited in the United States mails, postage prepaid, certified or registeredmail, or ( iv) upon the expiration of one business day after being deposited during the regular business


phone 585-697-

51004bertefax 585-442- 9709

rietworks.a 300 Meridian Centre

Rochester, NY 14618

hours for next-day delivery and prepaid for overnight delivery with a national overnight courier company,addressed to the other Party as follows.

a. As to Lessor:

Fiber Technologies Networks, L. L. C.300 Meridian Centre

Rochester, New York 14618Attn: General Counsel

b As to Lessee:

Each Party may change its addresses by giving the other Party notice thereof in conformity with thisSection 19.4. Any payments made under this MFA, if made by mail, shall be deemed to have been madeon the date of receipt thereof.

20.2 Damage and Outage Notification. In the event that the Cable is damaged for any reason, the Partydiscovering such damage shall notify the other Party of said damage by telephone at:

a. As to Lessor:

FT Network Operations

300 Meridian Centre

Rochester, NY 14618

800) 497-5578

b. As to Lessee.

These are 24 hours, 7 day per week emergency notification numbers. Calls shall be directed to the Supervisor onDuty, and the caller should be able to provide the following information:

i. Name of company making report;

ii. Location reporting problem;

iii. Name of contact person reporting problem;

iv. Telephone number to call back with progress report;

v. Description of the problem in as much detail as possible;

vi. Time and date the problem occurred or began; and

vii. If appropriate, a statement that an emergency exists and that a problem presents a threat to theproperty of Lessor, Lessee or a Third Party.

Should the damage result in an outage of service or need for emergency repair, procedures for notification andescalation will be followed as set forth at time of implementation.


phone 585-697- 5100

r•be fax 585-442- 9709

300 Meridian Centre

Rochester, NY 14618

21. COUNTERPARTS

This MFA may be executed in several counterparts, each of whom shall be deemed an original, and all, suchcounterparts together shall constitute but one and the same instrument. This MFA may also be executed viacounterpart facsimiles upon ( a) the telecopy by each Party of a signed signature page thereof to the other Party,with return receipt by telecopy requested and received and ( b) the Parties' agreement that they will eachconcurrently post, by overnight courier, a fully executed original counterpart of the MFA to the other Party

22. APPLICABLE LAW

This MFA shall be governed by and construed in accordance with the laws of the State of Connecticut, withoutreference to any choice of law rules.

23. PRIOR AGREEMENTS; MODIFICATIONS

This MFA and the Exhibits hereto constitute the entire agreement between the Parties with respect to the subjectmatter hereof, and supersede all previous understandings, commitments or representations concerning thesubject matter.

24. BINDING EFFECT

This MFA shall be binding upon and inure to the benefit of the parties hereto, their permitted successors andassigns.

IN WITNESS WHEREOF, the undersigned have executed this MFA as of the date first above written.

FIBER TECHNOLOGIES NETWORKS, L.L.C.

By: Fibertech Networks LLC, Sole Member

By:

Date:

Lessee:

By:

By:

Date:

Confidential

New Milford Enterprise Dark Fiber MFA Data Center to Police Dept 11- 20- 15.doc1 13. 1413

phone 585-697- 5100

beitech fax 585-442- 9709

nrkc_,,,® 300 Meridian Centre

Rochester, NY 14618

EXHIBIT A- PRODUCT ORDER# 001

I. CONTACT INFORMATION

LESSOR ADDRESS LESSEE ADDRESS

Fiber Technologies Networks, L. L.C. New Milford Town Hall300 Meridian Centre 10 Main StreetRochester, New York 14618 New Milford, CT 06776

CONTACT: Curtis Fox PHONE: 203 247-2170 CONTACT: Kendrick Protzman PHONE: 860 355-6082

PAYMENT ADDRESS INVOICE ADDRESS

Fiber Technologies Networks, L. L.C. New Milford Town Hall300 Meridian Centre 10 Main StreetRochester, New York 14618 New Milford, CT 06776

ATTN: Accounts Receivable PHONE: ( 585) 697-5100 ATTN: Accts Payable PHONE:

11. DESCRIPTION OF ROUTE12

ROUTE DESCRIPTION: See Schedule 1 below.DELIVERY INTERVAL: approximately 120-150 days from contract acceptance

Product Order Number Product Order Term001 20) Years from Route Acceptance Date

Attached Schedules:Schedule 1 — Dark Fiber Route Map and Route DescriptionSchedule 2— Route PricingSchedule 3— Route Specifications

III. GRANT

Upon the Acceptance Date of this Product Order and subject to the terms and conditions of the Master FacilitiesAgreement referenced below, Lessor hereby leases specific Fibers in the Cable over the Route as set forth in Schedule 1

Dark Fiber Route Map and Route Description") attached hereto

This Product Order is entered into between Fiber Technologies Networks, L. L. C. and Lessee as of 2015the" Effective Date") and incorporates the terms and provisions as set forth in the Master Facilities Agreement entered

by and between Lessee and Fiber Technologies Networks, L. L. C. Capitalized terms used but not defined herein shallhave the meaning set forth in the Agreement.

FIBER TECHNOLOGIES NETWORKS, L.L.C. LESSEE

By: By:

Name: Name:

Title: Title:

Date. Date:

1 In the event that multiple point-to-points are ordered under a single Product Order, each point- to-point with the same A-side Demarcation Point and Z-sideDemarcation Point will be considered a single Product Order and will follow the acceptance process independent from the point-to-point Product Orders.The customer will provide, at its sole cost, the space, power, and facillity access needed to provide the Service.2 Customer is responsible for easement into building, any building entry fees and/ or permissions that the landlord may require.ConfidentialNew Milford Enterprise Dark Fiber MFA Data Center to Police Dept 11- 20- 15.docl 13. 14 14

phone 585-697-5100

Cbertech fax 585-442-9709

tee, Q e300 Meridian Centre

Rochester, NY 14618

Schedule 1

Dark Fiber Route Map and Route Description

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Route Description: Lessor shall perform, or cause to be performed, such work, if any, at its expense, as may berequired for placement of the Cable on or in the Routes as set forth in this Schedule 1.

Route 1: 2 strands of dark fiber from existing demark at New Milford Police Dep, 49 Poplar Street todemark TBD at New Milford Data Center, 47 Bridge Street

Demarcation Point Description:

Existing demark at Police and demark TBD by Lessee at Data Center

Access Rights Description: Lessee is responsible for providing all access rights ( included but not limited toeasement rights and building entry rights) for Lessor to deliver and maintain the Lessee Fibers.

Confidential

New Milford Enterprise Dark Fiber MFA Data Center to Police Dept 11- 20-15.doc1. 13. 14 15

alephone 585-697-5100

fax 585-442- 9709

reetvuor cs.® 300 Meridian Centre

Rochester, NY 14618

Schedule 2

Recurring Charges

Each Route identified in Schedule# 1 is subject to a monthly Use Charge, such Use Charge shall be equal to thefollowing:

Route# 1 3900 per year length of contract period- 20 years after date of Acceptance

Total Annual Payment $ 3900.00 per year

Lessor shall begin invoicing Lessee for such Use Charge for each Route Segment from the date notice wasprovided of the delivery of the Lessee Fibers within such Route. Lessor shall thereafter invoice lessee for all UseCharges on the first(

1st)

day of the next month and each successive month thereafter.

Upfront Use Charges

Each Route identified in Schedule # 1 is subject to an upfront Use Charge, such Use Charge shall be equal to18,800.00 Lessee shall pay fifty percent ( 50%) of the Upfront Use Charge for each Route within fifteen ( 15)

days of execution of this Agreement or any amendment hereto. The balance of the Upfront Use Charge and

other applicable fees specified in this Schedule will be invoiced upon Customer Acceptance.

Other Fees

Service Implementation Fee: 8, 100

Splice Fee( per splice): included

Maintenance Fee: included

Building Entry Fee: included

Fiber Distribution Panel: included

TOTAL— ALL ONE TIME FEES and UPFRONT USE CHARGES: 26.900.00

Allocation of Charges

The Lessor and Lessee agree that the Charges set forth in this product order, including recurring and non-recurring, be specifically allocated pro- rata to each rental period.

It is understood and agreed that the Agreement and Product Orders shall be treated for federal, state, and local

income tax purposes as a lease of tangible personal property subject to Section 467 of the Internal RevenueCode of 1986. One time and upfront Charges, excluding Service Implementation and/or Activation Fees, shall betreated as prepaid rent for purposes of Treasury Regulation 1. 467- 1( c)( 3)( ii).

Confidential

New Milford Enterprise Dark Fiber MFA Data Center to Police Dept 11- 20- 15.docl 13. 14 16

Pbertechphone585-697-5100

fax 585-442-9709

r1l$ lAl!' fi a 300 Meridian Centre

Rochester, NY 14618

Schedule 3

Route Specifications

A. Cable Parameters

Fiber type: Enhanced Single Mode Fiber( ESMF)- Matched CladConstruction completed before 3/ 2003 complies with or exceeds ITU-TRecommendations G.652.0

Construction completed after 3/ 2003 complies with or exceeds ITU-T RecommendationG.652. D

Buffer Type: Loose Buffer Tube Single Fibers or Loose Buffer Tube Ribbon Fibers Gel Filled and/orDry Block

Operating Wavelength: 1260nm to 1625nm

Fiber Maximum Attenuation: 0. 35 dB/km at 1310nm0.25 dB/km at 1550nm

Fiber Maximum Attenuation: 0. 30 dB/splice( bi- directional average)0. 50 dB/mated connector pair

B. Lessee Contact(s)

Primary Alternate

Name: Kendrick Protzmann Pete ValianteTitle: Technology Director Network AdministratorOffice: 860) 355-6082 860) 355-6082Pager: NNN) NNN- NNNN NNN) NNN-NNNNE- mail: kprotzmannna.newmilford.orq pvalianteAnewmilford.org

C. Schedule of Delivery

Approximately 120-150 days from contract acceptance

Confidential

New Milford Enterprise Dark Fiber MFA Data Center to Police Dept 11- 20- 15.doc1 13. 14 17

12/9/2015Town Council Meeting 12/ 14/2015 at 7.30 pm- [email protected] Town of New Milford Mail

A RESOLUTION ADOPTING

THE TOWN OF NEW MILFORD HAZARD MITIGATION PLAN

WHEREAS, the town of New Milford has historically experienced severe damage from natural hazards and it continuesto be vulnerable to the effects of those natural hazards profiled in the plan ( e. g. flooding, high wind. thunderstorms.winter storms, earthquakes, dam failure, and wildfires), resulting in loss of property and life, economic hardship, andthreats to public health and safety; and

WHEREAS, the Town of New Milford has developed and received conditional approval from the Federal EmergencyManagement Agency( FEMA) for its Hazard Mitigation Plan under the requirements of 44 CFR 201. 6; andWHEREAS,

public and committee meetings were held between January 2014 and May 2014 regarding thedevelopment and review of the Hazard Mitigation Plan; and

WHEREAS, the Hazard Mitigation Plan specifically addresses hazard mitigation strategies and Plan maintenanceprocedure for the Town of New Milford; and

WHEREAS, the Plan recommends several hazard mitigation actions/ projects that will provide mitigation for specificnatural hazards that impact the town of New Milford, with the effect of protecting people and property from lossassociated with those hazards; and

WHEREAS, adoption of this Plan will make the Town of New Milford eligible for funding to alleviate the impacts offuture hazards; now therefore be it

RESOLVED by the Town Council.

1. The Plan is hereby adopted as an official plan of the Town of New Milford.2. The respective officials identified in the mitigation strategy of the Plan are hereby directed to pursue

implementation of the recommended actions assigned to them;3. Future revisions and Plan maintenance required by 44 CFR 201. 6 and FEMA are hereby adopted as a part of

this resolution for a period of five ( 5) years from the date of this resolution; and4. An annual report on the progress of the implementation elements of the Plan shall be presented to the Town

Council by the Emergency Management Director.

Adopted this day of 2015 by the Town Council of New Milford, Connecticut

Mayor

IN WITNESS WHEREOF, the undersigned has affixed his/ her signature and the corporate seal of the Town of NewMilford this day of 2015.

Town Clerk

David Murphy, P.E., CFM

Vitt§ , I11, ON 1, & 2' I ', CBpoo41

99 Realty Drive/ Cheshire, Connecticut 06410203. 271. 1773 Ext. 295 / 203. 272.9733 ( Fax)w. ww.imloneandmacbroom.corn

View our Coastal Resilience Planning e- book here.View our Flood Hazard Mitigation e- book here

https:// mail. gcogle.com/ mail/ u/ 0/# inbox/ 1517ce22bdabed63

12_14_2015_Minutes.pdf - New Milford

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