Jericho Union Free School District

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Jericho Union Free School District Special Meeting, http://jerichoschools.org Victor Manuel Wednesday, June 22, 2016 8:30 AM* Jericho Middle/High School *Note I. Call to Order William Ferro Joseph Lorintz Barbara Krieger Daborah Lee Gina Levy Henry Grishman Ben Ciuffo Barbara Bauer Victor Manuel President Vice President Trustee Trustee Trustee Superintendent Assistant Superintendent Assistant Superintendent Assistant Superintendent II. III. Public Portion New Business 1. LIPA Settlement Agreement RECOMMENDED MOTION: BE IT RESOLVED, that the Board of Education hereby authorizes the settlement of the matter captioned: Baldwin Union Free School District, Bellmore- Merrick Central High School District, Freeport Union Free School District, Hewlett-Woodmere Union Free School District, Jericho Union Free School District, Merrick Union Free School District, Mineola Union Free School District, North Merrick Union Free School District, North Shore Central School District, Plainedge Union Free School District, Rockville Centre Union Free School District, Roslyn Union Free School District, Seaford Union Free School District, Syosset Central School District, Uniondale Union Free School District, Henry L. Grishman, and William H. Johnson, as Residents and Taxpayers of the County of Nassau, v. County of Nassau, Nassau County Legislature, Edward Mangano, in his Official Capacity as County Executive, James E. Davis, in his Official Capacity as Acting Assessor, Assessment Department of the County of Nassau, George Maragos, in his Official Capacity as Nassau County Comptroller, Beaumont Jefferson, in his Official Capacity as Nassau County Treasurer, Long Island Power Authority, Long Island Lighting Company, and Public Service Enterprise Group Long Island, venued in the Supreme Court of Nassau County bearing Index Number 699-2016, in accordance with the terms of the Settlement Agreement and Release attached hereto; BE IT FURTHER RESOLVED, that the Board of Education hereby authorizes the Board President to execute said Settlement Agreement and Release and any other documents necessary to effectuate the terms of said Settlement Agreement and Release on behalf of the Board of Education." ATTACHMENTS: Proposed Settlement Agreement and Release (2) (PDF) Jericho Union Free School District Page 1 Printed 6/21/2016

Special Meeting Administrative Staff Memorandum June 22, 2016 IV. Business Affairs Schedules E-(ID # 6060) E-2157 Exterior Masonry Reconstruction Jericho Union Free School District Page 2 Printed 6/21/2016

3.1 Board of Education Victor Manuel Jericho Union Free School District Jericho, New York http://jerichoschools.org LIPA Settlement Agreement Meeting: 06/22/16 08:30 AM DOC ID: 6059 RECOMMENDED MOTION: BE IT RESOLVED, that the Board of Education hereby authorizes the settlement of the matter captioned: Baldwin Union Free School District, Bellmore- Merrick Central High School District, Freeport Union Free School District, Hewlett-Woodmere Union Free School District, Jericho Union Free School District, Merrick Union Free School District, Mineola Union Free School District, North Merrick Union Free School District, North Shore Central School District, Plainedge Union Free School District, Rockville Centre Union Free School District, Roslyn Union Free School District, Seaford Union Free School District, Syosset Central School District, Uniondale Union Free School District, Henry L. Grishman, and William H. Johnson, as Residents and Taxpayers of the County of Nassau, v. County of Nassau, Nassau County Legislature, Edward Mangano, in his Official Capacity as County Executive, James E. Davis, in his Official Capacity as Acting Assessor, Assessment Department of the County of Nassau, George Maragos, in his Official Capacity as Nassau County Comptroller, Beaumont Jefferson, in his Official Capacity as Nassau County Treasurer, Long Island Power Authority, Long Island Lighting Company, and Public Service Enterprise Group Long Island, venued in the Supreme Court of Nassau County bearing Index Number 699-2016, in accordance with the terms of the Settlement Agreement and Release attached hereto; BE IT FURTHER RESOLVED, that the Board of Education hereby authorizes the Board President to execute said Settlement Agreement and Release and any other documents necessary to effectuate the terms of said Settlement Agreement and Release on behalf of the Board of Education." Updated: 6/21/2016 3:11 PM by Nancy Saviano Page 1 Packet Pg. 3

SETTLEMENT AGREEMENT AND RELEASE This SETTLEMENT AGREEMENT AND RELEASE ( Agreement ), by, between, and among the following Petitioners-Plaintiffs: (1) Amityville Union Free School District, Carle Place Union Free School District, East Williston Union Free School District, Farmingdale Union Free School District, Garden City Union Free School District, Hicksville Union Free School District, Island Trees Union Free School District, Locust Valley Central School District, Massapequa Union Free School District, Plainview-Old Bethpage Central School District, Valley Stream Central High School District, Valley Stream Union Free School District 30, Wantagh Union Free School District, West Hempstead Union Free School District, Hempstead Union Free School District, Elmont Union Free School District, Sewanhaka Central High School District and Mark Kamberg, as President of the Board of Education of the East Williston Union Free School District and individually as a taxpayer of Nassau County in a proceeding pending before the Nassau County Supreme Court bearing Index Number 697-2016 (hereinafter referred to as Action 1 ); (2) Baldwin Union Free School District, Bellmore-Merrick Central High School District, Freeport Union Free School District, Hewlett-Woodmere Union Free School District, Jericho Union Free School District, Merrick Union Free School District, Mineola Union Free School District, North Merrick Union Free School District, North Shore Central School District, Plainedge Union Free School District, Rockville Centre Union Free School District, Roslyn Union Free School District, Seaford Union Free School District, Syosset Central School District, Uniondale Union Free School District, Henry L. Grishman and William H. Johnson, as Residents and Taxpayers of the County of Nassau in a proceeding pending before the Nassau County Supreme Court bearing Index Number 699-2016 (hereinafter referred to as Action 2 ); (3) Bethpage Union Free School District, Michael Kelly, Individually and as President of the Board Packet Pg. 4

Of Education Of Bethpage Union Free School District, East Meadow Union Free School District, Herricks Union Free School District, North Bellmore Union Free School District and Westbury Union Free School District in a hybrid action and proceeding pending in the Nassau County Supreme Court bearing Index Number 704-2016 (hereinafter referred to as Action 3 ); (4) Island Park Union Free School District, Port Washington Union Free School District, Levittown Union Free School District, New Hyde Park-Garden City Park Union Free School District, Valley Stream Union Free School District #24, Roosevelt Union Free School District and Dr. Tonie McDonald, as Superintendent of Schools for the Levittown Union Free School District and as a resident and taxpayer of the Levittown Union Free School District in a proceeding pending before the Nassau County Supreme Court bearing Index Number 708-2016 (hereinafter referred to as Action 4 ); and (5) Bellmore Union Free School District, Cold Spring Harbor Central School District, East Rockaway Union Free School District, Floral Park- Bellerose Union Free School District, Great Neck Union Free School District, Long Beach City School District, Lynbrook Union Free School District, Malverne Union Free School District, Manhasset Union Free School District, Oceanside Union Free School District, Oyster Bay-East Norwich Union Free School District, Valley Stream 13 Union Free School District and Rosemary Johnson, as a resident and taxpayer of the Manhasset Union Free School District in a proceeding pending before the Nassau County Supreme Court bearing Index Numbers 710-2016 and 1971-2016 (hereinafter referred to as Action 5 ); (collectively referred to as Petitioners- Plaintiffs or School Districts ) and the following Respondents-Defendants: County of Nassau, Edward Mangano in his Official Capacity as County Executive, Assessment Department of the County of Nassau, James E. Davis in his Official Capacity as Acting Assessor, George Maragos in his Official Capacity as Nassau County Comptroller, Beaumont Jefferson in his Official 2 Packet Pg. 5

Capacity as Nassau County Treasurer, Nassau County Legislature, (collectively the County Respondents-Defendants or Nassau County ) the Long Island Power Authority, its wholly owned subsidiary, the Long Island Lighting Company, d/b/a LIPA, and PSEG Long Island, LLC, acting solely in its capacity as agent of LIPA (collectively the LIPA Respondents-Defendants or LIPA ). The County Respondents-Defendants and LIPA Respondents-Defendants are collectively referred to as Respondents-Defendants. Each of the Petitioners-Plaintiffs and the Respondents-Defendants are referred to as a Party and collectively referred to as the "Parties." WITNESSETH: WHEREAS, the School Districts commenced Action 1, Action 2, Action 3, Action 4 and Action 5 as hybrid Article 78 proceedings and declaratory judgment actions (collectively referred to herein as the Actions ) against Respondents-Defendants.; WHEREAS, in the County of Nassau, the County Respondents-Defendants are unique within LIPA s service area in that the County acts as the assessing authority and the provisions herein are consistent in order to comply with the provisions of New York State Public Authorities Law 1020-q. WHEREAS, the Parties to the Actions, all wishing to avoid the delay, expense and uncertainty of litigation in this matter, have determined that it is in their best interests to resolve and settle the claims asserted in the Actions on the terms and conditions set forth herein, without further litigation and without any admissions or concessions of liability; NOW, THEREFORE, in consideration of the mutual agreements, promises and undertakings set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and intending to be legally bound hereby, the Parties agree as follows: 3 Packet Pg. 6

reference. 1. The above-referenced recitals (Whereas Clauses) are incorporated herein by 2. The amount and invoices for LIPA s assessment-based payments-in-lieu-of-taxes ( PILOT(s) ) under New York Public Authorities Law 1020-q(1) as amended by chapter 173 of the laws of 2013 ( PAL 1020-q(1) ) shall be calculated on a calendar-year basis beginning January 1 and ending on December 31 each year. 3. The amount of LIPA s calendar year 2016 PILOT payments will be calculated by Nassau County in September 2016. LIPA will pay the May 2016 PILOTs for the second half of the 2015-16 school fiscal year in the amounts originally billed by Nassau County. LIPA s PILOT payments for the first half of the 2016-17 school fiscal year (November 2016) shall be calculated by Nassau County, on a parcel-by-parcel basis, in such manner that the total PILOT payments made by LIPA during calendar year 2016 shall not exceed by more than 2% of LIPA s payments made during calendar year 2015 in accordance with PAL 1020-q(1) (the November 2016 Payment ). LIPA s payments made during calendar year 2015 are set forth in Exhibit 1. For every calendar year thereafter, LIPA s assessment-based PILOT payments shall be calculated in accordance with the applicable provisions of the New York State Public Authorities Law, currently 1020-q(1). 4. LIPA will not appeal the Court s Interim Order, dated March 4, 2016. LIPA will remit on or before June 30, 2016, or as soon as reasonably practicable following execution of the Agreement by the Parties, a payment in the amount of Three Million Six Hundred Thirty-Seven Thousand Four Hundred Fifty-Nine Dollars and Thirty-Four Cents ($3,637,459.34) to the Nassau County Treasurer for distribution to the School District Petitioners-Plaintiffs, which sum represents the amount in dispute in the actions as set forth in Exhibit 2 (the Disputed Amount 4 Packet Pg. 7

Payment ). Except as set forth herein, the Disputed Amount Payment shall not be construed as an admission by any party as to any claims or defenses thereto previously set forth in the Actions, but rather is an accommodation to resolve those disputed claims. 5. Nassau County shall remit to the School Districts the payment by LIPA, to which reference is made in paragraphs 3 and 4 above, as soon as reasonably practicable in the ordinary course of business, after receipt of such payment from LIPA. Nassau County shall allocate the remittance described in paragraph 4 to the School Districts according to the amounts set forth in Exhibit 2 for each such School District. By way of example only, Nassau County s remittance to the Baldwin School District shall be Two Hundred Forty-One Dollars and Five Cents ($241.05); the remittance to the Bellmore School District shall be Sixty-Three Thousand One Hundred Thirty-Three Dollars and Fifty-Three Cents ($63,133.53); and so forth, for a total remittance to the School Districts collectively of Three Million Six Hundred Thirty- Seven Thousand Four Hundred Fifty-Nine Dollars and Thirty-Four Cents ($3,637,459.34), representing the amount paid by LIPA to Nassau County under paragraph 4. 6. LIPA shall be credited for Three Million Six Hundred Thirty-Seven Thousand Four Hundred Fifty-Nine Dollars and Thirty-Four Cents ($3,637,459.34), to be allocated for each School District as set forth in Exhibit 2. The credits shall be applied against PILOT payments due to Nassau County for the first half school payment for the 2016-2017 school year which shall be made by LIPA in or about November of 2016. With respect to the credits referenced in this paragraph, after the School Districts have submitted to the County the amount to be raised by taxes, Nassau County: (1) will not be responsible to make any additional assessment for, or additional levy of, any taxes; (2) will not be responsible to additionally tax for the credits applied to the 2016-2017 first half school PILOT payments which shall be made by LIPA; (3) except as 5 Packet Pg. 8

set forth herein, will not be responsible to compensate the School Districts for the amount of the credits; and (4) will not be responsible for any default by LIPA, in whole or in part, in making the payment under paragraph 4. With the exception of the credit, this paragraph is subject to the reservation of rights set forth in paragraph 13. 7. For the avoidance of doubt, the Parties agree that the sum of the PILOT payments to be paid by LIPA to Nassau County with respect to the LIPA Properties pursuant to paragraphs 3, 4 and 6 hereof during calendar year 2016 shall not exceed by more than 2% of LIPA s payments made during calendar year 2015 in accordance with PAL 1020-q(1). 8. Without altering any of the obligations set forth herein, the Parties agree to endeavor to form a committee to review the issues associated with and implementation of assessment-based LIPA PILOTs. 9. In exchange for the mutual promises contained herein, except as set forth in Paragraphs 12 and 13 below, the Petitioners-Plaintiffs hereby release and discharge Respondents-Defendants, their parents, subsidiaries, officers, directors, supervisors, employees, partners, insurers, re-insurers, attorneys, agents, and representatives, successors and assigns, jointly and individually, in their official and individual capacities, from all causes of action claims, demands, debts and obligations, which against Respondents Defendants, the Petitioners- Plaintiffs ever had, now have, or hereafter can, shall or may have arising out of any one or more of the facts alleged in the Actions up through and including the date of this Agreement, except as otherwise expressly provided for in this Agreement. This Agreement however shall not include a release of any obligations that the Parties have under this Agreement. 10. In exchange for the mutual promises contained herein, except as set forth in Paragraphs 12 and 13 below, Respondents-Defendants on behalf of their parents, subsidiaries, 6 Packet Pg. 9

officers, directors, supervisors, employees, partners, insurers, re-insurers, attorneys, agents and representatives, successors and assigns, jointly and individually, in their official and individual capacities, hereby release and discharge one another and Petitioners-Plaintiffs from all causes of action, claims, demands, debts and obligations, which against Petitioners-Plaintiffs, the Respondents Defendants ever had, now have, or hereafter can, shall or may have arising out of any one or more of the facts alleged in the Actions up through and including the date of this Agreement, except as otherwise expressly provided for in this Agreement. This Agreement however shall not include a release of any obligations that the Parties have under this Agreement. 11. For the avoidance of doubt, the releases in paragraphs 9 and 10 shall not apply to: (i) PILOTs other than the LIPA PILOTs billed for the School Districts in the 2015/2016 school year under PAL 1020-q(1) and (ii) the matters listed in Exhibit 3. Petitioners-Plaintiffs and the County Respondents-Defendants reserve all rights, assertions, claims, and defenses including, but not limited to, the right to continue to litigate the enforceability of payment with regard to any of the charges at issue in connection with the sewer tax litigations identified in Exhibit 3 under index numbers 3069/2011 and 3075/2011. 12. Except as otherwise set forth in paragraph 11, the School District Petitioners- Plaintiffs represent to Respondent-Defendants, as a material inducement to enter into this Agreement, that, other than the instant matter there are no pending, claims, charges, proceedings, complaints or actions against or with respect to any of the Respondents-Defendants based on the allegations of the Actions that are filed or submitted by any of the School District Petitioners- Plaintiffs or with its knowledge, or on its behalf with any Federal, State or local court or administrative tribunal. If any Federal, State, local court, or administrative tribunal assumes jurisdiction over any such, claims, charges, complaints or actions, the School District Petitioners- 7 Packet Pg. 10

Plaintiffs shall, if requested by counsel for any of the Respondents-Defendants, immediately cooperate (within the bounds of the law) in such counsel s efforts to take all actions necessary to cause said entity to terminate such proceeding without liability to the Respondents-Defendants. The School District Petitioners-Plaintiffs further represent that they have not assigned or transferred or attempted to assign or transfer to any person any claim that any of them has or may have against any Respondent-Defendant. 13. Except with respect to the Actions, it is expressly agreed and acknowledged that the Petitioners-Plaintiffs have fully reserved the right to claim, beginning with the 2016-2017 school year, that: (i) Nassau County lacks the authority to alter or change the amounts submitted by the School Districts to be raised in taxes; (ii) the Nassau County Guaranty found in Section 6-26.0 of the Nassau County Administrative Code obligates Nassau County to make the School Districts whole for any revenue shortfall resulting from the calculation of the assessment-based LIPA PILOTs; and (iii) Nassau County is obligated to bill for, collect, disburse or distribute any LIPA PILOT. Except with respect to the Actions, Nassau County fully reserves the right: (i) to deny any such allegation or claim by the Petitioners-Plaintiffs, and otherwise assert that Nassau County has the authority to alter or change the amounts submitted by the School Districts to be raised in taxes; (ii) to deny that the Nassau County Guaranty obligates Nassau County to make the School Districts whole for any revenue shortfall resulting from the calculation of assessmentbased LIPA PILOTs; and (iii) following its compliance with paragraph 5 above, to deny that Nassau County has any obligation to bill for, collect, disburse or distribute any LIPA PILOT. 14. This Agreement shall not be construed to limit any right the Petitioners-Plaintiffs may have to challenge beginning with the 2016-2017 school year, the subsequent alteration or 8 Packet Pg. 11

changing by Nassau County of the amounts submitted by the School Districts to be raised in taxes or the obligations created by the Nassau County Guaranty as described in paragraph 13. 15. The Parties, by their attorneys, shall, concurrent with the execution hereof, execute a Stipulation of Discontinuance of the Actions with prejudice subject to the terms and conditions of this Agreement, in the form attached as Exhibit 4 as among the Parties hereto. Petitioners-Plaintiffs shall file the Stipulation of Discontinuance within one week of receipt of the May 2016 LIPA PILOTs for the second half of the 2015/2016 school fiscal year and the remittance to Petitioners-Plaintiffs in each Action of the payment as described in paragraph 4. 16. The Parties acknowledge that, for the purposes of this Agreement, they have been represented by legal counsel of their own choice, throughout all of the negotiations preceding the execution of this Agreement; that they have consulted with their attorneys prior to executing this Agreement; that they have executed this Agreement only after consultation with their independent legal counsel; that they have carefully read this Agreement in its entirety; that they have had the provisions of this Agreement explained to them by their counsel who have answered any questions they asked with regard to the meaning of any of the provisions of this Agreement to their satisfaction; that they fully understand the terms, conditions and significance of this Agreement and are signing this Agreement voluntarily and of their own force and that they intend to abide by all of the provisions of this Agreement. 17. This Agreement represents the complete understanding of the Parties regarding the subject matter contained herein. The Parties further agree that: a. This Agreement may not be changed or modified orally; b. This Agreement shall be construed and enforced in accordance with the laws of the State of New York; 9 Packet Pg. 12

c. If, at any time after the date of execution of this Agreement, any provision of this Agreement shall be held to be illegal, void, or unenforceable by a court of competent jurisdiction, such provision shall be of no force and effect. However, the illegality or unenforceability of such provision shall have no effect upon, and shall not impair the enforceability of, any other provision of this Agreement; d. This Agreement is binding upon, and shall inure to the benefit of the Parties, and their respective heirs, assigns, and distributees; and e. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the Parties. f. The Parties agree that this Agreement has been jointly drafted and negotiated with the assistance of counsel for each Party and that any ambiguity shall not be construed against any Party as the drafter of the Agreement. g. The Parties hereby waive any statutory notice of claim provisions that may apply to an action to enforce the terms of this Stipulation. 18. The Parties, individually and collectively, expressly represent and warrant that there has been no assignment or other transfer of any interest in any claims or interests being settled hereunder. 19. Except as otherwise set forth herein, the Parties shall at any and all times, upon reasonable request to the other, or to their legal representatives, promptly make, execute and deliver any and all other and further instruments, writings or documents as may be necessary or desirous for the purpose of giving full force and effect to the provisions of this Agreement without charge. 10 Packet Pg. 13

20. Nothing herein shall be construed as granting or prohibiting LIPA from instituting administrative and/or judicial review of assessments where LIPA is an aggrieved party pursuant to the Real Property Tax Law. 21. The Parties acknowledge that this Agreement is the entire agreement among the Parties concerning its subject matter, supersedes all prior agreements and understandings, whether or not written, and is not intended to confer upon any person other than the Parties any rights or remedies hereunder. 22. This Agreement may be executed in counterparts, each of which when executed shall be deemed to be an original and all of which together shall constitute a single instrument binding upon the Parties, and facsimile or electronic signatures shall have the same force and effect as an original. 23. This Agreement may be delivered by facsimile or electronic transmission. The facsimile or electronic transmission of any signed original document or any retransmission of any signed facsimile or electronic transmission will be deemed the same as delivery of an original. 24. Each of the individuals signing this Agreement on behalf of any of the Parties represent that he/she has authority to sign on behalf of the entity for which they have acted as signatory. WHEREFORE, the Parties hereto have caused this Agreement to be signed on the dates indicated below and the Stipulation becoming effective upon signature by all Parties. [the next pages are the signature pages] 11 Packet Pg. 14

County Respondents-Defendants Dated:, 2016 By: Dated:, 2016 Dated:, 2016 Dated:, 2016 Long Island Power Authority, Long Island Lighting Company, d/b/a Long Island Power Authority By: PSEG Long Island, LLC By: SCHOOL DISTRICT By: 12 Packet Pg. 15

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EXHIBIT 3 (1) Board of Education of the North Shore Central School District v. Long Island Power Authority, Long Island Lighting Company D/B/A LIPA, National Grid Generation, L.L.C., Keyspan Generation L.L.C, and Marketspan Generation, L.L.L. bearing Index No.: 012607-2013; (2) Board of Education of the Island Park Union Free School District v. Long Island Power Authority, Long Island Lighting Company d/b/a LIPA, National Grid Generation, L.L.C., Keyspan Generation, L.L.C, and Marketspan Generation L.L.C bearing Index No. 607447-2015 (3) Baldwin Union Free School District, et al. v. The County of Nassau, et al., Index No. 3069/2011; (4) In the Matter of the Board of Education of the East Meadow Union Free School District, et al. v. The County of Nassau, et al., Index No. 3075/2011; (5) Bethpage Union Free School District, et al. v. Nassau County, et al., Index No. 2007-11483 (6) Green Acres Mall - VS 15 Packet Pg. 18

EXHIBIT 4 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ----------------------------------------------------------------------------X [ADD CAPTION] ----------------------------------------------------------------------------X STIPULATION OF DISCONTINUANCE Index No. [ADD No.] IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the below-named Parties to the above-entitled action, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the action, the above-entitled action, including all claims, counter-claims and cross-claims asserted therein, be, and the same hereby is discontinued with prejudice without costs to any party as against any other party subject to the terms of the Settlement Agreement and Release among the Parties. This Stipulation may be executed in one or more counterparts. Facsimile and electronic signatures shall have the same force and effect as originals. This Stipulation may be filed without further notice with the Clerk of the Court. Rivkin Radler, LLP By: William M. Savino, Esq. Attorneys for Defendants-Respondents COUNTY OF NASSAU, EDWARD MANGANO IN HIS OFFICIAL CAPACITY AS COUNTY EXECUTIVE, ASSESSMENT DEPARTMENT OF THE COUNTY OF NASSAU, JAMES E. DAVIS IN HIS OFFICIAL CAPACITY AS ACTING ASSESSOR, GEORGE MARAGOS IN HIS OFFICIAL CAPACITY AS NASSAU COUNTY COMPTROLLER, BEAUMONT JEFFERSON IN HIS OFFICIAL CAPACITY AS NASSAU COUNTY TREASURER, NASSAU COUNTY LEGISLATURE 926 RXR Plaza, Uniondale, NY 11556 (516) 357-3000 Koeppel, Martone & Leistman, LLP By: Donald F. Leistman, Esq. Attorneys for Defendants-Respondents LONG ISLAND POWER AUTHORITY, LONG ISLAND LIGHTING COMPANY D/B/A LONG ISLAND POWER AUTHORITY, 155 First Street Mineola, NY 11501 (516) 747-6300 [SCHOOL DISTRICT ATTORNEY] By: Attorneys for Petitioners-Plaintiffs PSEG Long Island By: Andrew McCabe, Esq. Attorneys for Defendant-Respondent PSEG LONG ISLAND LLC 333 Earle Ovington Boulevard, Suite 403 Uniondale, NY 11553 (516) 222-7700 16 Packet Pg. 19

[END OF DOCUMENT] 3425436 v3 17 Packet Pg. 20

4.1 Board of Education Victor Manuel Jericho Union Free School District Jericho, New York http://jerichoschools.org Schedule (ID # 6060)-E E-2157 Exterior Masonry Reconstruction Meeting: 06/22/16 08:30 AM DOC ID: 6060 Updated: 6/21/2016 4:19 PM by Nancy Saviano Page 1 Packet Pg. 21

4.1.a Award of Bid June 22, 2016 Bid No. 1294 BOARD OF EDUCATION JERICHO UNION FREE SCHOOL DISTRICT JERICHO, NEW YORK Schedule No. E-2157 Exterior Masonry Reconstruction WHEREAS, in accordance with Section 103 of the General Municipal Law, advertisement for bids was duly published and bids received in response thereto were publicly opened and read, and WHEREAS, the following is the lowest responsible bidder, meeting specifications, NOW THEREFORE BE IT RESOLVED, that the following be awarded contract or purchase contracts as the case may be, in the amount set opposite their respective name; all other bids in connection therewith be and hereby are rejected by the Board of Education, and directs the Board President and or Superintendent to sign such documents on behalf of the Board Exterior Masonry Reconstruction at the Jericho Middle/High School SED No. 28-05-15-03-0-003-039 Contract No. 1 Masonry Reconstruction Contractor Base Bid Paza Contracting Corp. *$210,000 Contractor Base Bid Alternate No. 1 Furnish & Install All Spiro-Lok Fasteners Shown on North Elevation Alternate No. 2 Remove & Replace Concrete Bean/Window Header A1 Construction 292,000 40,000 75,000 All Brothers Construction 642,800 43,750 10,585 Metropolitan Construction 651,000 17,600 26,800 Paza Construction 210,000 25,000 35,000 Siba Contracting 382,000 28,000 14,000 Silverstone Construction 219,000 10,000 5,000 Stalco Construction 712,125 77,591 10,406 Total Construction 334,000 38,000 16,000 Valco Inc 248,400 47,000 24,500 *Based upon the attached award letter from John A. Grillo Architect, P.C. Attachment: E-2157 Exterior Masonry Reconstruction High-Middle School Pool Wall (6060 : E-2157 Exterior Masonry Reconstruction) /njs Packet Pg. 22

4.1.a Attachment: E-2157 Exterior Masonry Reconstruction High-Middle School Pool Wall (6060 : E-2157 Exterior Masonry Reconstruction) Packet Pg. 23

4.1.a Attachment: E-2157 Exterior Masonry Reconstruction High-Middle School Pool Wall (6060 : E-2157 Exterior Masonry Reconstruction) Packet Pg. 24